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William Byrnes (Texas A&M) tax & compliance articles

Posts Tagged ‘Non-profit organization’

The Development of the Law of Charity and Charitable Practices

Posted by William Byrnes on August 22, 2013


The entire article may be downloaded at > William Byrnes’ SSRN academic page <

This article describes the ancient legal practices, codified in Biblical law and later rabbinical commentary, to protect the needy. The ancient Hebrews were the first civilization to establish a charitable framework for the caretaking of the populace. The Hebrews developed a complex and comprehensive system of charity to protect the needy and vulnerable. These anti-poverty measures – including regulation of agriculture, loans, working conditions, and customs for sharing at feasts – were a significant development in the jurisprudence of charity.

The first half begins with a brief history of ancient civilization, providing context for the development of charity by exploring the living conditions of the poor. The second half concludes with a searching analysis of the rabbinic jurisprudence that established the jurisprudence of charity. This ancient jurisprudence is the root of the American modern philanthropic idea of charitable giving exemplified by modern equivalent provisions in the United States Tax Code. However, the author normatively concludes that American law has in recent times deviated from these practices to the detriment of modern charitable jurisprudence. A return to the wisdom of ancient jurisprudence will improve the effectiveness of modern charity and philanthropy.

The entire article may be downloaded at > William Byrnes’ SSRN academic page <

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Higher Filing Thresholds Doubles for Non-Profits

Posted by William Byrnes on February 16, 2011


Why is this Topic Important to Wealth Managers? Discusses the new income reporting threshold for non-profit organizations.  Provides details on the new level of reporting required on Form 990 for 501(c) organizations.  

Generally the Internal Revenue Code requires the filing of an annual return by exempt organizations. [1]  However, there are certain mandatory exceptions to the annual filing requirement for exempt organizations provided by the Code.  [2] 

Further, the tax law provides that the Secretary of the Treasury, through the Commissioner of the Internal Revenue Service may relieve exempt organizations from the annual filing requirement if the Secretary determines that such filings are not necessary to the efficient administration of the internal revenue laws. [3]

Before, exempt organizations were relieved from the Form 990 (Return of Organization Exempt from Income Tax) filing requirement for organizations described in § 501(c) (other than private foundations) whose annual gross receipts are normally not more than $25,000. [4]

Read the full analysis and on similar issues – AdvisorFYI

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How To File for a Non-Profit Status

Posted by William Byrnes on February 4, 2011


What are the tax procedures for requesting exempt status recognition?

Generally, an organization seeking recognition of an exempt status is required to submit the appropriate application.  Specifically, an organization seeking recognition of exemption under § 501(c)(3) \ must submit a completed Form 1023.

What fees are required by those requesting an exempt status?

Generally, an application for exemption under § 501(c)(3) includes a $400 fee for organizations that have had annual gross receipts averaging not more than $10,000 during the preceding four years, or new organizations that anticipate gross receipts averaging not more than $10,000 during the first four years.

Application for exemption under § 501(c)(3) includes an $850 fee for organizations whose actual or anticipated gross receipts exceed $10,000 averaged annually.  For those seeking the $400 fee, the Service also requires the organization to sign a certification with their application that the receipts are or will be not more than the indicated amounts.

Read the full analysis and on similar issues – http://www.advisorfyi.com

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