State Compliance and Tax
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End of IRS’s Health Insurance Reprieve?
In 2015 the IRS let its transitional relief for employer-paid individual health premiums lapse on June 30, leaving a $100 per employee, per day ACA penalty.
“Charity”: A Brief History Lesson
How the English Statute of Charitable Uses of 1601 and the IRS definition shaped today's Section 501(c)(3) charity. Learn more from Wagenmaker & Oberly.
Lessons from Barrett: Same-Sex Discrimination Ruling Against Catholic School and Resulting Religious Liberty Considerations
In Barrett v. Fontbonne Academy, a Massachusetts judge ruled against the Catholic school, whose religious exemption failed because it enrolled non-Catholics.
Tax Time for Nonprofits: Form 990 Reporting for Tax-Exempt Organizations and Related IRS Requirements
Form 990-N covers gross receipts of $50,000 or less, calendar-year returns are due May 15, and IRS Form 8868 secures an automatic filing extension.
Free Speech Rights Affirmed; Campaign Contribution Limits Removed: The 5-4 McCutcheon Decision and Its Implications
In the 5-4 McCutcheon v. Federal Election Commission ruling, the Supreme Court struck down aggregate contribution limits but upheld the individual limits.
Paid Sick Leave Trending – Chicago and Beyond
Chicago's 2017 Paid Sick Leave Ordinance: one hour accrued per 40 hours worked, a 40-hour cap per 12-month period, and no small-employer exception.
Keeping Track of Nonprofit Government Filings: 990s, Annual Reports, Taxes, and More
Covers IRS Form 990 deadlines, the $50,000 revenue line for Form 990-N, state annual reports, and the five-year renewal of Illinois sales tax exemption.
Congress Seeks to Restrain IRS on “Dark Money” Schedule B Donor Disclosures
The IRS's Revenue Procedure 2018-38 ended Form 990 Schedule B donor reporting for 501(c)(4) groups. The Senate voted 50-49 in 2018 to repudiate that rule.
Schedule B Disclosures: Donor Victory Against California AG and New Congressional Bill Providing Donor Protection
Judge Manuel Real's April 2016 ruling barred the California attorney general from compelling Schedule B donor lists from Americans for Prosperity Foundation.
Overtime Reprieve – Cause for Thanksgiving!
In November 2015 the Department of Labor shelved a proposed $50,440 exempt salary minimum after 270,000 public comments. What the delay meant for nonprofits.
Employee Termination: Navigating the Ordeal
Wagenmaker & Oberly shares a Telios Law article on employment termination best practices before, during and after. Telios was founded by Theresa Sidebotham.
Workshops: Nonprofit “Check-Ups” and AI
Sally Wagenmaker and Paul Winters lead workshops on IRS 990 reporting, governance and AI data privacy at the October 2025 Christian Legal Society conference.
Illinois CPA Society Conference
W&O attorney Meaghan Falkanger and CPA David Lowenthal of Plante Moran cover nonprofit political activity rules at the December 2, 2025 conference.
Three External Fraud Threats Nonprofits Should Address
A CapinCrouse guest article on three external fraud risks: FBI-flagged business email compromise, check washing and Ponzi schemes, plus how to report to IC3.
International Grantmaking by Public Charities: Federal Tax Framework
U.S. borders need not constrain the activities of U.S.public charities. A §501(c)(3) public charity may work internationally through grantmaking, provided that it adheres to federal tax framework.
Napa Legal’s Faith & Freedom Index
Napa Institute Legal Foundation's 211-page Faith & Freedom Index scores U.S. jurisdictions on religious and regulatory freedom for faith-based nonprofits.
Leadership Response to Sexual Harassment Complaints: A Step-by-Step Guide to Minimizing Your Risk of Liability
Published with permission from Theresa Sidebotham of Telios Law, this guide walks through interim steps, internal investigations, and EEOC liability risk.
Employee or Independent Contractor? New DOL Guidance Now On Hold
The U.S. Department of Labor's January 2021 economic reality rule was set for March 8, 2021, but the Biden administration placed it on hold for review.
Remote Financial Operations and the Coronavirus Pandemic
Adapted from BMWL, this March 2020 article covers remote payroll, contributions processing, remote deposits, and cloud accounts payable tools like Bill.com.
