TRUSTED ADVISORS TO NONPROFITS

Wagenmaker & Oberly provides legal counsel to NONPROFIT ORGANIZATIONS across the nation with offices in Chicago and Charleston.

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Making Room: UBIT and Third-Party Facility Usage

If your nonprofit provides facility usage to another organization, could any fees charged then result in tax liability? This question of federal unrelated business income tax often becomes relevant to many nonprofit property owners, as they consider potential opportunities for revenue generation, wise stewardship of their resources, and property tax exemption too. This article is third in a series on third-party facility usage, building on the importance of a facility usage policy and making sure the organization’s real estate continues to qualify for property tax exemption.

NONPROFIT LAW NEWSFEED

How Congress Could End Tax Breaks For Gifts to Nonprofits With Political Agendas

Forbes  The recent decision by Yvon Chouinard, the founder of Patagonia, to contribute 98% of his $3 billion business, tax free, to a tax-exempt organization formed to combat climate change comes about a month after the New York Times also reported that the Chicago businessman Barre Seid gave his entire $1.6 billion business, tax free, to a similar organization that will question climate change and advocate for conservative causes.

Stanford wants 'educational' tax exemption for faculty homes

Palo Alto Weekly  Stanford University is seeking to reduce its tax burden on two faculty houses by claiming they are used for educational purposes. 

Federal Judge Refuses to Reconsider Ruling, Maintains Charitable Solicitation Law is Constitutional

The Gazette A federal judge is standing by his prior determination that Colorado's regulations on charitable solicitations are constitutional, amid a First Amendment challenge to the law itself and to the manner in which Secretary of State Jena Griswold applied it to an Ohio-based company.

When Can a Ministry Count as a Church

Christianity Today  The research team counting all the nondenominational congregations in America did not add any marks to their tally when a conservative Christian think tank in Washington, DC, declared itself an association of churches. The reclassification might be meaningful for the IRS, but for the Association of Statisticians of American Religious Bodies (ASARB), it doesn’t count.

Which Charitable Contributions Are Tax Deductible?

Buy Side from WSJ  Giving to charity can be a great way to help a cause that’s important to you. If you’re someone who itemizes deductions on your tax return—and follows the rules carefully—you may also be able to cut your tax bill.

Win for Ted Cruz as supreme court strikes campaign contribution limit

The Guardian  The six conservatives who dominate the US supreme court ruled in favour of the hard-right Texas senator Ted Cruz in a case seeking to remove limits on campaign finance spending, in a ruling that one dissenting justice said would open the door to “quid pro quo corruption”.

Aurora lawmakers champion security funding for churches, nonprofit groups

Sentinel  A law passed in the final week of Colorado’s legislative session gives religious organizations and other nonprofit organizations more money for security upgrades, something that advocates say is a necessity in an era of increasing hate crimes.

Gov. Youngkin Signs Bill Protecting Donor Privacy

The Roanoke Star ​In recent years, “cancel culture” has targeted many individuals, businesses, and organizations with the intention of silencing them into submission.

Lawsuit Challenges IN Law Restricting Charitable Bail Funds

Public News Service​ The state of Indiana is facing a lawsuit over a new law placing restrictions on charitable bail funds.

AG Racine Claws Back $750k in Misspent Nonprofit Funds from Trump Organization & Presidential Inaugural Committee

General Karl A. Racine today announced that the Trump Organization and Donald Trump’s Presidential Inaugural Committee (PIC) will be required to pay $750,000 to the District to resolve allegations that the PIC, the Trump International Hotel, and the Trump Organization illegally misused nonprofit funds to enrich the Trump family.

How Congress Could End Tax Breaks For Gifts to Nonprofits With Political Agendas

Forbes  The recent decision by Yvon Chouinard, the founder of Patagonia, to contribute 98% of his $3 billion business, tax free, to a tax-exempt organization formed to combat climate change comes about a month after the New York Times also reported that the Chicago businessman Barre Seid gave his entire $1.6 billion business, tax free, to a similar organization that will question climate change and advocate for conservative causes.

Stanford wants 'educational' tax exemption for faculty homes

Palo Alto Weekly  Stanford University is seeking to reduce its tax burden on two faculty houses by claiming they are used for educational purposes.