Protecting Your Organization's Tax-Exempt Status

The Author

Tax Exemption Under Challenge: The Context

The Current Debate Over Tax Exemption 3

The Current Environment and Debate 3

The Views of the Protagonists 7

The Current Approach to Tax Laws 9

The Evolution of Government Policy Toward Nonprofit Organizations 12

A Brief History of Federal Law and Tax-Exempt Status 12

The Rationale for Tax Exemption 16

Organizations That Are Covered 20

The Unrelated Business Income Tax 23

Federal Law and the Internal Revenue Code

Federal Law on Tax-Exempt Status and Unrelated Business Income 29

Gaining Tax-Exempt Status 30

Maintaining Tax-Exempt Status 36

Unrelated Business Income 38

Separating Taxable and Nontaxable Income 41

Using the Fragmentation Test 54

Taxing Passive Income 54

Convenience Exception 59

Political Activity 60

Other Exemptions 62

Special Rules for Specific Types of Income 64

Leasing Rules 65

Debt-Financed Property 67

Income from Advertising 69

Subsidiary Organizations 71

Exploitation Rule 74

Joint Ventures and Partnerships 74

Dual Use Facilities 76

Fund-Raising Activities and Solicitations 77

Mailing Lists 78

Research 79

How the Internal Revenue Code Treats Different Types of Organizations 81

Educational Organizations 82

Religious Organizations 85

Hospitals 87

Other Major Categories of Organizations 95

Potential Changes to the Internal Revenue Code 98

Posthearing Activity: Proposals Currently Under Consideration 100

Actions of the Internal Revenue Service 107

Other Tax Legislation 110

State and Local Issues

Nonprofit Tax Law at the State Level 115

The Unfair Competition Debate 115

The Business Coalition for Fair Competition 116

Legislative Activity at the State Level 120

Review Commissions 124

Proposed Model State Unfair Competition Bill 125

Judicial Activity and Other State Legislation 126

The Use of Political Pressure 130

Responses in the Nonprofit Community: Policy Formulation 134

The Future 137

Local Government and Property Tax Exemptions 139

Property Tax Exemption Litigation 141

Litigation: Exemption from Other Local Government Taxes 146

Property Tax Exemption Statutes 146

Community and Nonprofit Organization Relationships: Political Alternatives 152

Options Other Than Property Tax Exemptions: State Subsidies 154

Options Other Than Property Tax Exemptions: Fees in Lieu of Taxes 155

Judicially Created Multipart Tests and Other Court Actions 157

Overview of Property Tax Exemption 159

Community Disputes Over Property Tax Exemptions: Lessons from Specific Cases 161

Higher Education 162

Case Study: The Syracuse University Carrier Dome 165

Case Study: The YMCA 168

Case Study: Voluntary Hospitals 176

Guidelines for Action

Ensuring Compliance with the Law and Dealing with Potential Challenges 187

What the Law Requires 187

Developing and Implementing an Action Plan 190

The Audit Process 195

A Recommended Proactive Program: The Social Accountability Budget 200

Other Proactive Examples 207

Applicability to Individual Organizations 212

Influencing Public Policy Toward Nonprofits 213

Resource A. Unrelated Business Income Tax Cases 221

Resource B. Unfair Competition Cases 230

Resource C. Property Tax and Related Cases 232

Resource D. Internal Revenue Service Materials 239

References 247

Index 259