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LegalEASE: Notes from the Legal Experts - Tipping from Public Charity to Private Foundation Status

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As discussed in previous posts, a nonprofit organization that is organized and operated exclusively for charitable purposes may be deemed a public charity and not a private foundation under section 501(c)(3) of the Internal Revenue Code (IRC) in one of three principal ways.

LegalEASE: Note from the Legal Experts - Characterizing Income of 501(c)(3) Public Charities

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In prior posts we discussed the different categories of public charities. They include publicly supported charities that qualify as such because they are both organized and operated exclusively for charitable purposes and they meet a mathematical public support test.

Member Update: IRS Issues Proposed New Guidelines for DAFs

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In Notice 2017-73, issued by the IRS on December 4, (the “Notice”), the IRS announced how it expects to address proposed regulations on donor advised funds (“DAFs”). This is not the first time the IRS has issued interim guidance requesting comments on proposed DAF rules. The Notice draws on earlier requests for comment, dating back to 2006 when DAFs were officially introduced to the Internal Revenue Code.

LegalEASE: Notes from the Experts - Hospitals and Medical Research Organizations

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As discussed in other posts, a nonprofit organization that is organized and operated for charitable purposes may be deemed a public charity — and not a private foundation — if it is specifically defined in the Internal Revenue Code as a qualifying charity by the nature of its activities.

Villgro: Sparking Sustainable Social Change in India

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Rithiksha's mother Divya noticed that her newborn child's Bempu bracelet, a low-cost infant temperature monitoring device, continued to beep through the night. Divya called the Bempu helpline and was advised to take Rithiksha to the hospital. There the baby made a full recovery after receiving complete care.

Hypothermia and infections serve as a major cause of infant mortality in India. Bempu's bracelet empowers mothers and other caretakers to prevent illness and death by better managing their newborns' temperatures.

Mama Cash: Oldest International Women's Fund Supports Feminist Activism Across the World

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Founded in 1983 by a group of Dutch feminist activists, Mama Cash is the oldest international women's fund. Thirty four years after its founding, Mama Cash has awarded more than US$58 million in grant funding to over 6,000 groups of women's, girls', and trans* people's rights activists in countries all over the world.

LegalEASE: Notes from the Experts - 501(c)(3) Schools

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As discussed in earlier posts, a nonprofit organization that is organized and operated for charitable purposes may be deemed a public charity — and not a private foundation — if it is specifically defined in the Internal Revenue Code as a qualifying charity by the nature of its activities.

The IRS considers educational organizations to be public charities by the nature of their structured educational offerings. Such organizations need not satisfy a public support test: they will qualify by virtue of their defined status.

A Note from Kevin: Revenue Procedure 2017-53 Update

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Whether you are a lawyer (or not), if you are involved with international grantmaking, you have likely heard about the new guidance issued by the IRS with respect to foreign public charity equivalency determinations.

NGOsource is here to simplify US-based foundation and DAF international philanthropy and to keep the philanthropic sector informed of trends, changes, and developments in the field.  In other words, we are here to read IRS rulings and related guidance and relay the information to you. 

Revenue Procedure 2017-53 Further Confirms NGOsource’s Approach

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Revenue Procedure 2017-53 (Rev. Proc. 2017-53) was issued by the IRS on September 14, 2017. It updates and modifies 1992 IRS guidance (Rev. Proc. 92-94) with respect to foreign public charity equivalency determinations (“EDs”). Similar to the Treasury Regulations issued in late 2015, the new Revenue Procedure largely confirms NGOsource’s current practices in preparing and issuing EDs for grantmakers. In addition, Rev. Proc. 2017-53 suggests several “preferred” practices in issuing EDs.

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