EO Radio Show

Welcome to EO Radio Show – Your Nonprofit Legal Resource. As the year comes to a close, I thought it would be a good time to take a few moments to chat about important annual responsibilities. And to check in on other housekeeping that busy nonprofits sometimes overlook and that could be a good start for nonprofit leaders to put on their list of things to do in 2023.

Resources:

IRS Links:

About Form 990

FAQs re Forms W-2 and 1099 NEC

California Forms and Links:

Franchise Tax Board Form 199

Annual Registration Renewal, RRF-1

Secretary of State, Statement of Information

EO Radio Show #11: Nonprofit Basics: Amending Nonprofit Corporation Bylaws

EO Radio Show #12: Hot Topics: Risk Management for Cybersecurity

EO Radio Show #13: Nonprofit Basics: Document Retention Policies and Subpoenas, and a Conversation With Aviva Gilbert on Why Good Policies Matter

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. Episode 24 is the second of two parts that discuss supporting organizations as a special type of public charity. All supporting organizations must pass an organizational test, an operational test, a control test, and a relationship test. Supporting organizations are further classified as Type I, Type II, or Type III supporting organizations based on how they satisfy the relationship test. In this episode, I'll recap the basic requirements that apply to all three types and then look more closely at the complex requirements for a Type III supporting organization.

Resources:

Treasury Regulation Section 1.509(a)-4 Supporting Organizations

IRS page Supporting Organizations – Requirements and Types

IRS Notice 2014-4 provides interim guidance for Type III supporting organizations to governmental units

IRS Form 990 Schedule A and Instructions

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode is the first of two parts that discuss the definition of supporting organizations as a special type of public charity.

All supporting organizations must pass four tests: an organizational test, an operational test, a control test, and a relationship test. Supporting organizations are further classified as Type I, Type II, or Type III supporting organizations based on how they satisfy the relationship test.

In this episode, I'll cover the basic requirements that apply to all three types and the additional rules for Type I and Type II. Type III will be covered in more detail in the next episode. So join me now for a dive into the supporting organization rules.

Resources:

Treasury Regulation Section 1.509(a)-4 Supporting Organizations

IRS page Supporting Organizations – Requirements and Types

Form 990, Schedule A: Pages 4-7 reporting required for Supporting Organizations

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, my law partner Hons Yung and I finish our conversation about the first season of the Apple TV+ series Loot starring Maya Rudolph. We look at some technical legal topics and then we have some fun imagining being the lawyer for Molly Wells.

Resources:

Note to listeners from Cynthia: I did the math after the episode—$87 million is one-tenth of one percent of $87 billion!

Link to Loot on Apple TV +

EO Radio Show Episode 6: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 1: Candidate Campaign Intervention: https://www.fbm.com/exempt-organizations/publications/nonprofit-basics-election-year-issues-for-private-foundations-and-public-charities-part-1-candidate-campaign-intervention/

EO Radio Show Episode 8: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 3: Private Foundation Approaches to Policy Advocacy Allowed by the Internal Revenue Code: https://www.fbm.com/exempt-organizations/publications/nonprofit-basics-election-year-issues-for-private-foundations-and-public-charities-part-3-private-foundation-approaches-to-policy-advocacy-allowed-by-the-internal-revenue-code/

IRS form 4720 (Return of Certain Excise Taxes) Instructions: https://www.irs.gov/pub/irs-pdf/i4720.pdf

IRS form 990PF (Annual Return of Private Foundation) Instructions: https://www.irs.gov/pub/irs-pdf/i990pf.pdf

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, my law partner Hons Yung and I bring you what we hope to be the first in an occasional series of reviews of popular media, feature films, episodic series, and other videos that feature charitable foundations, public charities, or charitable giving in fictional storytelling.

In this first installment, we look at the first season of the Apple TV+ series Loot starring Maya Rudolph. While we'll still cover some technical tax topics, this time we do it in the context of a comedy, and we hope you enjoy it with us.

Stick around until the end when we cover some of our favorite aspects at the series.

Resources:

Hons Yung, Partner, Farella Braun + Martel: https://www.fbm.com/hons-yung/

Loot on Apple TV +

EO Radio Show Episode 2: Nonprofit Basics: Designators, Members, Directors, Officers: The Who's Who of Nonprofit Governance - https://www.fbm.com/exempt-organizations/publications/nonprofit-basics-designators-members-directors-officers-the-whos-who-of-nonprofit-governance/

IRS form 4720 (Return of Certain Excise Taxes) Instructions: https://www.irs.gov/pub/irs-pdf/i4720.pdf

IRS form 990PF (Annual Return of Private Foundation) Instructions: https://www.irs.gov/pub/irs-pdf/i990pf.pdf

Hons Yung's favorite movie podcast - The Rewatchables: https://www.theringer.com/the-rewatchables

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. This episode covers the basics of copyright law that most nonprofits need to know about. We answer the questions: Who owns what? How does the owner protect their rights? Does the owner even want to? When can you use someone else's work?

