Note: References are to book section numbers (§), complete chapters (Ch.), and/or exhibits (Exh.). A zero section reference (e.g. §1.0) indicates unnumbered introductory material at the beginning of a chapter.
A
Abraham Lincoln Opportunity Foundation, §5.1
Accountability
expenditure responsibility grants, §17.6
grant documentation for, §17.4(a), Exh. 17.2, 4, 5
Accounting
Checklist for Tax and Accounting Issues for Grants, Exh. 19.12
different methods used for, §13.4(d)
reporting fiscal or accounting year changes, §18.3(b)
Accounting methods
accrual, §18.3(c)
cash method, §13.4(d)
changing tax year or, §13.4(d)
reporting a change in, §18.3(c)
Acquisition indebtedness
used to calculate minimum investment return, §15.1(f)
used to calculate taxable income, §§13.1(h), 21.12(c)
Action organizations
description of, §2.2(g)
qualified charitable organizations cannot be, §4.0
Active business relationships
criteria for approval, §22.4(a)
description, §22.4
factors to evaluate reasonableness, §22.4(b)
net profit agreements, §22.4(c)
Actual use method (social club field), §9.5(e)
Administrative expenses distribution, §15.4(f)
Advances on compensation, §14.4(d)
Advertisements
exempt-status loss due to political, §23.1(b)
income from, §§21.8(d), 21.15(a), Exh. 21.5
to influence legislation, §§23.4(e)
Advertising revenue
calculating the taxable portion of, Exh. 21.5
publishing organizations, §21.15(a)
unrelated business, §21.8(d)
Advised funds of community funds, §11.3(a)
Advocacy
Big Mama Rag, Inc. (1980) decision on, §5.1
methodology test for impermissible, §5.1
nonprofit advocacy and nonpartisan analysis, §23.7
See also Lobbying
Affiliates
of (c)(3) and (c)(4) organizations, §6.1(d)
Form 990 to be filed by, §18.2(f)
form of relationship between organizations, §22.1(a)
how bankruptcy affects the, §26.2(c)
how category of public charity impacts relationship, §22.1(b)
services provided to an, §21.8(b)
of state or political subdivision, §10.3(g)
See also Relationships
Affordable Care Act
economic substance doctrine adopted as part of, §2.2(i)
health-care system changes brought by, §4.6
requirements for nonprofit hospitals in the, §4.6(j)
“Affordable Care Act: While Much Has Been Accomplished, the Exempt of Additional Controls Needed to Implement Tax Exempt Hospital Provisions Is Uncertain,” §6.4(j)
Agency endowments (community funds), §11.3(a)
Agency theory, §21.8(h)
Aggregation of debt-financed income, §21.11
Agricultural groups
IRC description of, Exh. 1.1
IRS Exempt Organizations Handbook information on, §7.2(a)
qualifying under §§501(c)(5), §7.2
services to members, §7.2(b)
special exception, §7.2(c)
types of crops, §7.2(a)
when to consider changing to §501(c)(3), §7.2
Air travel reimbursement, Exh. 14.2
Alliance for Justice, §6.1(d)
Alliances with investors
description and purpose of, §22.2
exempt organization as general partner, §22.2(a)
ongoing evolution of standards, §22.2(b)
trouble-free joint ventures, §22.2(c)
unrelated business income aspect of, §22.2(d)
Allocating expenses test, §21.11
Allocation of expenses, §21.11
Alternative investments
prudent vs. jeopardizing, §16.2(b)
valuation of, §15.2(d)
Alternative minimum tax, §21.11
Amateur sports competition, §§5.5, 6.2, Exh. 1.1
Amazon.com , §21.8(j)
Amended Form 990 returns, §18.3(d)
American Academy of Family Physician, §8.4(b)
American Association of Retired Persons (AARP), §22.3(a)
American Atheists, §3.2(a)
American Automobile Association (AAA), §8.2
American Bar Association, §8.2
American Bar Association Exempt Organization Committee, §§20.7, 23.4
American Birth Control League, §5.1(k)
American Campaign Academy case, §2.1(e)
American College of Physicians case, §21.8(d)
American Institute of Certified Public Accountants (AICPA)
allow reliance on legal counsel and CPAs, §16.4(b)
formed around “common business interests,” §8.2
suggestions for allocation expenses, §21.11
suggestions regarding allocation of “indirect expenses, §21.11
American Institute of Steel Construction, §140
American Kennel Club, §8.2
The American Law Institute (ALI) Restatement of the Law, Trusts: Prudent Investor Rule (1972), §16.2(a)
American Medical Association, §8.2
American Postal Workers Union (APWU) case, §7.1(e)
American Red Cross, §11.2
American Stock Exchange, §15.2(d)
Amounts generally billed (AGB) to patients, §4.6(j)
Animal protection organizations, §5.1(c), Exh. 1.1
Annual Form 990. See IRS Form 990
Annual Tax Compliance Checklist for §501(c)(3)Public Charity, Exh. 19.1
Annual Tax Compliance Checklist for §527 Political Organizations, Exh. 19.7
Annual Tax Compliance Checklist for Private Foundations (PFs), Exh. 19.5
Annual Tax Compliance Checklist for Private Foundation––Short Form, Exh. 19.6
Annual Tax Compliance Checklist––Unrelated Business Income, Exh. 19.8
Antiabortion league, §6.2
Antiwar protest group, §6.2
Apostolic organizations, §3.4 Exh. 1.1
Appreciation of assets, §13.2(a)
Arkansas State Police Association (ASPA), §21.8(h)
The Arkansas Trooper (magazine), §21.8(h)
Ark Environmental Foundation U.S., Inc., §2.2(e)
Armed forces members, Exh. 1.1
Art
art object sales in museums, §5.1(i)
museum original works of, §21.13(b)
Assets
appreciation of, §13.2(a)
donated, §§13.2(a), 16.2(c)
excess business holdings of private foundations, §16.1
exempt function, §13.2
exempt organization termination and disposal of, §26.3
measuring fair market value, §15.2
partial liquidation or major disposition of, §26(b)
PF expenditure documentation policy, Exh. 14.3
and SO stock/non-liquid investments that do not produce income, §11.6
transactions that benefit disqualified persons, §14.5
transfer from private foundation to public charities, §12.4(c)
used to calculate minimum investment return, §15.1
See also Property ; Real estate
Asset test of POFs, §15.5(d)
Association of Small Foundations, §13.0
Athletic events
broadcasting, §21.7(c)
donor tickets purchase rights, §24.2(b)
school entertainment and, §21.7(c)
Auctions (charity), §24.2(c)
Audits. See IRS examination
Automobile expenditure policy of PFs, Exh. 14.3
Awards, scholarships, fellowships, §§2.2(a), 17.3(b)–(f), 24.1(a), 25.1(e)
B
Bankruptcy
of exempt organizations (EOs), §26.2
filing requirements, §26.2(c)
how tax status is affected by a, §26.2(a)
revocation of exempt status after, §26.2(b)
Bankruptcy Code, §26.2
Banks fees as self-dealing, §14.4(e)
Benevolent life insurance associations, Exh. 1.1
Better Business Bureau
monitoring levels of fundraising costs, §24.5
tax case of, §§3.1(b), 4.2(b)
Big Mama Rag, Inc. case (1980), §5.1
Bingo games, §§21.8(j), 21.9(d), 24.4, 25.3(f)
Bitcoin valuation, §15.2(e)
Black lung benefit trusts, Exh. 1.1
Blockage discounts valuation method, §15.2(d)
“Blocker corporations,” §13.1(h)
Blood banks, §4.6(a)
Boards of trade
comparison to §501(c)(5) organizations, §8.9
disclosures for lobbying and nondeductibility, §8.12
distinguishable from business league, §8.8
formation of related charitable organizations, §8.11
recognition of exempt status, §8.10
Boat donations, §24.1(b)
Bob Joes University Museum, §§5.1(b), 5.1(h)
Bob Jones University v. United States, §§3.0, 5.1(h)
Bork, Robert, §23.4(a)
Branch Ministries case, §23.1(b)
Bridge clubs, §6.2
Broadcasting athletic events, §21.7(c)
Burdens of government, §4.3
Business activities
operational test on, §2.2(e)
restrictions on title-holding corporations (THCs), §10.4(a)
subject to UBIT, §4.5
See also Unrelated business activities
Business “donations,” §24.1(c)
Business enterprises
corporate holdings of, §16.1(b)
definition of, §16.1(a)
functionally related, §16.1(a)
passive holding company, §16.1(a)
See also Corporations
Business league member services
avoiding the exploitation rule, §8.4(c)
description of, §8.4
disqualifying services to individual members, §8.4(b)
services benefiting the industry, §8.4(a)
Business leagues
basic characteristics of, §8.1
dealer associations, §8.3(b)
disclosures for lobbying and nondeductibility, §8.12
federal recognition of exempt status, §8.10(a)
formation of related charitable organization, §8.11
hobby or recreational groups, §8.3(c)
IRC description of, Exh. 1.1
line of business, §8.3
meaning of “common business interest,” §8.2
member inurement, §8.7
membership categories, §8.6
rendering services for members, §8.4
sources of revenue, §8.5
state exemptions, §8.10(a)
Bus line, §6.2
Bylaws of corporations, §1.7(a)
C
(c)(3) organizations. See Exempt organizations (EOs)
California's Nonprofit Integrity Act (2005), §24.5
Call to action, §17.1
Campaign contributions. See Political expenditures
Candidates
qualifying campaign group in favor or opposition to, §23.3(a)
voter education versus promotion of, §23.2
See also Electioneering
Capital and nondeductiables, §21.11
Capital gains
exempt function assets, §13.2
formula for calculating sale of property, §21.12(d)
nontaxed, §13.2(c)
Pension Protection Act of 2006 on taxing, §13.2
questionable types of gain, §13.2(b)
short-term, §21.10(b)
tax basis for calculating, §13.2(a)
30 percent limit for property subject to, §24.1(b)
as unrelated business income modification, §21.10(b)
Capital losses
formula for calculating sale of property, §21.12(d)
ordinary losses rather than, §13.3(a)
Ponzi scheme losses, §13.3
tax basis for, §13.5(a)
Caracci case, §§20.5, 20.10(d)
Car donations, §24.1(b)
Carryover basis
donation, §24.1(b)
of mergers, §26.1(a)
Cash method of accounting, §13.4(d)
Cemetery companies, Exh. 1.1
Certain amateur sports, §§5.5, 6.2, Exh. 1.1
Chambers of commerce
description and activities of, §8.8, Exh. 1.1
junior, §6.2
recognition of exempt status, §8.10
Change of accounting period, §18.3(b)
Charitable annuity, §24.1(d)
Charitable class (operational test), §2.2(a)
Charitable contributions
contribution defined in §170(a), §24.1(a)
IRC §170 definition of, §24.1
IRS Publication 561 Determining the Value of Donated Property on, §§14.3(a), 24.1(a)
See also Donations
Charitable hospital joint ventures, §4.6(c)
Charitable lead trust, §24.1(d)
Charitable organization purposes
advancement of education and science, §4.5
advancement of religion, §4.4
description of, §4.0
lessening the burdens of government, §4.3
promotion of health, §4.6
promotion of social welfare, §4.2
relief of the poor, §4.1
Charitable organizations
alliances with investors, §22.2
creation of (c)(3) by (c)(4), (5), or (6), §22.1
description and purposes of, §4.0, Exh. 1.1
disqualified if an action organization, §4.0
distinguishing between public and private, §2.0
donation collection system of, §22.1(c)
dormancy of, §2.2(a)
form of relationship between different, §22.1(a)
grants to and from (c)(3), §22.1(d)
international activities of, §2.2(i)
IRC definition of, §5.1, Exh. 1.1
IRS Publication 3833 Disaster Relief: Providing Assistance Through Charitable Organizations , §2.2(a)
limitation on political activities by, §§5.1, 6.2(a), Ch.23
scientific research conducted by, §5.4
substantial-part test of nonelecting, §§23.4(a), 23.5(a)
triumvirate of, §22.2(e)
See also Exempt organizations (E0s) ; Non–§501(c)(3) organizations
Charitable pledges made by DPs, §14.5(d)
Charitable remainder annuity trust (CRAT), §24.1(d)
Charitable remainder trust, §24.1(d)
Charitable remainder unitrust (CRUT), §24.1(d)
Charitable risk pools, Exh. 1.1
Charitable set-asides (social clubs), §9.5(g)
Charitable trusts, under §4947(a)(1), §1.7(b)
Charities Aid Foundation of America (CAF America), §17.5(c)
Charities. See Public charities
Charity, Advocacy, and the Law, §23.4(b)
Charity auctions, §24.2(c)
Charity care, §§4.6(a), 4.6(d)
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations, Exh. 19.11
Checklist for Tax and Accounting Issues for Grants, Exh. 19.12
Checklist for Website Exemption Issues, Exh. 19.10
Child-care organizations, §5.1(c), Exh. 1.1
Children
child-care organizations, §5.1(c), Exh. 1.1
Prevention of cruelty to children or animal organizations, §5.6, Exh. 1.1
Christian Coalition, §§6.1(c), 23.1(b)
Church at Pierce Creek case, §23.1(b)
Churches
Church of Satan, §§3.0, 3.1(b)
Church of Scientology, §3.2(d)
Colleges and Universities Compliance Project Final Report report (2013) on examination of, §18.4(e)
conventions and auxiliaries, §3.2(c)
definition and 14 attributes of a, §3.2(b)
description, function, and activities of, §3.2
donor's intangible religious benefits from donations to, §§24.2(c), 24.3(b)
IRS EO CPE Text on, §3.2(b)
IRS examination protection, §3.2(d)
IRS Publication 1828 Tax Guide for Churches and Religious Organizations , §§3.2, 23.1(c)
IRS Tax Guide for Churches and Religious Organizations, §25.2(b)
IRS Technical Advice Memo distinguishing between religious organization and, §3.2(b)
no need to file for exemption, §18.1(c)
public charity status issues, §§3.2(a), 17.4(b)
The Satanic Temple, §§3.0, 3.1(b)
self-dealing and PF payment of membership fees, §14.5(c)
special aspects of a, §3.2(a)
See also Ministers ; Religious organizations
Circulation income, §21.15(c)
Civic organizations
§501(c)(4) exclusively for promoting social welfare, §6.0
comparison of 501(c)(3) and 501(c)(4), §6.1
disclosures of nondeductibility, §6.5
limitation on involvement with political candidates, §6.2(a)
neighborhood associations, §6.4
qualifying and nonqualifying, §6.2
revenue for a civic league requirements, §6.4
See also Homeowner's associations
Civil leagues, IRC description of, Exh. 1.1
Classification of the organization changes, §18.5
Clergy. See Ministers
The Cleveland Foundation, §11.3
Clinics
medical, §4.6(a)
physician, §4.6(d)
Collectibles valuation, §15.2(e)
College and university compliance check (IRS), §5.1(a)
Colleges and universities
educational purpose of, §5.1(a)
IRS college and university compliance check sent to, §5.1(a)
“noneducational” activities of, §5.1(a)
“Qualified State Tuition Programs”, §5.1(a)
race discrimination prohibition, §5.1(b)
research income of, §21.10(f)
scholarship and fellowship grants, §§2.2(a), 17.3(b)–(f), 24.1(a), 25.1(e)
student housing, §5.1(a)
tax on private, §13.8
travel tours by, §21.14
Colleges and Universities Compliance Project Final Report report (2013), §18.4(e)
College-sponsored events, §21.7(c)
Colorado State Chiropractic Society decision, §2.1(a)
Columbia Park and Recreation Association (CPRA), §6.1(e)
Commensurate test, §2.2(d)
Commercial hospital joint ventures, §4.6(c)
Commerciality test, §21.4(b)
Commerciality Test Checklist, Exh. 21.1
Commercial publication programs, §21.15(d)
Commercial-quality publications (CQPs), §24.3(a)
Commingling by §501(c)(7) exempt organizations, §2.2(j)
Commissions compensation, §14.4(c)
Commodity trading programs, §16.2(b)
“Common business interests,” §8.2
Common trust funds, §15.2(e)
Communication
grassroots lobbying, §17.1
lobbying form of mass media, §23.4(e)
of a political nature sent directly to members, §23.4(e)
using electronic tools for educational purposes, §5.1(l)
Community
§501(c)(4) organizations must serve a, §6.4
IRS definition of, §6.4
Community benefit standards, §4.6(a)
Community Board and Conflicts of Interest Policy (IRS), §4.6(b)
Community foundation grants, §15.4(c)
Community foundations (CFs)
component-part test of, §11.3(b)
description and examples of, §11.3
donor designations versus donor directions, §11.3(c)
grants by, §15.4(c)
impact of Pension Protection Act of 2006 (PPA) on, §11.3(e)
Kansas City Royals baseball team owned by, §§2.2, 4.3
public support test of, §11.3(d)
single-entity test for, §11.3(a)
Community health needs assessment (CHNA), §6.4(j)
Company scholarship plans
description and criteria of, §17.3(e)
seeking IRS approval of, §17.3(f), Exh. 17.1
Compensation
advances on, §14.4(d)
Colleges and Universities Compliance Project Final Report report (2013) on, §18.4(e)
commissions, §14.4(c)
Compensation of Disqualified Person Checklist, Exh. 14.1
compensatory payments, §17.3(b)
determination process and information on, §18.2(b), Exh. 18.1A
expense reimbursement policy for private foundations, Exh. 14.2
Form 990 Part VII and Schedule J on, §18.2(b), Exh. 18.1A
housing and meals, §20.4
Kermit Fischer case on reasonable, §14.4(a)
lending money to or borrowing from an insider form of, §20.6
reasonable salaries and other, §20.2
revenue-sharing arrangements, §20.10(e)
sample contractor engagement letter on, Exh. 25.3
self-dealing, §14.4
setting salary, §20.3
SOs and unreasonable compensation or, §11.6
to SOs from private foundations, §11.6(c)
subject to intermediate sanctions imposed on SOs, §11.6(g)
undoing the seal-dealing transaction, §14.10(a)
Compensation/salary setting
avoiding conflict of interest, §20.3(b)
finding salary statistics, §20.3(a)
incentive compensation, §20.3(c)
Compensatory payments, §17.3(b)
Component-part test, §11.3(b)
Conduit foundations, description of, §12.2(a)
Conference registration fees, Exh. 14.2
