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Joint Ventures Involving Tax-Exempt Organizations, 2022 Cumulative Supplement

4. Aufl.

von: Michael I. Sanders
115,99 €
Verlag:	Wiley
Format:	PDF
Veröffentl.:	19.12.2022
ISBN/EAN:	9781119985389
Sprache:	englisch
Anzahl Seiten:	400

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Titelbeschreibung

A comprehensive, revised, and expanded guide covering tax-exempt organizations engaging in joint ventures Joint Ventures Involving Tax-Exempt Organizations, Fourth Edition examines the liability of, and consequences to, exempt organizations participating in joint ventures with for-profit and other tax-exempt entities. This authoritative guide provides unbridled access to relevant IRC provisions, Treasury regulations, IRS rulings, and pertinent judicial decisions and legislative developments that impact exempt organizations involved in joint ventures. <ul> <li>Features in depth analysis of the IRS's requirements for structuring joint ventures to protect a nonprofit's exemption as well as to minimize UBIT</li> <li>Includes sample models, checklists, and numerous citations to Internal Revenue Code sections, Treasury Regulations, case law, and IRS rulings</li> <li>Presents models, guidelines, and suggestions for structuring joint ventures and minimizing the risk of audit</li> <li>Contains detailed coverage of: new Internal Revenue Code requirements impacting charitable hospitals including Section 501(r) and related provisions; university ventures, revised Form 990, with a focus on nonprofits engaged in joint ventures; the IRS's emphasis on good governance practices; international activities by nonprofits; and a comprehensive examination of the New Market Tax Credits and Low Income Housing Tax Credits arena</li> </ul> Written by a noted expert in the field, Joint Ventures Involving Tax-Exempt Organizations, Fourth Edition is the most in-depth discussion of this critical topic.