Chicago’s Paid Leave Ordinance on Hold
Chicago's City Council voted on December 13, 2023 to delay the Paid Leave and Paid Sick and Safe Leave Ordinance from January 1 to July 1, 2024.
Shifting Winds on Title VII’s Extension to Sexual Orientation? Zarda v. Altitude Express and the Trump Administration’s Amicus Brief
A 2017 Department of Justice amicus brief in Zarda v. Altitude Express argued Title VII does not reach sexual orientation, unlike the Hively ruling.
Who Benefits?
The IRS denied Section 501(c)(4) status to a dental benefits applicant whose exclusive license agreement served one closely related corporation and its members.
IRS Reprieve on Health Insurance Premium Tax Penalties
IRS Notice 2015-17, issued February 28, 2015, gave employers temporary relief from $100 per employee per day excise penalties through June 30, 2015.
AI Usage - Nonprofit Possibilities and Pitfalls
Illinois BIPA produced a $650 million Facebook settlement in 2021, and California requires compliance for automated decision-making by January 1, 2027.
Nonprofit Legal Check-Up
A legal check-up list covering bylaws, state charitable solicitation renewals and IRS Form 990 filings, due four and a half months after the fiscal year end.
Religious Ownership + Charitable Usage = Property Tax Exemption
In First United Methodist Church v. Dep't of Revenue, an Illinois appellate court applied the Methodist Old People's Home charitable use test to a church.
Freedom Path’s Section 501(c)(4) Journey Continues
A September 30, 2025 D.C. district court held Revenue Ruling 2004-6's facts and circumstances test fails vagueness review as applied to Freedom Path, Inc.
IRS Public Inspection Requirements for Charities
Nonprofits must supply IRS Form 990s and their Form 1023 within 30 days of a request, with a $20 per day penalty up to $10,000 per Form 990 requested.
Expanding the “Ministerial” Exception and “Church” Autonomy Doctrine
Three Ninth Circuit decisions - Markel, McMahon, and Union Gospel - widen the ministerial exception and church autonomy doctrine for religious employers.
Always Listening: AI Automatic Note Takers and Related Risks
AI transcription can qualify as an eavesdropping device under Illinois law at 720 ILCS 5/14-1, widening discovery and PII exposure for nonprofit boards.
Illinois Employment Law Updates
The Illinois Human Rights Act barred discriminatory AI use in employment decisions on January 1, 2026, and widened the state filing window to two years.
Anatomy of a Nonprofit Real Estate Transaction
A nonprofit property purchase runs from board authorization and title commitment through FIRPTA certification and a county property tax exemption filing.
Overtime Pay Update
The July 2025 One Big Beautiful Bill Act allows up to a $12,500 deduction for single filers on FLSA overtime pay earned in tax years 2025 through 2028.
Saving for the Future: Trump Account FAQs
Trump Accounts open July 5, 2026, with a $1,000 federal seed contribution for children born 2025-2028 and a $2,500 annual employer contribution cap.
Form 990-N: A Simple Tax Filing Option for Small Nonprofits
Which nonprofits can file the IRS Form 990-N e-Postcard? Eligibility turns on gross receipts normally $50,000 or less, plus the 5th-month due date.
Can Churches Get Political?
Can churches get political, or should they? These questions may feel especially loaded as the heat of our political landscape seemingly burns hotter than ever.
What’s in a Nonprofit Name? Trademark Protection and More
A nonprofit’s name is only a trademark to the extent the corporate name is used to distinguish and identify your organization as the exclusive provider to the public.
Trademark Distinctiveness: Legal Protection and Best Practices
Q&A: Who Owns The Pastor’s Sermons, Blogs & Books?
Understand copyright ownership of pastor sermons and nonprofit works with legal insights. Discover guidance Learn more about nonprofit compliance, legal structures, and IRS.
Nonprofits, Volunteers, and Copyright: Clarifying Ownership and Usage Rights
Learn about copyright ownership for nonprofit volunteers including legal compliance. Explore guidance Learn more about nonprofit compliance, legal structures, and IRS.
A Nonprofit’s Guide to Copyright Law for Derivative Works
Learn about copyright law for nonprofit derivative works including legal compliance. Explore guidance on intellectual property Learn more about nonprofit compliance, legal.
Federal Court Denies Title VII Sexual Orientation Claim, But With Serious Reservations About Underlying Rationale
In Hively v. Ivy Tech Community College, decided July 28, 2016, the Seventh Circuit rejected a sexual orientation claim under Title VII but questioned the rule.
