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Tax-Exempt Organizations Publications of Interest

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05/11/12 Proposed Regulations Offer New Examples of Program-Related Investments
New examples describe additional charitable purposes and investment structures for PRIs.
01/03/12 D.C. Nonprofit Corporation Law Changes for 2012
Revisions to the District of Columbia Nonprofit Corporation Act affect the governance and internal operations of certain D.C. nonprofits.
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05/11/12 Proposed Regulations Offer New Examples of Program-Related Investments

LawFlash/Client Alert | Tax-Exempt Organizations LawFlash
Celia Roady, Matthew Elkin, Edward Chaney, Kimberly Eney, Alexander Reid

New examples describe additional charitable purposes and investment structures for PRIs.

01/03/12 D.C. Nonprofit Corporation Law Changes for 2012

LawFlash/Client Alert | Tax-Exempt Organizations LawFlash
Celia Roady, Matthew Elkin, Edward Chaney, Kimberly Eney

Revisions to the District of Columbia Nonprofit Corporation Act affect the governance and internal operations of certain D.C. nonprofits.

03/11/11 Final Regulations Regarding FBAR Requirements for Exempt Organizations

LawFlash/Client Alert | Tax-Exempt Organizations LawFlash
Tax-Exempt Organizations Practice

The Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury Department issued final rules (RIN 1506-AB08) on February 24, 2011 regarding the requirements for certain U.S. persons to file Form TD F 90-22.1, Report of F... more

03/02/10 What Are the Consequences of the New FBAR Guidance for Exempt Organizations?

LawFlash/Client Alert | Tax-Exempt Organizations LawFlash
William Colgin, Jr., Barton Bassett

The Financial Crimes Enforcement Network (FinCEN) of the U.S. Treasury Department issued a Notice of Proposed Rulemaking (RIN 1506-AB08) on February 23 regarding the requirements for certain U.S. persons to file Form TD F 90-22.1... more

01/11/10 IRS Issues Document Corrections Program for Deferred Compensation Plans Under Code Section 409A

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On January 5, 2010, the Internal Revenue Service (IRS) issued Notice 2010-6 (Notice), which establishes a document correction program for nonqualified deferred compensation programs under section 409A of the Internal Revenue Cod... more

12/24/09 IRS Issues Final Regulations Governing Options Granted Under Employee Stock Purchase Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On November 16, the Internal Revenue Service (IRS) issued final regulations with respect to options granted under an employee stock purchase plan (ESPP) under Section 423 of the Internal Revenue Code (the Code). The IRS also is... more

12/23/09 RMG Finalizes 2010 Executive Pay Policy

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

A prior Morgan Lewis LawFlash addressed the proposed changes by RiskMetrics Group (RMG) (formerly Institutional Shareholder Services, or ISS) to its proxy advisory policies to be in effect for the 2010 proxy season. more

12/22/09 COBRA ARRA 65% Assistance Payment Eligibility, Duration Extended

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On December 19, President Obama signed the Department of Defense Appropriations Act 2010 into law, and as a result, extended the COBRA American Recovery and Reinvestment Act of 2009 (ARRA) 65% assistance payment provisions adopt... more

12/21/09 IRS Issues Final Regulations on Reporting Requirements for Incentive Stock Options and Employee Stock Purchase Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On November 16, the Internal Revenue Service (IRS) issued final regulations relating to the reporting requirements under Section 6039 of the Internal Revenue Code (the Code) for incentive stock options (ISOs) and employee stock ... more

12/17/09 Healthcare Reform: Core Concepts for Employer Group Health Plans

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

While it is still too early to tell whether the healthcare reform bills on Capitol Hill will ultimately become law-or collapse into bitter recriminations-it is already possible to pick out the core employer group health plan con... more

12/15/09 IRS to Collect Data on Charity Governance Practices During Examinations

LawFlash/Client Alert | Tax-Exempt Organizations LawFlash
Tax-Exempt Organizations Practice

The Internal Revenue Service (IRS) recently released a new governance check sheet that its agents will use to collect data about the governance practices and related internal controls of 501(c)(3) public charities under examinat... more

