Law of Tax-Exempt Organizations - 2023 Cumulative Supplement

Klappentext Stay informed of every major development in the law of tax-exempt organizations from 2021, 2022 AND 2023. In the 2023 Cumulative Supplement to the twelfth edition of The Law of Tax-Exempt Organizations, readers will find an essential update covering and explaining every relevant and impactful legislative and regulatory change, as well as major cases and decisions from 2021 and 2022, that will affect the administration and operation of tax-exempt organizations in the United States. Renowned authors and legal experts Bruce R. Hopkins and Shane Hamilton offer concise and authoritative commentary on the latest amendments and legislation of interest to the leaders and managers of tax-exempt organizations and the lawyers, accountants, and consultants who serve and advise them. Zusammenfassung Stay informed of every major development in the law of tax-exempt organizations from 2021, 2022 AND 2023. In the 2023 Cumulative Supplement to the twelfth edition of The Law of Tax-Exempt Organizations, readers will find an essential update covering and explaining every relevant and impactful legislative and regulatory change, as well as major cases and decisions from 2021 and 2022, that will affect the administration and operation of tax-exempt organizations in the United States. Renowned authors and legal experts Bruce R. Hopkins and Shane Hamilton offer concise and authoritative commentary on the latest amendments and legislation of interest to the leaders and managers of tax-exempt organizations and the lawyers, accountants, and consultants who serve and advise them. Inhaltsverzeichnis A Letter to the Reader xvAbout the Authors xviiPreface xixAbout the Online Resources xxiBook Citations xxiiiPart One: Introduction to the Law of Tax-exempt Organizations1 Definition of and Rationales for Tax- Exempt Organizations 3§ 1.1 Definition of Nonprofit Organization 3(a) Nonprofit Organization Defined 3§ 1.2 Definition of Tax- Exempt Organization 4§ 1.4 Political Philosophy Rationale 42 Overview of Nonprofit Sector and Tax- Exempt Organizations 5§ 2.1 Profile of Nonprofit Sector 5§ 2.2 Organization of IRS 7(a) IRS in General 7(a- 1) Prospective Restructuring of IRS 7(b) Tax Exempt and Government Entities Division 8Part Two: Fundamentals of the Law of Tax-exempt Organizations3 Tax Exemption: Source and Recognition 11§ 3.2 Recognition of Tax Exemption 11(a) General Rules 11§ 3.3 Recognition of Public Charity, Private Foundation Status 114 Organizational, Operational, and Related Tests and Doctrines 13§ 4.1 Forms of Tax- Exempt Organizations 13(a) General Rules 13§ 4.3 Organizational Test 13(e) Rules for Limited Liability Companies 14§ 4.4 Primary Purpose Test 16§ 4.5 Operational Test 16(a) Basic Rules 16§ 4.7 Commensurate Test 16§ 4.8 State Action Doctrine 16(d) Statutory Law 16§ 4.9 Commerciality Doctrine 16(e) Other Applications of Doctrine 16(f) Elements of Commerciality 17(g) IRS Ruling Policy 17(h) Contemporary Perspective on Doctrine 185 Nonprofit Governance 19§ 5.3 Board Duties and Responsibilities 19(a) Duty of Care 19(b) Duty of Loyalty 20(c) Duty of Obedience 20§ 5.7 IRS and Governance 20(c) IRS Ruling Policy 20Part Three: Tax-exempt Charitable Organizations6 Concept of Charitable 25§ 6.2 Public Policy Doctrine 25(a) General Principles 25(b) Race- Based Discrimination 25§ 6.3 Collateral Concepts 26(a) Requirement of Charitable Class 26(i) Illegal Activities 267 Charitable Organizations 29§ 7.2 Relief of Distressed 29(b) Disaster Relief Programs 29§ 7.4 Provision of Housing 34§ 7.6 Promotion of Health 34(a) Hospital Law in General 35(b) Additional Statutory Requirements for Hospitals 36(m) Accountable Care Organizations 36§ 7.7 Lessening Burdens of Government 36§ 7.8 Advancement of Education 37§ 7.11 Promotion of Social Welfare 38§ 7.14 Fundraising Organizations 38(c) Other E...