Congressional Joint Committee of Taxation's ( JCT), §13.2
Conscientious objectors, §25.2(c)
Constructive ownership
excess business holdings and, §16.1(d)
material restrictions, §16.1(d)
power of appointment, §16.1(d)
Control
control test [IRC §509(a)(3)(B)], §11.6
control test within meaning of §512(b)(13), §21.11
PF's thirty-five percent ownership with third-party, §16.1(b)
Controlled foreign corporations (CFCs), §§13.1(h), 18.2(g)
Control test [IRC §509(a)(3)(B)], §11.6
Conventions
reimbursement of expenses, Exh. 14.2
as unrelated business activity exception, §21.9(e)
Cooperative educational service organizations, §5.1(d)
Cooperative hospital service organizations, §4.7, Exh. 1.1
Cooperative organizations to finance crop operations, Exh. 1.1
Cooperative service organizations
of operating educational organizations, Exh. 1.1
unrelated business income (UBI) for, §21.8(b)
Co-op health insurance issuers, Exh. 1.1
Co-owned property
IRS Priority Guidance Plan 2018–2019 on, §14.2(d)
partnerships as alternative to, §14.2(e)
self-dealing related to, §14.2(d)
Copyright ownership, §5.3(a)
Corporate subsidiaries
creation of a for-profit, §22.3
payments to, §21.10(e)
Corporation for Open Systems International, §8.3(a)
Corporations
“blocker”, §13.1(h)
comparison of Form 990–T reporting for trust vs., Exh. 21.6
controlled foreign corporations (CFCs), §§13.1(h), 18.2(g)
creating a, §1.7(a)
donations by, §24.1(c)
economic development corporations (EDCs), §4.2(c)
IRC description of, Exh. 1.1
PF's limited to two percent of voting stock in, §16.1(b)
PF's thirty-five percent ownership with third-party control, §16.1(b)
unrelated income modification of S corps, §21.10(g)
See also Business enterprises
Cotton Bowl Association case, §21.8(e)
Council of Foundations' 1986 Foundation Management Report, §14.4(a)
Council on Foundations, §13.0
Credit counseling organizations (CCOs), §4.2(b)
Credit repair agencies, §4.1
Crowdfunding, §24.0
Cryptocurrencies valuation, §15.2(e)
D
Day care centers, §5.1(c)
Dealer associations, §8.3(b)
Debt
acquisition indebtedness, §§13.1(h), 15.1(f), 21.12(c)
aggregation of debt-financed income, §21.11
donations of indebted property, §§14.3(a), 24.1(a)
PF expenditure documentation policy on debt payments, Exh. 14.3
See also Loans
Debt-financed property
acquisition indebtedness, §§13.1(h), 15.1(f), 21.12(c)
calculation of taxable portion, §21.12(d)
definition of, §21.12
other types of debts, §21.12(b)
properties not subject to debt-financed rules, §21.12(a)
Deductibility
business “donations”, §24.1(c)
capital gain property, §24.1(b)
carryover, §24.1(b)
cars and boats, §24.1(b)
fair market value (FMV), §24.1(b)
foreign organizations and issue of, §24.1(b)
limitations on, §24.1(b)
overview of, §24.1
patents and other intellectual property, §24.1(b)
planned gifts, §24.1(d)
qualified appraisal report, §24.1(b)
qualified appreciated stock, §§13.5(c), 24.1(b)
special 30 percent limit, §24.1(b)
special private foundation limitations, §24.1(b)
tangible personal property, §24.1(b)
30 percent limit for gifts to other organizations, §24.1(b)
Deductions
limitations on, §24.1(b)
private foundation gross investment income, §13.4
theft losses, §13.4(c)
types of deductions allowed, §13.4(a)
types of deductions not allowed, §13.4(b)
Deferred foreign earnings, §13.2(b)
De La Salle Institute case, §3.2(b)
De minimis amounts, §6.5(d)
De minimis rule on donor benefits, §24.3(a)
De minimis test, §21.11
Depreciation, §21.11
Designated funds of community funds, §11.3(a)
Determination Letter
Form 8940 Request for Miscellaneous Determination, §12.4(d)
identifying organization as a supporting organization, Exh. 17.3
issued to Form 1023-EZ filers, §17.4(c)
PF may rely on grantee's, §17.4(c)
reliance on the, §18.1(f)
Determination process
annual filing of Forms 990, §1.2
Blazek & Vetterling CPA compensation information, Exh. 18.1B
exemption for state purposes, §18.1(g)
Exempt Organizations Continuing Professional Education Technical Instruction Program (1979–2004), §18.0
group exemptions, §18.1(d)
IRS forms to be filed to begin, §§1.2, 4, 2.0, 8.10, 12.2, 18.1
IRS Publication 557 Tax-Exempt Status for Your Organization , §§2.1(a), 7.1(a), 10.3(f), 18.1(a)
organizations that need not file, §18.1(c)
public charity status, §18.1(e)
successful application for exemption, §18.1(a)
timely filing is critical to, §18.1(b)
“top-ten tips” to shorten, §18.1(a)
Where Is My Exemption Application? on IRS website, §18.1(a)
Direct charitable expenditures, §15.4(f)
Direct grants, §15.4(a)
Direct lobbying, §17.1
Directors or trustees, §1.3
Disaster relief
deductibility issue of grants received for, §24.1(a)
grants are not taxable, §25.1(e)
grants-in-aid to individuals programs, §17.3(c)
IRS Publication 3833 Disaster Relief: Providing Assistance Through Charitable Organizations , §§2.2(a), 17.3(c)
needy and distressed test, §17.3(c)
Disclosure rules for donors, §24.2(c), Exh. 24.1
Disclosures of nondeductibility [§501(c)(5) organizations], §7.4
Disclosures of nondeductivility [§501(c)(4) organizations]
cost of lobbying, §6.5(g)
dues not deductible as a business expense, §6.5(b)
excepted organizations, §6.5(f)
influencing legislation, §6.5(b)
look-back rule, §6.5(h)
nondeductible membership due, §6.5(d)
notice of noncharity status, §6.5(a)
proxy tax, §6.5(e)
Disclosures of nondeductivility [§501(c)(6) organizations], §8.12
Discrimination prohibition
colleges and universities, §5.1(b)
educational organizations, §5.1(b)
social clubs, §9.3
Disqualified persons (DPs)
Compensation of Disqualified Person Checklist, Exh. 14.1
description of, §§12.1, 12.2(c)
double jeopardy in case of, §16.4(d)
an estate becomes a, §14.9
group insurance payments shared by PFs, SOs, and, §14.7(a)
Groups A–E of, §20.10(a)
incidental or tenuous benefit to, §14.5(e)
indemnification of, §14.5(a)
indirect acts of self-dealing, §14.8
intermediate sanctions imposed on, §20.10(a)
IRC §4958 narrows the definition of, §20.10
paying the §4958 excise tax imposed on, §20.10(h)
prohibition of PF paying excise taxes imposed on, §14.5(b)
property co-owned by foundation and, §14.2(d)
rebuttable presumption of reasonableness excuse from sanctions, §20.10(f)
self-dealing prohibited between PF and, Ch.14
transactions that benefit, §14.5
undoing uses of property by a, §14.10(a)
who are also managers, §20.10(b)
See also Private foundations (PFs)
Disregarded benefits to donors, §§24.2(b), 24.3(b)
Disregarded economic benefits, §14.5(e)
Dissolution clause (organizational test), §2.1(b)
Distributable amount (DA)
controversial addition, §15.3(a)
description and formula for, §15.3
distribution deadline, §15.3(b)
private foundations (PFs), §15.6
Distributions
abatement of penalty for PF failure to make required, §15.6(e)
Annual Tax Compliance Checklist for Private Foundations (PFs) on, Exh. 19.5
bankruptcies and terminating, §26.2(c)
distributable amount, §15.3
minimum distribution requirements IRC §4942, Ch.15
minimum required for private foundations (PFs), §§2.2(b), 15.6
minimum required for supporting organizations (SOs), §11.6(c)
qualifying, §15.4
Request for Abatement Regarding Underdistribution, Exh. 15.2
to supporting organizations, §17.4(a)
taxable income from estate or trust, §13.1(f)
timing plan to reduce excise tax, Exh. 13.1
Dividends
deductions, §21.11
taxable, §13.1(c)
as unrelated business income modification, §21.10(a)
DNet.org, §2.2(j)
Documentation
Expenditure Responsibility Control Checklist, Exh. 17.6
expenditure responsibility grants, §17.6
Grant Agreement, Exh. 17.5
Grant Approval Checklist for different organization types, Exh. 17.2
grantee reports, §17.6(c), Exh. 17.11
Grant Payment Transmittal Letter, Exh. 17.4
of meals and housing compensation, §20.4, Exh. 14.2
Pre-Grant Inquiry Checklist, Exh. 17.7
proof of public status of grant recipients, §17.4(a)
See also IRS Forms
Dole, Bob, §23.1(b)
Domestic fraternal societies and associations, Exh. 1.1
Donated assets
prudent vs. jeopardizing investments in, §16.2(c)
tax basis for capital gains, §13.2(a)
Donation collection agents, §24.2(b)
Donation collection system, §22.1(c)
Donations
auctions and raffles, §§24.2(c), 25.3(f), Exh. 24.2
carryover, §24.1(b)
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations on, Exh. 19.11
differences between §509(a)(1) and §509(a)(2) organizations, §11.5(b)
donative intent and donor benefits, §24.2(c)
donor-advised funds (DAFs), §§11.3(e), 16.1, Exh. 11.4
donor advisor or related person pledges, §11.3(e)
donor-designated grants, §11.5(d)
donor designations versus donor directions, §11.3(c)
donor disclosure receipts of, §24.2(a), Exh. 24.1
facts-and-circumstances test, §11.2(f)
good-faith estimate of value of, §24.2(b)
of indebted property, §§14.3(a), 24.1(a)
IRS Publication 561 Determining the Value of Donated Property , §§14.3(a), 24.1(a)
PF cannot pay for charitable pledges made by DP, §14.5(d)
proposed regulations changing public support computation for organizations, §11.3(e)
qualified appreciated stock, §13.5(c)
quid pro quo contributions, §24.2(c)
redistributing donated noncash property, §13.5(c)
substantiation rules for, §24.2(b)
unusual grants, §11.2(g)
See also Charitable contributions ; Fund-raising ; Gifts
Donative intent, §24.2(c)
Donative public charities
description of, §§11.2, 11.2(f)
Form 990 or 990–EZ Schedule A filed by, Exh. 11.3
grants from other charities, §11.2f
two percent gifts, §11.2f
Donor-advised funds (DAFs)
comparing private foundations and, Exh. 11.4
Pension Protection Act of 2006 (PPA) impact on, §11.3(e)
subject to excess business holdings rules, §16.1
“taxable distribution” occurs when paid to natural person, §20.10(d)
Donor benefits/privileges
de minimis rule on, §24.3(a)
donative intent and, §24.2(c)
fair market value of, §24.3
intangible religious, §§24.2(c), 24.3(b)
member privileges, §24.3(b)
rights to buy college athletic tickets, §24.2(b)
suggested guidelines for valuing gifts and, Exh. 24.3
that do not need to be valued and can be disregarded, §§24.2(b), 24.3(b)
Donor-designated grants
differences between IRC §509(a)(1) and §509(a)(2), §§11.5(d)
donor directions versus, §11.3(c)
Donor disclosures
examples of receipts, Exh. 24.1
imposition of penalty for failure to file §6714(a), §24.2(c)
quid pro quo rules, §24.2(c)
voluntary, §24.2(c)
Donors
charity auctions and raffle tickets purchased by, §24.2(c), Exh. 24.2
contributions paid through payroll deductions, §24.2(b)
history of disclosure rules, §24.2(a)
IRS Publication 1771 revision on acknowledging, §24.2(b)
sample donor disclosure receipts, Exh. 24.1
substantiation and quid pro quo rules, §24.2
substantiation rules for, §24.2(b)
See also Fund-raising
Dormancy of charitable organizations, §2.2(a)
Doubling up, §13.2
Drug testing, §21.8(b)
Dual-status organizations, §10.3(a)
Dual-use property, §15.1(d)
E
East Alabama Healthcare Authority, §10.3(a)
Economic development corporations (EDCs), §4.2(c)
Economic substance
Affordable Care Act inclusion of, §2.2(i)
operational test on tax law doctrine of, §2.2(i)
Educational organizations
advocacy by, §5.1
cooperative educational service organizations, §5.1(d)
creation of a triumvirate, §22.2(e)
day care centers, §5.1(c)
educational purposes of, §5.1
fraternity/sorority educational foundations, §5.1(f)
IRS definition of, §5.1, Exh. 1.1
libraries, §5.1(h)
literary purposes of, §5.2
performing arts, §5.1(g)
race discrimination prohibition, §5.1(b)
schools, §5.1(a)
scientific purposes of, §5.3
zoos, §5.1(h)
See also Museums
Educational purposes
controversial materials, §5.1(k)
definition and overview of, §5.1
electronic communication tools, §5.1(l)
employer-provided educational assistance under IRC §127(a), §25.0
informal education, §5.1(e)
performing arts, §5.1(g)
publishing: print and electronic, §5.1(j)
Electioneering
actions of organizational officials, §23.1(c)
attribution between categories of exempt organizations, §23.1(d)
description and limitations on, §23.1
Forms 8871 and 8872 to disclose campaign contributions for, §23.3(d)
impact on exempt status by, §23.1(b)
impermissible voter activity, §23.2(c)
IRS Fact Sheet 2006–17 Prohibited Political Campaign Activities of EOs on, §23.3(e)
lobbying for an electing organization, §23.4
parameters within IRC §501(h), §23.4(b)
permissible campaign involvement, §23.1(a)
permissible PAC involvement, Exh. 23.1
prohibition on, §§5.1, 6.2(a)
See also Candidates
Electronic communication tools, educational purpose of, §5.1(l)
Electronic publishing projects, §5.1(j)
Eleemosynary, §2.1(d)
Elizabeth Leckie Scholarship Fund, §15.5(c)
Emergency hardship organizations
grants-in-aid to individuals programs, §17.3(c)
IRS Publication 3833 Disaster Relief: Providing Assistance Through Charitable Organizations , §§2.2(a), 17.3(c)
needy and distressed test, §17.3(c)
Employee benefits
company scholarship plans, §17.3(e)–(f), Exh. 17.1
fellowship, scholarships, and awards, §25.1(e)
sample contractor engagement letter, Exh. 25.3
what is typically included in, §25.1(c)
Employee funded pension trusts (created before 1959), Exh. 1.1
Employees
distinction between independent contractors and, §25.1
employee benefits, §25.1(c)
Employee versus Independent Contractor IRS Checklist, Exh. 25.2
flowchart of employees versus independent contractors, Exh. 25.1
legal description of, §25.1(a)
Employer Tax Requirements Checklist, Exh. 25.4
Employment taxes
employee benefits, §25.1(c)
employees defined, §25.1(a)
Employee versus Independent Contractor IRS Checklist, Exh. 25.2
fellowships, scholarships, and awards, §25.1(e)
flowchart of employees versus independent contractors, Exh. 25.1
history of exempt organizations and, §25.0
independent contractors defined, §25.1(b)
IRS Publication 515Withholding of Tax of Nonresident Aliens and Foreign Corporations , §25.1(e)
ministers, §25.2
payroll depository requirements, §25.3(e)
penalty for failure to file information return on, §25.3(a)
reporting requirements, §25.3
tax withholding requirements, §§25.1(e), 25.2(b), 25.3(b)(c), Exh. 25.4
volunteer fringe benefits, §25.1(d)
Endowment grants, §17.6(c)
Endowment test of POFs, §15.5(d)
Entertainment activities, §21.9(e)
EO Determinations office (Cincinnati, Ohio), §12.4
Equipment. See Office equipment
ERISA trusts, Exh. 1.1
Estates
estate administration exception to self-dealing, §14.9
taxable income from distributions of, §13.1(f)
that becomes a disqualified person, §14.9
Excess benefit transactions
correction of, §20.10(g)
description of, §20.10(d)
exempt status endangered by, §20.10(h)
paying the §4958 excise tax due to, §20.10(h)
proving reasonableness when determining, §20.10(e)
Excess business holdings
Annual Tax Compliance Checklist for Private Foundations (PFs) on, Exh. 19.5
business readjustments, §16.1(f)
constructive ownership and, §16.1(d)
corporate holdings, §16.1(b)
definition of business enterprise, §16.1(a)
disposition periods allowed for, §16.1(e)
donor-advised funds subject to, §16.1
IRC §4943 on, §16.1
nonfunctionally integrated SOs subject to, §16.1
partnerships, trusts, and proprietorships, §16.1(c)
taxes on, §16.1(g)
Exchange transactions, §11.5(c)
Excise taxes
Annual Tax Compliance Checklist for Private Foundations (PFs) on, Exh. 19.5
based on investment income, Ch.13
capital gains, §13.2
deductions from gross investment income, §13.4
distribution timing plan to reduce, Exh. 13.1
exempt operating foundations, §13.9
foreign foundations, §13.6
Form 4720 Return of Certain Excise Taxes, §12.2(b)
formula for taxable income, §13.1
imposed upon self-dealing cannot be abated, §14.10
on nonelecting 501(c)(3) organizations, §23.5
paying the §4958 imposed, §20.10(h)
phantom income and, §131.3(b)
Ponzi scheme losses, §13.3
private colleges and universities, §13.8
private foundation (PF), §§11.1, 12.2(b), Ch.13 , 15.6(d), Exh. 12.1
prohibition of PF paying excise taxes imposed on DP, §14.5(b)
tax-planning ideas, §13.5
timely payment of, §13.7
of 20 percent of any taxable expenditure, §17.8
U.S.–Canadian tax treaty and, §13.6
when an organization loses tax-exempt status, §18.5
See also Taxes
Exclusive purpose clause (IRC §501(c)(2), §10.4(a)
Exempt function assets
conversion of asset into, §15.4(f)
description of, §13.2
treated as charitable disbursement, §15.4(f)
Exempt operating foundations
no excise tax due from, §13.9
Exempt Organization (American Bar Association), §§20.7, 23.4
Exempt Organizations Continuing Education Texts (IRS), §6.2(a)
Exempt organizations (E0s)
Annual Tax Compliance for Tax-Exempt Organizations—Short Form, Exh. 19.3
bankruptcy, §26.2
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations, Exh. 19.11
choosing best form of organization, §1.7
commonalities among all, §1.0
conversion to a for-profit, §26.2(d)
