The document discusses compliance and accountability standards for nonprofit organizations, including scrutiny from regulators and the public. It outlines duties of nonprofit boards, how oversight has increased in recent years, and policies organizations should have in place like conflict of interest and document retention policies. It also explains "intermediate sanctions" penalties the IRS can impose on individuals in nonprofits who receive improper benefits.
What advantages and disadvantages are there to illinois s corporations and ll...www.growthlaw.com
This memo describes the state tax, liability, and agency authority differences between Illinois business corporations with a subchapter S federal tax election and Illinois limited liability companies with the same election. It also discusses how the differences in entity type and location may relate to mergers and acquisitions.
What advantages and disadvantages are there to illinois s corporations and ll...www.growthlaw.com
This memo describes the state tax, liability, and agency authority differences between Illinois business corporations with a subchapter S federal tax election and Illinois limited liability companies with the same election. It also discusses how the differences in entity type and location may relate to mergers and acquisitions.
Best Practices in Physician Arrangements: Combat Contract Compliance ConcernsPYA, P.C.
OIG This presentation highlights the importance of regulatory requirements and the consequences of non-compliance for healthcare organizations that deal with physician arrangements.
Addresses regulatory considerations such as the Stark Law, Anti-Kickback Statute, and False Claims Act.
Explores additional risk areas such as OIG Fraud Alerts, Medicare Cost Report Certification, and the responsibilities of boards of directors.
A presentation from a November 2011 webinar hosted by compensation and law experts from INTEGRATED Healthcare Strategies and Eptein Becker Green.
See more at: http://www.integratedhealthcarestrategies.com/knowledgecenter.aspx
Presentation on the impact of UBIT (unrelated business income tax) issues to nonprofit organizations and what they can do to handle these issues as they arise.
In depth presentation on considerations for choosing the most beneficial entity for a particular business or financial situation - LLC, Sole Proprietorship, General Partnership, etc. Contact Goldin Peiser & Peiser, LLP for more information or visit www.gppcpa.com.
Louie Lujan is a senior lobbyist at CIMA Law Group. In this presentation, He is sharing a beginner’s guide to lobbying. He shares all the important information that can help you to become a registered lobbyist.
Fairfax County's 2008 Common Interest Community LegislationFairfax County
The Fairfax County Consumer Affairs Branch highlights some key points on 2008 Common Interest Community Legislation. The Common Interest Community Board consists of 11 members appointed by the governor. Some of the boards responsibilities include developing regulations, regulation of the complaint process, and the enforcement of these regulations.
Fundraising from America: Setting up a US Non-profitAdam Davidson
New and updated for 2015.
Most American individuals, foundations & companies will only support charitable organizations outside the USA by making gifts and grants to a US non-profit known as a 501(c)(3). Setting up a 501(c)(3) is not a painful process but it is subject to a number of corporate and tax laws and regulations. We will be asking whether American fundraising is right for your organization whilst covering all the tax & legal issues involved through the setting up process.
Note: This information was not intended to be legal advice. It is advised that you consult your own legal expert in regard to your specific situation.
Heritage Foundation economist Rea S. Hederman Jr. explores the differences between pro-growth tax policy and progressive tax policy. He made this presentation at an event sponsored by the Naples Committee for Heritage on October 22, 2009.
The Dodd-Frank Act whistleblower provisions reward whistle blowing and protect whistleblowers against retaliation. The Dodd-Frank Act creates a robust retaliation action for employees in the financial services industry. The scope of coverage is quite broad in that Section 1057 applies to organizations that extend credit or service or broker loans; provide real estate settlement services or perform property appraisals; provide financial advisory services to consumers relating to proprietary financial products, including credit counseling; or collect, analyze, maintain, or provide consumer report information or other account information in connection with any decision regarding the offering or provision of a consumer financial product or service.
Under the Dodd-Frank Act, an individual who provides original information to the SEC or Commodity Futures Trading Commission (“CFTC”) which results in monetary sanctions exceeding $1 million shall be paid an award of 10 to 30 percent of the amount recouped. See Dodd-Frank Act § 748 (applying to CFTC whistleblowers) and § 922(a) (applying to SEC whistleblowers). The amount of the reward is at the discretion of the respective commission and factors to be considered in calculating the amount of the award include the significance of the information provided by the whistleblower, the degree of assistance provided by the whistleblower, the interest of the respective commission in deterring violations by making awards to whistleblowers, and other factors that the each commission may establish by rule or regulation. Id. An award shall not be paid to a whistleblower who has been convicted of a criminal violation related to the judicial or administrative action for which the whistleblower provided information; who gains the information by auditing financial statements as required under the securities laws; who fails to submit information to the SEC as required by an SEC rule; or who is an employee of the DOJ or an appropriate regulatory agency, a self-regulatory organization, the Public Company Accounting Oversight Board or a law enforcement organization. Id. Sections 748 and 922 of Dodd-Frank are not qui tam provisions, i.e., the whistleblower cannot pursue an action if the SEC or CFTC decline to act on the whistleblower’s disclosure.
Best Practices in Physician Arrangements: Combat Contract Compliance ConcernsPYA, P.C.
