by Joel Roettger | Oct 4, 2018 | Charitable Organizations, Tax
Can a public charity engage in efforts to influence legislation? Yes, but not as a “substantial part” of its activities. Under IRC 501(c)(3), an organization will not qualify (or remain qualified) as tax-exempt if it carries on propaganda, or otherwise attempts to...
by Joel Roettger | Dec 20, 2017 | Charitable, Charitable Organizations, Estate Planning, Tax
The Tax Cuts and Jobs Act includes three provisions related to charitable giving. First, for gifts of cash to public charities (as opposed to nonoperating private foundations) the bill increases the amount that a taxpayer can deduct in any one year. Currently, donors...
by Joel Roettger | Dec 19, 2017 | Charitable Organizations, Tax
Despite efforts by the House, the Tax Cuts and Jobs Act does NOT scale back the Johnson Amendment.This is the rule that prevents 501(c)(3) organizations–public charities and private foundations–from advocating for the election or defeat of a candidate for...
by Joel Roettger | Nov 29, 2017 | Charitable
Charities that intend to solicit donations in Tennessee should not overlook the Solicitation of Charitable Funds Act. The Tennessee Solicitation of Charitable Funds Act, T.C.A. § 48-101-501, et seq. (“Act”), generally requires charitable organizations that intend to...
by Joel Roettger | Oct 25, 2017 | Charitable, Estate Planning, Tax
Technically, it is possible, but there would be some significant strings attached. Distributions from Donor Advised Funds (DAFs) are subject to Internal Revenue Code (IRC) § 4966. That section provides that certain distributions will be subject to excise tax. The tax...