converting a nonexempt nonprofit into an, §20.7
creating spin-off organizations, §22.0
deductibility and disclosures, Ch. 24
differences between nonexempt and, §1.1
disposal of assets during bankruptcy termination, §26.3
earned and unearned types of income of, §21.0
IRS Publication 78Tax Exempt Organization Search listing, §17.4(a)
IRS Tax-Exempt and Government Entities (TE/GE) Division serving, §18.0
licensing use of the organization's name, §21.8(c)
limitations on political activity by, §6.2(a), Ch.23
lobbying activities of §501(c)(3), §23.4
lobbying limits for, §23.6
mergers and other combinations, §26.1
Organization Reference Chart, Exh. 1.1
reporting organizational changes ot the IRS, §18.3
research income of, §21.10(f)
start-up tax and financial considerations, §1.6
status suitability, §1.5
tax consequences of fund-raising, §24.0
tax withholding requirements for, 25.3(b)
termination of, §26.3
when an organization loses its, §18.5
See also Charitable organizations ; IRC §501(c) ; Private foundations (PFs) ; Public charities
Exempt status
businesslike behavior, §1.1(b)
choosing a category, §1.1(a)
how it is affected by bankruptcy, §26.2(a)
Internal Revenue Service role in, §1.4
IRC §501(c)(3) qualification for, Ch.1
maintaining, Ch.19
nomenclature, §1.2
ownership and control, §1.3
resources on rules for, §1.4
suitability for tax-exempt status checklist, Exh. 1.2
when it is lost by an organization, §18.5
See also Public charity status
Exempt status checklists
Annual Tax Compliance Checklist for §501(c)(3)Public Charity, Exh. 19.1
Annual Tax Compliance Checklist for §527 Political Organizations, Exh. 19.7
Annual Tax Compliance Checklist for Non-§501(c)(3) Organizations, Exh. 19.4
Annual Tax Compliance Checklist for Private Foundations (PFs), Exh. 19.5
Annual Tax Compliance Checklist for Private Foundation––Short Form, Exh. 19.6
Annual Tax Compliance Checklist––Unrelated Business Income, Exh. 19.8
Annual Tax Compliance for Tax-Exempt Organizations––Short Form, Exh. 19.3
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations, Exh. 19.11
Checklist for Tax and Accounting Issues for Grants, Exh. 19.12
Checklist for Website Exemption Issues, Exh. 19.10
Intermediate Sanction Checklist, Exh. 19.9
2010 §501(c)(3) Public Charity Tax Preparer Checklist, Exh. 19.2
Exempt status suitability
appropriate exemption category, §1.5(b)
are creators motivated by selfish goals?, §1.5(d)
do expected revenue sources indicate nonprofit character?, §1.5(c)
general information on, §1.5
is new organization necessary?, §1.5(a)
Expenditure documentation policy of private foundations, Exh. 14.3
Expenditure responsibility grants
endowment grants, §17.6(c)
to ensure accountability requirements, §17.6
Expenditure Responsibility Agreement––Version 1, Exh. 17.8
Expenditure Responsibility Agreement––Version 2, Exh. 17.9
Expenditure Responsibility Control Checklist, Exh. 17.6
Form 4720 to report failure to exercise, §17.6
grant diversions, §17.6(e)
grantee accounting records, §17.6(c)
grantee reports, §§17.6(c), Exh. 17.11
grant terms, §17.6(b)
to non-(c)(3) organizations, §17.6
pre-grant inquiry, §17.6(a)
Pre-Grant Inquiry Checklist, Exh. 17.7
private foundation successor organizations, §17.6(c)
program–related investments, §17.6(c)
report to IRS on Form 990–PF, §17.6(d), Exh. 17.10
Expenditures
administrative expenses, §15.4(f)
allocation of expenses to calculate taxable income, §21.11
commensurate test of, §2.2(d)
distributions of direct charitable, §15.4(f)
IRC §4945 on taxable, Ch.17
noncharitable, §17.7
operational test of charitable, §2.2(b)
penalty tax on (c)(3) political, §23.2(d)
political, §§23.1, 23.2(d), 23.3, 23.5(b)
self-sponsored charitable program, §15.4(f)
tax on political, §23.3
Expense allocations, §21.11
Expense reimbursement policy for private foundations, Exh. 14.2
Exploitation rule. See Fragmentation and exploitation rules
Extraordinary collection actions (ECAs) [hospitals], §4.6(j)
F
Facey Medical Foundation, §4.6(e)
Facts-and-circumstances test, §11.2(f)
Fair market value (FMV)
cash and other assets, §15.2(e)
date of valuation, §15.2(b)
deduction amount for gift of property, §24.1(b)
definition of, §20.10(d)
de minimis rule on donor benefits, §24.3(a)
of donated property, §§14.3(a), 24.1(a)
donor benefits and de minimis rule, §24.3, Exh. 24.3
good-faith estimate by charity, §24.2(b)
IRS Publication 561 Determining the Value of Donated Property , §24.1(a)
measuring, §15.2
partial year, §15.2(c)
for purchase, lease, or sale of property or services, §20.5
readily marketable securities, §15.2(d)
usual market place standard, §24.1(b)
valuation methods, §15.2(a)
Family members (private foundations), §12.2(c)
“Family offices,” §14.7
Farmers' cooperative associations, Exh. 1.1
Farmers' markets, §2.2
Federal Credit Unions, §10.1
Federal Crop Insurance Corporation, §10.1
Federal Deposit Insurance Corporation (FDIC), §10.1
Federal Election Campaign Act (FECA), §§23.0, 23.3, 23.3(c)
Federal Election Commission (FEC), §2.2(j)
Federal Employee Health Benefits Act (FEHBA), §7.1(e)
Federal Home Loan Banks, §10.1
Federal Insurance Contributions Act, §10.2
Federal Intermediate Credit Banks, §10.1
Federal Land Banks, §10.1
Federal National Mortgage Association (FNMA), §10.1
Federal Reserve Bank, §10.1
Feeder entities, §2.2(h)
Fellowships grants, §§17.3(b), 17.3(d)(e)(f), 25.1(e)
FICA taxes. See Social Security taxes
Field-of-interest funds of community funds, §11.3(a)
Filer Commission, §17.0
Financial Accounting Standards Board (FASB)
accounting standards update (ASU) released by, §11.5(g)
FASB #136 (June 1999) on variance power over grant, §11.5(d)
Financial assistance policy (FAP) [hospitals], §4.6(j)
Financial considerations
financial management, §1.6(b)
preliminary planning, §1.6(a)
requirements and tax attributes for §§501(c)(2),(3),(4),(5),(6),(7), Exh. 1.4
suitability for tax-exempt status checklist, Exh. 1.2
First bite rule, §20.10
First Nations Development Institute, §10.2
Fiscal agents, §17.4(d)
Fiscal changes reporting, §18.3(b)
Fitness/health centers, §4.6(g)
Foreign foundations
description of, §12.2(a)
excise taxes, §13.6
termination tax does not apply to, §12.4(a)
Foreign investments
income from private foundation, §13.1(h)
offshore hedge funds, §18.2(g), Exh. 182
reporting on Form 990–T, §18.2(g)
Foreign organizations
controlled foreign corporations (CFCs), §§13.1(h), 18.2(g)
deductibility issue of, §24.1(b)
equivalency procedure, §17.5(b)
expenditure responsibility route, §17.5(c)
grants made to, §17.5
grant terms specific to, §17.6(b)
IRS approval for PF grants to, Exh. 17.2
passive foreign investment companies (PFICs), §§13.1(h), 18.2(g)
private foundations, §§12.2(a), 12.4(a), 13.6
recognition of U.S. public status, §17.5(a)
Foreign recipients of distributions, §15.4(e)
Foreign recipients of grants, §25.1(e)
Forms. See IRS Forms
For-profit corporate subsidiaries
creation of a, §22.3
individual or outside shareholders, §22.3(d)
maintaining separate corporate identity, §22.3(a)
pays its own income tax, §22.3(b)
sharing facilities and/or employees, §22.3(c)
For-profit organizations
corporate subsidiaries, §22.3
mergers and other combinations conversion to, §26.1(d)
venture funds prudent vs. jeopardizing investments, §16.2(b)
Foundation managers, §12.2(c)
Foundation of Human Understanding, §3.2(b)
Foundations
Abraham Lincoln Opportunity Foundation, §5.1
Ark Environmental Foundation U.S., Inc., §2.2(e)
exempt operating, §§12.2(a), 13.9
Facey Medical Foundation, §4.6(e)
fraternity/sorority educational, §5.1(f)
Great Kansas City Community Foundation, §§2.2, 4.3
private operating, §§12.2(a), 15.5, Exh. 1.1
types of, §12.2(a)
See also Private foundations (PFs)
Foundation Source Grant Safe, §17.4(a)
Fragmentation and exploitation rules, §§8.4(c), 21.4(c), 21.13
Fraternal beneficiary societies and associations
IRC description of, Exh. 1.1
PF grant made to, §17.6
Fraternity/sorority educational foundations, §5.1(f)
Freedom from Religion Foundation, §25.2(b)
Friends of organizations, §24.1(b)
Fund for the Study of Economic Growth and Tax Reform case, §23.1.(b)
Fund-raising
crowdfunding, §24.0
Internet exempt activities and, §2.2(j)
qualified, §24.3(a)
self-dealing event benefits, §14.5(c)
state and local regulations on, §24.5
tax consequences of, §24.0
unrelated business income aspects of, §24.4
See also Donations ; Donors
G
Gala tickets
community foundations (CFs), §11.3(e)
self-dealing and PF payment of, §14.5(c)
Garden clubs, §6.2, 7.3
Gay and lesbian groups, §5.1(b)
Geisinger Health Plan (Geisinger Hospital), §§4.6(a), 4.6(f)
Genealogical societies, §§2.2, 2.2(a)
General Accounting Office, §25.0
General Counsel Memorandum (GCM) [IRS], §18.5
Georgia Institute of Technology's McDonald's Center, §21.8(i)
Germane lobbying, §17.1(a)
Ghetto improvement project, §15.5(a)
Gift premiums, §21.9(g)
Gifts
cars and boats, 24.1(b)
as charitable contribution, §24.1
deduction amount as the fair market value (FMV), §24.1(b)
to domestic Friends of organizations, §24.1(b)
donated assets, §13.2(a)
and donations of indebted property, §§14.3(a), 24.1(a)
donative public charities and two percent, §11.2f
gift tax for club gifts, §9.4(c)
history of disclosure rules on soliciting, §24.2(a)
IRC §509(a)(1) and §509(a)(2) organizations in-kind, §11.5(c)
IRS Form 8283 filed for over $20,000, §24.1(b)
planned, §24.1(d)
received by SOs from private foundations, §11.6(c)
redistributing donated noncash property, §13.5(c)
split-interest trust, §§11.5(c), 13.1(f), 24.1(d)
30 percent limit for gift to other organizations, §24.1(b)
See also Donations
Gingrich, Newt, §§5.1, 23.1.(b)
Global evangelical ministry (GEM), §3.2(b)
Goldsboro Christian Schools v. United States, §3.0
Gold stocks, §16.2(b)
Good-faith estimate, §24.2(b)
Goods/merchandise
art object sales in museums, §5.1(i)
related business activity of sale of, §21.7(b), Exh. 21.4
sold on the Internet, §21.8(j)
See also Services
Goodwill Industries job-training program, §2.2(e)
Governance
Form 990 Part VI, Governance, Management and Disclosure, §§2.1(d), 2.2(k)
IRS Governance Project Guidesheet, §2.2(k)
operational test of §501(c)(3) on, §2.2(k)
Government
charitable organizations lessening the burdens of, §4.3
instrumentalities of the United States, §10.1
IRC §§7701(a)(40) and 7871 on Indian tribal, §10.2
state and local regulations on fund-raising, §24.5
Governmental units
categories for tax purposes, §10.3(b)
charitable contribution deductions for, §10.3(c)
definition of an Indian tribe as a, §10.2
disadvantages of §501(c)(3) status, §10.3(a)
IRC §170(b)(1)(A)(v) definition of, §10.2
organizational criteria to be treated as affiliate of, §10.2
private foundation grant made to, §17.6
qualifying for §501(c)(3) status, §10.3
Reg. §1.103–1(b) definition on, §10.2
See also Quasi-governmental entities
Government grants
IRC §509(a)(1) organizations, §11.5(c)
IRC §509(a)(2) organizations, §11.5(c)
Government officials
private foundation relationship to, 12.2(c)
self-dealing payments made to, §14.6
Grant documentation
expenditure responsibility grants, §17.6
Grant Agreement, Exh. 17.5
Grant Approval Checklist for different organization types, Exh. 17.2
grantee reports, §17.6(c), Exh. 17.11
Grant Payment Transmittal Letter, Exh. 17.4
Pre-Grant Inquiry Checklist, Exh. 17.7
proof of public status of grant recipients, §17.4(a)
Grantee accounting records, §17.6(c)
Grant fund diversions, §17.6(e)
Grant intermediaries
individual grant programs using, §17.3(g)
private foundation grant to a, §17.6
Grant management services, §21.8(b)
Grants
to and from the (c)(3) organizations, §22.1(d)
Checklist for Tax and Accounting Issues for Grants, Exh. 19.12
community foundation, §15.4(c)
differences between §509(a)(1) and §509(a)(2) organizations, §11.5(b)(c)
direct, §15.4(a)
disaster relief, §§2.2(a), 17.3(c), 24.1(a), 25.1(e)
to donative public charities from other charities, §11.2(f)
donor-designated, §11.5(d)
evaluating under FASB accounting standards update (ASU), §11.5(g)
expenditure responsibility, §17.6
FASB #136 (June 1999) on variance power over, §11.5(d)
fellowships, §§17.3(b), 17.3(d)(e)(f), 25.1(e)
foreign recipients, §25.1(e)
granted to other organizations by POF, §15.5(b)
grants-in-aid programs, §17.3(c)
individual, §§15.4(f), 17.3
IRC §509(a)(1) and §509(a)(2) and supporting organizations, §11.5(c)
made by private foundations to public charities, §17.4
made on condition of PF name recognition, §14.5(e)
made to foreign organizations, §17.5
made to individuals, §17.3
noncash and in-kind, §15.4(d)
private operating foundation (POF) program for individual, §15.5(c)
to public charities, §17.4
to public charities that lobby, §17.1(c)
recoverable, §16.3
scholarships, §§2.2(a), 17.3(b)–(f), 24.1(a), 25.1(e)
to SOs from private foundations, §11.6(c)
unusual, §11.2(h)
Grants-in-aid programs, §17.3(c)
Grassroots lobbying, §§17.1, 23.4(e)
Grassroots lobbying communication, §17.1
Great Kansas City Community Foundation, §§2.2, 4.3
Gross investment income
deductions from, §13.4
definition of, §13.0
taxable income of PF, §13.1a
Gross-to-gross method (social club field), §9.5(e)
Ground transportation reimbursement, Exh. 14.2
Group Form 990, §18.2(f)
Group insurance payments (PFs), §14.7(a)
Group insurance programs, §21.8(f)
Group legal services plan, Exh. 1.1
Guide International Corporation, §8.3(a)
“Guide Sheet for Organizations Closely Affiliated with State or Indian Tribal Governments (IRS), §10.2
Guidestar, §§10.3(a), 17.4(a), 18.2
H
Hans S. Mannheimer Charitable Trust, §17.6(d)
Harvard Fly Club case, §9.3(a)
HCA, Inc., §4.6(c)
Health-care organizations, §4.6(a)
Health Care Provider Reference Guide (CPE series), §4.6
Health/fitness centers, §4.6(g)
Health insurance portability, §25.0
Health maintenance organizations (HMOs), §§4.6(a), 4.6(f), 21.8(b), 25.0
Health promotion
charity care, §4.6(a), 4.6(d)
Health Care Provider Reference Guide (CPE series), §4.6
health/fitness centers, §4.6(g)
health maintenance organizations (HMOs), §4.6(a), 4.6(f)
homes for the elderly, §§4.6(a), 4.6(i)
hospital joint ventures, §4.6(c)
integrated health delivery system (IDS), §4.6(e)
IRS Community Board and Conflicts of Interest Policy, §4.6(b)
IRS's Hospital Compliance Project (2006) to study, §4.6(j)
physician clinics, §4.6(d)
private inurement issue, §4.6(b)
professional standards review organizations (PSROs), §4.6(h)
as purpose of charitable organizations, §4.6
rendering services for, §21.8(b)
Hedge fund investments, §13.1(h)
Helge, Terry, §2.2(e)
Hill, Frances R., 23.1(b)
Historical reference library, §15.5(a)
Hobby or recreational groups, §8.3(c)
Home health agencies, §4.6(a)
Homeowner's associations
annual election, §6.4(c)
calculating the tax relief, §6.4(b)
characteristics of, §6.4(a)
disclosures of nondeductibility, §6.5
IRS Publication 588, Tax Information for Homeowners Associations , §6.4(c)
qualifying under §501(c)(4), §6.4
See also Civic organizations
Homes for the elderly, §§4.6(a), 4.6(i)
Hopkins, Bruce, §10.3(c)
Horticultural organizations
garden clubs, §6.2, 7.3
IRC description of, §7.3, Exh. 1.1
Hospital Compliance Project (2006) [IRS], §4.6(j)
Hospital holding companies, §4.6(a)
Hospital joint ventures
charitable, §4.6(c)
commercial, §4.6(c)
overview of, §4.6(c)
Hospitals
actions that may be taken in event of nonpayment, §4.6(j)
additional requirements to retain 501(c)(3) status, Exh. 1.1
Affordable Care Act requirements for nonprofit, §4.6(j)
charity care by, §4.6(a)
community health needs assessment (CHNA) conducted annually by nonprofit, §6.4(j)
cooperative hospital service organizations, §4.7, Exh. 1.1
extraordinary collection actions (ECAs) by, §4.6(j)
failures to satisfy requirements of §501(r), §4.6(j)
financial assistance policy (FAP) adopted by nonprofit, §6.4(j)
Geisinger Hospital's Geisinger Health Plan division, §§4.6(a), 4.6(f)
hospital joint ventures, §4.6(c)
“Hospitals Clinics, and Similar Health Care Providers Reference Guide Sheet”, §4.6(a)
IRS community benefit standards for, §4.6(a)
IRS's Hospital Compliance Project (2006) to study nonprofit, §4.6(j)
taxation of noncompliant, §4.6(j)
Treasury Inspector General for Tax Administration (TIGTA) report on nonprofit, §4.6(j)
See also Patients
House of David, §3.4
Housing
compensation through, §20.4
low-income housing projects (PILFs), §4.2(a)
medical research institution employee, §25.0
minister housing allowances, §25.2(b)
reimbursement of lodging away from home, Exh. 14.2
room and board employee fellowship/scholarship benefits, §25.1(e)
student, §5.1(a)
United States Housing Authority, §10.1
Hurricane Katrina disaster relief, §2.2(a)
I
Impermissible lobbying, §17.1
Incentive compensation, §20.3(c)
Incidental or tenuous benefit, §14.5(e)
Income
aggregation of debt-financed, §21.11
