Cover image for Joint Ventures Involving Tax-Exempt Organizations, 4th Edition

Joint Ventures Involving Tax-Exempt Organizations, 4th Edition

Author Michael I. Sanders
Release Date: 2019/12/01
Topic:
0%
27
Chapters
0-1
Hours read
0k
Total Words
    Start Reading Now    
       Add to Wishlist       
View table of contents

Book Description

Effective strategies for non-profit entities in a profit-based world

Joint Ventures Involving Tax-Exempt Organizations examines the procedures, rules, and regulations surrounding joint ventures and partnerships, emphasizing tax-exempt status preservation. Revised and updated to align with changes made to numerous tax codes and laws within the last year, this supplement offers expert interpretation and practical guidance to professionals seeking a complete reference, including an analysis of impact of the “siloing” of the UBIT rules, the new Opportunity Zone Funds which will incentivize investors in designated census tracts, inter alia. Sample documents enable quick reference and demonstrate real-world application of new laws and guidelines. The discussion delves into planning strategies that can be applied to joint ventures and partnerships while maintaining tax-exempt status, and which joint ventures are best suited for a particular organization.

Widely accepted business strategies for profit-based entities, joint ventures, partnerships, and alliances are increasingly being used by nonprofits in need of additional financial support in challenging economic environments. This book provides invaluable guidance to appropriate planning and structuring while complying with tax-exemption guidelines.

  • Identify the most appropriate transactions for nonprofit organizations
  • Recognize potential problems stemming from debt restructuring and asset protection plans
  • Reference charitable organization, partnerships, and joint venture taxation guidelines
  • Understand which joint venture configurations are best suited to tax-exempt organizations

Joint ventures and partnerships are currently employed by a variety of not-for-profit organizations while maintaining their tax-exempt status. Hospitals, research laboratories, colleges and universities, charter and special-needs schools, low-income housing developments, and many others are reaping the benefits of joint venture participation—but without careful planning and accurate interpretation of current laws, these benefits can be erased by loss of tax-exempt status. Joint Ventures Involving Tax-Exempt Organizations provides practical, up-to-date guidance on realizing the full benefits and avoiding the hazards unique to nonprofit organizations. 