IRS and U.S. House Respond to Treasure Audit; All Better Now?
IRS Commissioner John Koskinen answered a U.S. House subcommittee about the 224-page TIGTA report and the handling of 501(c)(4) exemption applications.
FLSA Overtime Rules Finalized: U.S. Department of Labor Raises Salary Threshold for Exempt Employees
The U.S. Department of Labor raised the exempt salary threshold from $455 to $913 per week, or $47,476 a year, effective December 1, 2016. Nonprofits included.
Welcome Relief: Clergy Housing Allowance Upheld
A Wisconsin federal court struck down the clergy housing allowance in 2013, but the Seventh Circuit reversed Freedom From Religion Foundation v. Lew in 2014.
U.S. House of Representatives Releases Comprehensive Tax Reform Bill
The House's Tax Cuts and Jobs Act, released November 2, 2017, would ease the Johnson Amendment in Section 5201 and tax nonprofit pay over $1 million at 20%.
Federal Judge Halts New Overtime Pay Rule
Judge Amos Mazzant's nationwide injunction stopped the Labor Department rule that would have raised the exempt salary floor to $913 a week on Dec. 1, 2016.
Coming Back to Work: The Careful COVID-19 “New Normal”
The May 1, 2020 congressional screening guidelines, six-foot spacing, and the ADA and EEOC limits on employee health questions, for nonprofit boards and staff.
Unpacking Trump’s Religious Liberty Executive Order
Trump's May 4, 2017 order, Promoting Free Speech and Religious Liberty, tells the IRS to ease Johnson Amendment enforcement against houses of worship.
IRS Not Above First Amendment
In Z Street v. Koskinen (D.D.C. 2014), the court let a viewpoint discrimination claim proceed after the IRS routed the group's Form 1023 for extra review.
Want to Grow Your Nonprofit’s Funding? 7 Questions Every Nonprofit Leader Should Ask
Guest author Sherry Quam Taylor poses seven questions on budgets, donor segments, and presenting your budget in IRS Form 990 format to grow funding.
501(c)(3) Nonprofit Advocacy for U.S. Supreme Court Nominees: Thumbs Up or Down?
After Justice Scalia's death, this 2016 article explains when 501(c)(3) charities may speak on Supreme Court nominees and where lobbying limits begin.
Wagenmaker & Oberly, LLC Co-Founder featured in National Catholic Register’s Article on the IRS’ Mishandling of Exempt Applications for Pro-Life Organizations
Sally Wagenmaker spoke with the National Catholic Register in August 2013 about IRS delays on Form 1023 applications from pro-life nonprofit groups.
A Healthy Dose of Charity: The Carle and Oswald Property Tax Exemption Appeals
How Illinois courts handled the Carle Foundation and Oswald v. Hamer appeals, and why charitable activity must occur on the property itself to qualify.
Property Tax Exemption - Webinar
Watch our webinar on the nonprofit property tax exemption. Learn the requirements and legal strategies to secure tax-free status for your facilities.
Illinois Rejects “Amazon” Sales Tax
Read about why Illinois rejected the Amazon sales tax and what these e-commerce tax law changes mean for residents and organizations in the state.
Help is on the Way – How Nonprofits Can Aid Disaster Relief Efforts While Maintaining Exempt Status Within Applicable IRS Requirements
Discover how nonprofits can aid disaster relief efforts legally. Learn the guidelines for maintaining your exempt status while providing emergency aid.
Proving A Nonprofit’s Worth: Chicago Nonprofits Battle to Reclaim Water Exemption
Follow the legal battle as Chicago nonprofits fight to reclaim their water exemption, proving their worth and defending critical operational benefits.
Donor Disclosure Laws and the Courts: Challengers Win in New York and New Jersey
Navigate donor disclosure laws and the NJ political contribution disclosure form. See how recent court rulings in New York and New Jersey affect you.
Charitable Receipting Double Check
Double-check your charitable split receipting practices. Ensure your nonprofit follows IRS rules for acknowledging donations and quid pro quo gifts.
New Salary Threshold for White Collar Exemption
Learn about the new salary threshold for the white collar exemption. Ensure your nonprofit correctly classifies employees under updated FLSA rules.