earned and unearned types of, §21.0
§509(a)(1) and §509(a)(2) organizations differences in, §11.5(a)
phantom, §13.3(b)
private operating foundation's adjusted net, §15.5(e)
rental, §§13.1(d), 21.8(a), 21.10(c)
SO stock/non-liquid investments/assets that do not produce, §11.6
transactions that benefit disqualified persons, §14.5
See also Investment income ; Unrelated business income (UBI)
Income accumulations
operational test on, §2.2(c)
title-holding corporation (THC), §10.4(b)
Income test of POFs, §15.5(d)
Independent contractors
distinction between employees and, §25.1
Employee versus Independent Contractor IRS Checklist, Exh. 25.2
flowchart of employees versus independent contractors, Exh. 25.1
legal description of, §25.1(b)
Indian tribal government
“Guide Sheet for Organizations Closely Affiliated with State or Indian Tribal Governments,” §10.2
under IRC §§7701(a)(40) and 7871, §10.2
Indian tribes
as defined under §103(a), §10.2
definition of, §21.9(f)
IRS “Guide to Indian Taxation Issues”, §21.9(f)
qualify as governmental organizations for expenditure responsibility purposes, 17.4(a)
tax considerations of income earned by, §21.9(f)
Indirect self-dealing
estate administration exception, §14.9
examples of, §14.8
Individual grant programs
class of potential grantees, §17.3(d)
designing an, §17.3(d)
IRS approval for, §17.3(f), Exh. 17.1
record-keeping and income tax reporting, §17.3(d)
research or study grants, §17.3(d)
scholarships and fellowships, §§2.2(a), 17.3(b)–(f), 24.1(a), 25.1(e)
using intermediaries for, §§17.3(g), 17.6
Individual grants
compensatory payments, §17.3(b)
description and IRS requirements for, §17.3
designing an individual grant program for, §17.3(d)
distribution of, §15.4(f)
emergency grants-in-aid to individuals and disaster relief, §§2.2(a), 17.3(c), 24.1(a), 25.1(e)
study or research, §§17.1(b), 17.3(d)
Infant Formula Action Coalition case, §23.7
Influencing legislation, §6.5(b)
Informal educational purpose, §5.1(e)
Information on Taxes and Your Donation (Church of Scientology), §3.2(d)
“Inherently public activity,” §11.2
In-kind gifts, §11.5(c)
Institute of International Education, §25.3(d)
Instrumentalities of the United States
defining the term instrumentality , §10.3(f)
description and examples of, §10.1
disadvantages of §501(c)(3) status, §10.3(a)
dual-status organizations, §10.3(a)
governmental units, §10.2
integral parts of, §10.3(e)
qualifying for §501(c)(3) status, §10.3
statutory exception to general rule taxes, §10.3(b)
Insurance
co-op health insurance issuers, Exh. 1.1
group insurance payments shared by DPs, §14.7(a)
group insurance programs, §21.8(f)
health insurance portability, §25.0
long-term care insurance benefits, §25.0
whole life insurance policy, §§15.2(e), 16.2(b)
Insurance organizations
benevolent life insurance associations, Exh. 1.1
Federal Crop Insurance Corporation, §10.1
Federal Deposit Insurance Corporation (FDIC), §10.1
Federal Insurance Contributions Act on, §10.2
insurance company associations, §8.4(b)
Mutual insurance companies or associations, Exh. 1.1
National Association of Postal Supervisors’ (NAPS) health insurance activity case, §7.1(e)
state-sponsored workers' compensation reinsurance organizations, Exh. 1.1
Intangible religious benefits, §§24.2(c), 24.3(b)
Integral agency, §3.2(c)
Integral part test, §2.2(h)
Integrated health delivery system (IDS), §4.6(e)
Intellectual property gifts, §24.1(b)
Interest
Form 1099–INT to report on charity paid loan, §25.3(g)
interest-free loans, §§14.3(b), 25.3(g)
on political organization collected funds, §23.3(b)
taxes on investment income, §13.1(b)
as unrelated business income modification, §21.10(a)
See also Loans
Interest-free loans, §§14.3(b), 25.3(g)
Interest on State and Local Bonds rules, §10.2
Intermediate Sanction Checklist, Exh. 19.9
Intermediate sanctions
correction of excess benefit, §20.10(g)
to enforce inurement prohibition, §20.10
excess benefit transaction, §20.10(d)
first bite rule, §20.10
imposed on Groups A–E disqualified persons, §20.10(a)
imposed on managers, §20.10(b)
Intermediate Sanction Checklist, Exh. 19.9
intermediate sanctions connection, §14.4(b)
managers participating and knowing, §20.10(c)
rebuttable presumption excuse from, §20.10(f)
Internal Revenue Manual (IRM), §§4.2(a), 6.2, 8.7, 11.6, 18.1, 18.2(f)
International activities, operational test on, §2.2(i)
International amateur sports competition, §§5.5, 6.2, Exh. 1.1
International E22 Class Association, §5.5
Internet exempt activities
Checklist for Website Exemption Issues, Exh. 19.10
by colleges and universities, §2.2(j)
fees for Internet activities, §2.2(j)
fund-raising issues, §2.2(j)
operational test on, §2.2(j)
other issues related to, §2.2(j)
providing organization information on website, §2.2(j)
providing services, §2.2(j), 6.2
tax consequences of website links, §2.2(j)
Internet-related organizations
exemption applications by, §2.2(j)
hyperlinks to sponsor's website address, §21.8(e)
Internet-related revenue
crowdfunding, §24.0
IRC §513(i)(2)(A) rules on, §21.8(j)
Internet Service Providers (ISPs)
electronic publishing projects, §5.1(j)
perused by the IRS, §2.2(j)
Inter vivos (“among the living”) trusts, §1.7(b)
Inurement
defining, §20.1
economic substance, §20.1(d)
identifying, §20.1(b)
meaning of net earnings , §20.1(c)
personal involved in, §20.1(a)
Inurement prohibition
business league member, §8.7
organizational test clause on, §2.1(c)
social club members, §9.2
See also Self-dealing transactions
Inurement transactions
excess benefit, §20.10(d)
for-profit to nonprofit and vice versa, §20.7
intermediate sanctions for, §20.10
joint ventures, §20.9
lending money to or borrowing from an insider form of, §20.6
member services and benefits, §20.8
paying the §4958 excise tax imposed due to, §20.10(h)
Inventory, §21.11
Investment assets
acquisition indebtedness, §15.1(f)
definition of, §15.1(a)
dual-use property, §15.1(d)
exempt function assets, §15.1(c)
future interests or expectancies, §15.1(b)
held for future use, §15.1(e)
used to calculate minimum investment return, §15.1
Investment income
assets used to calculate minimum return for PFs, §15.1
capital gains, §13.2
capital losses, §13.3
changing accounting method or tax year, §13.4(d)
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations, Exh. 19.11
deductions from gross, §13.4
deferred foreign earnings, §13.2(b)
dividends that are taxable, §13.1(c)
earned by partnerships of private foundations (PFs), §13.1(g)
excise tax based on, Ch.13
excise tax on colleges and universities, §13.8
foreign investments, §13.1(h)
formula for taxable income of PFs, §13.1
gross, §13.0, 13.1(a)
interest earned on, §13.1(b)
jeopardizing, §16.2
phantom income, §13.3(b)
program-related [§4944(c)], §§13.2, 16.3
reporting requirements for offshore, §18.2(g)
tax-planning ideas, §13.5
See also Income
Involuntary termination of private foundations, §12.4
IRC §103, §10.2
IRC §107(s), §25.2(b)
IRC §115(a), §5.1(d)
IRC §119(d)(4)(A), §25.0
IRC §127(a), §25.0
IRC §§167, 168, and 179, §21.11
IRC §170
(a) contribution defined, §24.1(a)
(b)(1)(A)(iii) on cooperative hospital service organizations under, §4.7
(b)(1)(A)(ii) on cooperative educational service organizations, §5.1(d)
(b)(1)(A)(v) governmental unit as defined under, §10.2
(b)(1)(A)(vi) recognition of change in status to, §11.5(e), 11.5(f)
(c)(1) entitled to receive deductible charitable contributions under, §10.2
charitable contribution defined in, §24.1
relationship between §501(c)(3) and, §2.0
IRC §§243–245, §21.11
IRC §§261–280H, §21.11
IRC §§263A and 471–474, §21.11
IRC §318 attribution rules, §21.10(e)
IRC §501(c)
comparing requirements and tax attributes, Exh. 1.4
differences between exempt and nonexempt organizations, §1.1
filing for nonprofit status, §1.4
nomenclature, §1.2
Organization Reference Chart covered by, Exh. 1.1
on ownership and control, §1.3
start-up tax and financial considerations, 1.6
suitability as exempt organization under, §1.5
See also Tax-exempt organizations (E0s)
IRC §501(c)(1)
governmental units, §10.2
instrumentalities of the United States, §§10.1, 10.3(f)
qualifying quasi-governmental entities for §501(c)(3) status, §10.3
IRC §501(c)(2)
comparing requirements and tax attributes, Exh. 1.4
exclusive purpose clause of, §10.4(a)
title-holding corporations (THCs), §10.4
IRC §501(c)(3)
affiliated (c)(3) and (c)(4) organizations, §6.1(d)
agricultural groups reclassifying to, §7.2
Annual Tax Compliance Checklist for §501(c)(3)Public Charity, Exh. 19.1
choosing to apply under §501(c)(4) versus, §6.1(c)
comparing organizations of §501(c)(4) and, §6.1
comparing requirements and tax attributes, Exh. 1.4
conversion of §501(c)(4) organizations to, §6.1(e)
creating spin-off organizations, §22.0
different categories of organizations exempt under, §11.1, Exh. 11.2
on permissible campaign involvement, §23.1(a)
qualifying under, Ch.1
relationship between §170 and, §2.0
significance of public charities for tax exemption under, §11.0
2010 §501(c)(3) Public Charity Tax Preparer Checklist, Exh. 19.2
IRC §501(c)(3) qualifying
comparing §501(c)(4) and, §6.1
disadvantages of §501(c)(3) status for governmental units, §10.3(a)
must serve a community rather than individuals, §6.4
operational test for, §2.2
organizational test for, §2.1
overview of, §2.0
quasi-governmental entities, §10.3
IRC §501(c)(4)
affiliated (c)(3) and (c)(4) organizations, §6.1(d)
choosing to apply under §501(c)(3) versus, §6.1(c)
comparing organizations of §501(c)(3) and, §6.1
comparing requirements and tax attributes, Exh. 1.4
disclosures of nondeductibility, §6.5
lobbying limits for, §23.6
neighborhood and homeowner's associations, §6.4
on permissible campaign involvement, §23.1(a)
political activity ruling, §23.3(e)
“self-declarers” organizations under, §18.1(c)
social welfare organization exemption under, §§6.0, 18.1
type 1 civic organization promoting social welfare, §6.0
type 2 local association of employees, §§6.0, 3
IRC §501(c)(5)
agricultural groups under, §7.2, Exh. 1.1
comparing organizations under §501(c)(6) and, §8.9
comparing requirements and tax attributes, Exh. 1.4
disclosures of nondeductibility, §7.4
horticultural groups under, §7.3, Exh. 1.1
labor unions under, §7.1, Exh. 1.1
lobbying limits for, §23.6
organizations qualifying under, §7.0
on permissible campaign involvement, §23.1(a)
political activity ruling, §23.3(e)
“self-declarers” organizations under, §18.1(c)
IRC §501(c)(6)
business leagues, §8.1, Exh. 1.1
chambers of commerce and boards of trade, §8.8
comparing organizations under §501(c)(5) and, §8.9
comparing requirements and tax attributes, Exh. 1.4
dealer associations, §8.3(b)
formation of related charitable organization, §8.11
hobby or recreational groups, §8.3(c)
line of business, §§8.3, 8.3(a)
lobbying limits for, §23.6
meaning of “common business interest,” §8.2
member inurement, §8.7
membership categories, §8.6
on permissible campaign involvement, §23.1(a)
political activity ruling, §23.3(e)
recognition of exempt status, §8.10
rendering services for members, §8.4
“self-declarers” organizations under, §18.1(c)
sources of revenue, §8.5
types of organizations named in, §8.0
user groups, §8.3(a)
IRC §501(c)(7)
commingling as necessary for organization exempt under, §2.2(j)
comparing requirements and tax attributes, Exh. 1.4
filing and disclosure requirements, §9.6
member inurement prohibited, §9.2
membership requirements, §9.3
organizational requirements and characteristics, §9.1
revenue tests, §9.4
social clubs defined in the, §9.0, Exh. 1.1
unrelated business income tax (UBIT), §9.5
IRC §501(c)(25), §10.5
IRC §501(c)(b), §2.1(c)
IRC §501(c)(e), §23.4
IRC §501(e), §4.6(e)
IRC §501(h)
advantages of making the election under, §23.5(d)
advantages of not making the election under, §23.5(d)
expenditure test of lobbying, §2.2(g)
lobbying expenditures under, §23.4
parameters for election lobbying under, §23.4(b)
IRC §501(r), §4.6(j)
IRC §502, §2.2(h)
IRC §507(a), §§12.4, 12.4(h)
IRC §509
categories of organizations under, §11.2
community foundations (CFs), §11.3
distinguishing between private and public charities, §2.0, 11.1, Exh. ll.1
public charities understood through, §11.0
reporting §509(a) class issues, §18.3(e)
IRC §509(a)(1)
differences between §501(a)(2) organizations and, §11.5, 18.3(e)
“inherently public activity” and broad public support organizations, §11.2
/§170(b)(1)(A)(vi), §18.1(e)
public charities receiving revenues from general public, §11.0
IRC §509(a)(2)
differences between §501(a)(1) organizations and, §§11.5, 18.3(e)
Form 990 Schedule A to evidence ongoing qualification under, §18.1(e)
public charities with revenues from charges for exempt services, §11.0
service-providing organizations, §11.4
IRC §509(a)(3)
ceasing to qualify as a supporting organization under, §18.3(e)
change in category due to support change, §11.5(e)
comparing donor-advised funds (DAFs), private foundations, and, Exh. 11.4
grants to IRC §509(a)(1) and §509(a)(2) organizations from organizations under, §11.5(c)
public charities that support another public charity, §11.0
SOs of business, trade, or professional associations, §8.11
supporting organizations, §11.6
test on supporting organizations under, §1.7(a)
IRC §509(a)(4), §11.0, 7
IRC §§511-514, §21.11
IRC §512(a)(7), §21.11
IRC §513(h)(1)(B), §21.10(d)
IRC §513(i)(2)(A) rules, §21.8(j)
IRC §527
on political activities considered an exempt function, §§23.1(a), 23.3
political organization's taxable income, §23.3(b)
IRC §527(e)(2), §23.3(e)
IRC §529, §§5.1(a), 10.2
IRC §965, §13.1(h)
IRC §§1311–1314, §13.3
IRC §1388, §4.7
IRC §4911
§4911(d) on influencing legislation, §23.4(e)
lobbying as defined in, §23.4(c)
(z)(l) on excess lobbying expenses, §23.5(c)
IRC §4912, §23.5
IRC §4940, §12.4(e)
IRC §4941
penalty provisions of, §12.2(b)
private foundation transfers, §12.4(e)
self-dealing, Ch.14
IRC §4941(d)(2)(E), §14.4
IRC §4942
assets used to calculate minimum investment return, §15.1
minimum distribution requirements, Ch.15
penalty provisions of, §12.2(b)
private foundation transfers, §12.4(e)
IRC §4943
on excess business holdings, §16.1
penalty provisions of, §12.2(b)
private foundation transfers, §12.4(e)
IRC §4944
penalty provisions of, §12.2(b)
private foundation transfers, §12.4(e)
IRC §4944(c)
how program-related investments are treated under, §§15.4(f), 16.3
program-related investments defined in, §13.2
IRC §4945
penalty provisions of, §12.2(b)
private foundation transfers, §12.4(e)
prohibiting taxable expenditures by PFs, Ch.17
IRC §4955, §23.0
IRC §4958
imposing nondeductible excise tax sanction, §20.10
new IRC §4960 excise tax differing from, §20.10(j)
paying the excise tax imposed on by, §20.10(h)
serves to complete requirements for tax-exempt status, §20.10
IRC §4960 §20.10(j)
IRC §4968, §13.8
IRC §6033, §10.2
IRC §6050S, 25.1(e)
IRC §6672, §25.3(a)
IRC §6714
(a) tax penalty for failure to disclose quid pro quo contributions, §24.2(c)
(b) reasonable cause exception for failure to disclose, §24.2(c)
IRC §7421, §26.2(b)
IRC §49401(b), §13.0
IRC (Internal Revenue Code)
exemptions under §501(c)(3), §1.0
IRS's right to request information under §7611(b)(1)(A), §3.2(d)
IRS 1981 Continuing Professional Education Text, §20.0
IRS Business Master File (BMF), §17.4(a), Exh. 17.2
IRS Continuing Professional Education (CPE) [2004], §2.1(b)
IRS EO CPE Text. See IRS Exempt Organization Continuing Professional Education (EO CPE)
IRS examination
achieving positive results, §18.4(d)
Colleges and Universities Compliance Project Final Report report (2013) on, §18.4(e)
examination methods, §18.4(a)
how to prepare for the audit, §18.4(c)
“no change” as desired result of, §18.4(e)
who handles the, §18.4(b)
IRS Exempt Organization Continuing Professional Education (EO CPE)
on the agency relationship, §21.8(h)
credit repair agencies, §4.1
health-care and related exemption issues, §4.6
homes for the elderly, §4.6(i)
hospital joint ventures, §4.6(c)
religious organizations, §3.2(b)
IRS Exempt Organizations Handbook, §7.2(a)
IRS Exempt Organizations Internal Revenue Manual, §10.4(a)
IRS Exempt Organizations Internet site, §4.6(a)
IRS Fact Sheet 2006–17 Prohibited Political Campaign Activities of EOs, §23.3(e)
IRS Form 941, §18.2(c)
IRS Form 990
amended returns, §18.3(d)
annual filing of, §18.2
areas for potential IRS scrutiny, §18.2(b)
available on www.guidestar.org , §§10.3(a), 17.4(a), 18.2
on bankruptcies and terminating distributions, §26.2(c)
changes in business activities indicated on, §2.2(e)
design of the, §18.2(b)
disclosure of campaign contributions, §23.3(d)
dormancy explanation on, §2.2(a)
expanded to include details of revenue sources, §21.0
failure to file and loss of exempt status, §§17.4(a), 18.2(b)