Inhaltsverzeichnis

Preface xi Acknowledgments xv Chapter 1: Introduction: Joint Ventures Involving Exempt Organizations 1 1.4 University Joint Ventures 1 1.5 Low- Income Housing and New Markets Tax Credit Joint Ventures 1 1.6 Conservation Joint Ventures 2 1.8 Rev. Rul. 98- 15 and Joint Venture Structure 2 1.10 Ancillary Joint Ventures: Rev. Rul. 2004- 51 2 1.14 The Exempt Organization as a Lender or Ground Lessor 2 1.15 Partnership Taxation 3 1.17 Use of a Subsidiary as a Participant in a Joint Venture 3 1.22 Limitation on Private Foundation’s Activities That Limit Excess Business Holdings 4 1.24 Other Developments 4 Chapter 2: Taxation of Charitable Organizations 9 2.1 Introduction 9 2.2 Categories of Exempt Organizations (Revised) 15 2.3 501(c) (3) Organizations: Statutory Requirements 19 2.4 Charitable Organizations: General Requirements 22 2.5 Categories of Charitable Organizations (New) 23 2.6 Application for Exemption 25 2.7 Governance 34 2.8 Form 990: Reporting and Disclosure Requirements (Revised) 35 2.9 Redesigned Form 990 (New) 37 2.10 The IRS Audit (Revised) 37 2.11 Charitable Contributions (Revised) 42 Chapter 3: Taxation of Partnerships and Joint Ventures 53 3.1 Scope of Chapter 53 3.3 Classification as a Partnership (Revised) 56 3.4 Alternatives to Partnerships 70 3.7 Formation of Partnership 70 3.8 Tax Basis in Partnership Interest 70 3.9 Partnership Operations 71 3.10 Partnership Distributions to Partners 72 3.11 Sale or Other Disposition of Assets or Interests 72 3.12 Other Tax Issues 73 Chapter 4: Overview: Joint Ventures Involving Exempt Organizations 79 4.1 Introduction 79 4.2 Exempt Organization as General Partner: A Historical Perspective 80 4.6 Revenue Ruling 2004- 51 and Ancillary Joint Ventures 82 4.9 Conversions from Exempt to For- Profit and from For- Profit to Exempt Entities 82 4.10 Analysis of a Virtual Joint Venture 82 Chapter 5: Private Benefit, Private Inurement, and Excess Benefit Transactions 85 5.1 What Are Private Inurement and Private Benefit? 85 5.2 Transactions in Which Private Benefit or Inurement May Occur 87 5.3 Profit- Making Activities as Indicia of Nonexempt Purpose 89 5.4 Intermediate Sanctions (Revised) 89 5.7 State Activity with Respect to Insider Transactions 99 Chapter 6: Engaging in a Joint Venture: The Choices 101 6.1 Introduction 101 6.2 LLCs 102 6.3 Use of a For- Profit Subsidiary as Participant in a Joint Venture (Revised) 103 6.5 Private Foundations and Program- Related Investments (Revised) 115 6.6 Nonprofits and Bonds 120 6.7 Exploring Alternative Structures (Revised) 122 6.8 Other Approaches 126 Chapter 7: Exempt Organizations as Accommodating Parties in Tax Shelter Transactions 135 7.2 Prevention of Abusive Tax Shelters 135 7.3 Excise Taxes and Penalties 136 Chapter 8: The Unrelated Business Income Tax 137 8.1 Introduction 137 8.3 General Rule 138 8.4 Statutory Exceptions to UBIT 139 8.5 Modifications to UBIT 140 8.7 Calculation of UBIT 140 Chapter 9: Debt- Financed Income 157 9.1 Introduction 157 9.2 Debt- Financed Property 157 9.3 The 514(c) (9) Exception (New) 158 9.6 The Final Regulations 158 Chapter 10: Limitation on Excess Business Holdings 161 10.1 Introduction 161 10.2 Excess Business Holdings: General Rules (Revised) 161 10.3 Tax Imposed 163 10.4 Exclusions (Revised) 164 Chapter 11: Impact on Taxable Joint Ventures: Tax- Exempt Entity Leasing Rules (New) 169 11.3 Internal Revenue Code 168(H) 169 Chapter 12: Healthcare Entities in Joint Ventures 171 12.1 Overview 171 12.2 Classifications of Joint Ventures 172 12.3 Tax Analysis 173 12.4 Other Healthcare Industry Issues 175 12.5 Preserving the 50/50 Joint Venture 176 12.9 Government Scrutiny 176 12.11 The Patient Protection and Affordable Care Act of 2010: 501(R) and Other Statutory Changes Impacting Nonprofit Hospitals 177 12.12 The Patient Protection and Affordable Care Act of 2010: ACOs and Co- Ops: New Joint Venture Healthcare Entities (Revised) 180 Chapter 13: Low- Income Housing, New Markets, Rehabilitation, and Other Tax Credit Programs 181 13.2 Nonprofit- Sponsored LIHTC Project 181 13.3 Low- Income Housing Tax Credit (Revised) 182 13.4 Historic Investment Tax Credit 186 13.6 New Markets Tax Credits (Revised) 196 13.10 The Energy Tax Credits 212 13.11 The Opportunity Zone Funds: New Section 1400Z- 1 and Section 1400Z- 2 (Revised) 213 Appendix 13B 275 Chapter 14: Joint Ventures with Universities 291 14.1 Introduction 291 14.3 Colleges and Universities IRS Compliance Initiative 297 14.5 Faculty Participation in Research Joint Ventures 298 14.6 Nonresearch Joint Venture Arrangements 301 14.7 Modes of Participation by Universities in Joint Ventures (Revised) 301 Chapter 15: Business Leagues Engaged in Joint Ventures 313 15.1 Overview 313 15.2 The Five- Prong Test (Revised) 314 15.3 Unrelated Business Income Tax 315 Chapter 16: Conservation Organizations in Joint Ventures 317 16.1 Overview 317 16.2 Conservation and Environmental Protection as a Charitable or Educational Purpose: Public and Private Benefit 317 16.3 Conservation Gifts and 170(h) Contributions (Revised) 318 16.7 Emerging Issues 344 Chapter 17: International Joint Ventures 345 17.5 General Grantmaking Rules 345 17.11 Application of Foreign Tax Treaties 347 Chapter 19: Debt Restructuring and Asset Protection Issues 351 19.1 Introduction 351 19.2 Overview of Bankruptcy 351 19.3 The Estate and the Automatic Stay 352 19.4 Case Administration 353 19.5 Chapter 11 Plan 354 19.6 Discharge 355 19.7 Special Issues: Consequences of Debt Reduction 355 Index 357