Last last month, the Department of the Treasury released its Priority Guidance Plan for the fiscal year beginning October 1, 2026. The plan begins by identifying key areas, including “guidance addressing tax exempt organizations.” Following through on that identification, the plan lists the following projects of particular interest to tax-exempt nonprofit organizations:
- Regulations under §25F on the income tax credit for contributions of individuals to scholarship granting organizations. Temporary regulations and proposed regulations were published on October 2, 2026.
- Final regulations regarding the application of the fundamental public policy against racial discrimination, including consideration of recent caselaw, in determining the eligibility of private schools for recognition of tax-exempt status under §501(c)(3). Proposed regulations were published on September 4, 2026.
- Guidance on the statutory prohibition in §501(c)(3) against participation or intervention in political campaigns (the “Johnson Amendment”).
- Guidance revising Rev. Proc. 2026-08 for certain types of group exemption letters.
- Regulations under §4945 regarding expenditure responsibility requirements.
- Regulations under §4960 regarding excess compensation paid by applicable tax-exempt organizations, including the expanded definition of “covered employee.”
- Guidance under §§4966 and 6033 regarding certain donor advised fund arrangements. Proposed regulations under §4966 were published on November 14, 2023.
- Regulations under §4968 regarding excise tax based on investment income of certain private colleges and universities.
- Guidance under §6033 regarding exempt organization information reporting requirements, including with regard to fiscal sponsorship arrangements.
- Final regulations concerning the reporting of charitable contributions of trusts under §6034. Proposed regulations were published on August 17, 2026.
- Regulations under §6104 regarding the place for public inspection of materials relating to tax-exempt organizations, pensions, and other plans.