The Tax Law of Associations summarizes the law concerning acquisition and maintenance of associations' tax exemption. It explores various other bodies of tax law applicable to exempt associations, including the private inurement doctrine, the intermediate sanctions rules, the lobbying rules, and the unrelated business restrictions. Coverage also includes: the political activities rules, including the use of political action committees by associations; associations' use of for-profit subsidiaries; supporting organizations; involvement in partnerships and other joint ventures; as well as charitable giving and fundraising rules.
Autorentext
BRUCE R. HOPKINS is the country's leading authority on the law of tax-exempt organizations and a senior partner with the firm Polsinelli Shughart. He is the author or coauthor of twenty-five books, including The Law of Tax-Exempt Organizations, Ninth Edition and the newsletter Bruce R. Hopkins' Nonprofit Counsel, all published by Wiley.
Klappentext
Stay up to date on the federal law of tax-exempt associations
Written by Bruce Hopkins, the country's foremost expert on nonprofit law, The Tax Law of Associations offers a complete analysis of the federal law of tax-exempt associations and summarizes the law concerning acquisition and maintenance of associations' tax exemption.
This authoritative guide explores every facet of tax law applicable to exempt associations, including the private inurement doctrine, the intermediate sanctions rules, lobbying rules, and the unrelated business sanctions as well as:
- The role of associations in society
- Forms of associations
- Tax exemption for business leagues and similar organizations
- Private benefit and excess benefit transactions
- Legislative and political activities
- For-profit subsidiaries and limited liability companies
- Partnerships and joint ventures
- Association-related foundations
- Charitable giving and fundraising
This is a must-have resource for lawyers, association executives, nonprofit executives, officers, directors, accountants, members of boards, and consultants. Providing detailed documentation and citations, an exhaustive index, tables of cases, and IRS rulings, The Tax Law of Associations is comprehensive and authoritative, filled with references to regulations, rulings, cases, and tax literature, including current articles and tax law review notes.
Zusammenfassung
The Tax Law of Associations summarizes the law concerning acquisition and maintenance of associations' tax exemption. It explores various other bodies of tax law applicable to exempt associations, including the private inurement doctrine, the intermediate sanctions rules, the lobbying rules, and the unrelated business restrictions. Coverage also includes: the political activities rules, including the use of political action committees by associations; associations' use of for-profit subsidiaries; supporting organizations; involvement in partnerships and other joint ventures; as well as charitable giving and fundraising rules.
Inhalt
Preface xxiii
Chapter One Associations, Society, and the Tax Law 1
§1.1 Introduction to Associations 2
§1.2 History and Evolution of Associations 4
§1.3 Role of Associations in Society 6
§1.4 Rationales for Associations' Tax Exemption 8
§1.5 Forms of Associations 10
§1.6 Other Exempt "Associations": A Comparative Analysis 10
§1.7 Comparisons to Other Exempt Organizations 17
Chapter Two Tax Exemption for Business Leagues and Similar Organizations 19
§2.1 Concept of Tax Exemption 20
§2.2 Recognition of Tax Exemption 20
§2.3 Appropriate Exemption Category 21
§2.4 Business Leagues in General 23
§2.5 Legislative and Regulatory History 29
§2.6 Definition of Business 31
§2.7 Line-of-Business Requirement 32
§2.8 Membership Services 36
§2.9 Professional Organizations 37
§2.10 Disqualifying Activities 39
§2.11 Chambers of Commerce 48
§2.12 Boards of Trade 50
§2.13 Real Estate Boards 50
§2.14 Professional Football Leagues 51
§2.15 Application for Recognition of Exemption (Form 1024) 51
§2.16 Nonexempt Membership Organizations 51
Chapter Three Private Inurement, Private Benefit, and Excess Benefit Transactions 53
§3.1 Essence of Private Inurement 55
§3.2 Concept of Net Earnings 57
§3.3 Requisite Insider 58
§3.4 Types of Private Inurement 63
§3.5 Private Inurement and Associations 84
§3.6 Private Benefit Doctrine 86
§3.7 Private Benefit and Associations 89
§3.8 Excess Benefit Transactions 94
§3.9 Associations and Intermediate Sanctions 106
Chapter Four Lobbying and Political Activities 109
§4.1 Associations and Lobbying 109
§4.2 Lobbying Tax Law Rules 110
§4.3 Associations and Political Campaign Activities 121
§4.4 Public Advocacy Activities 122
§4.5 Political Activities Tax Law Rules 127
§4.6 Constitutionality of Statutory Scheme 128
§4.7 Associations' Use of Political Organizations 129
Chapter Five Unrelated Business Rules 131
§5.1 Analytic Framework 132
§5.2 Definition of Trade or Business 133
§5.3 Fragmentation Rule 144
§5.4 Profit Motive Requirement 145
§5.5 Regularly Carried On Rule 147
§5.6 Related Business Rule 151
§5.7 Substantially Related Business Rule 152
§5.8 Advertising Activities 160
§5.9 Exceptions to Rules 166
§5.10 Unrelated Debt-Financed Income Rules 202
Chapter Six For-Profit Subsidiaries and Limited Liability Companies 209
§6.1 Fundamentals of For-Profit Subsidiaries 210
§6.2 Potential of Attribution to Parent 213
§6.3 Financial Considerations 216
§6.4 Asset Accumulations 219
§6.5 Subsidiaries in Partnerships 220
§6.6 Effect of For-Profit Subsidiaries on Public Charity Status 220
§6.7 Treatment of Revenue from Subsidiary 222
§6.8 Liquidations 225
§6.9 Associations and For-Profit Subsidiaries 226
§6.10 Limited Liability Companies 227
Chapter Seven Associations, Partnerships, and Joint Ventures 233
§7.1 Partnerships Fundamentals 233
§7.2 Tax Exemption Issue 237
§7.3 Joint Ventures Fundamentals 247
§7.4 Whole-Entity Joint Ventures 249
§7.5 Ancillary Joint Ventures 256
§7.6 Information Reporting 258
§7.7 Alternatives to Partnerships 259
Chapter Eight Association-Related Foundations 261
§8.1 Distinctions Between Public and Private Charities 262
§8.2 Organizations with Inherently Public Activity 264
§8.3 Publicly Supported OrganizationsDonative Entities 267
§8.4 Publicly Supported OrganizationsService Provider Entities 272
§8.5 Comparative Analysis of ...