“Second Verse, Same as the First?” – Clergy Housing Allowance Under Attack… Again
Stay informed on the recurring legal attacks against the clergy housing allowance and what these court battles mean for religious tax exemptions.
“Play Between the Joints” and Tax Theory: Reflections on Seventh Circuit’s Clergy Housing Allowance Ruling
Reflect on the Seventh Circuit's ruling in Gaylor v. Mnuchin regarding the clergy housing allowance and its broader implications for tax theory.
Taking Aim at New Nonprofit Parking Tax: Can This Please Be Undone?!
Review the ongoing efforts to repeal the new nonprofit parking tax. Understand how this tax impacts charitable organizations and compliance.
Nonprofit Tax Exemption: Post-Obergefell
Examine the landscape of nonprofit tax exemption post-Obergefell. Review defense briefs and legal strategies for religious organizations.
Politics Run Amok? Issue Advocacy and Democracy, Wisconsin Style
Examine political issues in Wisconsin and the boundaries of issue advocacy for nonprofits navigating democracy and campaign finance laws.
Is the IRS Back in Church?
Review the latest IRS tax regulations and compliance updates for churches. Ensure your religious organization maintains its tax-exempt standing.
Defying the IRS Preaching Ban: Good Politics?
Analyze the legal risks of defying the IRS preaching ban. Learn the boundaries of political speech and issue advocacy for tax-exempt churches.
As the IRS’s Proposed 501(c)(4) Regulations Turn
Understand the IRS proposed 501(c)(4) regulations and what these new rules mean for the political activities of social welfare organizations.
Nonprofits and Politics: Full Steam Ahead for “Issue Advocacy”
Navigate the rules of issue advocacy for nonprofits. Learn how your tax-exempt organization can safely engage in the political process.
Handling a Child Abuse Allegation – Webinar Link
Access our webinar on handling child abuse allegations. Learn the proper legal protocols and mandatory reporting requirements for your organization.
Year-End Deadline for Illinois Sexual Harassment Training Program
Prepare for the year-end deadline for the Illinois sexual harassment training program. Ensure your nonprofit organization remains fully compliant.
Paid Nonprofit Leaders And Conflict Issues: New York Leading the Way?
Explore how New York is leading the way in regulating paid nonprofit leaders and addressing conflict of interest issues within charitable organizations.
Unique Expressions of Churches - Presentation
Explore the unique expressions of churches and the specific legal and tax considerations that religious organizations must navigate to stay compliant.
Mandatory Reporting - Webinar
Watch our ECAP webinar covering mandatory reporting requirements. Learn how your organization can comply with legal obligations to report abuse.
Indemnification – Huh?
How important is corporate indemnification? Learn why indemnifying your board of directors and officers is a critical step for nonprofit governance.
#MeToo and You
Understand the Workplace Transparency Act and mandatory disclosure rules to the Illinois Department of Human Rights regarding sexual harassment claims.
Health Benefits Relief in Sight: Employer-Provided HRAs Back to Pre-Tax Treatment
Are HRA benefits taxable? Discover how employer-provided HRAs are returning to pre-tax treatment and what excepted benefit HRAs mean for your team.
L.A. Times cites W & O attorney Oberly on risks of shared charitable resources
Read the L.A. Times feature citing our attorney on the compliance risks and legal challenges associated with shared charitable resources for nonprofits.
State Sales Tax Liability in Wayfair’s Wake
South Dakota v. Wayfair (2018) overturned Quill, letting states tax remote sales above $100,000 or 200 transactions and reshaping nonprofit sales tax duties.
Stretching to Save Property Tax Exemption Statute: The Oswald Ruling
In Oswald v. Hamer, the Illinois Supreme Court upheld the 2012 charitable property tax exemption statute for hospitals under the 'used exclusively' standard.
Protecting Nonprofits: Risk Management Tips
Attorney Sally Wagenmaker shares nonprofit risk tips: a corporate records notebook, an employee handbook, and annual clergy housing-allowance resolutions.
Mandated Reporter Essentials
Nonprofits serving children must follow mandatory reporting laws like Illinois' ANCRA and federal CAPTA, where a first violation is a Class A misdemeanor.
Four Tips for Creating Effective Nonprofit Communications
Attorney Raydia Martin shares four tips for nonprofit communications: tell a story, show measurable change, write clearly, and end with a call to action.