filed annually by L3C, §1.7(d)
filed by subordinate organizations, §18.2(f)
filed to make the election, §23.5(a)
filing deadline, §18.2(e)
financial reporting of LLC, §1.7(d)
foreign charitable organization required to file, 13.6
group returns and annual affidavit, §18.2(f)
IRC §6033 listing organizations exempt from, §10.2
list of organizations required and not required to file, §18.2(d)
ongoing classification determined by annual, §§1.2, §18.2
partial liquidation or major disposition of assets, §26(b)
Part IV, Exh. 18.1A
Part VI, §§2.1(d), 2.2(k), 20.10(c)
Part VII, §§20.10(e), 20.3
public disclosure, §18.2(a)
reporting offshore investments, §18.2(g)
reporting organizational changes, §18.3
Schedule A, §§1.2, 11.5(a), 18.2(b), 18.3(d), Exh. 11.3
Schedule C, §23.5(c)
Schedule H, §5.4
Schedule J, §§20.3, 20.10(c)
Schedule L, §§20.1(b), 20.10(c), 20.10(h)
Schedule O, §21.0
social clubs to file, §9.6
what to attach Schedules A–R, §18.2(b)
who should file, §18.2(c)
IRS Form 990–EZ
disclosure of campaign contributions, §23.3(d)
dormancy explanation on, §2.2(a)
failure to file and loss of exempt status, §17.4(a)
partial liquidation or major disposition of assets, §26(b)
Part VI on salaries, §20.3
reporting organizational changes, §18.3
Schedule A filed by donative public charities, Exh. 11.3
social clubs to file, §9.6
supporting organizations to file, §11.6(c)
used for under $50,000 gross revenue, §1.5
who and when to submit for determination, §18.2(c)
IRS Form 990–N
dormancy explanation on, §2.2(a)
filed annually by private foundation, §11.1
who and when to submit the, §18.2(c)
IRS Form 990–PF
“Accounting Methods” instructions on, §13.4(d)
disclosing change in PF accounting method, §13.2(a)
electronic submission of, §13.7
expenditure responsibility grants statement to IRS on, §17.6(d), Exh. 17.10
failure to file and loss of exempt status, §17.4(a)
filed as part of determination process, §18.2(c)
IRS Formula for taxable income of PF, §13.1
Park XVI–A, §21.1
partial liquidation or major disposition of assets, §26(b)
Partk XVI as part of POF classification request, §15.5
Part VIII, §21.1
private foundations required to file, §§11.6(c), 12.2(b)
redistribution reporting issues, §15.4(b)
reporting offshore investments, §18.2(g)
reporting organizational changes, §18.3
required when 33 1/3 percent support is not sustained, §18.1(e)
IRS Form 990–T
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations on, Exh. 19.11
comparison of reporting for corporation versus trust, Exh. 21.6
Exempt Organization Business Income Tax Return, §18.2(a)
filed by subordinate member organizations, §18.2(f)
organizations that should file §18.2(c)
to report income subject to UBI tax, §§9.6, 13.4(d)
reporting UBTI on, §18.2(g)
UBIT calculated on, §21.11
unrelated business revenue should be reported on, §21.1
when an organization should file, §21.0
IRS Form 990–W, §13.7
IRS Form 1023
to determine exempt status, §§1.2, 4, 2.0, 12.2, 18.1
filed to make the election, §23.5(a)
financial information included in, §1.6
request for POF classification, §15.5
required for newly created trust or corporation, §26.1(c)
revised in 2017, §1.5
Schedule D for seeking SO status, §11.6
Schedule H for seeking approval for scholarship plan, §17.3(f)
user groups, §8.3(a)
IRS Form 1023-EZ
Determination Letter issued to filers of, §17.4(c)
filed to begin determination process, §18.1
IRS Form 1024
to determine exempt status, §§1.2, 8.10, 18.1
financial information included in, §1.6
organization test imposed by, §7.1(a)
required for newly created trust or corporation, §26.1(c)
social clubs to file, §9.6
IRS Form 1024–A
filed by newly forms entity seeking tax-exemption, §§1.4, 6.1(b)
to seek recognition of exemption, §§1.4, 18.1
IRS Form 1065, §3.4
IRS Form 1099, §18.2(c)
IRS Form 1099–INT, §25.3(g)
IRS Form 1099–MISC, §25.1(e)
IRS Form 1120, §22.3(b), 23.3(d)
IRS Form 1120–POL
links reportable as taxable income on, §2.2(j)
reporting taxable political expenditures, §§23.3, 23.3(d)
IRS Form 1128, §18.3(b)
IRS Form 3115
to change method for reporting UBIT, §13.4(d)
disclosing change in PF accounting method, §13.2(a)
IRS Form 4361, Application for Exemption from Self-Employment Tax for Use by Ministers, Members of Religious Orders and Christian Science Practitioners, §25.2(c)
IRS Form 4720
links causing penalties reported on, §2.2(j)
penalty tax and revocation due to excess lobbying, §23.5(c)
to report excise taxes and claim abatement of imposed taxes, §18.2(c)
to report failure to exercise expenditure responsibility, §17.6
Return of Certain Excise Taxes on Charities, §12.2(b)
sample statement regarding correction of taxable expenditure, Exh. 17.12
IRS Form 5500, §18.2(c)
IRS Form 5578, §§5.1(b), 18.2(c)
IRS Form 5768
filed to make the election, §23.5(a)
to measure permissible lobbying expenditures of public charity, §18.2(c)
IRS Form 8233, §25.1(e)
IRS Form 8283, §24.1(b)
IRS Form 8871
disclosure of campaign contributions, §23.3(d)
when to file, §23.3(d)
IRS Form 8872
disclosure of campaign contributions, §23.3(d)
when to file, §23.3(d)
IRS Form 8940
for conversion from PF to POF, §15.5(h)
reporting organizational changes using, §18.3(a)
Request for Miscellaneous Determination, §§12.4(d), 18.2(c)
unusual grants, §11.2(h)
IRS Form 8976, §1.4
IRS Form 14414 Group Rulings Questionnaire, §18.1(d)
IRS Form SS–8, §25.1(b)
IRS Form W–2, §§25.1(e), 25.3
IRS Form W–9 Request for Taxpayer Identification Number and Certification, §25.3(d)
IRS General Counsel Memorandum (GCM), §18.5
IRS (Internal Revenue Service)
“Adjustments of Excess Distribution Carryovers from Closed Years” by, §15.6(a)
college and university compliance check sent out by, §5.1(a)
Community Board and Conflicts of Interest Policy, §4.6(b)
Continuing Professional Education Text (1981) by, §20.0
EO FY 2017 Annual Report and FY 2018 Work Plan, §2.2(k)
Exempt Organization branch of, §1.2
Exempt Organizations Continuing Education Texts by, §6.2(a)
Governance Project Guidesheet, §2.2(k)
“Guide Sheet for Organizations Closely Affiliated with State or Indian Tribal Governments (IRS), §10.2
“Guide to Indian Taxation Issues” by the, §21.9(f)
Hospital Compliance Project (2006) of the, §4.6(j)
“Hospitals Clinics, and Similar Health Care Providers Reference Guide Sheet”, §4.6(a)
on “inherently public activity” by public charities, §11.2
intention to revise responsiveness test by, §11.6(c)
Internal Revenue Manual (IRM) by, §§4.2(a), 6.2, 8.7, 11.6, 18.1, 18.2(f)
Internet Service Providers (ISPs) perused by, §2.2(j)
IRS Business Master File (BMF), §17.4(a), Exh. 17.2
IRS Exempt Organizations Handbook by, §7.2(a)
IRS Exempt Organizations Internet site, §4.6(a)
IRS Tax-Exempt and Government Entities (TE/GE) Division of the, §18.0
IRS Technical Advice Memo, §3.2(b)
Priority Guidance Plan 2018–2019, §14.2(d)
proposed regulations changing public support computation for organizations, §11.3(e)
Rev. Rul. 57–128, §10.3(e)
Rev. Rul. 60–384, §10.3(e)
Rev. Rul. 97–21, §4.6(b)
Rev. Rul. 98–15, §4.6(c)
road map for reforming a foundation, §12.4(e)
role in organizational tax-exempt status by, §1.4
scrutiny of unrelated business income by the, §21.1
seeking company scholarship plan approval from the, §17.3(f), Exh. 17.1
“Supporting Organization Reference Guide” by the, §11.6
IRS Notice–6, §11.6(c)
IRS Priority Guidance Plan, §10.3(d)
IRS Publication 78Cumulative List of Organizations Described in IRC §170, §18.1(f), Exh. 17.2
IRS Publication 78Tax Exempt Organization Search, §17.4(a)
IRS Publication 515Withholding of Tax of Nonresident Aliens and Foreign Corporations, §25.1(e)
IRS Publication 557 Tax-Exempt Status for Your Organization, §§2.1(a), 7.1(a), 10.3(f), 18.1(a)
IRS Publication 561 Determining the Value of Donated Property, §§14.3(a), 24.1(a)
IRS Publication 588Tax Information for Homeowners Associations, §6.4(c)
IRS Publication 1771 revision on donor acknowledgments, §24.2(b)
IRS Publication 1828 Tax Guide for Churches and Religious Organizations, §§3.2, 23.1(c)
IRS Publication 3833 Disaster Relief: Providing Assistance Through Charitable Organizations, §§2.2(a), 17.3(c)
IRS Publication 4221–PF Compliance Guide for 501(c)(3) Private Foundations, §12.2
IRS Publication 4779 Facts About Terminating or Merging Your Exempt Organization, §12.4(h)
IRS Revenue Bulletin, §18.5
IRS Tax-Exempt and Government Entities (TE/GE) Division, §18.0
IRS Tax Guide for Churches and Religious Organizations, §25.2(b)
J
Jeopardizing investments
abatement of tax penalty, §16.4(c)
Annual Tax Compliance Checklist for Private Foundations (PFs) on, Exh. 19.5
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations, Exh. 19.11
double jeopardy in case of, §16.4(d)
examples of prudent and, §16.2(b)
identifying jeopardy, §16.2(a)
issues to consider, §16.2
made on advice of counsel, §16.4(b)
penalty taxes on, §16.4
prudent investor rules to avoid, §16.2(a)
removal from, §16.4(b)
when the manager knows it is a, §16.4(a)
Jockey Club, §8.2
Joint ventures
examples of trouble-free, §22.2(c)
Plumstead Theatre Society decision on acceptable, §20.9
private inurement issue of, §20.9
Junior chambers of commerce, §6.2
K
Kansas City Royals baseball team, §§2.2, 4.3
Kemp commission project, §23.1.(b)
Kermit Fischer case, §14.4(a)
L
L3C (low-profit limited liability company)
description and purpose of, §1.7(d)
program-related investment made with, §16.3
Labor organizations
IRC description of, Exh. 1.1
IRS Publication 557 Tax Exempt Status for your Organization , §7.1(a)
membership, §7.1(e)
non-(c)(5) activities, §7.1(c)
organizational structure and documents, §7.1(a)
political activities permitted by, §§7.1(d), 23.3(c)
qualifying under §501(c)(5), §7.1
scope of activities, §7.1(b)
Lambda Legal Defense and Education Fund, §5.1(b)
Lapham Foundation, §11.6(c)
LaVey, Anton Szandor, §3.0
The Law of Fundraising, §24.5
The Law of Tax-Exempt Healthcare Organizations, 4th Edition (Wiley Nonprofit Series), §4.6(a)
The Law of Tax-Exempt Organizations (Hopkins), §1.0
Lawyer Trust Account Fund, §10.3(e)
Legal cases
American Campaign Academy, §2.1(e)
Better Business Bureau, §§3.1(b), 4.2(b)
Big Mama Rag, Inc. (1980), §5.1
De La Salle Institute , §3.2(b)
Redlands Surgical Services (RSS) , §§4.6(a), 4.6(c)
Westward Ho , §2.2(a)
Legislation
definition of, §23.4(d)
grassroots lobbying on, §23.4(e)
IRC §4911(d) on meaning of influencing, §23.4(e)
nonpartisan analysis of a specific, §23.4(e)
Legislative statutes
California's Nonprofit Integrity Act (2005), §24.5
Federal Election Campaign Act (FECA), §§23.0, 23.3, 23.3(c)
Federal Employee Health Benefits Act (FEHBA), §7.1(e)
Federal Insurance Contributions Act, §10.2
Lobbying Disclosure Act (1995), §23.6
Omnibus Budget Reduction Act (1993), §21.10(a)
Patient Protection and Affordable Care Act, §§2.2(i), 4.6, 4.6(j)
Pension Protection Act of 2006 (PPA), §§4.2(b), 11.3(e), 12.1, 13.1(a), 13.2, 16.1
Protecting Americans from Tax Hikes Act of 2015 (PATH Act), §6.2(a)
Revenue Reconciliation Bill (1993), §24.2(a)
Sarbanes-Oxley Act, §20.10(c)
Tax Cuts and Jobs Act (2018), §§10.2, 13.1(h), 13.2(b), 13.8, 20.0, 20.10(j), 21.11
Tax Hikes Act (2015), §18.1(c)
Tax Reform Act (1986), §§4.2(a), 4.6(f)
Texas Charitable Immunity and Liability Act (1987), §1.7(a)
Licensing
treated as royalty payment by Tax Court, §21.10(d)
use of organization's name, §21.8(c)
See also Royalties
Limited liability companies (LLCs)
alliances with investors, §22.2(a)
establishing a, §1.7(d)
Guide Sheet (2007) issued for, §2.1(g)
organizational test applied to, §2.1(g)
programs conducted under POF, §15.5(a)
unrelated business income aspect of, §22.2(d)
valuation of interest in a, §15.2(e)
Limited liability partnerships (LLPs), §22.2(a)
Line of business, §§8.3, 8.3(a)
Literary organizations, Exh. 1.1
Literary purposes, §5.2
Little League, §5.5
Loan program distributions, §15.4(f)
Loans
interest-free, §§14.3(b), 25.3(g)
lending money to or borrowing from an insider, §20.6
PF expenditure documentation policy on debt payments, Exh. 14.3
self-dealing, §14.3
SOs and unreasonable compensation or, §11.6
to SOs from private foundations, §11.6(c)
subject to intermediate sanctions imposed on SOs, §11.6(g)
taxable period of an outstanding, §14.3
undoing self-dealing related to, §14.10(a)
See also Debt ; Interest
Lobbying
attribution between categories of exempt organizations, §23.1(d)
cost of, §6.5(g)
defining in IRC §4911, §23.4(c)
direct, §17.1
disclosures by trade, professional, and business leagues, §8.12
for an electing organizations, §23.4
for election parameters within IRC §501(h), §23.4(b)
expenditure test of IRC §501(h), §2.2(g)
germane, §17.1(a)
grants to public charities that engage in, §17.1(c)
grassroots, §§17.1, 23.4(e)
impermissible, §17.1
to influence legislation, §23.4(d)(e)
and influencing legislation by §501(c)(4) organizations, §6.5(b)
IRC §501(e)(3) organizations, §23.4
limitations for churches, §3.2
limits for §501(c)(4), (5), (6), and other EOs, §23.6
making available research results test to prepare for, §17.1(b)
nondeductible dues attributable to §501(c)(5) organizations, §7.4
permissible amounts of, §23.5
permissible political campaign committee expenses for, §23.3(a)
private foundations prohibited from, §11.1
a proxy tax on §501(c)(4) organizations, §6.5(e)
self-defense, §17.1(a)
sponsoring nonpartisan study of social issues to prepare for, §17.1(b)
substantial-part test of nonelecting EOs, §§23.4(a), 23.5(a)
summary of permissible activities, §17.1(d)
as taxable expenditure, §17.1
tax-exempt status and limitations to, §2.1(e)
what it is not, §23.4(e)
See also Advocacy ; Political activities
Lobbying Disclosure Act (1995), §23.6
Lobbying expenditures
gross-up method for calculating, §6.5(g)
mechanical test for, §23.5(b)
penalty tax and revocation on excess, §23.5(c)
permissible under §501(h), §23.4
ratio method for calculating, §6.5(g)
§263A cost system for calculating, §6.5(g)
Local association of employees
§501(c)(4) type 2 organization, §6.0
IRC description of, Exh. 1.1, §6.3
membership requirements, §6.3(a)
permissible activities, §6.3(b)
Logo
qualified sponsorship payment for use of, §21.8(e)
use or acknowledgement of sponsor's name and, §21.8(e)
Long-term care insurance benefits, §25.0
“Look-back” method for AGB, §4.6(j)
Look-back rule, §6.5(h)
Low-cost articles (gift premiums), §21.9(g)
Low-income housing projects, §4.2(a)
Low-profit limited liability company (L3C)
description and purpose of, §1.7(d)
program-related investment made with a, §16.3
Lutheran Social Service of Minnesota v. U.S., §3.2(c)
M
Mailing lists, §21.10(h)
Managers
intermediate sanctions imposed on, §20.10(b)
participating and knowing in inurement transactions, §20.10(c)
rebuttable presumption of reasonableness excuse from sanctions, §20.10(f)
Marketing agreements/covenants not to compete, §21.8(i)
Meals
compensation through housing and, §20.4
reimbursement when away from home, Exh. 14.2
Mechanical test for lobbying costs, §23.5(b)
Medicaid, §4.6(j)
Medical centers, §4.6(a)
Medical clinics, §4.6(a)
Medical research organization (MRO), §15.5(a)
Medical residents, §25.1(e)
Medicare fee-for-service, §4.6(j)
Member inurement
IRC §501(c)(6) on business league, §8.7
IRC §501(c)(7) on social club, §9.2
Members
agricultural group services to, §7.2(b)
business league, §8.7
business league services to, §8.4
IRC description of armed forces, Exh. 1.1
labor organizations, §7.1(e)
local association of employees, §6.3(a)
political communication sent directly to, §23.4(e)
privileges of, 24.3(b)
social club, §9.3
Member services
member benefit issue of, §20.8(c)
providing public benefit, §20.8(a)
rendered to board members and related parties, §20.8
unrelated business income from, §21.8(b)
when private benefit is found, §20.8(b)
See also Services
Membership fees
disclosure of nondeductivility [§501(c)(4) organizations], §6.5(d)
member privileges as benefit of, 24.3(b)
reimbursement of conference registration fees and, Exh. 14.2
self-dealing and PF payment of church, §14.5(c)
support from, §11.5(c)
Memorial funds of community funds, §11.3(a)
Merchandise. See Goods/merchandise
Mergers and other combinations
carryover basis of, §26.1(a)
conversion to a for-profit, §26.1(d)
other types of transformations, §26.1(c)
overview of, §26.1
public charity status of, §26.1(a)
seeking IRS approval for distribution in termination of assets, §26.1(b)
tax attributes of, §26.1(a)
virtual mergers, §26.1
See also Partnerships
Methodology tests
to determine the educational nature of a program, §5.1(k)
for impermissible advocacy, §5.1
Michigan Education Trust case, §§10.2, 10.3(e)
“Minimum distribution” requirement of PFs, §11.1
Minimum distribution requirements (IRC §4942)
