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IRS NEWS
The IRS recently sent notices to tax-exempt organizations reminding them of the Form 990 filing requirements and upcoming revocation of exemption for failure to file for three consecutive years.
CALIFORNIA BAR NEWS
Barbara Rosen is Chair of the State Bar Taxation Section's Exempt Organizations Committee. The Committee held its annual meeting on November 20, 2009 at the Western Conference on Tax Exempt Organizations in Los Angeles on November 19-20.
Cherie Evans is Vice Chair-Legislation of the State Bar Business Section's Nonprofit and Unincorporated 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.
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.
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 UC Hastings College of the Law, co-teaching a course on nonprofit organization law during spring semester 2007, 2008, 2009, and 2010. For more information, see the list of Adjunct Faculty and Course Catalog at www.uchastings.edu. This summer, Barbara will again be teaching Tax Exempt Organizations in the Golden Gate University 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.
IRS ISSUES REDESIGNED FORM 990
On December 20, 2007, the IRS issued its redesigned Form 990, for use in 2009 for the 2008 filing season. See www.irs.gov for details.
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.
GUIDESTAR ARTICLE ON EXECUTIVE ORDER 13224
Cherie Evans wrote an article on anti-terrorist financing laws and nonprofits. See www.guidestar.org to view the article.
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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February 24, 2010
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.
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.
May 13, 2009
NONPROFIT BASICS AND FISCAL SPONSORSHIP
Cherie Evans spoke on starting a nonprofit for California Lawyers for the Arts (www.calawyersforthearts.org).
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. Please see www.straffordpub.com for a CD of this program.
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. Please see www.calbar.ca.gov for presentation materials.
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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