BCLP Charity Law

Charity Law

General

Main Content

Expanded Tax Benefits for Giving to Charity, 2020 Forms 990-T and 4720 Revisions and Other News

December 18, 2020

Categories

Year-end reminder: Expanded tax benefits help individuals and businesses give to charity during 2020 

The IRS today explained how expanded tax benefits can help both individuals and businesses give to charity before the end of this year.

The Coronavirus Aid, Relief and Economic Security (CARES) Act, enacted last spring, includes four temporary tax changes that are designed to help people and businesses who give to charity this year. Here is a rundown of these key changes. 

Update on Mandatory E-Filing in 2021

The Taxpayer First Act, enacted July 1, 2019, requires tax-exempt organizations to electronically file information returns and related forms. The new law affects tax-exempt organizations in tax years beginning after July 1, 2019. 

  • Tax Year 2020 Forms 990-T & 4720 Are Being Revised and Will be Available for E-filing in 2021

In 2020, the IRS continued to accept paper Form 990-T, Exempt Organization Business Income

Special $300 deduction for cash donations; digital signatures; National Tax Security Week

December 15, 2020

Categories

Special Tax Deduction for Cash Donations to Charities in 2020

In the latest post on A Closer Look, Tax Exempt and Government Entities Commissioner Edward Killen reminds taxpayers there’s a special deduction for cash donations of up to $300 to a qualified charity in 2020. This $300 deduction is designed for taxpayers who take the standard deduction and aren’t normally able to deduct their donations.

Before making a donation, use the Tax Exempt Organization Search (TEOS) tool on IRS.gov/TEOS to make sure the charitable organization is eligible for tax-deductible donations.

The post also includes several other important reminders for taxpayers and charities, along with information and links to other temporary provisions of the relief provided in the CARES Act.

IRS Accepting Digital Signatures and Emailed Documents

The IRS issued a memorandum (PDF) that extends (through June 30, 2021) IRS employees’ ability to accept:

  • Images of signatures

Tax Exempt & Government Entities FY 2021 Program Letter

November 5, 2020

Categories

The Tax Exempt & Government Entities (TE/GE) FY 2021 Program Letter (PDF) lists our priorities for this new fiscal year. We’ll also use our new Compliance Program and Priorities webpage to provide information about additional priorities at the end of each quarter during the fiscal year.

Our FY 2021 compliance program and prioritiesalign with the IRS Strategic Goals:

  • Strengthen Compliance Activities
  • Improve Operational Efficiencies
  • Maintain a Taxpayer-Focused Organization
  • Ensure Awareness and Collective Understanding
  • Leverage Technology and Data Analytics
  • Develop Our Workforce

We’ll release a summary of our FY 2020 accomplishments when all the data is available. You can also view our annual program (or work plan) and accomplishment letters for previous years.

IRS fights fraud aimed at charities, joins international awareness week

October 19, 2020

Categories

WASHINGTON — The Internal Revenue Service is combating fraud by once again joining organizations around the world to highlight the third annual International Charity Fraud Awareness Week, Oct. 19-23.

International Charity Fraud Awareness Week (ICFAW) brings together everyone involved in the charity and not-for-profit sectors to raise awareness of and share good practices for tackling fraud and cybercrime. This award-winning campaign is led by a coalition of over 40 charities, regulators, law enforcement organizations, representative and umbrella bodies, and other not-for-profit stakeholders.

The IRS is partnering with ICFAW as part of its ongoing commitment to fight fraud against charities, businesses and individuals.

All charities are susceptible to fraud and can be targeted. Those providing services and supporting local communities may be especially vulnerable to fraudsters attempting to exploit the current pandemic or weather-related disasters. More than ever, charities need to be fraud aware and take steps to protect their money,

Church Waivers for Refund Claims and Abatement Requests

August 14, 2020

Categories

On July 15, 2020, the IRS issued interim guidance (IG) providing instructions to examiners on how to inform churches of the option to authorize the Service to consider church claims for refund or requests for abatement without following the otherwise applicable procedures of Internal Revenue Code (IRC) Section 7611. The IRS generally must follow several procedural steps under Section 7611 before it can commence an inquiry or examination of a church.

Section 7611 and the related regulations permit a church to waive the application of these procedures by submitting a written waiver. Absent a waiver, the IRS follows these procedures even if the church initiated the contact. For example, if the IRS is requesting information to verify and process a church’s claim for refund or request for abatement.