assets used to calculate minimum investment return for PFs, §15.1
distributable amount, §15.3
measuring fair market value for, §15.2
minimum required for private foundations (PFs), §2.2(b)
private operating foundations (POFs), §15.5
qualifying distributions, §15.4
Ministers
employment tax issues related to, §25.2
exempt from income tax and Social Security tax withholding, §25.2(b)
housing allowances, §25.2(b)
IRC definition of, §25.2(a)
IRS Tax Guide for Churches and Religious Organizations, §25.2(b)
subject to self-employment taxes, §25.2(b)
See also Churches
Mission-related investments (MRIs), §16.3
Mission statements
governance compliance with written, §2.2(k)
IRS Form 990 inclusion of information on, §18.2(b)
The Satanic Temple, §3.1(b)
website information including, §2.2(j)
Modest organizations
description of, §18.1(c)
need not file for exemption, §18.1(c)
Mondale, Walter, §23.2(b)
Monthly security valuation method, §15.2(d)
“More-than-incidental” test, §22.2(d)
Mortgage assistance organizations, §4.2(b)
Museum of Flight Foundation case, §21.6(a)
Museums
Bob Joes University Museum, §5.1(b), 5.1(h)
educational purposes of libraries, zoos, and, §5.1(h)
fragmentation and exploitation rules governing, §21.13
identifying related and unrelated objects, §21.13(a)
Museum of Flight Foundation case, §21.6(a)
operational test, §2.2
original works of art, §21.13(b)
sale of art objects by, §5.1(i)
seeking ruling on self-dealing, §14.2(c)
self-dealing related to private foundation operating a, §14.7(b)
travel tours, §21.14
See also Educational organizations
Mutual ditch or irrigation companies, Exh. 1.1
Mutual insurance companies or associations, Exh. 1.1
Mutual or cooperative telephone companies, Exh. 1.1
Mutual reserve funds, IRC description of, Exh. 1.1
N
Name recognition issue, §14.5(e)
National amateur sports competition, §§5.5, 6.2, Exh. 1.1
National Association of Attorneys General (NAAG), §24.5
National Association of Postal Supervisors’ (NAPS) health insurance activity case, §7.1(e)
National Association of State Charities Officials (NASCO), §24.5
National Center for Charitable Statistics (NCCS) [Urban Institute], §24.5
National Charities Information Bureau, §24.5
National College Athletic Association (NCAA) case, §§21.6(a), 21.8(d), 21.8(h)
National Council of Nonprofits, §24.5
National Education Association (NEA) case, §21.15(c)
National Institutes of Health, §5.4
The Nationalist Movement (TNM), §§5.1, 5.1(k)
National or international amateur sports competition organizations, Exh. 1.1
National Prime Users Group and Guide International cases, §8.3(a)
National railroad retirement investment trusts, Exh. 1.1
National Republican Congressional Trust, §2.1(e)
NCAA case, §21.8(d)
Needy and distressed test, §17.3(c)
Neighborhood associations. See Civic organizations
Nestlé boycotting case, §23.7
Net earnings, meaning of, §20.1(c)
Net operating losses (NOLs), §21.11
Net profit agreements, §22.4(c)
New Faith, Inc., §2.2(a)
Newman's Own business, §16.1(a)
New York State Bar Association (NYSBA) report [2009], §13.3(b)
New York Stock Exchange, §15.2(d)
New York University Law School's spaghetti factory case, §21.2
Noncash and in-kind grants, §15.4(d)
Noncharitable expenditures, §17.7
Nondeductible membership due, §6.5(d)
Non-fair-market value transaction, §20.10(d)
Nonpartisan study of social issues, §17.1(b)
Nonpartisan voter registration, §2.1(e)
Nonprofit Financial Planning Made Easy (Blazek), §§1.1(b), 1.6(b)
Nonprofit hospitals. See Hospitals
Nonprofit Integrity Act (2005) [California], §24.5
Nonresident aliens withholding requirements, §25.3(d)
Nontaxed capital gains, §13.2(c)
Nonvoting stock, §16.1(b)
Non–§501(c)(3) organizations
Annual Tax Compliance Checklist for Non-§501(c)(3) Organizations, Exh. 19.4
converting into an exempt nonprofit, §20.7
expenditure responsibility grants to, §17.6
motivations to establish (c)(3) organizations by, §22.1
private foundation grants made to, §17.6
See also Charitable organizations
North American Industry Classification System (NAICS), §21.11
North Ridge Country Club case, §9.5(c)
Note receivable valuation, §15.2(e)
Notice of noncharity status, §6.5(a)
Not to compete covenants/marketing agreements, §21.8(i)
O
of art objects (museum), §5.1(i)
Office equipment
depreciation of, §21.11
as exempt function assets, §15.1(c)
PF expenditure documentation policy on, Exh. 14.3
valuation of, §15.2(e)
Office facilities
as exempt function assets, §15.1(c)
for-profit corporate subsidiary sharing employees and/or, §22.3(c)
PF expenditure documentation policy on, Exh. 14.3
Office space
PF expenditure documentation policy on, Exh. 14.3
private foundations that share, §14.7(a)
Offshore hedge funds
analysis of, Exh. 182
reporting, §18.2(g)
Offshore investment reporting, §18.2(g)
of merchandise, §21.7(b), Exh. 21.4
Olympic Games, §5.5
Omnibus Budget Reduction Act (1993), §21.10(a)
$1,000 annual exemption, §21.11
On-way-street concept, §1.5(d)
Operational test [§501(c)(3)]
action organizations, §2.2(g)
amount of charitable expenditures, §2.2(b)
Annual Tax Compliance for Tax-Exempt Organizations––Short Form on, Exh. 19.3
business activity, §2.2(e)
charitable class, §2.2(a)
commensurate test, §2.2(d)
economic substance, §2.2(i)
feeders and the integral part test, §2.2(h)
governance, §2.2(k)
importance of sources of support, §2.2(f)
income accumulations, §2.2(c)
international activities, §2.2(i)
Internet use, §2.2(j)
study on four factors of IRS denials based on, §2.2(e)
tax-exempt qualification and examples of, §2.2
Operational test [§509(a)(3)(A)], §11.6
Orange County Agricultural Society, §21.3
Ordinary and necessary tax deductions, §21.11
Ordinary losses, §13.3(a)
Organ donor retrieval centers, §4.6(a)
Organizational changes reporting
classification of the organization, §18.5
fiscal or accounting year, §18.3(b)
Form 8940 for, §18.3(a)
IRC §509(a) class issues, §§11.5, 18.3(e)
using Forms 990, 990-PF, or 990–EZ for, §18.3
Organizational test (Form 1024), §7.1(a)
Organizational test of [§501(c)(3)]
Annual Tax Compliance for Tax-Exempt Organizations––Short Form on, Exh. 19.3
on charter, constitution, or instrument, §2.1(a)
description of the, §20.0
dissolution clause, §2.1(b)
inurement clause, §2.1(c)
limited liability companies (LLCs), §2.1(g)
political activities, §2.1(e)
private foundations, §2.1(f)
purpose clause, §2.1(d)
tax-exempt qualification using, §2.1
Organizational test of [§509(a)(3)(A)], §11.6
Organization Reference Chart, Exh. 1.1
Over-the-Counter Bulletin Board (OTCBB), §15.2(d)
Owens, Marcus S., §5.1(b)
Ownership
constructive, §16.1(d)
excess business holdings and corporate, §16.1(b)
P
Pan-American Games, §5.5
Park beautification groups, §6.2
Parking lot rental, 21.10(c)
Partnerships
as alternative to co-owning and self-dealing, §14.2(e)
excess business holdings in, §16.1(c)
interim and transition rules for investments in, §21.11
limited liability partnerships (LLPs), §22.2(a)
private foundations (PFs) income earned by, §13.1(g)
prudent vs. jeopardizing investments in, §16.2(b)
unrelated business income aspect of, §22.2(d)
unrelated income modification from, §21.10(g)
valuation of interest in a, §15.2(e)
See also Mergers and other combinations ; Relationships
Passive activity loss limitation, §21.11
Passive foreign investment companies (PFICs), §§13.1(h), 18.2(g)
Passive holding company, §16.1(a)
Passive investments, §10.4(a)
Patent gifts, §24.1(b)
Patent ownership, §5.3(a)
Patient Protection and Affordable Care Act, §§2.2(i), 4.6, 4.6(j)
Patients
actions that may be taken in event of nonpayment by, §4.6(j)
basis for amounts generally billed (AGB) to, §4.6(j)
hospital financial assistance policy (FAP) for, §4.6(j)
Patient Protection and Affordable Care Act, §§2.2(i), 4.6, 4.6(j)
See also Hospitals
Payroll deductions for donations, §24.2(b)
Payroll depository requirements, §25.3(e)
Pennsylvania Avenue Development Corporation, §10.1
Pension Benefit Guaranty Corporation (PBGC), §10.1, 21.5
Pension Protection Act of 2006 (PPA)
on disqualified persons (DPs), §12.1
on excess business holdings, §16.1
on exempt function assets, §13.2
impact on community foundations (CFs), §11.3(e)
on income subject to unrelated business income tax (UBIT), §13.1(a)
on social welfare organizations, §4.2(b)
Performing arts organizations, §5.1(g)
Peripheral religious activities, §3.1(c)
Personal services
different types of, §14.4
IRC §4941(d)(2)(E) on, §14.4
Phantom income, §13.3(b)
Physician clinics, §4.6(d)
Physician recruitment plans, §4.6(b)
Planned gifts, §24.1(d)
Plumstead Theatre Society case, §20.9
Political action committees (PACs)
business, trade, or professional associations, §8.12
corporate matching fund gifts to, §24.1(c)
IRC on exempt function for, §23.3(a)
IRS Forms to file to disclose contributions to, 23.3(d)
permissible involvement in, Exh. 23.1
segregated funds or, §23.3(c)
triumvirate of, §22.2(e)
See also Political organizations
Political activities
electioneering prohibition, §§5.1, 6.2(a), 23.1, 23.2(c)
exempt-status limitations to, §23.0
IRC §4955 imposing penalty tax on (c)(3) organization, §23.0
IRS Fact Sheet 2006–17 Prohibited Political Campaign Activities of EOs on, §23.3(e)
IRS guidance on, §23.3(e)
labor unions, §§7.1(d), 23.3(c)
organization test on, §2.1(e)
permissible PAC involvement, Exh. 23.1
political expenditures, §§23.1, 23.2(d), 23.3
voter education, §23.2
See also Lobbying
Political campaign activity
definition of, §23.1
electioneering prohibition, §§5.1, 6.2(a), 23.1
Political expenditures
definition of, §23.1
Forms 8871 and 8872 to disclose campaign contributions, §23.3(d)
mechanical test for lobbying costs, §23.5(b)
penalty tax and revocation on excess lobbying, §23.5(c)
penalty tax on (c)(3), §23.2(d)
tax on, §23.3
Political organizations
Annual Tax Compliance Checklist for §527 Political Organizations, Exh. 19.7
exempt activities focus on selection process, §23.3(a)
IRC §527 on taxing expenditures or net investment income of, §23.3(b)
IRC description of, §23.3(a), Exh. 1.1
qualified state or local political organization (QSLPO), §23.3(d)
See also Political action committees (PACs)
Political subdivisions
affiliates of, §10.3(g)
debate over interpretation of what constitutes, §10.3(d)
definition of, §10.2
income from a trust created by, §10.2
Indian tribal government as a, §10.2
sovereign powers of, §10.3(d)
Ponzi scheme losses, §13.3
Pooled income funds, §§11.3(a), 24.1(d)
Portfolio reports valuation method, §15.2(d)
Portland Golf Club case, §9.5(c)(e)
Power of appointment, §16.1(d)
Pre-grant inquiry, §17.6(a)
Pre-Grant Inquiry Checklist, Exh. 17.7
Prevention of cruelty to children or animal organizations, §5.6, Exh. 1.1
Primariness measure, §2.2(e)
Princeton's “male-only” social clubs case, §9.3(a)
Print publishing projects, §5.1(j)
Prison Industries, Inc., §4.3
Private business use (PBU), §5.4
Private colleges and universities, tax on, §13.8
Private foundation excise taxes
annually filed Form 990–N on, §11.1
Annual Tax Compliance Checklist for Private Foundations (PFs) on, Exh. 19.5
based on investment income, Ch.13
calculating the, §15.6(d)
Form 4720 Return of Certain Excise Taxes on Charities, §12.2(b)
historic background of, §13.0
imposed upon self-dealing cannot be abated, §14.10
paying the §4958 imposed, §20.10(h)
prohibition of PF paying excise taxes imposed on DP, §14.5(b)
tax-planning ideas, §13.5
of 20 percent of any taxable expenditure, §17.8
2 percent excise tax, §§13.0, 13.1(f)
when an organization loses tax-exempt status, §18.5
who pays for self-dealing penalty, §14.10(c)
See also Private foundation taxes
Private foundation grants
expenditure responsibility, §17.6
fiscal agents to an intermediary organization, §17.4(d)
going to public charities, §17.4
Grant Agreement, Exh. 17.5
Grant Approval Checklist for different organization types, Exh. 17.2
Grant Payment Transmittal Letter, Exh. 17.4
grants-in-aid programs, §17.3(c)
individual, §§15.4(f), 17.3
made on condition of PF name recognition, §14.5(e)
made to non-(c)(3) organizations, §17.6
to supporting organizations, §11.6(c)
Private foundations (PFs)
§509 distinguishing between public charities and, §§2.0, 11.1, Exh. 11.1
Annual Tax Compliance Checklist for Private Foundations (PFs), Exh. 19.5
Annual Tax Compliance Checklist for Private Foundation––Short Form, Exh. 19.6
application of taxes to certain nonexempt trusts, §12.3
Checklist for Alternative Investments of Tax-Exempt Organizations Including Private Foundations, Exh. 19.11
company scholarship plans, §17.3(e)(f)
comparing donor-advised funds (DAFs), supporting organizations, and, Exh. 11.4
conversion of public charity into, §12.4(g)
conversion of supporting organizations to, §11.6(e)
cumulative list of substantial contributions, Exh. 12.2
deductibility and disclosures, Ch. 24
disaster relief activities, §§2.2(a), 17.36(c), 24.1(a), 25.1(e)
dormancy of, §2.2(a)
excess business holdings of, §16.1
expenditure documentation policy of, Exh. 14.3
expense reimbursement policy of, Exh. 14.2
family members, §12.2(c)
foreign, §§12.4(a), 13.6
formula for taxable income, §13.1
foundation managers, §12.2(c)
gifts received by SOs from, §11.6(c)
government officials and, 12.2(c)
Grant Approval Checklist, Exh. 17.2
grant made on condition of name recognition, §14.5(e)
grants made to public charities from, §17.4
international activities of, §2.2(i)
IRC §4940(b) on taxable income of, §13.0
IRC description of, Exh. 1.1
IRS Publication 4221–PF Compliance Guide for 501(c)(3) Private Foundations on, §12.2
lending money to or borrowing from an insider, §20.6
mergers, §12.4(e)
minimum distribution requirement, §§2.2(b), 15.6
organization test applied to, §2.1(f)
other private foundations related to, 12.2(c)
partnerships of, §13.1(g)
penalties imposed on violations of sanctions, §12.1
property co-owned by disqualified person and, §14.2(d)
the reasons they are special, §12.1
self-dealing prohibition, §12.2(c), Ch.14
special deduction limitations for, §24.1(b)
special rules pertaining to, §12.2
special sanctions, §11.2(b)
split-interest trusts, §§11.5(c), 13.1(f)
substantial contributors, §12.2(c), Exh. 12.2
taxable expenditures under IRC §4945, Ch.17
thirty-five-percent-plus business, §12.2(c)
transfers to a public charity or between PFs, §12.4, Exh. 12.4
twenty percent owners, §12.2(c)
See also Disqualified persons (DPs) ; Exempt organizations (E0s) ; Foundations
Private foundation successor organizations, §17.6(c)
Private foundation taxes
due to failed termination, §12.4(d)
formula for taxable income, §13.1
tax attributes transferred to successor PF, Exh. 12.5
tax-planning ideas, §13.5
who pays for self-dealing penalty, §14.10(c)
See also Private foundation excise taxes
Private foundation termination
conversion into a public charity, §12.4(d)
conversion to a taxable entity, §12.4(f)
notifying the IRS under §507, §§12.4, 12.4(h)
60-month termination, §12.4(d)
transfers between private foundations, §12.4, Exh. 12.4
voluntary and involuntary, §12.4
Private operating foundations (POFs)
active charitable programs, §15.5(a)
adjusted net income, §15.5(e)
advantages and disadvantages of, §15.5(g)
application of qualifying distributions and carryovers, Exh. 15.1
compliance period, §15.5(f)
conversion to or from POF status, §15.5(h)
description of, §§12.2(a), 15.5
differences between public and, Exh. 1.1
grants to other organizations, §15.5(b)
individual grant programs, §15.5(c)
IRS “Adjustments of Excess Distribution Carryovers from Closed Years”, §15.6(a)
tests to qualify as a, §15.5(d)
Prizes made to individuals, §17.3(b)
Professional associations
comparison to §501(c)(5) organizations, §8.9
disclosures for lobbying and nondeductibility, §8.12
formation of related charitable organizations, §8.11
recognition of exempt status, §8.10
Professional sports leagues, §8.2
Professional standards review organizations (PSROs), §4.6(h)
Profit motive test, §§21.4(a), 21.11
Programs
grants-in-aid, §17.3(c)
IRS Form 990 inclusion of accomplishments of, §18.2(b)
loan, §15.4(f)
private operating foundations (POFs) active charitable, §15.5(a)
program-related investments [§4944(c)], §§13.2, 15.4(f), 16.3
self-sponsored charitable program expenditures, §15.4(f)
Program–related investments (PRIs)
as defined in IRC §4944(c), §13.2
grantee report on, §17.6(c)
grant terms specific to, §17.6(b)
how they are treated under IRC §4944(c), §16.3
made with low-profit limited liability company (L3C), §§1.7(d), 16.3
as qualifying distribution, §15.4(f)
record-keeping requirements for, §17.6
Progress and Freedom Foundation, §5.1
Property
co-owned by foundation and DP, §14.2(d)
debt-financed, §21.12
deduction amount as the fair market value (FMV), §24.1(b)
deduction for tangible personal, §24.1(b)
donation of indebted, §§14.3(a), 24.1(a)
