The Bruce R. Hopkins Nonprofit Law Library E-Book

Bruce R. Hopkins

• Herausgeber: John Wiley & Sons
• Kategorie: Fachliteratur
• Serie: Wiley Nonprofit Authority
• Sprache: Englisch
• Veröffentlichungsjahr: 2013

Seitenzahl: 890

Beschreibung

Need a quick answer to a nonprofit legal conundrum? It's literally at your fingertips with The Bruce R. Hopkins Nonprofit Law Library. Supplying you with find-it-on-the-run answers to your nonprofit law questions, this Library prepares you to meet and manage your nonprofit's legal obligations with its step-by-step guidance. Packed with authoritative answers to the most essential questions on how to start a nonprofit organization; nonprofit law basics; maintenance of tax exemption; public charity rules; unrelated business rules; boards of directors and compensation; conflicts of interest; self-dealing; liability, and much more, this e-Library offers hands-on information mined from the following bestselling books and updated and expanded by the leading authority on nonprofit law, Bruce R. Hopkins: * Nonprofit Law for Religious Organizations: Essential Questions & Answers / Bruce R. Hopkins and David Middlebrook * 650 Essential Nonprofit Law Questions Answered / Bruce R. Hopkins * The Legal Answer Book for Private Foundations / Bruce R. Hopkins and Jody Blazek * Starting and Managing a Nonprofit Organization, Sixth Edition / Bruce R. Hopkins * Nonprofit Law for Colleges and Universities / Bruce R. Hopkins, Virginia C. Gross, and Thomas J. Schenkelberg From acquiring and maintaining tax-exempt status to fundraising regulation, The Bruce R. Hopkins Nonprofit Law Library gives you the legal guidance and practical insights you need--now.

Leseprobe

Contents

Cover

Title Page

Copyright

Preface

About the Author

Chapter 1: Nonprofit Organizations Law Generally

Nonprofit Law Basics

1.1 What is a nonprofit organization?

1.2 Is the term nonprofit organization defined in the Internal Revenue Code?

1.3 Is the term nonprofit organization defined in the federal tax regulations?

1.4 Is the term nonprofit organization defined in any other rule or form of guidance from the IRS?

1.5 Is the term nonprofit organization defined in the United States Constitution?

1.6 Is the term nonprofit organization defined in the federal case law?

1.7 Are there any other defects in this Supreme Court Definition of nonprofit organization?

1.8 Sometimes the term not-for-profit organization is used instead of nonprofit organization. Are the terms synonymous?

1.9 What are the types of nonprofit organizations?

1.10 What is the appropriate form of nonprofit organization?

1.11 How is a nonprofit organization started?

1.12 How does a nonprofit organization incorporate?

1.13 What is a registered agent?

1.14 What does the registered agent do?

1.15 Does the registered agent have any liability for the corporation's affairs?

1.16 Who are the incorporators?

1.17 How does a nonprofit organization decide in which state to incorporate?

1.18 how does a nonprofit organization qualify to do business in another state?

1.19 What constitutes doing business in a state?

1.20 How is a nonprofit trust started?

1.21 how is a nonprofit unincorporated association started?

1.22 Who owns a nonprofit organization?

1.23 Who controls a nonprofit organization?

1.24 How many directors must a nonprofit organization have?

1.25 Can the same individuals serve as the directors, officers, and incorporators?

1.26 Can the same individual serve as a director, officer, incorporator, and registered agent?

1.27 What is the legal standard by which a nonprofit organization should be operated?

1.28 What is the legal standard for an organization that is tax-exempt and charitable?

1.29 What is the rationale for this standard for charities?

1.30 What does the term fiduciary mean?

1.31 What is the legal standard underlying fiduciary responsibility?

1.32 What is the meaning of the term reasonable?

1.33 Who are the fiduciaries of a charitable organization?

1.34 What does the term ex officio mean?

1.35 What does the term ultra vires act mean?

1.36 What are the rules regarding the development of chapters?

1.37 Do chapters have to be incorporated?

1.38 What is the law as to board management responsibilities?

1.39 What is a dissolution clause?

Basic Nonprofit Organizations Documents

1.40 What are the articles of incorporation/articles of organization?

1.41 What is a constitution?

1.42 What are bylaws?

1.43 What is a statement of purpose?

Federal Tax Law Basics

1.44 What is the organizational test?

1.45 What is the operational test?

1.46 What does the term primarily mean?

1.47 What is the commensurate test?

1.48 What is the commerciality doctrine?

1.49 What are the categories of charitable organizations?

1.50 What are the other categories of tax-exempt organizations?

1.51 What is a governmental unit?

1.52 Can a nonprofit organization be affiliated with a governmental unit?

1.53 How is this type of affiliation established?

1.54 What are the federal tax law consequences for a nonprofit organization that is affiliated with a governmental unit?

1.55 How is the IRS structured in connection with its oversight of tax-exempt organizations?

1.56 Does the IRS communicate what its efforts and priorities are in connection with its administration of the law of tax-exempt organizations?