As described in the IG, the IRS developed a voluntary written waiver process to allow more expeditious processing of these claims

Annual filings, user fees and electronic filing mandates

July 16, 2020

Categories

Annual filings and tax returns/payments due July 15, 2020

The extended deadline for a variety of information and tax returns and many tax payments is July 15, 2020. If you are unable to meet the July 15 deadline, you may want to review the extension procedures for exempt organization returns and information on the penalties for not filing.

EO user fee changes effective July 1, 2020

Revenue Procedure 2020-5 included user fee changes for certain miscellaneous determination requests submitted on Form 8940 that are effective July 1st.  See Appendix A of Rev. Proc. 2020-5 for a schedule of user fees.

Electronic filing mandate for Forms 990 and 990-PF

Effective for tax years beginning after July 1, 2019, the Taxpayer First Act requires organizations exempt from taxation under section 501(a) to file their annual Form 990 and Form 990-PF returns electronically,

Chambers High Net Worth 2020

July 14, 2020

Categories

Chambers High Net Worth 2020

July 14, 2020

Authored by: BCLP

Chambers & Partners has recognized Bryan Cave Leighton Paisner in the 2020 edition of Chambers High Net Worth Guide. The publication named 10 Private Client and Family Asset Protection lawyers across the globe as leading lawyers in their field.

 The Chambers High Net Worth Guide ranks the top lawyers and law firms for international private wealth. The guide also recommends leading accountancy firms, private banks, wealth managers, trust companies and other professional advisers to HNW and UHNW clients around the world.

FIRM RANKINGS:

Georgia

Private Wealth Law – Band 2

London (Firms)

Private Wealth Law – Band 3

Missouri

Private Wealth Law – Band 1

Russia

Private Wealth Law – Band 3

 

RANKED LAWYERS:

Family/Matrimonial: High Net Worth

UK

Elizabeth Hicks – Band 1

 

Private Wealth Law

GEORGIA

Kimberly Civins – Band 2

Tiffany McKenzie – Up and Coming

LONDON (FIRMS)

Damian Bloom – Band 3

Reshmi

Proposed changes to group exemption letter program, UBTI ‘silo’ rules and more

June 15, 2020

Categories

IRS solicits public comments on proposed changes to group exemption letter program; will temporarily stop accepting requests for group exemption letters on June 17, 2020 

Notice 2020-36 contains a proposed revenue procedure that sets forth updated procedures under which recognition of exemption from federal income tax for organizations described in Section 501(c) of the Internal Revenue Code may be obtained on a group basis for subordinate organizations affiliated with and under the general supervision or control of a central organization. The IRS requests comments on all aspects of the proposed revenue procedure, including applicable grandfather and transition rules. Comments should be submitted on or before August 16, 2020.

Pending publication of the final revenue procedure in the Internal Revenue Bulletin, Rev. Proc. 80-27 continues to apply. However, the IRS will not accept any requests for group exemption letters beginning June 17, 2020, until publication of the final revenue procedure

Treasury, IRS issue final regulations providing relief for certain tax-exempt organizations

May 28, 2020

Categories

The Department of the Treasury and the Internal Revenue Service today issued final regulations [lnks.gd]clarifying the reporting requirements generally applicable to tax-exempt organizations.

The final regulations reflect statutory amendments and certain grants of reporting relief announced by the Treasury Department and the IRS in prior guidance to help many tax-exempt organizations generally find the reporting requirements in one place.

Among other provisions, the final regulations incorporate the existing exception from having to file an annual return for certain organizations that normally have gross receipts of $50,000 or less.  That exception was previously announced in Revenue Procedure 2011-15. The regulations also provide that the requirement to report contributor names and addresses on annual returns generally applies only to returns filed by Section 501(c)(3) organizations and Section 527 political organizations.  All tax-exempt organizations must continue to maintain the names and addresses of their substantial contributors in their books

Electronic Form 1023 news, social media reminder and more

April 30, 2020

Categories

Form 1023 Paper Submission Transition Period Expires April 30

As of January 31, 2020, organizations are required to submit Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, electronically online at Pay.gov. The IRS provided a 90-day transition period during which time applicants can continue to submit paper Form 1023 applications. The transition period expires April 30, 2020. The IRS will not accept paper Form 1023 applications postmarked after that date.

The user fee for Form 1023 remains at $600 for 2020. Applicants must pay the user fee through Pay.gov when submitting the form. Payment can be made directly from a bank account or by credit/debit card.

Updated information on Signing Electronically Submitted Form 1023 

An applicant may satisfy the electronic signature requirement for an electronically submitted Form 1023 by including, in the PDF file it uploads as part of its application, a