estate administration exception to self-dealing, §14.9
exchanges or transfer of, §14.2(b)
fair market value (FMV) of, §§15.2, 20.5, 20.10(d)
furnishing or use of, §14.2(c)
gifts of patents and other intellectual property, §24.1(b)
held by fiduciaries, §14.9
investment asset of dual-use, §15.1(d)
purchase, lease, or sale of services or, §20.5
related business activity of sale of goods or merchandise, §21.7(b), Exh. 21.4
self-dealing prohibition related to, §14.2
30 percent limit for donated capital gains, §24.1(b)
transactions through agents, §14.2(a)
undoing self-dealing uses of, §14.10(a)
usual market place standard of donated, §24.1(b)
See also Assets ; Real estate
Proprietorships, §16.1(c)
“Prospective” method for AGB, §4.6(j)
Protecting Americans from Tax Hikes Act of 2015 (PATH Act), §6.2(a)
Proxy tax, §6.5(e)
Prudent investments
examples of jeopardizing and, §16.2(a)
prudent investor rules for, §16.2(a)
Pseudoreligious groups, §3.1(e)
Public charities
§509 distinguishing between private foundations and, §§2.0, 11.1, Exh. 11.1
bankruptcy, §26.2
ceasing to qualify as a, §18.3(e)
change in category due to support change, §11.5(e)
community foundations (CFs), §§2.2, 4.3, 11.3
conversion into a private foundation, §12.4(g)
conversion of private foundation into, §12.4(d)
conversion to a for-profit, §26.2(d)
deductibility and disclosures, Ch. 24
disaster relief activities, §§2.2(a), 17.3(c), 24.1(a), 25.1(e)
donative, §§11.2, 11.2(f), Exh. 11.3
dormancy of, §2.2(a)
facts-and-circumstances test, §11.2(g)
Grant Approval Checklist for PF grants to, Exh. 17.2
Grant Payment Transmittal Letter on grant going to, Exh. 17.4
grants made by private foundations to, §17.4
grants to those that lobby, §17.1(c)
intermediate sanctions for paying excess benefits to individuals, §12.1
international activities of, §2.2(i)
IRC description of different types of, §§11.0, 17.4(b), Exh. 1.1
PF grant made on condition of name recognition, §14.5(e)
relationship between organizations and category of, §22.1(b)
significance for tax exemption under §501(c)(3), §11.0
termination of, §26.3
testing for public safety §509(a)(4), §11.7
transfer of private foundation assets to a, §12.4(c)
unusual grants, §11.2(h)
See also Exempt organizations (E0s) ; Supporting organizations (SOs)
Public charities organizations [IRC §509(a)(1)]
change of public charity category, §11.2(e)
churches category of, §11.2(a)
college and university support organizations category of, §11.2(d)
definition of support, §11.5(a)
donations/grants not counted, §11.5(b)
donative public charities §170(b)(1)(a)(vi) category of, §11.2(f)
FASB standards impacting revenue recognition for grants, §11.2(g)
funds received as agent, §11.5(d)
governmental unit category of, §11.2(e)
hospitals and medical research organizations category of, §11.2(c)
“inherently public activity” and public support of, §11.2
loss of public status, §11.2(f)
schools category of, §11.2(b)
types of support, §11.5(c)
unusual grants, §11.2(h)
Public charities organizations [IRC §509(a)(2)]
change of public charity category, §11.2(e)
definition of support, §11.5(a)
differences between §501(a)(1) organizations and, §11.5
donations/grants not counted, §11.5(b)
FASB standards impacting revenue recognition for grants, §11.2(g)
funds received as agent, §11.5(d)
loss of public status, §11.2(f)
public charities with revenues from charges for exempt services, §11.0
service-providing organizations, §11.4
types of support, §11.5(c)
Public charity status
Annual Tax Compliance Checklist for §501(c)(3)Public Charity, Exh. 19.1
churches and, §§3.2(a), 17.4(b)
determination process of, §18.1(e)
loss of, §§11.5(f), 17.4(a)
maintaining exempt status, Ch.19
mergers and combinations, §26.1(a)
proof of, §17.4(a)
recognition of foreign organization, §17.5(a)
the reliance issue, §17.4(c)
tipping as being when PF grant causing loss of, §17.4(c)
2010 §501(c)(3) Public Charity Tax Preparer Checklist, Exh. 19.2
See also Exempt status
Public entertainment activities, §21.9(e)
Public facilities
examples of use that are not self-dealing, §14.7(b)
self-dealing related to private foundation, §14.7(b)
Public interest law firms (PILFs), §4.2(d)
Public safety testing, §§5.4, 11.7
Public support test, §11.3(d)
Publishing
commercial-quality publications (CQPs), §24.3(a)
controversial materials, §5.1(k)
print and electronic, §5.1(j)
Publishing organizations
advertising by, §21.15(a)
circulation income, §21.15(c)
commercial publication programs, §21.15(d)
exempt status of educational, §21.15
funding a first-grade reading program, §24.1(c)
readership versus ad lineage costs, §21.15(b)
Purpose clause (organizational test), §2.1(d)
Q
Quakers, §25.2(c)
Qualified appraisal report, §24.1(b)
Qualified appreciated stock, §§13.5(c), 24.1(b)
Qualified electing fund (QEF) election, §18.2(g)
Qualified fund-raising, §24.3(a)
Qualified scholarship payments, §25.1(e)
Qualified sponsorship payment, §21.8(e)
Qualified state or local political organization (QSLPO), §23.3(d)
Qualified State Tuition Programs (IRC §529), §§5.1(a), 10.2
Qualifying bingo games, §§21.8(j), 21.9(d), 24.4, 25.3(f)
Qualifying distributions
community foundation grants, §15.4(c)
controlled grantees and redistributions, §15.4(b)
definition of, §15.4
direct charitable expenditures, §15.4(f)
direct grants, §15.4(a)
distributions to foreign recipients, §15.4(e)
noncash and in-kind grants, §15.4(d)
set-asides, §15.4(g)
Qualifying ministers, §25.2(a)
Quality Auditing Company, §5.4
Quasi-governmental entities
disadvantages of §501(c)(3) status, §10.3(a)
qualifying for IRC §501(c)(3) status, §10.3
See also Governmental units
Quid pro quo contributions
charity auctions and raffles, §§24.2(c), 25.3(f), Exh. 24.2
disclosure rules, §24.2(c)
failure to disclose and reasonable cause exception, §§6714(b), §24.2(c)
failure to disclose tax penalty, §§6714(a), §24.2(c)
Quotation system valuation method, §15.2(d)
R
Race discrimination. See Discrimination
Raffle tickets, §24.2(c), Exh. 24.2
Real estate
distinguishing ordinary course of business vs. investment asset, §21.8(g)
donations of indebted property or, §§14.3(a), 24.1(a)
fair market value (FMV) of property and, §§15.2, 20.5, 20.10(d)
private foundation cannot buy or sell, §11.1
public and private foundations and appreciated, §11.1
purchase, lease, or sale of services or, §20.5
purchase of unimproved, §16.2(b)
redistributing donated property, §13.5(c)
self-dealing prohibition related to, §14.2
taxable rents from, §13.1(d)
tax for distributing, rather than selling, §13.5(a)
30 percent limit for donated capital gains, §24.1(b)
timber standing on, §21.10(b)
See also Assets ; Property
Real estate boards, Exh. 1.1
Real estate sales
capital gains of social club real estate, §21.10(b)
formula for calculating capital gains and losses in, §21.12(d)
purchase, lease, or sale of services or, §20.5
self-dealing prohibition related to, §14.2
social clubs, §9.5(h)
tax consequences of, §21.8(g)
tax on gain from the of, §13.2(b)
title-holding corporations (THCs), §10.4(a)
transactions through agents, §14.2(a)
See also Sales
“Reasonable, good-faith interpretation” standard, §21.11
Rebuttable presumption of reasonableness, §20.10(f)
Recoverable grants, §16.3
Recreational or hobby groups, §8.3(c)
Recreation clubs, Exh. 1.1
Redistributions
controlled grantees and, §15.4(b)
reporting issues, §15.4(b)
Redlands Surgical Services (RSS) case, §§4.6(a), 4.6(c)
Referral fees from online vendors, §21.8(j)
Reg. §1.103–1(b), §10.2
Reg. §1.170A–9(f)(6)(ii), §11.2(h)
Reg. §53.4942(b)-1(b)(2)(ii), §11.6(c)
Reimbursement of expenses
examples of nonreimbursable expenses, Exh. 14.2
policy for private foundations, Exh. 14.2
Related business activities, §21.7
Relationships
active business, §22.4
alliances with investors, §22.2
corporate subsidiaries, §§21.10(e), 22.3
joint ventures, §§20.9, 22.2(c)
See also Affiliates ; Partnerships
Religious and apostolic associations, §3.4, Exh. 1.1
Religious orders, §3.3
Religious organizations
IRC description of, Exh. 1.1
IRS Publication 1828 Tax Guide for Churches and Religious Organizations, §3.2
IRS Tax Guide for Churches and Religious Organizations, §25.2(b)
IRS Technical Advice Memo distinguishing between a church and, §3.2(b)
legal history of, §3.0
types of, §3.1
See also Churches
Religious organization types
examples of qualifying organizations, §3.1(b)
ideology or dogma not essential, §3.1(a)
peripheral religious activity, §3.1(c)
pseudoreligious groups, §3.1(e)
religious and apostolic associations, §3.4
religious orders, §3.3
secular groups, §3.1(d)
Rental income, §§13.1(d), 21.8(a), 21.10(c)
Request for Abatement Regarding Underdistribution, Exh. 15.2
Research income, §21.10(f)
Research or study grants, §§17.1(b), 17.3(d)
Restatement of the Law, Trusts: Prudent Investor Rule (ALI), §16.2(a)
Revenue
earned and unearned types of §501(c), §21.0
Form 990–EZ used for under $50,000 gross, §1.5
income accumulations, §§2.2(c), 10.4(b)
nonprofit character of expected, §1.5(c)
operational test of §501(c)(3) on sources of support, §2.2(f)
requirements for civic league, §6.4
social club tests for qualifying, §9.4
sources of business league, §8.5
See also Unrelated business income (UBI)
Revenue Reconciliation Bill (1993), §24.2(a)
Revenue-sharing arrangements, §20.10(e)
Revised Form 990 (Blazek), §21.11
Rev. Rul. 57–128, §10.3(e)
Rev. Rul. 60–384, §10.3(e)
Rev. Rul. 80–282, §23.2(b)
Rev. Rul. 97–21, §4.6(b)
Rev. Rul. 98–15, §4.6(c)
Reynolds v. United States, §3.0
Roman Catholic Church parish case, §24.1(a)
Royalties
licensing use of the organization's name, §21.8(c)
scientific research, §5.3(b)
taxable income from, §13.1(d)
unrelated business income modifications, 21.10(d)
See also Licensing
S
St. David's Health Care System, Inc., §4.6(c)
Salary. See Compensation
Sales
of art objects in museums, §14.6(c)
of goods and services on the Internet, §21.8(j)
related business activity of goods, §21.7(b), Exh. 21.4
See also Real estate sales
San Antonio Bar Association case, §8.4(b)
Sarbanes-Oxley Act, §20.10(c)
The Satanic Temple, §§3.0, 3.1(b)
Scholarship grants, §§17.3(b), 17.3(d)(e)(f), 25.1(e)
Schools
athletic and entertainment events, §21.7(c)
college and university compliance check, §5.1(a)
cooperative educational service organizations, §5.1(d)
day care centers, §5.1(c)
educational purpose of, §5.1(a)
IRS Form 5578 filed by, §§5.1(b), 18.2(c)
“noneducational” activities of, §5.1(a)
publisher funding a first-grade reading program in, §24.1(c)
“Qualified State Tuition Programs”, §5.1(a)
race discrimination prohibition, §5.1(b)
“regular” elements of, §5.1(a)
travel tours by, §21.14
Scientific organizations
IRC description of, Exh. 1.1
scientific purposes of, §5.3
testing for public safety, §5.4
Scientific purposes
combined educational and, §5.3(a)
description of, §5.3
research in the public interest, §5.3(a)
Scientific research
charitable organizations engaging in, §5.4
commercialization of results, §5.3(b)
in the public interest, §5.3(a)
royalty exclusion, §5.3(b)
special UBI exclusions, §5.3(b)
three components of, §5.3(a)
S corporations, §21.10(g)
Seasonal unrelated business activities, §21.6(b)
Self-dealing corrections
defining amount involved, §14.10(b)
excise tax imposed cannot be abated, §14.10
stock redemptions and other permitted dealings, §14.10(b)
tax is calculated as of date of transaction, §14.10(b)
undoing the transactions, §14.10(a)
unreasonable compensation, §14.10(a)(b)
uses of property by a DP, §14.10(a)
who pays for penalty tax, §14.10(c)
Self-dealing transactions
Annual Tax Compliance Checklist for Private Foundations (PFs) on, Exh. 19.5
banks fees, §14.4(e)
commissions, §14.4(c)
compensation, §14.4, 14.10(a)
Compensation of Disqualified Person Checklist, Exh. 14.1
definition of, §14.1
definition of reasonable in context of, §14.4(a)
donation of indebted property, §§14.3(a), 24.1(a)
double jeopardy in case of, §16.4(d)
exceptions provided in regulations, §14.1(c)
exchanges, §14.2(b)
expenditure documentation policy of private foundations, Exh. 14.3
expense reimbursement policy for private foundations, Exh. 14.2
“family offices” and sharing space, people, and expenses, §14.7
furnishing or use of property, §14.2(c)
historic effort to prevent, §14.0
indirect acts of, §§14.8, 9
interest-free loans, §14.3(b)
intermediate sanctions connection, §14.4(b)
loans and, §14.3
partnerships alternative to co-owning, §14.2(e)
payments to government officials, §14.6
private foundation transfers are not, §12.4(e)
prohibition for private foundations, 12.2(c)
property held by fiduciaries, §14.9
sale, exchange, or lease of property, §14.2
statutory exceptions, §14.1(b)
statutory language on, §14.1(a)
transactions that benefit, §14.5
transactions through an agent, §14.2(a)
See also Inurement prohibition
“Self-declarers” organizations, §18.1(c)
Self-defense lobbying, §17.1(a)
Self-employment taxes, §25.2(b)
Self-sponsored charitable program expenditures, §15.4(f)
Senior citizen center, §15.5(a)
Service-providing organizations
description of, §11.4
difference between §509(a)(1) organizations and, §11.5
Services
cooperative efforts and, 21.8(b)
deduction for personal, §24.1(b)
grant management, 21.8(b)
provided to an affiliated organization, 21.8(b)
provided to an unrelated nonprofit, 21.8(b)
revenue produced on the Internet, §21.8(j)
unrelated business income from, §§20.8, 21.8(b)
See also Goods; Member services
Set-asides
failure to distribute minimum amounts, §15.4(g)
full-payment period minimum amount, §15.4(g)
for future POF projects, §15.5(a)
as qualifying distributions, §15.4(g)
start-up period minimum amount, §15.4(g)
type 1–suitability test, §15.4(g)
type 2–cash distribution test, §15.4(g)
Sewing machine manufacturer donations, §24.1(c)
The Shakers, §3.4
Short-term capital gains, §§21.10(b), 24.1(b)
Sierra Club, §§6.1(d), 21.10(d)
Sierra Club Legal Defense Fund, §6.1(d)
“Silo” rule, §21.11
Single-entity test, §11.3(a)
60-month termination of private foundation, §12.4(d)
Smiller, Steve, §2.2(k)
Social club members
classes of membership, §9.3(b)
company memberships, §9.3(c)
direct inurement to members, §9.2(b)
discrimination against individual, §9.3(a)
inurement from nonmember revenues, §9.2(a)
inurement prohibited, §9.2
requirements for, §9.3
subterfuge clubs, §9.3(d)
Social club organizations
examples of qualifying and nonqualifying clubs, §9.1(b)
PF grant made to, §17.6
purpose clause and activities, §9.1(a)
Social club revenue
aggregating nonmember activities, §9.5(f)
charitable set-asides, §9.5(g)
how to measure profit motive, §9.5(e)
sale of real estate, §9.5(h)
tests related to, §9.4
unrelated business income tax (UBIT), §9.5
Social club revenue tests
failing the test, §9.4(b)
gift tax for club gifts, §9.4(c)
qualifying, §9.4
35/15 test, §9.4(a)
Social clubs
capital gains from sale of real estate used by, §21.10(b)
filing and disclosure requirements, §9.6
IRC §501(c)(7) definition and tax attributes of a, §9.0, Exh. 1.1
member inurement prohibited, §9.2
membership requirements, §9.3
nonmember losses, §9.5(c)
organizational requirements and characteristics, §9.1
revenue tests, §9.4
unrelated business income tax (UBIT), §9.5
Social issues research
making available results test, §17.1(b)
sponsoring nonpartisan study of, §17.1(b)
Socially conscious investments (SCIs), §16.3
Social Security taxes
IRC Student FICA exception, §25.1(e)
ministers exempt from, §25.2(b)
withholding requirements, §25.3(b)
Social welfare
by charitable organizations, §4.2
IRC §501(c)(4) civic organization promoting, §§6.0, 18.1
IRC description of organizations promoting, Exh. 1.1
organizations that exclusively promoting, §§6.0, 6.2(a)
Social welfare organizations
affiliated (c)(3) and (c)(4), §6.1(d)
comparing §501(c)(3) and §501(c)(4), §6.1
credit counseling and mortgage assistance, §4.2(b)
disclosures of nondeductibility, §6.5
economic development corporations (EDCs), §4.2(c)
low-income housing projects (PILFs), §4.2(a)
public interest law firms, §4.2(d)
Sorority/fraternity educational foundations
§5.1(f)
PF grant made to, §17.6
Sovereign powers of political subdivisions, §10.3(d)
Special 30 percent limit, §24.1(b)
Special private foundation deduction limitations, §24.1(b)
Spin-off organizations, §22.0
Split-interest trust gifts, §§11.5(c), 13.1(f), 24.1(d)
Sponsorships
qualified sponsorship payment, §21.8(e)
revenue from, §21.8(e)
substantial return benefit of, §21.8(e)
use or acknowledgement of sponsor's name and logo, §21.8(e)
Sports competition organizations
amateur sports competition, §§5.5, 6.2, Exh. 1.1
professional sports leagues, §8.2
State chartered credit unions, Exh. 1.1
State-sponsored organization providing health coverage for high-risk individuals, Exh. 1.1