OIG This presentation highlights the importance of regulatory requirements and the consequences of non-compliance for healthcare organizations that deal with physician arrangements.
Addresses regulatory considerations such as the Stark Law, Anti-Kickback Statute, and False Claims Act.
Explores additional risk areas such as OIG Fraud Alerts, Medicare Cost Report Certification, and the responsibilities of boards of directors.
A presentation from a November 2011 webinar hosted by compensation and law experts from INTEGRATED Healthcare Strategies and Eptein Becker Green.
See more at: http://www.integratedhealthcarestrategies.com/knowledgecenter.aspx
Presentation on the impact of UBIT (unrelated business income tax) issues to nonprofit organizations and what they can do to handle these issues as they arise.
In depth presentation on considerations for choosing the most beneficial entity for a particular business or financial situation - LLC, Sole Proprietorship, General Partnership, etc. Contact Goldin Peiser & Peiser, LLP for more information or visit www.gppcpa.com.
Louie Lujan is a senior lobbyist at CIMA Law Group. In this presentation, He is sharing a beginner’s guide to lobbying. He shares all the important information that can help you to become a registered lobbyist.
Fairfax County's 2008 Common Interest Community LegislationFairfax County
The Fairfax County Consumer Affairs Branch highlights some key points on 2008 Common Interest Community Legislation. The Common Interest Community Board consists of 11 members appointed by the governor. Some of the boards responsibilities include developing regulations, regulation of the complaint process, and the enforcement of these regulations.
Fundraising from America: Setting up a US Non-profitAdam Davidson
New and updated for 2015.
Most American individuals, foundations & companies will only support charitable organizations outside the USA by making gifts and grants to a US non-profit known as a 501(c)(3). Setting up a 501(c)(3) is not a painful process but it is subject to a number of corporate and tax laws and regulations. We will be asking whether American fundraising is right for your organization whilst covering all the tax & legal issues involved through the setting up process.
Note: This information was not intended to be legal advice. It is advised that you consult your own legal expert in regard to your specific situation.
Heritage Foundation economist Rea S. Hederman Jr. explores the differences between pro-growth tax policy and progressive tax policy. He made this presentation at an event sponsored by the Naples Committee for Heritage on October 22, 2009.
The Dodd-Frank Act whistleblower provisions reward whistle blowing and protect whistleblowers against retaliation. The Dodd-Frank Act creates a robust retaliation action for employees in the financial services industry. The scope of coverage is quite broad in that Section 1057 applies to organizations that extend credit or service or broker loans; provide real estate settlement services or perform property appraisals; provide financial advisory services to consumers relating to proprietary financial products, including credit counseling; or collect, analyze, maintain, or provide consumer report information or other account information in connection with any decision regarding the offering or provision of a consumer financial product or service.
Under the Dodd-Frank Act, an individual who provides original information to the SEC or Commodity Futures Trading Commission (“CFTC”) which results in monetary sanctions exceeding $1 million shall be paid an award of 10 to 30 percent of the amount recouped. See Dodd-Frank Act § 748 (applying to CFTC whistleblowers) and § 922(a) (applying to SEC whistleblowers). The amount of the reward is at the discretion of the respective commission and factors to be considered in calculating the amount of the award include the significance of the information provided by the whistleblower, the degree of assistance provided by the whistleblower, the interest of the respective commission in deterring violations by making awards to whistleblowers, and other factors that the each commission may establish by rule or regulation. Id. An award shall not be paid to a whistleblower who has been convicted of a criminal violation related to the judicial or administrative action for which the whistleblower provided information; who gains the information by auditing financial statements as required under the securities laws; who fails to submit information to the SEC as required by an SEC rule; or who is an employee of the DOJ or an appropriate regulatory agency, a self-regulatory organization, the Public Company Accounting Oversight Board or a law enforcement organization. Id. Sections 748 and 922 of Dodd-Frank are not qui tam provisions, i.e., the whistleblower cannot pursue an action if the SEC or CFTC decline to act on the whistleblower’s disclosure.
Federal Preemption under Dodd-Frank's Whistleblower Award ProgramKathleen Clark
This research project examines whether lawyers -- like other corporate insiders -- are able to take advantage of the financial incentives that are available under the Securities and Exchange Commission (SEC)’s Dodd-Frank whistleblower program. Under that program, whistleblowers can be awarded 10-30% of the sanctions that the SEC obtains in enforcement cases. These financial incentives are working, as demonstrated by 3000 whistleblower tips that the SEC receives each year – not just from the United States but also from more than 50 nations. This presentation focuses on the interplay of state and federal authorities in regulating the disclosure options available to securities lawyers.
A Lubbock, Texas-based management consulting firm, Bergstein Enterprises draws on the varied knowledge of its staff to serve companies throughout Texas and eastern New Mexico in areas like operational management, human resources, finance, IT, and safety, among others. Ben Boston, CFO of Bergstein Enterprises, facilitates all fiscal reporting, utilizing experience that includes control testing in accordance with the Sarbanes-Oxley (SOX) Act.
