New York Nonprofit Law and Practice: With Tax Analysis

Practical New York expert advice on nonprofit incorporation, applying for local and federal tax exempt status, fundraising, reporting requirements, and much more. The sweeping changes effectuated by New York's Non-Profit Revitalization Act, as amended, have been fully integrated into this new edition.
Publisher: Matthew Bender

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Organizing and operating a New York nonprofit organization requires a three-dimensional planning process to ensure that its activities comply with all federal, state, and local laws. New York Nonprofit Law and Practice with Tax Analysis, written by leading experts, is an authoritative reference that helps you navigate nearly every aspect of nonprofit law in New York. The sweeping changes effectuated by New York's Non-Profit Revitalization Act, as amended, have been fully integrated into this new edition.

Inside you'll find practical guidance on a multitude of topics including:

• Applying for tax exempt status;
• Structure, composition and function of Boards of Directors;
• D&O Indemnification;
• Fundraising;
• Registration and reporting requirements;
• Requirements for foreign nonprofits electing to operate within New York State;
• And much more

Don't be without this essential guide the next time you advise a nonprofit client.

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Table of contents

PART I

CHAPTER 1: THE SCOPE OF THE NONPROFIT SECTOR

CHAPTER 2: OVERVIEW OF DOMESTIC AND FOREIGN NONPROFIT CORPORATIONS IN NEW
YORK

CHAPTER 3: THE INCORPORATION PROCESS

CHAPTER 4: MEMBERSHIP CORPORATIONS

CHAPTER 5: BOARD OF DIRECTORS: COMPOSITION, STRUCTURE, AND FUNCTIONS

CHAPTER 6: DIRECTORS' LEGAL STANDARDS OF PERFORMANCE AND LIABILITY: DUTIES OF CARE, LOYALTY, AND OBEDIENCE

CHAPTER 7: DIRECTORS' AND OFFICERS' INDEMNIFICATION AND LIABILITY INSURANCE

CHAPTER 8: FINANCIAL MATTERS OF THE CORPORATION

CHAPTER 9: FUNDAMENTAL CORPORATE CHANGES

CHAPTER 10: NEW YORK STATE REGISTRATION AND REPORTING REQUIREMENTS

CHAPTER 11: REGULATION OF CHARITABLE SOLICITATION AND FUNDRAISING

CHAPTER 12: EXEMPTION FROM STATE AND LOCAL TAXES

PART II

CHAPTER 13: FEDERAL TAX EXEMPTION FOR I.R.C. § 501(C)(3) ORGANIZATIONS CHAPTER 14: FEDERAL APPLICATION AND REPORTING GUIDELINES FOR EXEMPT ORGANIZATIONS

CHAPTER 15: CLASSIFICATION OF THE CHARITABLE ORGANIZATION CHAPTER 16: TAX ASPECTS—PUBLIC CHARITIES, SUPPORTING ORGANIZATIONS, AND DONOR
ADVISED FUNDS

CHAPTER 17: TAX ASPECTS—PRIVATE FOUNDATIONS

CHAPTER 18: TAX ISSUES OF NONCHARITABLE EXEMPT ORGANIZATIONS

CHAPTER 19: JOINT VENTURES

CHAPTER 20: LIMITATIONS ON POLITICAL AND LOBBYING ACTIVITIES

CHAPTER 21: CHARITABLE CONTRIBUTIONS AND DEDUCTIONS

CHAPTER 22: TAX ASPECTS OF COMMERCIAL ACTIVITIES

CHAPTER 23: OVERSEAS GRANTMAKING AND INTERNATIONAL ACTIVITIES


APPENDICES

APPENDIX A: TYPES OF TAX-EXEMPT ORGANIZATIONS BY INTERNAL REVENUE CODE SECTION

APPENDIX B: SAMPLE ARTICLES OF ORGANIZATION

APPENDIX C: SAMPLE GOVERNING INSTRUMENT PROVISIONS FOR PRIVATE FOUNDATIONS

APPENDIX D: CHECKLIST FOR FILING REQUIREMENTS

APPENDIX E1: LIFE CYCLE OF A PUBLIC CHARITY

APPENDIX E2: LIFE CYCLE OF A PRIVATE FOUNDATION

APPENDIX E3: LIFE CYCLE OF A SOCIAL WELFARE ORGANIZATION

APPENDIX E4: LIFE CYCLE OF A LABOR ORGANIZATION

APPENDIX E5: LIFE CYCLE OF AN AGRICULTURAL OR HORTICULTURAL ORGANIZATION

APPENDIX E6: LIFE CYCLE OF A BUSINESS LEAGUE (TRADE ASSOCIATION)

APPENDIX F: EXEMPT ORGANIZATION DETERMINATION PROCESS

APPENDIX G: USEFUL I.R.S. FORMS AND PUBLICATIONS FOR NONPROFIT ORGANIZATIONS


N-PRA EXHIBIT

EXHIBIT 1: NEW YORK NON-PROFIT REVITALIZATION ACT OF 2013, INCLUDING THE TECHNICAL AMENDMENTS ACT (MAY 20, 2014) AND THE EFFECTIVENESS OF CERTAIN PROVISIONS

(JUNE 30, 2014)

TABLES AND INDEX

TABLE OF CASES

TABLE OF STATUTES

INDEX