State-sponsored workers' compensation reinsurance organizations, Exh. 1.1
Stocks
examples of jeopardizing investments, §16.2(b)
FIFO (first-in, first-out) method to track basis for tax, §13.2(a)
Over-the-Counter Bulletin Board (OTCBB) trade of, §15.2(d)
private foundation limited two percent of voting, §16.1(b)
qualified appreciated, §§13.5(c), 24.1(b)
valuation of readily marketable securities and, §15.2(d)
Student FICA exception, 25.1(e)
Student housing, §§5.1(a), 25.1(e)
Student workers, 25.1(e)
Study or research grants, §§17.1(b), 17.3(d)
Subchapter S interests, §21.10(g)
Subordinate nonprofits
exempt status of, §18.1(c)
Form 990 to be filed by, §18.2(f)
Subsidiaries. See Corporate subsidiaries
Substantial contraction, §26(b)
Substantial contributors (private foundations), §12.2(c), Exh. 12.2
“Substantially related” business activities, §21.7
Substantial-part test, §§23.4(a), 23.5(a)
Substantial return benefit of sponsorship, §21.8(e)
Substantiation rules for donations, §24.2(b)
Suitability for tax-exempt status checklist, Exh. 1.2
Supplemental unemployment benefit trusts, Exh. 1.1
Support
business donations, §11.5(c)
change of public charity category due to change in, §11.5(e)
differences between §509(a)(1) and §509(a)(2) organizations in, §11.5(a)
§509(a)(1) and §509(a)(2) organizations differences in, §11.5(a)
government grants, §11.5(c)
individual contributions, §11.5(c)
membership fees, §11.5(c)
Supporting organizations (SOs)
attentiveness of, §11.6(c)
of business, trade, or professional associations, §8.11
ceasing to qualify under §509(a)(3) as a, §18.3(e)
certification of status as Type I, II, or III, Exh. 17.3
change in category due to support change, §11.5(e)
comparing donor-advised funds (DAFs), private foundations, and, Exh. 11.4
control by disqualified persons, §11.6(d)
control test of §509(a)(3)(B), §11.6
conversion to private foundation, §11.6(e)
description of, Exh. 17.3
distribution requirement, §11.6(c)
distributions to, §17.4(a)
excess holdings of nonfunctionally integrated, §16.1
grants given to non-functionally integrated, §17.6
grants to IRC §509(a)(1) and §509(a)(2) from, §11.5(c)
group insurance payments shared by PFs, DPs, and, §14.7(a)
integral part test on, §11.6(c)
intermediate sanctions imposed on, §11.6(g)
IRC §509(a)(3) test on, §1.7(a)
IRS approval for PF grant to, Exh. 17.2
IRS “Supporting Organization Reference Guide” on, §11.6
noncharitable beneficiaries, §11.6(f)
operational control relationship tests, §11.6(c)
organizational test of §509(a)(3)(A), §11.6
potential promoters, §11.6
procedural issues, §11.6(h)
purpose clause, §11.6(a)
receiving gifts from private foundations, §11.6(c)
relationship requirement under §509(a)(3)(B), §§11.6, 11.6(c)
representation of status, Exh. 17.3
requiring heightened scrutiny, §11.6
responsiveness test, §11.6(c)
specified public charities, §11.6(a)
stock/non-liquid investments/assets that do not produce income, §11.6
33 1/3 percent support formula, §§11.2f, 12.4(g)
Type I operated, supervised, or controlled by, §§11.6(b), 11.6(c), 16.1, Exh. 17.3
Type II supervised or controlled by, §§11.6(b), 11.6(c), 16.1, Exh. 17.3
Type III operated in connection with, §§11.6(b), 11.6(c), 16.1, Exh. 17.3
unreasonable compensation/loans, §11.6
See also Public charities
Support test of POFs, §15.5(d)
Supreme Court
Bob Jones University v. United States , §§3.0, 5.1(h)
definition of a church by the, §3.2(b)
Goldsboro Christian Schools v. United States, §3.0
Portland Golf Club, §9.5(c)(e)
Reynolds v. United States, §3.0
See also Tax Court
Synanon Church case, §18.5
T
Tangible personal property deduction, §24.1(b)
Tax abatement
excess business holdings, §16.1(g)
of the §4958 excise tax due to excess benefits, §20.10(h)
for jeopardizing investments penalty, §16.4(c)
for PF failure to make required distributions, §15.6(e)
Request for Abatement Regarding Underdistribution, Exh. 15.2
Taxable expenditures
Annual Tax Compliance Checklist for Private Foundations (PFs) on, Exh. 19.5
compensatory payments and scholarships, fellowships, prizes), §§17.3()–(f), 24.1(a), 25.1(e)
disaster relief and grants-in-aid programs, §§2.2(a), 17.3(c), 24.1(a), 25.1(e)
excise taxes of 20 percent of any, §17.8
expenditure responsibility grants, §17.6
grants to foreign organizations, §§17.5, 17.6(b)
grants to individuals, §15.4(f), 17.3
lobbying and related activities, §17.1
noncharitable expenditures, §17.7
as prohibited PF transactions under IRC §4945, §§12.2(b), 12.4(e), Ch.17
sample attachment to Form 4720, Exh. 17.12
voter registration drives, §2.1(e), 17.2
Taxable income
acquisition indebtedness used to calculate, §13.1(h)
allocating expenses, §21.11
allocation of expenses, §21.11
calculating and minimizing, §21.11
Form 990–T, §21.11, Exh. 21.6
net operating losses (NOLs), §21.11
$1,000 annual exemption, §21.11
passive activity loss limitation, §21.11
of political organizations as defined by IRC §527, §23.3(b)
profit motive, §§21.4(a), 21.11
Tax attributes
for §§501(c)(2),(3),(4),(5),(6),(7) organizations, Exh. 1.4
of mergers and combinations, §26.1(a)
of social clubs, §9.0, Exh. 1.1
transferred from PF to successor PF, Exh. 12.5
Tax Court
American Campaign Academy, §2.1(e)
Ark Environmental Foundation U.S., Inc., §2.2(e)
Brnach Ministries, §23.1(b)
Caracci case, §20.5
Colorado State Chiropractic Society , §2.1(a)
Columbia Park and Recreation Association (CPRA), §6.1(e)
on determining unrelated income should be taxed, §21.2
Foundation of Human Understanding, §3.2(b)
Great Kansas City Community Foundation, §2.2
IRS General Counsel Memorandum (GCM) response to Synanon Church case, §18.5
licensing treated as royalty payment by, §21.10(d)
National College Athletic Association (NCAA) case, §§21.6(a), 21.8(d), 21.8(h)
National Education Association (NEA), §21.15(c)
The Nationalist Movement (TNM), §§5.1, 5.1(k)
New Faith, Inc., §2.2a
Quality Auditing Company, §5.4
Redlands Surgical Services (RSS) , §§4.6(a), 4.6(c)
sharing computer database technology to nonprofits sanctioned by, §21.8(b)
trade or business defined by, §21.4
United Cancer Council, Inc. (UCC), §§2.2(d), 20.1(a)
Wayne Baseball, Inc., §5.5
Westward Ho , §2.2(a)
Zemurray Foundation , §13.2(b)
See also Supreme Court
Tax Cuts and Jobs Act (2018), §§10.2, 13.1(h), 13.2(b), 13.8, 20.0, 20.10(j), 21.11
Taxes
alternative minimum, §21.11
comparison of attributes for §§501(c)(2),(3),(4),(5),(6),(7), Exh. 1.4
employment, Ch.25
on excess business holdings, §16.1(g)
FIFO (first-in, first-out) method to track basis for stock, §13.2(a)
formula for taxable income of PFs, §13.1
fund-raising and related, §24.0
individual grant programs and reporting income, §17.3(d)
ordinary and necessary deductions, §21.11
on passive foreign investment companies (PFICs), §13.1(h)
on political expenditures, §23.3
private foundation termination, §12.4
proxy, §6.5(e)
on split-interest trusts, §§12.3, 13.1(f)
tax attributes transferred to successor PF, §12.4(e), Exh. 12.5
unemployment, §25.3(c)
U.S.–Canadian tax treaty and, §13.6
on wholly charitable trust, §12.3
See also Excise taxes ; Income taxes
Tax-exempt grantors, §24.2(b)
Tax Hikes Act (2015), §18.1(c)
Tax penalties
abatement for excess business holdings, §16.1(g)
abatement for PF failure to make required distributions, §15.6(e)
on (c)(3) political expenditures, §23.2(d)
for excess lobbying expenditures, §23.5(c)
failure to file employment tax information return, §25.3(a)
for failure to meet quid pro quo contributions, §24.2(c)
jeopardizing investments, §16.4
Request for Abatement Regarding Underdistribution, Exh. 15.2
who pays for self-dealing PF, §14.10(c)
Tax-planning ideas
distributing, rather than selling, property, §13.5(a)
investment income, §13.5
qualification for 1 percent tax rate, §13.5(b)
redistributing donated property, §13.5(c)
Tax Reform Act (1986), §§4.2(a), 4.6(f)
Tax reporting year, §13.4(d)
Tax withholding requirements
backup withholding, §25.3(d)
Employer Tax Requirements Checklist, Exh. 25.4
for exempt organizations, §25.3(b)
nonresident aliens, §25.3(d)
payroll depository requirements, §25.3(e)
Social Security taxes, §§25.1(e), 25.2(b), 25.3(b)
unemployment tax, §25.3(c)
withholding for bingo, raffles, and other contests, §25.3(f)
Teachers' retirement fund associations, Exh. 1.1
Teacher training program, §15.5(a)
Teaching fellowships, §§17.3(b), 25.1(e)
Televised athletic events, §21.7(c)
Tenants' association, §6.2
Tenuous or incidental benefit, §14.5(e)
Terminations of exempt organizations
overview of process, §26.3
partial liquidation or major disposition of assets, §26(b)
when no special filings are required, §26(a)
Testamentary trusts, §1.7(b)
Testing for public safety, §5.4
Testing for public safety organizations, Exh. 1.1
Texas Charitable Immunity and Liability Act (1987), §1.7(a)
Theft losses, §13.4(c)
Third-tier tax, §12.4(a)
30 percent limit
for capital gain property, §24.1(b)
for gifts, §24.1(b)
33 1/3 percent support formula, §§11.2f, 12.4(g)
35/15 revenue test for social clubs, §9.4
Thirty-five-percent-plus business (private foundations), §12.2(c)
Timber (standing on real estate), §21.10(b)
Tipping (loss of public status), §17.4(c)
Title-holding corporations (THCs)
connection to beneficiary organization, §10.4(a)
description of, §10.4, Exh. 1.1
a IRC §501(c)(2), §10.4
a IRC §501(c)(25), §10.5
organizational and operational requirements, §10.4(a)
reasons to form a, §10.4(c)
restrictions on activity, §10.4(a)
or trusts with multiple parents, §10.4, Exh. 1.1
Trade associations. See Boards of trade
Trade or business. See Unrelated business activities
Trade shows
disqualifying services to individual members, §8.4(b)
as unrelated business activity exception, §21.9(e)
virtual, §21.9(e)
Transportation
and parking fringes, §21.11
traveling expenditures, §17.3(a), Exh. 14.2
Traveling expenditures
grants made to individuals for, §17.3(a)
reimbursement for, Exh. 14.2
Travel tours, §21.14
Treasury Department
backup withholding system, §25.3(d)
enhanced scrutiny of foreign organizations suggested by, §13.6
intention to revise responsiveness test by, §11.6(c)
interest in collecting taxes from independent contractor, §25.0
proposed regulations changing public support computation for organizations, §11.3(e)
Treasury Inspector General for Tax Administration (TIGTA), §§4.6(j), 6.2(a)
Triumvirate of organizations, §22.2(e)
Trusts
charitable lead, §24.1(d)
charitable remainder, §24.1(d)
charitable remainder annuity trust (CRAT), §24.1(d)
charitable under §4947(a)(1), §1.7(b)
comparison of Form 990–T reporting for corporation vs., Exh. 21.6
estate administration exception to self-dealing, §14.9
excess business holdings in, §16.1(c)
inter vivos (“among the living”), §1.7(b)
split-interest, §§12.3, 13.1(f)
taxable income from distributions, §13.1(f)
testamentary, §1.7(b)
wholly charitable, §12.3
Tuition and fees, §25.1(e)
2010 §501(c)(3) Public Charity Tax Preparer Checklist, Exh. 19.2
Twenty percent owners (private foundations), §12.2(c)
Two percent gifts (donative public charities), §11.2f
Type I supporting organizations (SOs)
certificate of status, Exh. 17.3
excess business holdings, §16.1
operational control relationship tests, §11.6(c)
specified public charities rules for, §11.6(b)
Type II supporting organizations (SOs)
certificate of status, Exh. 17.3
excess business holdings, §16.1
operational control relationship tests, §11.6(c)
specified public charities rules for, §11.6(b)
Type III supporting organizations (SOs)
certificate of status, Exh. 17.3
excess business holdings, §16.1
new limitations on grants to, Exh. 17.3
operational control relationship tests, §11.6(c)
specified public charities rules for, §11.6(b)
U
Unemployment tax, §25.3(c)
Unified Registration Statement (URS), §24.5
Uniform Management of Institutional Funds Act (UMIFA), §16.2(a)
Uniform Prudent Investor Act (UPIA), §16.2(a)
Uniform Prudent Management of Institutional Funds Act (UPMIFA), §16.2(a)
Unincorporated associations, §1.7(c)
United Cancer Council, Inc. (UCC), §§2.2(d), 20.1(a)
United Methodist Church, §25.2(a)
United States Catholic Conference, §3.2(c)
United States Housing Authority, §10.1
United Way, §§11.2, 18.4(c)
United Way of Southeastern Pennsylvania (UWSP) case, §11.5(d)
Universities. See Colleges and universities
Unrelated business activities
agency theory applied to “look through”, §21.8(h)
Commerciality Test Checklist, Exh. 21.1
commerciality test of, §21.4(b)
definition of trade or business, §21.4
the exceptions, §21.9
exclusive marketing agreements/covenants not to compete, §21.8(i)
fragmentation rule, §21.4(c)
irregular or intermittent, §21.6
profit motive test of, §21.4(a)
“regularly carried on”, §21.6, Exh. 21.3
seasonal, §21.6(b)
sponsorships, §21.8(e)
“substantially related,” §21.7
See also Business activities
Unrelated business activity exceptions
bingo games, §§21.8(j), 21.9(d), 24.4, 25.3(f)
convenience of members, students, patients, or employees, §21.9(c)
donated goods, §21.9(b)
entertainment, conventions, and trade shows, §21.9(e)
Indian tribes, §21.9(f)
low-cost articles, §21.9(g)
mailing lists, §21.10(h)
volunteers, §21.9(a)
Unrelated business income modifications
capital gains, §21.10(b)
dividends and interest, §21.10(a)
partnerships and S corporations, §21.10(g)
rental income, §§13.1(d), 21.8(a), 21.10(c)
research income, §21.10(f)
royalties, §21.10(d)
subsidiary payments, §21.10(e)
Unrelated business income tax (UBIT)
business league activities subject to, §4.5
calculating and minimizing, §21.11
debt-financed property, §21.12
exclusion from excise tax of income subject to, §13.1(a)
Form 3115 to change method for reporting, §13.4(d)
the history of the, §21.2
keeping good records for accurate, §21.0
social clubs, §9.5
See also Income taxes
Unrelated business income (UBI)
advertising s, §21.8(d), Exh. 21.5
alliances with investors and aspect of, §22.2(d)
Annual Tax Compliance Checklist––Unrelated Business Income, Exh. 19.8
calculating and minimizing taxable income, §21.11
Checklist for Tax and Accounting Issues for Grants and Contributions Received, Exh. 19.12
Colleges and Universities Compliance Project Final Report (2013) on, §18.4(e)
components of, Exh. 21.2
consequences of receiving, §21.3
cooperative service organizations, 21.8(b)
definition of, §21.5
definition of trade or business, §21.4
exploitation and fragmentation issues of, §21.11
fund-raising and aspects of, §24.4
group insurance programs, §21.8(f)
income modifications of, §21.10
IRC §513(c) on, §21.4
IRS scrutiny of, §21.1
real estate, §21.8(g)
rentals, §21.8(a)
revenue produced on the Internet, §21.8(j)
royalties from licensing organization's name excluded from, §21.8(c)
service revenue classified as, §§20.8, 21.8(b)
sponsorships, §21.8(e)
See also Income ; Revenue
Unrelated business taxable income tax (UBTI)
Form 990–T to report income subject to, §§9.6, 13.4(d)
hedge fund investments and, §13.1(h)
interim and transition rules for partnership investments, §21.11
“reasonable, good-faith interpretation” standard, §21.11
rebates eligible for exclusion from, §2.2(j)
reporting it on Form 990–T, §18.2(g)
“silo” rule effective January 1, 2018, §21.11
transportation and parking fringes, §21.11
See also Income taxes
Unrestricted funds of community funds, §11.3(a)
Unusual grants
Form 8940 submitted for approval of, §11.2(h)
under Reg. §1.170A–9(f)(6)(ii), §11.2(h)
Urban Institute's National Center for Charitable Statistics (NCCS), §24.5
User groups, §8.3(a)
U.S. Partnership Return of Income (Form 1065), §3.4
Usual market place standard, §24.1(b)
U.S.–Canadian tax treaty, §13.6
V
Venture funds (prudent vs. jeopardizing investments), §16.2(b)
Veterans organizations, §6.2, Exh. 1.1
Virtual mergers, §26.1
Virtual trade shows, §21.9(e)
Voluntary donor disclosures, §24.2(c)
Voluntary employees' beneficiary associations (VEBAs)
IRC description of, Exh. 1.1
social clubs, §9.4(c)
title-holding corporations (THCs), §10.4(a)
Voluntary termination of private foundations, §12.4
Volunteer fringe benefits, §25.1(d)
Voter education
candidate promotion versus, §23.2
description of, §23.2(a)
examples of permissible political and, §23.2(b)
impermissible electioneering examples, §23.2(c)
Voter registration
conducting drives for, §17.2
nonpartisan, §2.1(e)
W
W-2 Form, §18.2(c)
W-3 Form, §18.2(c)
Wash sales, §13.2
Wayne Baseball, Inc., §5.5
Westward Ho case, §2.2(a)
Where Is My Exemption Application? (IRS website), §18.1(a)
Whole life insurance policy
as a jeopardizing investment, §16.2(b)
valuation of, §15.2(e)
Withdrawal liability payment funds, Exh. 1.1
Women's leagues, §8.2
World Family Corporation case, §20.3(c)
www.guidestar.org , §§10.3(a), 17.4(a), 18.2
Z
Zemurray Foundation case, §13.2(b)
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