My guest today is my colleague and friend Nate Garhart, an expert in intellectual property law at Farella Braun + Martel. Listen in!

Resources:

U.S. Copyright Office: https://copyright.gov/

Nate Garhart, special counsel, Farella Braun + Martel: https://www.fbm.com/nate-a-garhart/

Farella Privacy Blog: https://www.farellaprivacy.com/

EO Radio Show: Nonprofit Basics: Insurance Coverage for the New Nonprofit: https://www.fbm.com/exempt-organizations/publications/nonprofit-basics-insurance-coverage-for-the-new-nonprofit/

EO Radio Show: A Deeper Dive Into Insurance Topics for Nonprofits: Special Events Coverage and Considerations When Making Claims: https://www.fbm.com/exempt-organizations/publications/a-deeper-dive-into-insurance-topics-for-nonprofits-special-events-coverage-and-considerations-when-making-claims/

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. Many business lawyers are called on to advise public charities such as their kids' schools and sports leagues, soup kitchens, and homeless shelters, museums and cultural institutions, community foundations, and the occasional private foundation set up by a good client. While much of the legal work for established nonprofits is the same as for any other business client, the tax-exempt status of these entities brings with it a host of income property and sales tax rules that are not necessarily obvious. This episode highlights the most likely tax issues to arise for public charities and private foundations typically organized as corporations that are described in Internal Revenue Code section 501(c)(3). Similar traps exist for other common kinds of nonprofits. For example, social welfare organizations, trade associations, and social clubs, but other special rules also apply to those types of entities and are beyond the scope of this episode. Resources:

IRS Form 990 and Schedules A through R

IRS Form 990 EZ

IRS Form 990-N

Description of Statutory Employees

EO Radio Show #6: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 1: Candidate Campaign Intervention

EO Radio Show #7: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 2: Legislative Lobbying Activities by Public Charities

EO Radio Show #8: Nonprofit Basics: Election Year Issues for Private Foundations and Public Charities Part 3: Private Foundation Approaches to Policy Advocacy Allowed by the Internal Revenue Code

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this Nonprofit Basics episode, Cynthia Rowland explains the meaning of operating foundation status for a private foundation under the federal tax rules. She also covers the test for obtaining and retaining that classification. Resources:

IRS materials on operating foundation status

IRS form 4720 (Return of Certain Excise Taxes) Instructions

IRS form 990PF (Annual Return of Private Foundation) Instructions

IRS form 8940, (Request for Miscellaneous Determination)

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode of EO Radio Show, I will cover some federal Internal Revenue Code rules that charitable organizations and their donors need to know in order to make sure that the donors benefit from the charitable contribution deduction for their contributions.

After a brief overview of the landscape of contribution deduction rules, my guest Sarah Vandeweerdt, the co-head of the Trust, Estates, and Appraisals group at Christie's, will talk to us about appraisals of art and collectibles and is joining me from Rockefeller Center in New York City.

Resources:

IRS Publication 1771

IRS Publication 561

IRS Publication 8283

Fair Market Value: Christie's Art Market Insights Podcast

For general enquiries at Christie's, contact Client Service at [email protected] or at +1 (212) 636-2000.

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

Welcome to EO Radio Show – Your Nonprofit Legal Resource. In this episode, we address the fiduciary duty of a nonprofit board when setting its investment policies and how to think about impact investing in the context of a diversified investment portfolio.

I'm delighted that we can take this opportunity to bring you a conversation with Craig Ayers, Senior Vice President and Senior Portfolio Manager at Whittier Trust Company and Gabe Rissman, President and Co-Founder of YourStake.

Craig will tell us about the modern portfolio manager's approach to integrating impact investments in a prudent portfolio and Gabe will give some perspective on metrics and how to think about more than just economic returns when assessing the ESG portfolio.

Resources:

UPMIFA Adoption

ABA Section of Real Property, Trust & Estate Law webinar: Sustainability Investments and ESG: What is it and what are the concerns?

YourStake Your Forum Blog, Forum and podcasts: https://yourstake-yourforum.mn.co/feed

YourStake website https://www.yourstake.org/

Invest Like You Mean It: Wealthier with ESG, by Anna Davies, Forbes Magazine (2020)

Can Doing Good Also Do Good for Your Portfolio? Two Experts Weigh in on the Benefits of ESG Investing, by Carrie Ruehlman, Better (2022)

If you have suggestions for topics you would like us to discuss, please email us at [email protected].

Additional episodes can be found at EORadioShowByFarella.com.

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.