Legal Issues

What You Need to Know About Major Nonprofit Tax Law Changes

This fall, Congress is in the process of rewriting the Internal Revenue Code with the dual goals of lowering individual and corporate income tax rates and simplifying our nation's tax laws. This tax overhaul has major implications for all 501(c)(3) nonprofits. Among other things, the tax reform proposals could reduce charitable giving, politicize 501(c)(3) nonprofits, eliminate financing options for nonprofits, and create new taxes on certain nonprofit activities.

Income Tax Cap Could Mean Unintended Burdens for Nonprofits

Income Tax Cap Could Mean Unintended Burdens for Nonprofits

Charitable nonprofits across North Carolina are concerned that the proposed constitutional amendment to cap the state’s income tax rate at 5.5% (S.817) could have unintended consequences for nonprofits that provide essential services in every community in our state. If the 5.5% income tax cap passed as a constitutional amendment, it would likely lead to new taxes, fewer private contributions, and increased burdens on charitable nonprofits.

North Carolina Nonprofits Oppose TABOR

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Charitable nonprofits across North Carolina are concerned that the Taxpayer Protection Act(also known as TABOR) would harm nonprofits that provide essential services in every community in our state. If TABOR (S.607) passed as a constitutional amendment, it would likely lead to new taxes, fewer private contributions, and increased burdens on charitable nonprofits.

 

Suggestions for Employment Status to State Legislators

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Comments of David Heinen of the North Carolina Center for Nonprofits House Judiciary II Subcommittee on H.B. 482 – Tuesday, July 28, 2015

Thank you Mr. Chair.

On behalf of the North Carolina Center for Nonprofits, I wanted to bring to your attention a potential unintended consequence of the employee misclassification reform bill (H.B. 482) that could affect nonprofits. I was hoping the subcommittee would be amenable to a small clarifying change in a PCS.

What Your Nonprofit Needs to Know About the New Overtime Rules

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On May 18, the U.S. Labor Department (DOL) announced final overtime regulations (warning: the linked regulation is 508 pages!) that specify that most employees earning less than $47,476 per year will be entitled to overtime compensation, regardless of whether they are currently classified as executive, administrative, or professional (white-collar) workers. The new overtime rules take effect on December 1, 2016.

Suggestions for Simplifying State Nonprofit Tax Laws

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Problem #1: The sales tax refund process is less efficient than a system of tax exemption

Problem #2: State law allows the IRS to arbitrarily deny sales tax refunds to some North Carolina nonprofits

Problem #3: Nonprofits are confused whether they need to collect and remit sales tax on their fundraising events

Problem #4: The exemption from sales tax on admission fees for “volunteer-only” nonprofits is confusing and unnecessary

Center's Opposition to Senate provisions

Below is an excerpt. Download the full 2-page PDF at bottom.

Comments of David Heinen of the N.C. Center for Nonprofits  House Appropriations Committee – Wednesday, July 29, 2015 

Thank you Mr. Chair. While individual nonprofits have many concerns with a variety of provisions in the Senate budget, the nonprofit sector has two main concerns about the tax plan in the Senate budget: 

Nonprofit Tax Exemption Talking Points

Why Is Nonprofit Tax Exemption Essential for North Carolina?

1. It protects taxpayers.

  • Nonprofits provide essential services that government would have to provide otherwise. Tax exemption costs much less than the cost of government having to provide the services itself.
  • Nonprofits provide public benefits in exchange for tax exemption.
  • Organizations may choose not to locate in counties or states that do not grant tax exemption. This is a potential loss for the people and economy in those locations.