Venable's Nonprofit Organizations Practice is pleased to share recent articles, presentations, and video-recorded webinars by our attorneys. This digest brings together some of our most interesting and useful materials, available for your use in tackling the difficult legal challenges facing your organization.
Notable Articles and Publications
From One State to Another: Changing a Nonprofit's State of Incorporation
Nonprofits periodically ask how they can change their legal domicile or state of incorporation from one state to another. For some, an evolution in the location of physical or virtual headquarters, the type and nature of taxable or tax-exempt affiliated entities in their corporate structure, or the nexus of significant programs prompts the question; for others, a migration far from their original formation state causes the topic to resurface every few years. When thinking about a change in the state of incorporation, nonprofits should understand the legal, administrative, and operational considerations that should be balanced when assessing if their current domicile is suitable, and the procedures available to them to move elsewhere if having a legal home in a different state would better align with their mission and goals.
What Nonprofit Employers Need to Know about Mental Health Parity
The government recently issued final rules on the Mental Health Parity and Addiction Equity Act (MHPAEA). The rules require most employers—including most nonprofits—to take action by January 1, 2025.
Race-Conscious Grantmaking Litigation Updates: What Nonprofits Need to Know
The Fearless Foundation has agreed to shut down its grant program for Black women business owners, settling a lawsuit that has been closely watched by nonprofit grant makers. The decision comes after the Eleventh Circuit Court of Appeals ruled against the Fearless Foundation in June, issuing a preliminary injunction blocking the program from operating while the litigation continued in the trial court.
“Don’t Let the Sun Go Down on Me”
Plan Ahead for the Sunset of Federal Estate and Gift Tax Exemptions at the End of 2025
The Tax Cuts and Jobs Act of 2017 (TCJA) enacted significant changes in the federal estate and gift tax laws commencing in 2018. One of the most notable changes was that the TCJA doubled the federal lifetime gift tax exemption amount, from $5.49 million in 2017 to $11.18 million in 2018 per individual. Under the TCJA, this higher exemption amount was then indexed for inflation in each subsequent each year.