Table of Contents

  1. Cover
  2. Preface
    1. NOTES
  3. Acknowledgments
  4. CHAPTER 1: Introduction: Joint Ventures Involving Exempt Organizations
    1. § 1.4 UNIVERSITY JOINT VENTURES
    2. § 1.5 LOW-INCOME HOUSING AND NEW MARKETS TAX CREDIT JOINT VENTURES
    3. § 1.6 CONSERVATION JOINT VENTURES
    4. § 1.8 REV. RUL. 98-15 AND JOINT VENTURE STRUCTURE
    5. § 1.10 ANCILLARY JOINT VENTURES: REV. RUL. 2004-51
    6. § 1.14 THE EXEMPT ORGANIZATION AS A LENDER OR GROUND LESSOR
    7. § 1.15 PARTNERSHIP TAXATION
    8. § 1.17 USE OF A SUBSIDIARY AS A PARTICIPANT IN A JOINT VENTURE
    9. § 1.22 LIMITATION ON PRIVATE FOUNDATION'S ACTIVITIES THAT LIMIT EXCESS BUSINESS HOLDINGS
    10. § 1.24 OTHER DEVELOPMENTS
  5. CHAPTER 2: Taxation of Charitable Organizations
    1. § 2.1 INTRODUCTION (REVISED)
    2. § 2.2 CATEGORIES OF EXEMPT ORGANIZATIONS (REVISED)
    3. § 2.3 § 501(C)(3) ORGANIZATIONS: STATUTORY REQUIREMENTS (REVISED)
    4. § 2.4 CHARITABLE ORGANIZATIONS: GENERAL REQUIREMENTS
    5. § 2.6 APPLICATION FOR EXEMPTION
    6. § 2.7 GOVERNANCE
    7. § 2.8 FORM 990: REPORTING AND DISCLOSURE REQUIREMENTS (REVISED)
    8. § 2.10 THE IRS AUDIT
    9. § 2.11 CHARITABLE CONTRIBUTIONS (REVISED)
    10. NOTES
  6. CHAPTER 3: Taxation of Partnerships and Joint Ventures
    1. § 3.1 SCOPE OF CHAPTER
    2. § 3.3 CLASSIFICATION AS A PARTNERSHIP
    3. § 3.4 ALTERNATIVES TO PARTNERSHIPS
    4. § 3.7 FORMATION OF PARTNERSHIP
    5. § 3.8 TAX BASIS IN PARTNERSHIP INTEREST
    6. § 3.9 PARTNERSHIP OPERATIONS
    7. § 3.11 SALE OR OTHER DISPOSITION OF ASSETS OR INTERESTS
    8. § 3.12 OTHER TAX ISSUES (REVISED)
    9. NOTES
  7. CHAPTER 4: Overview: Joint Ventures Involving Exempt Organizations
    1. § 4.1 INTRODUCTION
    2. § 4.2 EXEMPT ORGANIZATION AS GENERAL PARTNER: A HISTORICAL PERSPECTIVE
    3. § 4.6 REVENUE RULING 2004-51 AND ANCILLARY JOINT VENTURES
    4. § 4.9 CONVERSIONS FROM EXEMPT TO FOR-PROFIT AND FROM FOR-PROFIT TO EXEMPT ENTITIES
    5. § 4.10 ANALYSIS OF A VIRTUAL JOINT VENTURE
  8. CHAPTER 5: Private Benefit, Private Inurement, and Excess Benefit Transactions
    1. § 5.1 WHAT ARE PRIVATE INUREMENT AND PRIVATE BENEFIT? (REVISED)
    2. § 5.2 TRANSACTIONS IN WHICH PRIVATE BENEFIT OR INUREMENT MAY OCCUR
    3. § 5.3 PROFIT-MAKING ACTIVITIES AS INDICIA OF NONEXEMPT PURPOSE
    4. § 5.4 INTERMEDIATE SANCTIONS (REVISED)
    5. § 5.7 STATE ACTIVITY WITH RESPECT TO INSIDER TRANSACTIONS
    6. NOTES
  9. CHAPTER 6: Engaging in a Joint Venture: The Choices
    1. § 6.1 INTRODUCTION
    2. § 6.2 LLCS (REVISED)
    3. § 6.3 USE OF A FOR-PROFIT SUBSIDIARY AS PARTICIPANT IN A JOINT VENTURE
    4. § 6.5 PRIVATE FOUNDATIONS AND PROGRAM-RELATED INVESTMENTS
    5. § 6.6 NONPROFITS AND BONDS (REVISED)
    6. § 6.7 EXPLORING ALTERNATIVE STRUCTURES
    7. § 6.8 OTHER APPROACHES
    8. NOTES
  10. CHAPTER 7: Exempt Organizations as Accommodating Parties in Tax Shelter Transactions
    1. § 7.2 PREVENTION OF ABUSIVE TAX SHELTERS
    2. § 7.3 EXCISE TAXES AND PENALTIES