Sarbanes-Oxley was passed in the wake of a number of notable corporate accounting scandals including Enron and WorldCom.
And now in this training presentation, you will understand why and how this is important for us.
IRS Regulations-Charities & Nonprofits Conflict of InterestMichael Wyland
Few nonprofit and charity leaders are familiar with the IRS regulations known as "intermediate sanctions." These rules govern conflicts of interest and compensation in nonprofit and charitable organizations, including churches.
Protect your-executives-and-board-from-excess-compensation-risksCBIZ, Inc.
Not-for-profits must closely monitor the line between reasonable and excessive compensation. With the increasing IRS scrutiny on compensation levels, not-for-profits must be vigilant to ensure their pay and other transactions to key personnel remain reasonable.
Scott Mariani, JD, Partner and Practice Leader of WithumSmith+Brown’s Healthcare Services Group, presented his “Healthcare Industry Tax Update 2014″ at the HFMA Annual National Institute (ANI). The session provided an update and overview of current tax issues applicable to integrated healthcare delivery systems, hospitals, physicians, and other healthcare providers.
This session will outline current Federal and state tax topics, best practices and practical recommendations for integrated healthcare delivery systems, hospitals and other healthcare organizations.
Learning Objectives
• Describe:
o Internal Revenue Service updates
o An overview of IRS Code Section 501(r) financial assistance policy and non-compliance issues
o Electronic medical records and associated tax issues
• Identify Employment Tax matters, including:
o W-2 and 1099 updates
o Employee retention tax credit update
o Compensation and FMV considerations, and Code Section 4960 excise tax >$1M
• Interpret Corporate structure planning from a tax perspective
o For-profit consolidations
o Joint ventures
o Limited liability companies
o Group exemptions
o State sales/use tax considerations
• Explain Form 990 community benefit tax-exempt hospital Schedule H updates
Not-for-Profit Compensation Controversies Continue to Add Fuel to the FireCBIZ, Inc.
Compensation in the not-for profit sector has been a consistent lightning rod for the IRS and other federal governing bodies, as well as for states, for many years.
Presentation Offers Valuation Strategies for Tax-Effective Practice TransactionsPYA, P.C.
PYA Principal Jim Lloyd co-presented a session at the 2013 AICPA Healthcare Industry Conference in New Orleans on “Valuation Strategies for More Tax-Effective Physician/Dentist Practice Transactions.”
Describes the impact of the nonprofit sector in national, state, and local economy. Outlines regulatory trends and media scrutiny leading to increased regulation and public skepticism about charity.
Prepared for a leadership group sponsored by the Sioux Falls Area Chamber of Commerce to demonstrate that the nonprofit sector is integral, rather than an adjunct, to economic life.
Addresses US, South Dakota, and Sioux Falls area statistics involving nonprofits and their role in employment and the economy. Regulatory influences and public perception of nonprofits is also addressed.
Presented to the "Leadership Sioux Falls" group of the Sioux Falls Area Chamber of Commerce in April, 2013. This presentation has been made to many audiences in the past ten years, regularly updated.
Designed to give nonprofit professionals, volunteer board members, and community leaders perspective on the importance and reach of the nonprofit sector. Preparation for leaders to consider nonprofit board service in the larger context of economic development, employment, and governance duty.
Examine national and local nonprofit organizations in crisis and look at ways to prepare for crisis and reduce the negative effects of crisis when present.
Discussion of best practice nonprofit governance using The Second Mile, founded by Jerry Sandusky, as an example of several pitfalls in leadership, management, and governance
Nonprofit executive turnover is accellerating. How should associations and charities deal with the planned - or unplanned - departure of their executive?
Professional and trade associations face challenges in the current economy. This presentation includes recent ASAE data to help associations plan for the future.
1. Compliance 101: Scrutiny, Accountability, and Transparency Minnesota Hospital Association January, 2011
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3. Supplemental Resource Download this pamphlet from the Minnesota Council on Nonprofits website: http://www.mncn.org/info/principles_and_practices.pdf
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16. “ Intermediate Sanctions” The penalties imposed under Internal Revenue Code Section 4958 on persons involved in excess benefit transactions. Intermediate sanctions are an alternative to the revocation of an organization’s tax-exempt status when private individuals receive an excess benefit.
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18. Individuals covered under IS All voting board members and their family members All CEOs/Executive Directors and their family members All treasurers and CFOs and their family members “ Persons with a material financial interest in certain healthcare provider-sponsored organizations if a hospital that participates in the provider-sponsored organization is an applicable tax-exempt organization.” (And their family members) Generally, donors of more than $5,000 if their contribution exceeds 2% of the nonprofit’s revenue for any period of time, and their family members.
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20. Excess benefit transactions -- general Any transaction between an exempt organization (nonprofit) and a disqualified person where the value of the benefit to the individual exceeds that provided to the exempt organization
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Editor's Notes
IRS is getting better at identifying all types and sources of compensation and treating them as a whole. Key employee has substantial authority in an organization (10%+ of budget) and compensation greater than $150,000 Highly compensated employee does not have to be a key employee; six-figure salary plus a “facts and circumstances” test