Sommario

A Letter to the Reader xv
 
About the Authors xvii
 
Preface xix
 
About the Online Resources xxi
 
Book Citations xxiii
 
Part One: Introduction to the Law of Tax-exempt Organizations
 
1 Definition of and Rationales for Tax- Exempt Organizations 3
 

1.1 Definition of Nonprofit Organization 3
 
(a) Nonprofit Organization Defined 3
 

1.2 Definition of Tax- Exempt Organization 4
 

1.4 Political Philosophy Rationale 4
 
2 Overview of Nonprofit Sector and Tax- Exempt Organizations 5
 

2.1 Profile of Nonprofit Sector 5
 

2.2 Organization of IRS 7
 
(a) IRS in General 7
 
(a- 1) Prospective Restructuring of IRS 7
 
(b) Tax Exempt and Government Entities Division 8
 
Part Two: Fundamentals of the Law of Tax-exempt Organizations
 
3 Tax Exemption: Source and Recognition 11
 

3.2 Recognition of Tax Exemption 11
 
(a) General Rules 11
 

3.3 Recognition of Public Charity, Private Foundation Status 11
 
4 Organizational, Operational, and Related Tests and Doctrines 13
 

4.1 Forms of Tax- Exempt Organizations 13
 
(a) General Rules 13
 

4.3 Organizational Test 13
 
(e) Rules for Limited Liability Companies 14
 

4.4 Primary Purpose Test 16
 

4.5 Operational Test 16
 
(a) Basic Rules 16
 

4.7 Commensurate Test 16
 

4.8 State Action Doctrine 16
 
(d) Statutory Law 16
 

4.9 Commerciality Doctrine 16
 
(e) Other Applications of Doctrine 16
 
(f) Elements of Commerciality 17
 
(g) IRS Ruling Policy 17
 
(h) Contemporary Perspective on Doctrine 18
 
5 Nonprofit Governance 19
 

5.3 Board Duties and Responsibilities 19
 
(a) Duty of Care 19
 
(b) Duty of Loyalty 20
 
(c) Duty of Obedience 20
 

5.7 IRS and Governance 20
 
(c) IRS Ruling Policy 20
 
Part Three: Tax-exempt Charitable Organizations
 
6 Concept of Charitable 25
 

6.2 Public Policy Doctrine 25
 
(a) General Principles 25
 
(b) Race- Based Discrimination 25
 

6.3 Collateral Concepts 26
 
(a) Requirement of Charitable Class 26
 
(i) Illegal Activities 26
 
7 Charitable Organizations 29
 

7.2 Relief of Distressed 29
 
(b) Disaster Relief Programs 29
 

7.4 Provision of Housing 34
 

7.6 Promotion of Health 34
 
(a) Hospital Law in General 35
 
(b) Additional Statutory Requirements for Hospitals 36
 
(m) Accountable Care Organizations 36
 

7.7 Lessening Burdens of Government 36
 

7.8 Advancement of Education 37
 

7.11 Promotion of Social Welfare 38
 

7.14 Fundraising Organizations 38
 
(c) Other Exemption Issues 38
 

7.15 Instrumentalities of Government 38
 

7.16 Other Categories of Charity 38
 
(a) Environmental Protection 38
 
(e) Local Economic Development 39
 

7.17 Qualified Opportunity Zones 39
 
8 Educational Organizations 41
 

8.3 Educational Institutions 41
 
(a) Schools, Colleges, and Universities 41
 

8.4 Instruction of Individuals 42
 

8.5 Instruction of Public 42
 
9 Scientific Organizations 45
 

9.2 Concept of Research 45
 
10 Religious Organizations 47
 

10.1 Constitutional Law Framework 47
 
(a) General Constitutional Law Principles 47
 
(c) Internal Revenue Code Provisions 48
 

10.2 Federal Tax Law Definition of Religion 48

Dettagli sul prodotto

• Autori: Hamilton, Shane Hamilton, Shane T. Hamilton, Shane T. Hopkins Hamilton, Bruce R. Hopkins, Bruce R. (Member Hopkins, Hopkins Bruce R.
• Editore: Wiley, John and Sons Ltd
• Lingue: Inglese
• Formato: Tascabile
• Pubblicazione: 01.06.2023
• EAN: 9781119985327
• ISBN: 978-1-119-98532-7
• Pagine: 256
• Categorie: Scienze sociali, diritto, economia > Economia > Management; Steuerbefreiung, Business & management, Wirtschaft u. Management, Gemeinnützige Organisationen / Recht, Non-Profit Organizations / Law