Categories: General

Schedule B 990 Updates

Late last month, a Montana Federal District Court knocked down recently enacted IRS rules that had allowed 501(c)(4) organizations to avoid disclosing their donors on their annual 990 tax returns. The case, brought by the Governor of Montana against the IRS, is Bullock v. IRS (USDC D.MT CV-18-103 GF BMM).

 

Last year, the IRS enacted rules allowing tax exempt organizations (other than charities) exempt under Section 501(c)(3) to cease providing names and addresses of their donors on their 990 Schedule B. These organizations were still required to maintain that data in the event it would be needed and available upon IRS request. The Governors of Montana and New Jersey sued the IRS in an effort to reverse those rules, and prevailed when the Court held that the IRS’ rules promulgation process violated required notice and comment procedures under the Administrative Procedure Act (APA). The fact that the IRS promulgated rules without those requirements proved fatal. The Court did not reach the substance or merits of the rule. The IRS may now either drop the matter, appeal, or engage on the required rulemaking procedure.

 

We hope to monitor developments on this case and look forward to being in touch on future non-profit organizations matters.

 

Christopher T. Craig

Recent Posts

Disability Discrimination Attorney Near Me | Fairfax, Virginia

Searching for a disability discrimination attorney near me? If you have been discriminated against due…

7 days ago

How to Hire a Lawyer Near Me in Fairfax, Virginia

Hiring a lawyer is a big step in legal proceedings. You want to choose the…

2 weeks ago

Understanding the Legalities of Political Expression and Harassment in a Virginia Workplace

Given the political environment, the possibility of political tensions spilling over into workplaces is increasingly…

3 weeks ago

Schedule a Consultation with an Estate Attorney-Fairfax

Many people avoid thinking about estate planning and retaining an estate planning attorney. While the…

4 weeks ago

Virginia Wage Collection Lawyer

All employees in Virginia have rights and protections when it comes to wage theft, regardless…

1 month ago

Race Discrimination Lawyer FAQs

What are some examples of racial harassment?   Racial harassment can include racial slurs, jokes,…

1 month ago