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Wagenmaker & Oberly provides legal counsel to NONPROFIT ORGANIZATIONS across the nation with offices in Chicago and Charleston.

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Churches and the IRS: Why Trump’s Call to Repeal the Johnson Amendment Makes Constitutional Sense

President Trump recently told faith leaders that he would “totally destroy” the Johnson Amendment, referring to then-Representative Lyndon Johnson’s sponsored legislation banning churches’ and other Section 501(c)(3) organizations’ political campaign speech.  As W & O attorney Ryan Oberly recently observed in Modern Healthcare’s article, the prohibition is controversial and difficult to enforce, given both the free speech and religious liberty constitutional interests at stake and the IRS’s questionable capability to enforce the law fairly.  Many religious organizations have openly flaunted the ban by endorsing or speaking against candidates, leaving others to wonder whether they should follow the letter of the law despite its dubious constitutional legitimacy.

NONPROFIT LAW NEWSFEED

IRS Makes Approved Form 1023-EZ Data Available Online

IRS Press Release  The Internal Revenue Service announced today that publicly available information from approved applications for tax exemption using Form 1023-EZ, Streamlined Application

Charitable gambling nonprofits say tax bills bigger than money left for charity

Star Tribune  For every dollar raised through charitable gambling that the Irving Community Association gives to food shelves and children’s programs, it pays more than $2 in taxes.

Bob Jones University to regain nonprofit status

USA Today  Bob Jones University says it will regain its federal tax-exempt status on March 1, more than three decades after the IRS stripped its nonprofit ranking following a landmark U.S.

Trump Vows to ‘Destroy’ Law Banning Political Endorsements by Churches

The New York Times  President Trump vowed on Thursday to overturn a law restricting political speech by tax-exempt churches, a potentially huge victory for the religious right and a gestur

Nonprofits Closing Doors as India Cuts Access to Funds

The New York Times  A nonprofit running schools for children from India's lowest caste may run out of money to pay teachers in just months.

AG will hold off on enforcing parts of lobbying disclosure law

Times Union  While a federal lawsuit unfolds, Attorney General Eric Schneiderman has agreed not to enforce certain provisions of a new state ethics law passed requiring charitable organiza

New ads target the LDS Church and its tax-exempt status

Fox 13 Salt Lake City  New ads airing on cable TV are targeting The Church of Jesus Christ of Latter-day Saints, attempting to build a big enough case to take to the IRS to revoke the fait

Appeals court upholds law exempting Illinois hospitals from property taxes

Chicago Tribune  A 2012 law that exempts many hospitals from having to pay property taxes is constitutional, a state appellate court ruled Thursday.

China Unveils List of Activities Permitted for Foreign Nonprofits

The Wall Street Journal  After months of uncertainty for foreign nonprofits, China released a list of activities the groups will be allowed to pursue under a controversial new law, with a

New Chinese Law Puts Foreign Nonprofits in Limbo

The Wall Street Journal  Hundreds of international nonprofits in China are bracing for the new year when 

IRS Makes Approved Form 1023-EZ Data Available Online

IRS Press Release  The Internal Revenue Service announced today that publicly available information from approved applications for tax exemption using Form 1023-EZ, Streamlined Application

Charitable gambling nonprofits say tax bills bigger than money left for charity

Star Tribune  For every dollar raised through charitable gambling that the Irving Community Association gives to food shelves and children’s programs, it pays more than $2 in taxes.