Bruce R. Hopkins’ NONPROFIT COUNSEL
THE LAW OF TAX-EXEMPT ORGANIZATIONS MONTHLY
Bruce R. Hopkins’ Nonprofit Counsel DOI:10.1002/npc
13. Final regulations concerning IRS authority to disclose
exempt organization information to state officials
(IRC § 6104(c)); proposed regulations were published
in 2011 (summarized in the May 2011 issue).
14. Update to Rev. Proc. 92-94 (IRC § 4942, 4945).
15. Final regulations concerning the fractions rule (IRC §
514(c)(9)). Proposed regulations were issued Novem-
ber 22, 2016 (summarized in the February 2017 issue).
16. Guidance as to recontribution within 60 days of
refunded qualified higher education expenses (IRC §
17. Final regulations concerning the recordkeeping, sub-
stantiation, and appraisal requirements for cash and
noncash charitable contributions in reflection of
legislative enactments in 2004 and 2006; proposed
regulations were published in 2008.
18. Guidance regarding charitable contributions of
inventory (IRC § 170(e)(3)). ◆
SURPRISE RELIEF! NEW
APPLICATIONS NO LONGER
REQUIRED FOR FORM,
he IRS announced, on February 26, that it generally
will no longer require a new application for recognition
of exemption from a domestic tax-exempt (IRC § 501(c))
organization that changes its form or place of organiza-
tion (Rev. Proc. 2018-15). This policy change is effective
for tax years beginning on or after January 1, 2018. The
venerable Rev. Rul. 67-390 has been obsoleted, along
with Rev. Rul. 77-469.
For this new policy to apply, (1) the restructuring
organization must be recognized as exempt (IRC §
501(a)) and be in good standing in its state of incorpora-
tion or formation; (2) the restructuring organization and
the surviving organization (they may be the same entity)
must be domestic business entities that are classified as
corporations; (3) the surviving organization continues to
carry out the same purposes as the restructuring orga-
nization; and (4) in the case of charitable (IRC § 501(c)
(3)) organizations, the articles of incorporation must
continue to meet the organizational test, including the
requirement of a dissolution clause.
These new rules do not apply to a corporate restruc-
turing in which (1) the restructuring organization or the
surviving organization is a disregarded entity, limited
liability company, partnership, or foreign business entity;
or (2) the surviving organization obtains a new employer
This change in policy also does not apply to a cor-
porate restructuring in which the surviving organiza-
tion seeks a determination that it is exempt under a
subsection of IRC § 501(c) that is different from its prior
BRUCE R HOPKINS' NONPROFIT COUNSEL
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