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IRS Launches Easy-to-use Tax Reform Webpage
Keith Kehrer
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Authored by: Keith Kehrer
Reposted from our charity law blog.
The IRS has launched an easy-to-use webpage, IRS.gov/taxreform, with information about how the Tax Cuts and Jobs Act affects your taxes, with a special section focused on tax exempt entities.
The tax reform page features three areas designed specifically for:
Individuals – For example, standard deduction increase, child tax credit, withholding. Use the Withholding Calculator to make sure you're withholding enough tax from your paycheck.
Businesses – For example, depreciation, expenses and qualified business income deductions.
Tax Exempt Entities – For example, tax reform affecting retirement plans, tax-exempt organizations and governments.
Under the Tax Exempt Entities tab, you'll find highlights of how tax reform affects retirement plans, tax-exempt organizations and tax-advantaged bonds.
Rollovers of retirement plan loan offsets – If your plan offsets an outstanding loan balance when you leave employment, you have
Updates to Charitable Contribution Procedures
Tiffany McKenzie
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Authored by: Tiffany McKenzie
Originally posted on BCLPCharityLaw.com.
Written by Summer Associate, Brandi Miller.
To simplify compliance for grantors and contributors to tax-exempt organizations, the IRS recently issued an updated revenue procedure (Rev. Proc. 2018-32) that combines previously scattered guidance on deductibility and reliance issues. The new revenue procedure explains when grantors and contributors may rely on a listing of an organization on an IRS database of organizations eligible to receive contributions under Sec. 170 for purposes of determining whether the grants or contributions may be deductible under Sec. 170.
The IRS maintains and updates two different publicly available databases on organizations eligible to receive tax-deductible contributions under Sec. 170. The first lists organizations that are eligible to receive tax-deductible charitable donations (eligible organization list), and the second is an extract of certain information concerning tax-exempt organizations from the IRS electronic Business Master File (the EOB MF Extract).
Historically, the eligible
A 200% Tax on Self-Dealing? And People Think the Estate Tax is High!
Authored by: Stephanie Moll and Keith Kehrer
With research and drafting assistance provided by our extern from Washington University School of Law, Rachael Lynch.
Now that we've scared you with the potentially high taxes for self-dealing in private foundations, what is self dealing?
Self dealing includes any of the following transactions:
1. sale or exchange, or leasing, of property between a private foundation and a disqualified person (click here for a definition of a disqualified person); 2. lending of money or other extension of credit between a private foundation and a disqualified person; 3. furnishing of goods, services, or facilities between a private foundation and a disqualified person; 4. payment of compensation by a foundation to a disqualified person; 5. transfer of income or assets of a private foundation to a disqualified person; and 6. agreement by a private foundation to make any payment to a government official (other than an agreement to hire the official when
The Effect of Tax Changes On Transfers from IRAs to Charity
Kathy Sherby
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Authored by: Kathy Sherby
The Tax Cuts and Jobs Act of 2017 (TCJA) eliminated all miscellaneous itemized deductions that are subject to the 2% floor, capped state and local taxes deduction at $10,000, and doubled the standard deduction for single persons to $12,000 and married couples to $24,000. As a result of this triumvirate of changes, the individual taxpayer who is over age 70½ is now faced with new computation to make to determine how best to report deductions on the Form 1040 beginning this year and a new opportunity, if managed correctly, to maximize deductions and minimize taxable income.
IRC § 408(d)(8) permits anyone who is over age 70½ to transfer up to $100,000 per year from his/her IRA directly to public charities without reflecting the distribution in taxable income on the taxpayer's Form 1040. This technique allows the IRA owner to satisfy the taxpayer's charitable giving and his/her Required Minimum Distribution
EO Highlights from New Tax Bill
Our colleagues in our Tax Exempt and Charitable Planning group have prepared a summary of the provisions in the new tax bill impacting exempt organizations and charitable giving. You can access it here.
More Scrutiny of Donor Advised Funds
Notice 2017-73, released on December 4, 2017, describes potential approaches that may be taken to address issues raised regarding the use of donor advised funds ("DAF"). The Treasury and IRS are considering developing proposed regulations under § 4967 of the Internal Revenue Code (Code) that would, if finalized, provide that: (1) certain distributions from a DAF that pay for the purchase of tickets that enable a donor, donor advisor, or related person to attend or participate in a charity-sponsored event result in a more than incidental benefit to such person under § 4967; and (2) certain distributions from a DAF that the distributee charity treats as fulfilling a pledge made by a donor, donor advisor, or related person, do not result in a more than incidental benefit under § 4967 if certain requirements are met. In addition, the Treasury Department and the IRS are considering developing proposed regulations that would
Benefactors Beware: Fake Charities Included in IRS List of Top Tax Scams for 2017
Written by Emily Manns and originally posted on BryanCaveCharityLaw.com
Every year, the IRS issues its "Dirty Dozen" Tax Scams list, a compilation of tactics and devices used by scam artists against taxpayers. While the threat exists year-round, the IRS promulgates the list ahead of filing season. As susceptible taxpayers prepare their returns, they face a higher risk of being targeted.
Charitable Income Tax Deductions: The Rockefeller Edition
Billionaire David Rockefeller passed away this week at the age of 101. According to Forbes magazine, during his lifetime, the well-known philanthropist gave away nearly $2 billion.
In light of this newsworthy charitable donation, we thought now would be a good time to remind everyone of some of the basic income tax deductions available for gifts to charities.
IRS Updates Form 990-EZ and New Options to Help Exempt Organizations Avoid Errors
Other Posts by Charles
Authored by: Charles Lin
Bryan Cave's Tax Exempt and Charitable Planning Team posted the following:
WASHINGTON — The IRS announced today the release of an updated Form 990-EZ, Short Form Return of Organization Exempt From Income Tax, that will help tax-exempt organizations avoid common mistakes when filing their annual return.
The updated Form 990-EZ includes 29 "help" icons describing key information needed to complete many of the fields within the form. The icons also provide links to additional helpful information available on IRS.gov. These "pop-up" boxes share information to help small and mid-size exempt organizations avoid common mistakes when filling out the form and filing their return.
"We've been reviewing the areas of the form where exempt organizations encounter the most trouble," said IRS Commissioner John Koskinen. "One out of three paper filers has an error on their form. After reviewing these trouble spots, we developed this new option to help groups
IRS Provides Sample Language for "Qualified Contingency" to Meet "Probability of Exhaustion Test"
Authored by: Charles Lin and Stephanie Moll
One of the many requirements that a trust must meet in order for it to qualify as a Charitable Remainder Annuity Trust ("CRAT") is the "Probability of Exhaustion Test". This test applies to CRATs whose annuity term is based on one or more lifetimes, and requires the likelihood that the charitable remainder beneficiary will not receive its interest in the trust be 5% or less. If a trust fails the test, then the charitable remainder interest does not qualify for income, gift, or estate tax charitable deductions, and the trust is not exempt from income tax.