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In the veritable blizzard of this year’s end-of-term Supreme Court rulings – which is not over yet – is a significant First Amendment/religious liberty case:  Espinoza v. Montana Department of Revenue, (full text).  Handed down on Tuesday, June 30, 2020, the decision was a 5-4 win from the right-wing of the Court.  Simply put, “religious schools should have the same access to scholarships and funds as other private schools….”  Chief Justice Roberts…
For many decades, affiliated nonprofit organizations have enjoyed the “administrative convenience” offered by the Internal Revenue Service’s special group exemption procedures. While the program will continue, there are important changes on the horizon; the 4,000 or so “parent” groups in the United States and their more than 440,000 “subordinates” should know about and understand them.  On May 1, 2020, the IRS issued Notice 2020-36, unveiling a proposed new revenue procedure to supersede…
For the past two and a half years, there’s been a rollercoaster ride of confusion and controversy about whether some or all nonprofits must disclose their donors’ identities.  Recently, the Treasury and IRS published a set of final regulations that end this uncertainty – or does it? Experts predict that either litigation or legislation turn this issue on its head once again.     Donor Disclosure: Dark-Money Problem Last fall, when the government posted the proposed…
Remote work is among the many adjustments that employers – including nonprofits – have had to make during the COVID-19 pandemic. The emergency has resulted in an abrupt switch for most or all of the employees, which includes making sure that everyone in the workforce has needed hardware, software, and internet and phone connectivity.  California is among the jurisdictions that initiated early and mandatory stay-at-home orders for a large portion of the population and economy.…
[June 5, 2020] Among the many adjustments that employers – including nonprofits – have had to make during the COVID-19 pandemic is the abrupt switch to remote work for some or all of their employees. That includes making sure that everyone in the workforce has needed hardware, software, and internet and phone connectivity.  California is among the jurisdictions that initiated early and mandatory stay-at-home orders for a large portion of the population and economy. There…
Back in the waning days of 2019, we alerted you to a troubling development in the tech world: The regulation of the dot.ORG domain-name assignments was being removed from a nonprofit entity and sold to a for-profit group. See Your Dot ORG Domain May Soon Cost More (December 4, 2019). The secretive and highly irregular back story to this move raised blaring alarms and red flags for the tech and nonprofit worlds once they got…
Over the past week, the House of Representatives and Senate passed the Paycheck Protection Program Flexibility Act and the bill awaits the President’s signature. The bill provides borrowers with additional flexibility and time to use PPP loan funds and still have the loan forgiven. Borrowers will now have 24 weeks from the disbursement of their loan to use the PPP funds. The bill also creates increased flexibility in reducing the amount of loan money that…
In the final weeks of 2017, there was a frenzy of activity on Capitol Hill. The GOP leadership and the White House were laser-focused on overhauling the federal tax code by the Christmas recess.  Along the way, they skipped a number of the usual niceties: thoughtful drafting, committee hearings, bipartisan debate and consideration – to name a few. Indeed, the Tax Cuts and Jobs Act of 2017 (TCJA ‘17) was all so rushed that “[m]any…
By the third week of March 2020, governments at all levels had begun to respond to the many questions and issues raised by the COVID-19 emergency, including – most notably – the curtailment or suspension of operations and activities by individuals and entities on account of new stay-at-home orders  and recommendations. The necessary federal emergency declaration under the Robert T. Stafford Disaster Relief and Emergency Act was made in mid-March. The Internal Revenue Service then…
Now, more than at any time in many decades, the government – at all levels – will play a key role in our lives. There are, and will continue to be, different laws and rules as well as conflicting messages. The system of federalism – which allocates authority and power between the federal government and the states – will be tested as never before. READ MORE The post COVID-19 Federal Legislation appeared first on For