Form 990 Changes for E-Filing, Public Access, and Notice Before Auto-Revocation

As most nonprofit leaders recognize, tax-exempt organizations must file an annual IRS Form 990. Until now, only very large or very small nonprofits were required to e-file. In addition, a nonprofit could lose its tax-exempt status without prior IRS notice, upon three consecutive years’ failure to file Form 990s.  But under the newly enacted Taxpayer First Act (H.R. 3151) (“Act”), effective July 1, 2019, the Form 990 filing landscape has changed significantly.

“For the People” Act: Donor Disclosures, Free Speech Threats, and Other Bad Ideas

Is it campaign finance reform, or yet another threat of harm to First Amendment rights affecting donors and tax-exempt organizations?  This spring, the U.S. House of Representatives passed an “omnibus” campaign finance bill called “For the People Act,” (H.R. 1) which addresses a wide range of election and related matters. The Act expressly excludes Section 501(c)(3) public charities from its donor disclosure and reporting requirements, but not Section 501(c)(4) social welfare or other tax-exempt organizations.  While the proposed legislation likely will go nowhere in the Senate, it warrants notable mention in the following ways.