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

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CARES Act: Financial Relief for Nonprofit Operations and Employment

The Coronavirus Aid, Relief, and Economic Security (CARES) Act became effective on March 27, 2020. The Act allows for the injection of approximately $2.2 trillion into the economy to provide businesses and nonprofits with forgivable loans to avoid employee layoffs, to support the healthcare industry, to shore up other critical, adversely affected industries, and to create numerous other incentives for individuals, nonprofits, and businesses. Such unprecedented financial relief seeks to help our entire country weather the current financial, economic, and public health maelstrom.

This article focuses on provisions in the Act that will affect nonprofit organizations’ financial operations, their employer-related financial responsibilities, and financial assistance for employees and other individuals. The Act contains numerous additional provisions not covered in this article, many of which may affect specific individuals or businesses.

NONPROFIT LAW NEWSFEED

New Bill Would Give Ministers the Opportunity to Opt-in to Social Security

ECFA  Congressman Kevin McCarthy recently held a press conference with local pastors about his newly introduced bill, the Clergy Act. This bill would offer ministers – many of whom opted out of paying into Social Security in their youth – a two-year “open season” to effectively opt-in to Social Security.

Bill responds to Salina LLC’s tax puzzle

The Ottawa Herald  A pair of elected officials from Saline County joined forces Tuesday to lend a hand to the Salina-based nonprofit humanitarian organization caught up in an unusual decision to block a property tax exemption.

Some Nonprofit Hospitals Aren’t Earning Their Tax Breaks, Critics Say

The PEW Charitable Trusts  On a recent morning at John H. Stroger Hospital, hardly a seat was to be had in any of the first-floor clinic waiting rooms. Not in audiology.

IRS revises Form 1023 for applying for tax-exempt status

IRS  As part of an ongoing effort to improve service for the tax-exempt community, the Internal Revenue Service has revised Form 1023 to allow electronic filing for the first time starting later this month.

How To Claim a Refund or Credit of Unrelated Business Income Tax (UBIT) or adjust Form 990-T for Qualified Transportation Fringe Amounts

IRS  If you wish to claim a refund or credit of the UBIT reported on your Form 990-T for 2017 or 2018 under Section 512(a)(7), you may do so by filing an amended Form 990-T as described in the form’s instructions and do the following as well.

U.S. Secretary of Education Betsy DeVos Announces Proposed Rule Regarding Equal Treatment of Faith-Based Education Institutions, Provides Updated School Prayer Guidance

U.S. Department of Education  Today, U.S. Secretary of Education Betsy DeVos announced that the Department of Education is taking several concrete actions to protect religious liberty and ensure the Department is acting in accordance with the First Amendment. The Department announced a proposed rule ensuring the equal treatment and constitutional rights of religious organizations and faith-based institutions, as well as First Amendment freedoms owed to students on campus. As directed by Congress, the agency will also release updated guidance regarding constitutionally protected prayer in schools.

Expedited Parking Tax Refunds Requested From IRS

ECFA  In a letter dated January 8, 2020, the U.S. House Ways and Means Committee leadership (Richard E. Neal, Ways and Means Committee Chairman and John Lewis Chairman of the Subcommittee on Oversight) have called on the IRS to establish an expedited process for tax-exempt organizations to obtain refunds of unrelated business income on parking and transportation benefits provided to their employees.

A woman sued a church for reporting her husband's sex abuse confession to the police

CNN  An Oregon woman whose husband is in prison for sexually abusing a child is suing the Church of Jesus Christ of Latter-Day Saints for reporting his confession to state authorities.

Virginia Supreme Court favors GMU Foundation in donor records suit

Fairfax County Times  As a privately held corporation, the George Mason University Foundation is not obligated to disclose records under the Virginia Freedom of Information Act, the Virginia Supreme Court determined on Dec. 12.

Baltimore’s Book Thing loses tax-exempt status, will temporarily shut down

The Baltimore Sun  The Book Thing of Baltimore lost its nonprofit status and will be temporarily shutting down after the new year, according to a statement posted to its website.

New Bill Would Give Ministers the Opportunity to Opt-in to Social Security

ECFA  Congressman Kevin McCarthy recently held a press conference with local pastors about his newly introduced bill, the Clergy Act. This bill would offer ministers – many of whom opted out of paying into Social Security in their youth – a two-year “open season” to effectively opt-in to Social Security.

Bill responds to Salina LLC’s tax puzzle

The Ottawa Herald  A pair of elected officials from Saline County joined forces Tuesday to lend a hand to the Salina-based nonprofit humanitarian organization caught up in an unusual decision to block a property tax exemption.