On Friday, November 12, Governor Hochul signed S4817A, repealing certain recently enacted amendments to N.Y. Exec. Law § 172-b that (a) imposed duplicative and burdensome filing requirements on charitable organizations and (b) required public disclosure of previously confidential information
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Tax-Exempt Organizations Bulletin
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NASCO Publishes Survey of State Laws Governing Registration of Charities
The National Association of State Charity Officials (“NASCO”) recently published the Survey of State Laws Governing Registration of Charities as of July 2021. In general, prior to soliciting donations from the residents of any state, and, in some cases, simply…
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New York Charities Bureau Suspends Schedule B Collection
Effective July 30, 2021, the New York Attorney General’s Charities Bureau has suspended its collection of Schedule B to IRS Form 990 while it reviews possible amendments to its forms, policies, or procedures that may be necessary in order to…
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Senate Bill Proposes Revisions to Rules Governing Donor Advised Funds and Private Foundations
By Jessica Levy
On June 9, 2021, U.S. Senators Angus King (I-Maine) and Chuck Grassley (R-Iowa) introduced the Accelerating Charitable Efforts Act (the “Act”) which, if adopted, would revise current laws dictating the pace and transparency of resources flowing from private foundations and…
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Supreme Court Holds California’s Donor Disclosure Law Facially Unconstitutional
By Jessica Levy
Americans for Prosperity Foundation v. Bonta, No. 19-251, consolidated with Thomas More Law Center v. Bonta, No. 19-255. The Court’s opinion is available here.
On July 1, 2021, the Supreme Court held (6-3) that California’s requirement that charities operating…
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New York State Legislature Passes Bill to Repeal Burdensome Filing Requirements for Nonprofits
By Jessica Levy
The New York State Assembly and Senate have passed A1141A/S4817A, a bill to repeal certain recently enacted amendments to N.Y. Exec. Law § 172-b, which, effective January 1, 2021, (a) imposed duplicative and burdensome filing requirements on…
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IRS Publishes Final Regulations Regarding UBTI “Silos”
As described in our previous blog post, Code § 512(a)(6), which was enacted in 2017 as part of the Tax Cuts and Jobs Act (the “Act”), provides that, in the case of an organization with more than one unrelated…
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IRS Issues Statement Regarding Premature Revocation Notices
On March 13, 2020, an emergency declaration was issued authorizing the Secretary of the Treasury to provide relief from certain tax deadlines for taxpayers impacted by the ongoing COVID-19 epidemic. In response, the Internal Revenue Service (IRS) postponed the deadlines…
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SBA Issues New Guidance on PPP Loan Forgiveness
The Small Business Administration (“SBA”) has recently issued guidance regarding forgiveness of Paycheck Protection Program (“PPP”) loans authorized under the March 27, 2020 Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), as amended by the Paycheck Protection Program Flexibility…
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NY Charities Bureau Issues Guidance for Nonprofits Conducting Virtual Meetings of Members
As discussed in our previous blog post, on April 16, 2020 New York’s Governor Cuomo issued Executive Order No. 202.18 which, among other things, modified Not-for-Profit Corporation Law (“N-PCL”) § 603 to permit annual meetings of members to be…
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