Same Song, Different Verse: Updates to the Paycheck Protection Program

What does the new Paycheck Protection Program (“PPP”) legislation hold in store? Last month, Congress passed the 2021 Consolidated Appropriations Act (“CAA” or “the Act”), and President signed it into law on December 27, 2020. The CAA contains important PPP changes that may affect current borrowers and provides additional relief for small businesses and nonprofits needing a “second draw,” but with a new income reduction requirement. Here’s the nuts and bolts.

Supporting Organizations: Options for Meeting Section 501(c)(3)'s Public Support Test

A key element of public charity status under Section 501(c)(3) is satisfying the ongoing “public support” requirement. Supporting organizations, however, are a special subset of public charities that are not required to directly satisfy this public support test. Rather, they secure their tax-exempt status by virtue of their relationship with another public charity. What exactly is a “supporting organization”? How does it fit into the taxonomy of 501(c)(3) organizations? And how are they practically utilized by nonprofits?

Promoting the Nonprofit Mission, Not Doling Out Business Favors

When may a nonprofit promote a donor's or board member’s business through its website or other communications? If the nonprofit allows the promotion as a sponsorship, through a fundraising program in which the business is donating money to the nonprofit, the promotion is likely permissible. If the business is paying fair market value for advertising, provided the amount of the organization’s overall advertising is within appropriate limits and subject to possible tax liabilities, the promotion should be fine too. But serious legal problems can arise when and if the business does not pay the nonprofit (or pays less than it should) for marketing benefits. Here’s why, as well as how to guard against such problems.