Law Office of Jonathan Ackerman, LLC Newsletter
Volume 5.1 -
The Law Office of Jonathan Ackerman, LLC
will continue releasing video vignettes on substantive topics of interest to nonprofit organizations and their officers, directors, trustees, volunteers, and donors.
Each upcoming Newsletter will include a link to a video on topics of interest to nonprofit organizations, such as conflicts of interest, fiduciary duties and liabilities, gift acceptance guidelines, and various issues relating to the creation and maintenance of an endowment, among others. 
Video - The Role and Responsibility of a Fiduciary of a Charitable Organization  
The next two videos relate to the individuals who
have responsibility for the oversight and operation of a charitable organization. These videos present the fundamental concepts of importance to anyone who is currently serving, has served, or is thinking about serving as a director, trustee, or officer of a charitable or other tax-exempt organization. 
The first video defines the individuals who would be considered a "fiduciary" of a charity and describes his or her general role and responsibility in that capacity.

Role of a Fiduciary of a Charity or Tax-Exempt Organization

The second video discusses the various common law duties of a fiduciary of a charitable or other tax-exempt organization and potential methods for limiting the liability of such fiduciaries.  
Duties of Fiduciary of a Charitable or Tax-Exempt Organization 
Duties of Fiduciary of a Charitable or Tax-Exempt Organization
These videos are for informational purposes only and do not constitute legal or tax advice on any matter - Go to to learn more about Jonathan's law practice.
And these videos are extracted from, and represent a small portion of, the full educational videos created in the GetGoodGovernance (G3) offering for nonprofit organizations - Go to to learn more about this online and interactive governance policy production and implementation process.

Fundamentals - Changes to Federal, Maryland and District of Columbia estate, gift & GST tax laws, and some planning tips
The estate tax laws of all three jurisdictions - Federal, Maryland and District of Columbia - have changed, either pursuant to or as a consequence of the Federal Tax Cuts and Jobs Act of 2017 ("2017 Tax Act").
Federal -
  • The amount exempt from federal estate, gift and generation skipping transfer ("GST") taxes
    - the 2017 Tax Act doubles the basic exclusion amount from estate, gift and GST taxes from $5 million to $10 Million (as indexed for inflation). So, in 2018, the amount, which will be exempted from such taxes for any individual, is $11.18 Million, and thus, married couples may exempt up to 22.36 Million, if their estate plans are properly structured. The tax rate for these taxes remains at 40%. Most importantly, these exemption amounts are only applicable to decedents dying between January 1, 2018 and December 31, 2025 and will sunset after that time (which generally means, that the exemption amounts in place as of 2017 will again apply in 2026), unless of course this law is changed in the interim.
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Jonathan Ackerman, Esquire
Law Office of Jonathan Ackerman, LLC
Copyright 2018 Law Office of Jonathan Ackerman, LLC
Disclaimer - The material in this Newsletter is provided for informational purposes only and does not constitute legal or tax advice on any matter. Law Office of Jonathan Ackerman, LLC assumes no responsibility for the accuracy or timeliness of any information provided herein. This information is not a substitute for obtaining legal or tax advice from the reader's own counsel, based upon their own particular set of circumstances. Charitable Registry, LLC is not a law firm and does not render legal advice of any kind.

Jonathan welcomes you to his firm's Newsletter, Volume 5.1, featuring video vignettes
Jonathan briefly describes his work with charities & in gift planning
Some Happenings -  
Donee Reporting

UPDATE - IRS Withdraws Proposed Regulations on Alternative Reporting of Charitable Donations 
The Proposed Regulations would have implemented an exception to the "contemporaneous written acknowledgement" requirement for substantiating charitable contributions of $250 or more.   The Rest of the Story - The IRS has withdrawn these proposed regulations.

Charitable Solicitations

UPDATE - Compliance with Charitable Solicitations Laws - Courts Rule on Disclosure of Un-redacted Schedule B of IRS Form 990

The Court of Appeals for the Ninth Circuit Court of Appeals has held that a California charitable registration requirement was constitutional as applied to two tax-exempt organizations, American for Prosperity Foundation, et al v Becerra (CA 9, 9/11/2018), No 16-55727.
As background, Schedule B generally requires a list of the names and donation amounts of certain donors (who have contributed more than $5,000 in a single year). Though the IRS Form 990 must be made available for public inspection, it does not apply to the Schedule B (IRC Section 6104). California law requires charities to file a copy of their IRS Form 990, including Schedule B, with the State Registry in complying with its charitable solicitations registration requirements.


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