We are excited to announce that London based Berwin Leighton Paisner (BLP) is combining with Bryan Cave. The combination will expand our global reach and increase our depth in key markets, creating a firm with approximately 1,600 lawyers in 32 offices across 11 countries in the United States, Europe, the Middle East and Asia.  BLP brings both strength and depth in core practices such as global real estate, international corporate, transactions and tax; private client; litigation, arbitration and investigations; and related areas of expertise; as well as highly rated financial services and financing practices. In addition, BLP is also strong and adds depth in the charity law sector, and like Bryan Cave, takes a team approach to achieve our charity client’s goals. The following is a brief overview of the BLP Charity Practice and approach:

Operating in the not-for-profit sector has never been more challenging – or more exciting: unprecedented

Bryan Cave LLP has once again been recognized as a U.S. News – Best Lawyers® “Best Law Firms” National Tier 1 ranked firm for its work in Trusts & Estates.  Awards are determined using several criteria, including: client evaluations, peer attorney feedback, and, notably, managing partners and practice area chairs’ reviews. Congrats to the Bryan Cave Private Client Group!

File current versions of exemption applications

The IRS reminds people seeking tax-exempt status to use the current version of forms to avoid processing delays. The current version of Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, is dated December 2017, and Form 1024, Application for Recognition of Exemption Under Section 501(a), is dated January 2018.

If you use a prior version of one of these forms, the IRS will return your application and ask you to resubmit using the current version of the form.

User fees 

Revenue Procedure 2018-5 announces the following user fees:

Application Type User Fee Form 1023 $600 Form 1024 Form 1024-A Form 1023-EZ $275 Group exemption letter $2,000

Please submit Form 8718, User Fee for Exempt Organization Determination Letter Request, with group exemption letter requests and exemption applications, other than those filed on Forms

Under Revenue Procedure 2018-15, the IRS generally will not require a new exemption application from a domestic section 501(c) organization that changes its form or place of organization.  Rev. Rul. 67-390 and Rev. Rul. 77-469 are obsoleted.

Revenue Procedure 2018-15 will be in IRB 2018-09, dated February 26, 2018.

The IRS revised Form 1023-EZ, Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, and its instructions to help small charities apply for 501(c)(3) tax-exempt status. These revisions don’t change the Form 1023-EZ user fee. Here’s a summary of the revisions we made to the Form 1023-EZ.

• A text box was added to Part III requesting a brief description of the organization’s mission or most significant activities. This change was recommended by the IRS National Taxpayer Advocate and is designed to provide a better understanding of the most significant activities that an organization engages in to further its exempt purposes.
• Questions about annual gross receipts, total assets and public charity classification were added to the Form 1023-EZ. These questions are also on the Form 1023-EZ Eligibility Worksheet in the Instructions for Form 1023-EZ  that organizations must certify they have completed.
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Early Due Dates for W-2, W-3 and Form 1099-MISC 

Employers face a January 31, 2018, due date for filing 2017 Forms W-2 and W-3 with the Social Security Administration. This date applies to both electronic and paper filers.

Form 1099-MISC is due to the IRS and individuals by January 31 when reporting non-employee compensation payments in box 7.

Penalties for failure to file correct information returns or furnish correct payee statements have increased and are now subject to inflationary adjustments. These increased penalties are effective for information returns required to be filed after December 31, 2015.

Form 1098-T Reporting Changes and Limited Penalty Relief for 2017 Returns 

Eligible educational institutions are required to report the total amount of payments received for qualified tuition and related expenses from all sources during the calendar year on Form 1098-T, Tuition Statement.

Announcement 2016-42 provides relief from penalties under Section 6721 and 6722 to 2017 Forms 1098-T.

The Internal Revenue Service reminds taxpayers looking to maximize their tax savings before the end of the year to consider charitable giving. Many taxpayers may already be planning to do so for Giving Tuesday on November 28. Giving money or goods to a tax-exempt charity before December 31 can usually be deducted on that year’s federal income tax return.

This #GivingTuesday, IRS has tips to find tax-deductible options: 

• Donating to disaster recovery efforts or a local shelter?
• Want to know the special rules to get a tax deduction from donating cars, boats and other property?
• Cash or non-cash year-end gifts to charity? What to know for a tax deduction on your IRS return.
• IRA owners over age 70½ – want to know about a different way to give?
• Hoping for a tax-deduction for your Giving Tuesday donation? Itemize or eFile your return

Resources: 

IRS YouTube videos: 

• IRS tool IRS.gov/eoselectcheck

No group has focused on building alignment and enlistment more than the non-profit, civic, and community sectors.  I’ve had the good fortune to work with some of the best – hospitals, animal shelters, the Chamber of Commerce, and industry change groups. With shallow budgets and a heavy dependence on volunteers (not to mention the careful watch of donors), the best non-profit groups not only stay afloat, they thrive by focusing on a few core goals.

Like non-profit groups, service professionals (like lawyers, consultants, accountants, and other service providers) rarely function with a “command and control” hierarchy, and instead depend on the alignment and enlistment of others – including clients, their staff, fellow professionals, or others.   

 1.  New presentations on StayExempt

• Reasonable Cause
• Self-Dealing Exception for Compensation to Disqualified Persons

  2.  Employment Tax podcasts

• Payroll Reporting for Election Workers
• 10 Minutes on Filing the Form 941-X

  3.  EO Issue Snapshots

• IRC Section 4944(c) – Taxes on Investments Which Jeopardize Charitable Purpose – Exception for Program-Related Investments
• Exclusion of Bingo from Unrelated Business Activity
• Rents from Personal Property, “Mixed Leases,” and the Rental Exclusion from UBTI
• Exclusion of Rent from Real Property from Unrelated Business Taxable Income

  4.  Fee for Form 8976

Form 8976, Notice of Intent to Operate Under Section 501(c)(4) – Organizations must pay a $50 fee at Pay.gov within 14 days of submitting the form.

  5.  Podcast on maximum loans in retirement plans

Podcast – computation of maximum loan amount from retirement plans –

Audit Technique Guides for Exempt Organizations Examiners use these guides during audits of specific types of exempt organizations.

The Enduring Relevance of Rev. Proc. 71-17 on IRC Section 501(c)(7) Organizations Read the IRS issue snapshot on the effect of a 501(c)(7) club’s non-member income on its unrelated business taxable income and exemption.