12/10/09 Health and Welfare Plans: 2009 Year-End Review

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

While our nation's eyes are focused on Washington, D.C. and the continuing debate about healthcare reform, another year is drawing to a close-and there are many other developments that must be addressed by health and welfare pl... more

12/09/09 Executive Compensation and Equity Compensation Plan Issues for Consideration as 2010 Approaches

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The following checklist describes important issues for consideration as 2009 comes ta close and we enter int2010. Though not exhaustive, this list is intended tprovide a reminder of some of the issues that will need tbe consider... more

11/18/09 November 30, 2009 Is Deadline for Plan Sponsors to Finalize 2009 Required Minimum Distribution Procedures

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 24, the Internal Revenue Service (IRS) issued Notice 2009-82, which provides for a November 30, 2009 deadline for defined contribution plan sponsors to finalize their required minimum distribution (RMD) waiver proc... more

11/17/09 RiskMetrics Group Releases Proposed Changes to Proxy Advisory Policies for 2010 Proxy Season

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Recently, RiskMetrics Group (RMG) (formerly Institutional Shareholder Services, or ISS) released proposed changes to its proxy advisory policies to be in effect for the 2010 proxy season. The comment period on the proposed poli... more

11/16/09 DOL Holds: Security Interest Creates IRA Prohibited Transaction

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 27, the Employee Benefits Security Administration of the U.S. Department of Labor (DOL) released Advisory Opinion 2009-03A (Advisory Opinion), which could have implications for brokerage firms and other financial inst... more

11/12/09 IRS Grants Hybrid Pension Plan Relief on Timing of Amendments and Notices

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On November 10, the IRS released Announcement 2009-82, which gives sponsors of cash balance and other hybrid pension plans additional time to bring their plans into compliance with the Pension Protection Act of 2006 (PPA) requir... more

11/09/09 Department of Labor Issues Supplemental FAQs about the 2009 Form 5500 Schedule C Fee Disclosure Rules

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 23, the U.S. Department of Labor (DOL) released its much-anticipated guidance on how to complete the new Schedule C to Form 5500. The new Schedule C must be used to report certain direct and indirect compensation rec... more

11/06/09 IRS Announces Retirement Plan Limitations on Benefits and Contributions

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On October 15, the Internal Revenue Service (IRS) announced in a news release (IR-2009-094) the cost-of-living adjustments to be applicable to dollar limitations for defined benefit pension and defined contribution plans and oth... more

10/29/09 New Internet Posting Requirement for IRS Form 5500 Actuarial Information

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

Sponsors of defined benefit pension plans are now required to post certain information from IRS Form 5500 on their internal company intranets. This posting requirement was added by the Pension Protection Act of 2006 (PPA) effec... more

10/26/09 IRS Mounts Major Payroll Tax Audit Initiative of 6,000 Companies

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

The Internal Revenue Service (IRS) has quietly unveiled its most significant audit initiative in decades—an initiative the IRS confirmed last week with little fanfare even though its expansive scope will target the federal... more

10/16/09 New GINA Regulations Severely Hamper Health Risk Assessments

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

New interim final regulations issued under the Genetic Information Nondiscrimination Act of 2008 (GINA) require employers to quickly evaluate and implement the new regulations before the 2010 plan year, especially with regard to... more

09/29/09 IRS and Treasury Release New Guidance Aimed at Improving Retirement Savings

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 5, the Internal Revenue Service (IRS) and the Department of Treasury issued new guidance as part of the Obama administration's initiatives aimed at retirement and savings. The guidance, issued in the form of four n... more

09/18/09 Tax-Qualified Retirement Plans: Year-End Action Items and the HEART Act

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

As fall approaches, it is important for plan sponsors to review whether any qualified plan action items must be addressed prior to year-end. The following checklist describes potential year-end amendments and notices that may b... more

09/15/09 Department of Labor Permits Use of Summary Prospectus to Meet Section 404(c) Prospectus Delivery Requirements

LawFlash/Client Alert | Employee Benefits LawFlash
Employee Benefits Practice

On September 8, the U.S. Department of Labor (the DOL) issued EBSA Field Assistance Bulletin No. 2009-3, which addresses whether a plan fiduciary may use a mutual fund's summary prospectus to satisfy its prospectus delivery... more

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