This NEW session (debuting 2021), comprises one of 990’s most difficult arenas: handling complex related organization issues. Once an initial identification scan of a filer’s related organizations has been undertaken, two directions must be considered. First, three key inquiries need be made of managers who are likely to be disclosed on Core Form Part VII-A: (1) amounts of compensation provided to them by such entities in the calendar year. (2) Whether they served in the tax year as Board members of any tax-exempt related organization; and (3) Whether any “Schedule L-type transactions” existed in the tax year with them and any related organization. . Second, the filer must determine if a related organization is a “512(b)(13) controlled entity” and report certain transactions undertaken with such entities. There is much complexity here, and it is not atypical at this point to have other related organizations identified. This session addresses these data discovery needs and speaks to the resulting Schedule R reporting from a 360-degree perspective.
Quick refresher of what conditions yield “parent,” “subsidiary” or “sibling” status in the case of a party who is a nonprofit/nonstock entity. Review of the definition of “control” applied to: stock corporations, entities taxed as a partnership, and trusts. Deep dive into the nuances of “indirect control” under IRC section 318’s constructive ownership rules. Finding “sibling” organizations due to “joint control” in place under multiple parties. Handling bifurcated “questionnaire needs” with a filer’s Trustees/Directors and employees regarding Board service on other nonprofits versus those necessary with current and former Part VII-A managers (including High 5s) regarding compensation. Addressing related organization impacts on the count of independent Directors (query made on Core Form Part VI, Line 1) and with respect to potential excise tax exposure under IRC section 4960. Disclosure specifics for the R’s Parts II-IV, and those relating to “transactions” general address on Part V’s Line 1 and via dollar amount when Line 2’s relevant triggers apply.
Extensive experience with finding and reporting filers’ related organizations.
Public accounting tax and audit staff, and nonprofit organization’s Treasurers, CFOs and other finance advisors.
Identify baseline scans necessary to root out when one or more related organizations may be present. Appreciate the sensitive data-mining to be undertaken with the filer’s managers and how to address concerns (and disclosures) that result from same. Recognize the multiple Form 990 preparation arenas that are impacted by the presence of one or more related organizations.
Eve Borenstein is a partner in Borenstein and McVeigh Law Office (BAM!), a Minnesota law firm that is the base of Eve’s national tax practice and services nonprofits and tax-exempt organizations exclusively.
Separate from the law firm, Eve operates a teaching and speaking consultancy offering instruction on nonprofit and exempt organization mandates, Eve Rose Borenstein, LLC.
Eve received her law degree from the University of Minnesota in 1985 and thereafter embarked on exempt organizations tax work at a “Big 8” accounting firm. From 1989-2003 she maintained a solo practice serving tax-exempt non-profit corporations, and in 2004 created the BAM Law firm with nonprofit corporate counsel Ellen W. McVeigh. From her law firm’s practice and through her teaching and speaking, Eve works to assist diverse nonprofit organizations with tax-exemption qualification, corporate planning and compliance. The bulk of her legal practice is representing exempt organizations before the Internal Revenue Service and/or State regulators on audit, qualification and classification issues; through 2009 she had represented more than 850 organizations before the IRS.
Eve volunteers extensively with multiple professional committees, including the American Bar Association’s Tax Section Committee on Exempt Organizations, from which she serves as a liaison to the American Institute of Certified Public Accountants’ Exempt Organization Technical Resource Panel. Through such service, and individually, Eve was integrally involved in the IRS’ Redesign of the Form 990. She was chosen by the IRS to be one of two private practitioners on the IRS Tax Talk Today TV broadcast in November 2008 dedicated to the Redesign of the Form 990, and has appeared multiple times since with IRS officials on educational panels concerning that Form.
Eve was also one of the original non-IRS collaborators in the Form 1023 Revision Project that culminated in that Form’s October 2004 “make over”. She enjoys teaching and speaking and is committed to “helping the sector (and its advisors) do it right the first time!”
Non-Member Price $109.00
Member Price $89.00