In a letter sent to newly confirmed Treasury Secretary Janet Yellen last Wednesday, Senators Sheldon Whitehouse and Elizabeth Warren called for renewed efforts to “rein in abuse by ‘dark money’ organizations” and urged Secretary Yellen to bolster the IRS’s “woefully inadequate” regulation and enforcement related to the political activity of
Continue Reading Senators Urge Secretary Yellen to Expand IRS Regulation and Enforcement of Political Spending by 501(c)(4) Organizations
Susan Leahy
Susan Leahy has advised tax-exempt, nonprofit organizations on tax and corporate governance matters for over 25 years. She assists organizations in obtaining and maintaining tax-exempt status and advises boards and senior executives on a range of governance policies and procedures.
In her work with tax-exempt organizations that operate in the United States, as well as internationally, Susan regularly:
- Counsels clients on the tax implications involving:
- Self-dealing, inurement, and impermissible private benefit to individuals and for-profit companies;
- Lobbying, and political activities;
- Unrelated business income tax;
- Excess benefit transactions and compensation of executives;
- Joint ventures and relationships with for-profit organizations;
- Mergers of tax-exempt organizations and the acquisition or donation of assets; and
- Corporate sponsorship.
Advises nonprofit boards of directors, board committees, and management with respect to:
- Corporate formation and good governance principles;
- Preparation for board and committee meetings; and
- Conflicts of interests.
- Provides guidance on state corporate and tax compliance for nonprofit organizations.
"Susan has been my ‘Go-To’ attorney for adept legal strategy and guidance for over 20 years. Susan skillfully led our organization’s volunteer leadership through a needed transition with compassion and sensitivity. Her legal assistance remains invaluable!” a nonprofit organization client noted.
“I highly value Susan’s expertise, responsiveness, and pragmatism,” said another client. “Her insight and advice have proven invaluable time and time again and remain integral to our ability to operate quickly and nimbly.”
Susan is the past chair of the Exempt Organizations Committee of the District of Columbia Bar and a member of the American Bar Association. Susan received her J.D. from Catholic University of America, Columbus School of Law and a B.B.A. from St. Bonaventure University.
Reporting Donors’ Names to IRS No Longer Required for Certain Nonprofits Per Final Treasury Regulations
Certain tax-exempt organizations are no longer required to report to the IRS the names and addresses of donors on IRS Form 990, Schedule B, according to final regulations published on May 28, 2020. Noncharitable organizations, such as 501(c)(4) social welfare organizations and 501(c)(6) trade associations, may report only the amounts…
Continue Reading Reporting Donors’ Names to IRS No Longer Required for Certain Nonprofits Per Final Treasury Regulations
IRS Issues Notice of Proposed Rulemaking on Donor Disclosure Rules in Response to Court Ruling
The Internal Revenue Service today announced proposed regulations to eliminate donor information disclosure requirements for certain nonprofits. The proposed regulations provide “relief from requirements to report contributor names and addresses on annual returns filed by certain tax-exempt organizations, previously provided in Revenue Procedure 2018-38.” Once the notice is published in…
Continue Reading IRS Issues Notice of Proposed Rulemaking on Donor Disclosure Rules in Response to Court Ruling
Montana Federal Court Halts IRS Policy that Eliminated Reporting of Donor Information
The Internal Revenue Service (IRS) must adhere to public notice-and-comment procedures before it can relieve certain tax-exempt organizations of the burden of reporting the names and addresses of their donors to the IRS, a Montana federal court ruled this week. Last year’s Revenue Procedure 2018-38 provided that tax-exempt organizations, other…
Continue Reading Montana Federal Court Halts IRS Policy that Eliminated Reporting of Donor Information
Political Law Potpourri—The Consolidated Appropriations Act of 2018
While the din over a possible government shutdown dominated the headlines, political law played a supporting role in the recently enacted Consolidated Appropriations Act (Pub. L. No. 115-141). The content and omissions of the so-called “Omnibus” spending bill will be of interest to political actors in all sectors,…
Continue Reading Political Law Potpourri—The Consolidated Appropriations Act of 2018
House Tax Bill Opens Door to Expanded Political Activity By Charities
UPDATE: The provision in the House bill, discussed below, was not included in the final Conference Agreement that became law.
There is one very important political law provision to watch as the tax bill moves to a final vote in the Senate, and potentially a conference committee reconciles the House…
Continue Reading House Tax Bill Opens Door to Expanded Political Activity By Charities
IRS Steps into Fray on Political Activities
The Internal Revenue Service (IRS) recently issued two private letter rulings (PLRs) that may be interesting for tax-exempt organizations that engage in political activity.
In the first ruling, the IRS held that a company could not deduct payments made to charity under a PAC matching contribution program as an “ordinary…
Continue Reading IRS Steps into Fray on Political Activities
501(c)(4) Social Welfare Organizations Must Provide Notice to the IRS
In December 2015, we informed readers of the new requirement for 501(c)(4) social welfare organizations to notify the IRS upon formation. Enforcement of the requirement was delayed until the IRS was able to issue an appropriate form. The IRS recently announced that 501(c)(4) organizations may now register on the IRS…
Continue Reading 501(c)(4) Social Welfare Organizations Must Provide Notice to the IRS
UPDATE: 501(c)(4) Organizations Not Required To Provide Notice Until Treasury Issues Regulations
Under a new law, each 501(c)(4) organization will have to notify the IRS of the intent to operate as a 501(c)(4) organization; however, such notice will not be due until at least 60 days after regulations are issued implementing the notification procedures.
As reported in Inside Political Law on December…
Continue Reading UPDATE: 501(c)(4) Organizations Not Required To Provide Notice Until Treasury Issues Regulations
PATH Act Requires 501(c)(4) Organizations To Provide Notice To IRS After Formation
Under recent legislation, newly-created and certain existing 501(c)(4) social welfare organizations must file a notice with the IRS. In the past, social welfare organizations were not required to submit an application (Form 1024) to the IRS to be recognized as a tax-exempt organization but could “self-declare” exempt status, as long…
Continue Reading PATH Act Requires 501(c)(4) Organizations To Provide Notice To IRS After Formation