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IRS NEWS
The IRS recently published its list of the approximately 275,000 organizations that are no longer tax exempt due to failure to file Form 990 for three consecutive years. See www.irs.gov to review the list and to learn how to reapply for tax-exempt status.
CALIFORNIA BAR NEWS
Barbara Rosen is Chair of the State Bar Taxation Section's Exempt Organizations Committee. The Committee recently supported California Assembly Bill 997, www.leginfo.ca.gov, providing an exception to the definition of professional fiduciary for certain nonprofits.
Cherie Evans is the Chair of the State Bar Business Section's Nonprofit Organizations Committee. This Committee was largely responsible for drafting Assembly Bill 1233, which became effective on January 1, 2010 and made many clarifying changes to California Corporations Code sections pertaining to nonprofit corporations, consumer cooperative corporations, and unincorporated associations. Please see www.leginfo.ca.gov for the text of this bill. The Committee also facilitated the Form 990 Policy Series, which provides policies to address the governance issues raised in the new Form 990. See www.publiccounsel.org.
UPMIFA ARTICLE
Barbara Rosen co-authored an article on UPMIFA that was published in the California Tax Lawyer titled "UPMIFA: New Law Affects Lawyers Advising (and Serving on) Charity Boards in California." See CTL, Volume 18, No. 4.
NONPROFIT DIRECTOR ARTICLE
Cherie Evans co-authored an article entitled "So You Want to Be a Nonprofit Director?" with Natasha Ng, which appeared in the California Business Law Practitioner, Volume 25/Number 1, Winter 2010.
DC DELEGATION
Barbara Rosen was a member of the 2009 California Bar Taxation Section's delegation to Washington, DC from May 4-6. She met with Congressional tax staff, Treasury and IRS officials and counsel, the Taxpayer Advocate, and members of the Joint Committee on Taxation. Barbara co-presented a proposal for regulatory guidance under Internal Revenue Code Sections 508(a) & (b).
ADVISING CALIFORNIA NONPROFIT CORPORATIONS
Cherie Evans co-authored with Patrick Sternal the revised chapter on choice of entity in this book. Please see www.ceb.com for details.
UPDATE ON PROFESSOR ROSEN
Barbara Rosen is an adjunct professor at Golden Gate University, teaching Tax Exempt Organizations in the LL.M. program. See www.ggu.edu for details.
IRS SIMPLIFIES PUBLIC CHARITY RULING PROCESS
IRS will no longer issue advance rulings of public charity status under Sections 509(a)(1) and (a)(2). IRS will issue determination letters granting public charity status, and after the first five years, charities will continue to qualify as public charities based on their public support tests included on Form 990.
TAXATION OF EXEMPTS ARTICLE ON GROUP EXEMPTIONS
Barbara Rosen and Gene Takagi authored an article entitled "Group Exemptions Demystified" in the January/February 2008 issue of Taxation of Exempts magazine.
CALIFORNIA SIMPLIFIES TAX EXEMPTION
Starting January 1, 2008, organizations with a determination letter from the IRS under Section 501(c)(3) can request California affirmation of tax exemption from the California Franchise Tax Board by sending a copy of the determination letter and Form 3500A in lieu of filing Form 3500. See www.ftb.ca.gov for more information.
GUIDESTAR ARTICLE ON INTERNATIONAL GIVING
Cherie Evans wrote an article on international giving by public charities. See www.guidestar.org to view the article.
PROGRAM ON JOINT VENTURES
Barbara Rosen, Cherie Evans, and Gene Takagi recorded a program on joint ventures between nonprofit and for-profit organizations. See www.law.com for details.
PLEDGE WORKOUTS UNDER SECTION 4958
Barbara Rosen was part of the 2006 California Bar Association Tax Section's delegation to Washington, DC in early May, meeting with members of Congress and their staff, Treasury, IRS Chief Counsel's Office, and the US Tax Court. Barbara co-presented a proposal for administrative guidance under Internal Revenue Code Section 4958. Click here to download a pdf version of the proposal.
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July 13, 2011
NONPROFITS AND FISCAL SPONSORSHIPS
Cherie Evans will speak on starting a nonprofit and the fiscal sponsorship alternative for California Lawyers for the Arts. Please see www.calawyersforthearts.org for details and registration.
February 23, 2011
DUTIES AND RESPONSIBILITIES OF SERVING ON A NONPROFIT BOARD
Gene Takagi and Cherie Evans presented information on this topic at the Bar Association of San Francisco. Please see www.legalspan.com for the podcast.
November 13, 2009
USE OF DONOR-ADVISED FUNDS
Barbara Rosen moderated a panel on Donor-Advised Funds at the 2009 Annual Meeting of the California Tax Bar November 12-14 in San Diego.
February 5, 2009
NON-PROFITS AND UNRELATED BUSINESS INCOME TAX:
EVALUATING NON-CORE REVENUE STREAMS
Cherie Evans, Bruce Hopkins, R. Michael Sorrells, and Brenda Blunt participated in a teleconference on recent unrelated business income tax developments.
January 17, 2009
WHAT NONPROFITS NEED TO KNOW ABOUT GOVERNMENT
REGULATIONS
Cherie Evans and Patrick Sternal presented information on increased government oversight, especially in light of the new Form 990, at the State Bar Section Education Institute in Berkeley. Please see www.legalspan.com for a video of this presentation.
June 6, 2008
INTRODUCING UPMIFA
Cherie Evans spoke on the Uniform Prudent Management of Institutional Funds Act before the Nonprofit and Unincorporated Organizations Committee of the California State Bar.
May 13, 2008
THE NONPROFIT LEGAL CHECKUP
Cherie Evans provided tips for keeping a nonprofit healthy at the Center for Volunteer and Nonprofit Leadership of Marin (www.cvnl.org).
January 28, 2008
LEGAL ISSUES FACING START-UPS
Cherie Evans spoke on forming a nonprofit at The Foundation Center (www.foundationcenter.org) in San Francisco.
January 18, 2008
LIABILITY OF DIRECTORS OF NONPROFITS AFTER SARBANES-OXLEY
Cherie Evans and Lisa Runquist talked about the application of Sarbanes-Oxley to nonprofits at the State Bar Section Education Institute in San Diego. Please see www.legalspan.com for a video of this presentation.
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