    3. NOTES
  11. CHAPTER 8: The Unrelated Business Income Tax
    1. § 8.1 INTRODUCTION
    2. § 8.3 GENERAL RULE
    3. § 8.4 STATUTORY EXCEPTIONS TO UBIT (REVISED)
    4. § 8.5 MODIFICATIONS TO UBIT (REVISED)
    5. § 8.7 CALCULATION OF UBIT (REVISED)
    6. NOTES
  12. CHAPTER 9: Debt-Financed Income
    1. § 9.1 INTRODUCTION
    2. § 9.2 DEBT-FINANCED PROPERTY
    3. § 9.6 THE FINAL REGULATIONS
    4. NOTE
  13. CHAPTER 10: Limitation on Excess Business Holdings
    1. § 10.1 INTRODUCTION
    2. § 10.2 EXCESS BUSINESS HOLDINGS: GENERAL RULES (REVISED)
    3. § 10.3 TAX IMPOSED
    4. § 10.4 EXCLUSIONS
    5. NOTES
  14. CHAPTER 12: Healthcare Entities in Joint Ventures
    1. § 12.1 OVERVIEW
    2. § 12.2 CLASSIFICATIONS OF JOINT VENTURES
    3. § 12.3 TAX ANALYSIS
    4. § 12.4 OTHER HEALTHCARE INDUSTRY ISSUES
    5. § 12.5 PRESERVING THE 50/50 JOINT VENTURE
    6. § 12.9 GOVERNMENT SCRUTINY
    7. § 12.11 THE PATIENT PROTECTION AND AFFORDABLE CARE ACT OF 2010: § 501(R) AND OTHER STATUTORY CHANGES IMPACTING NONPROFIT HOSPITALS
    8. § 12.12 THE PATIENT PROTECTION AND AFFORDABLE CARE ACT OF 2010: ACOS AND CO-OPS: NEW JOINT VENTURE HEALTHCARE ENTITIES
    9. NOTES
  15. CHAPTER 13: Low-Income Housing, New Markets, Rehabilitation, and Other Tax Credit Programs
    1. § 13.2 NONPROFIT-SPONSORED LIHTC PROJECT (NEW)
    2. § 13.3 LOW-INCOME HOUSING TAX CREDIT (REVISED)
    3. § 13.4 HISTORIC INVESTMENT TAX CREDIT
    4. § 13.6 NEW MARKETS TAX CREDITS (REVISED)
    5. § 13.10 THE ENERGY TAX CREDITS
    6. § 13.11 THE OPPORTUNITY ZONE FUNDS: NEW SECTION 1400Z-1 AND SECTION 1400Z-2 (REVISED)
    7. APPENDIX 13B (NEW)
    8. NOTES
  16. CHAPTER 14: Joint Ventures with Universities
    1. § 14.1 INTRODUCTION
    2. § 14.3 COLLEGES AND UNIVERSITIES IRS COMPLIANCE INITIATIVE (NEW)
    3. § 14.5 FACULTY PARTICIPATION IN RESEARCH JOINT VENTURES
    4. § 14.6 NONRESEARCH JOINT VENTURE ARRANGEMENTS
    5. § 14.7 MODES OF PARTICIPATION BY UNIVERSITIES IN JOINT VENTURES (REVISED)
    6. NOTES
  17. CHAPTER 15: Business Leagues Engaged in Joint Ventures
    1. § 15.1 OVERVIEW
    2. § 15.2 THE FIVE-PRONG TEST
    3. § 15.3 UNRELATED BUSINESS INCOME TAX
    4. NOTES
  18. CHAPTER 16: Conservation Organizations in Joint Ventures
    1. § 16.1 OVERVIEW
    2. § 16.2 CONSERVATION AND ENVIRONMENTAL PROTECTION AS A CHARITABLE OR EDUCATIONAL PURPOSE: PUBLIC AND PRIVATE BENEFIT
    3. § 16.3 CONSERVATION GIFTS AND § 170(H) CONTRIBUTIONS (REVISED)
    4. § 16.7 EMERGING ISSUES
    5. NOTES
  19. CHAPTER 17: International Joint Ventures
    1. § 17.5 GENERAL GRANTMAKING RULES
    2. § 17.11 APPLICATION OF FOREIGN TAX TREATIES
    3. NOTES
  20. CHAPTER 19: Debt Restructuring and Asset Protection Issues
    1. § 19.1 INTRODUCTION
    2. § 19.2 OVERVIEW OF BANKRUPTCY
    3. § 19.3 THE ESTATE AND THE AUTOMATIC STAY
    4. § 19.4 CASE ADMINISTRATION
    5. § 19.5 CHAPTER PLAN
    6. § 19.6 DISCHARGE
    7. NOTE
  21. Index
  22. End User License Agreement
3.12.162.179