1.57 What is the role of a lawyer who represents one or more nonprofit organizations?

Chapter 2: Acquiring and Maintaining Tax‐Exempt Status

Nonprofit and Tax‐Exempt Entities

2.1 Are all nonprofit organizations tax-exempt organizations?

2.2 Are all tax-exempt organizations nonprofit organizations?

2.3 Concerning tax exemption, what taxes are involved?

2.4 How many categories of tax-exempt organizations are provided for in the federal income tax law?

2.5 What is the public policy doctrine and its impact on exempt charitable organizations?

Exemption Application Basics

2.6 How does a nonprofit organization become a tax-exempt organization?

2.7 Is a nonprofit organization required to apply to the IRS for tax-exempt status?

2.8 What does recognition of tax exemption mean?

2.9 Are certain types of organizations that wish to be tax-exempt required by law to seek recognition of exempt status from the IRS?

2.10 What are the advantages of obtaining recognition of exempt status from the IRS?

2.11 Are there any exemptions from the recognition requirement?

2.12 What is the procedure for seeking recognition of tax-exempt status?

2.13 What is the content of these applications?

2.14 Where are these applications filed?

2.15 What is the formal definition of the term determination letter?

2.16 What is the formal definition of the term ruling?

2.17 How long does the IRS take to process an application for recognition of exemption?

2.18 Is there a process by which an applicant organization can request the IRS to expedite the processing of its application?

2.19 Are copies of applications for recognition of exemption publicly available?

2.20 Does the IRS share this information with state officials?

2.21 How long does an exemption determination letter or ruling remain in effect?

2.22 Once a determination letter or ruling is obtained, should the organization review its application periodically to determine whether one or more changes in the facts have occurred?

2.23 What happens if there is a substantial change in an organization's character, purposes, or methods of operation?

2.24 Will the IRS issue a determination letter or ruling to an organization in advance of its operations?

General Procedures

2.25 How much information must be provided to the IRS in these applications?

2.26 What happens if the IRS decides an application for recognition of exemption is incomplete?

2.27 Should these applications be treated as business plans?

2.28 What is a substantially completed application?

2.29 Is the application for recognition of exemption an important document for a tax-exempt organization?

2.30 How long does it take to prepare an application for recognition of tax exemption?

2.31 Is there a charge for the processing of an application for recognition of exemption?

2.32 Can an application for recognition of exemption be referred to the National Office of the IRS?

2.33 Can an applicant organization seek the assistance of the National Office?

2.34 Can an application for recognition of exemption be withdrawn?

2.35 What happens when the IRS concludes an applicant organization does not qualify for tax exemption?

2.36 What is the appeal procedure?

2.37 What is the protest procedure?

2.38 What is the role of the IRS Appeals office in this regard?

2.39 If an organization is denied recognition of exemption, may it reapply?

2.40 What is the effective date of a determination letter or ruling?

2.41 To what extent can an organization rely on its determination letter or ruling?

2.42 How does an organization remain tax-exempt?

2.43 When might an organization's tax exemption be revoked?

2.44 Can tax-exempt status be retroactively revoked?

2.45 When should a tax-exempt organization consider the establishment of a related foundation?

2.46 Does a lack of filing of annual information returns have any impact on an organization's tax-exempt status?

Application Form 1023

2.47 What is required in Part I of Form 1023?

2.48 What is required in Part II of Form 1023?

2.49 What is required in Part III of Form 1023?

2.50 What is required in Part IV of Form 1023?

2.51 What is required in Part V of Form 1023?

2.52 What is required in Part VI of Form 1023?

2.53 What is required in Part VII of Form 1023?

2.54 What is required in Part VIII of Form 1023?

2.55 What is required in Part IX of Form 1023?

2.56 What is required in Part X of Form 1023?

2.57 What is required in Part XI of Form 1023?

2.58 What happens when the requested ruling as to tax-exempt status is not granted?

Group Exemption

2.59 What is the group exemption procedure?

2.60 How is a group exemption initially established?

2.61 How is the Group exemption maintained?

2.62 How are the annual information return reporting requirements satisfied?

2.63 Do the central organization and the subordinate organizations have to have the same tax-exempt status?

2.64 Are the subordinate organizations in a group required to have the same tax-exempt status?

2.65 Can the same organization be involved in more than one group?