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Nonprofit Law for Colleges and Universities. Essential Questions and Answers for Officers, Directors, and Advisors. Wiley Nonprofit Authority

  • ID: 2241087
  • Book
  • August 2011
  • Region: Global
  • 648 Pages
  • John Wiley and Sons Ltd
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nonprofit law for colleges and universities

Colleges and universities are under intense scrutiny by the IRS and Congress. Nearly every "hot issue" in nonprofit law today directly involves institutions of higher education, both public and private. Nonprofit Law for Colleges and Universities is a practical, accessible guide to nonprofit law, specifically applicable to colleges and universities and their related entities, such as fundraising foundations, endowment funds, supporting organizations, for–profit subsidiaries, and limited liability companies.

Now your institution of higher education can be fully informed about the nonprofit law requirements affecting colleges and universities and avoid the perils lurking in the myriad tax–law traps. Nonprofit Law for Colleges and Universities clearly provides information on the federal tax law rules concerning tax exemption and charitable giving in the higher education setting.

This invaluable resource answers important questions including:

  • What are the federal tax law rules concerning maintenance of tax exemption by private colleges and universities?
  • What is the role of the governing board of a college or university?
  • Is a college or university allowed to pay revenue–based compensation?
  • Will the conduct of one or more businesses by a college or university jeopardize the tax–exempt status of the institution or subject it to taxes?
  • What charitable deductions are available in the higher education context?

Authors Bruce R. Hopkins, Virginia C. Gross, and Thomas J. Schenkelberg leading authorities on the laws regulating colleges and universities offer essential, practical legal information in easy–to–understand English. Their practical summaries of the law provide useful advice and critical information in an efficient and comprehensible fashion.

Mandatory reading for professionals in the field of higher education concerned with the governance and management of colleges and universities, Nonprofit Law for Colleges and Universities authoritatively and thoroughly guides you through every aspect of applicable nonprofit law.

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About the Authors.

Chapter 1 Nonprofit Organizations Law Generally.

Nonprofit Law Basics.

Federal Tax Law Basics.

Chapter 2 Nonprofit Educational Organizations.

Education Law Basics.


Nonprofit Law Basics.

Chapter 3 Acquiring and Maintaining Tax–Exempt Status.

Nonprofit and Tax–Exempt Entities.

Exemption Application Basics.

General Procedures.

Application Form 1023.

Form 1023, Schedule B.

Group Exemption.

Chapter 4 Acquiring and Maintaining Public Charity Status.

Public Charity Law in General.

Supporting Organizations in General.

Type III Supporting Organizations.

General Supporting Organization Questions.

Donor–Advised Funds.

Chapter 5 Governance.

Chapter 6 Private Inurement, Private Benefit, and Excess Benefit Transactions.


Private Inurement.

Private Benefit.

Intermediate Sanctions.

Chapter 7 Executive Compensation.

Concept of the Executive.

Payment of Reasonable Compensation.

Executive Compensation and the Governing Board.

Chapter 8 Legislative Activities.

Expenditure Test.

Social Welfare Organizations.

Trade, Business, and Professional Associations.

Reporting Requirements.

Chapter 9 Political Campaign Activities.

Basic Federal Tax Law Rules.

IRS Enforcement Efforts.

Federal Election Laws.

Reporting Requirements.

Chapter 10 Endowment Funds.

Endowment Fund Basics.


Endowment Fund Management.

Endowment Fund Investments.

Endowment Fund Distributions.

Endowment Fund Criticisms.

Chapter 11 Scholarships, Fellowships, and Other Student Assistance.

Scholarship and Fellowship Law.

Other Student Assistance Programs.

Chapter 12 Charitable Giving Rules.

Charitable Giving Rules Basics.

Percentage Limitations.

Conditional, Unrestricted, and Restricted Gifts.

Unique Forms of Donors.

Special Gift Situations.

Charity Auctions.

Planned Giving.

Charitable Remainder Trusts.

Pooled Income Funds.

Charitable Gift Annuities.

Charitable Lead Trusts.

Other Gifts of Remainder Interests.

Chapter 13 Fundraising Regulation.

Federal Law Requirements.

State Law Requirements.

Chapter 14 Unrelated Business Activities in General.

General Unrelated Business Rules.

Basic Rules.

Debt–Financed Property Rules.

Other Unrelated Business Rules.

Chapter 15 Contemporary Application of the Unrelated Business Income Rules.

Chapter 16 Entity Planning.

Joint Venture Basics.

Partnerships and Limited Liability Companies.

Tax–Exempt Organizations and Joint Ventures.

Tax–Exempt Organizations, Partnerships and Limited Liability Companies.

Information Reporting.

Chapter 17 Annual Information and Other Returns.

General Requirements.

Return Contents.

Unrelated Business Income Tax Returns.

Accounting Methods and Financial Statements.

Changes in General Operations.

Public Inspection and Recordkeeping Requirements.


Chapter 18 Disclosure and Distribution Rules.

Annual Information Returns.

Exemption Applications.

Disclosure and Distribution Sanctions.

Provision of Goods And Services.

Fundraising Disclosure.

Other Documents and Requirements.


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Bruce R. Hopkins
Virginia C. Gross
Thomas J. Schenkelberg
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