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What Is the Difference Between Nonprofit and Tax-Exempt Status?
February 24th, 2020
The terminology used to describe nonprofit organizations often generates much confusion. Consequently, it is useful to clarify two key terms. Nonprofits are generally organized and operated as both nonprofit and tax-exempt entities. “Nonprofit” s…
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Association Membership Restrictions: A Practical Guide to Avoiding the Antitrust and Tax Pitfalls
February 10th, 2020
Suppose a trade association, in response to a wave of mergers and consolidations in its industry, desires to narrow its focus and represent only a certain segment of the industry – only small, independent members of the industry, for instance,…
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Related Foundations: Is Your Association Avoiding the Legal Pitfalls and Maximizing Its Opportunities?
February 6th, 2020
One of the most useful planning tools available to trade and professional associations is the use of related educational, charitable and scientific foundations. For a variety of important reasons, associations for years have established and operated…
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Association Tax Primer for CEOs
January 21st, 2020
In order to effectively perform their duties, association CEOs must have a basic understanding of the federal tax laws as they apply to the tax-exempt status, income, meetings, educational programs, publications, lobbying, standard setting, certifica…
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Establishing and Operating Taxable Subsidiaries: A Primer for Associations
January 20th, 2020
One of the most useful planning tools available to associations is the use of taxable subsidiaries to carry on unrelated business activities. Whether it is to preserve tax exemption, generate revenue, limit legal liability, or for other legal, politi…
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UBIT: What Associations Need to Know
January 16th, 2020
Although trade and professional associations are granted a general exemption from federal income tax by the Internal Revenue Code (Code) – for income from activities that are substantially related to the purposes for which the association’s tax-e…
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Hotel and Convention Center Contract Provision Guidelines for Associations
January 13th, 2020
The following is a high-level summary and explanation of the key provisions in most hotel and convention center contracts in connection with association meetings and conferences. Note that while some of the article provides some negotiating tips and…
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Substantiation and Disclosure Requirements for 501(c)(3) Organizations: A Primer on the Charitable Contribution Rules
January 12th, 2020
Contributions made to 501(c)(3) tax-exempt organizations (referred to hereinafter as “charities”) are only deductible as charitable contributions for federal income tax purposes if they are made with donative intent and to the extent that…
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The Dual Roles of In-House Corporate Counsel: The Impact on the Attorney-Client Privilege
January 10th, 2020
In-house attorneys are wielding increasing and enormous power in the running of corporate America. Attorneys these days play leading, not just supporting, roles, getting involved in virtually every kind of business decision. Theirs are the minds that…
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Does Your Association Own the Work Product of Your Contractors, Authors, Speakers, Officers, Directors, and Committee Members?
January 9th, 2020
Except for employees acting within the scope of their employment and certain other limited cases, the basic rule under U.S. copyright law is that the creator of an original work is the owner of the copyright in that work (regardless of who paid for t…
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