New Legislation Could Impact Nonprofits’ Tax-Exempt Status: Practical Considerations

The U.S. House of Representatives recently passed the Stop Terror-Financing and Tax Penalties on American Hostages Act, which, if enacted, could significantly affect the operations of nonprofit organizations across the country. The bill, now awaiting consideration in the Senate, has drawn widespread attention from nonprofits and civil society groups concerned about its potential implications.

Here’s what nonprofit professionals need to know about this legislation, the processes it introduces, and the practical implications for the sector.

Key Provisions of the Bill for Nonprofits with Tax-Exempt Status

The proposed legislation would give the U.S. Treasury Department unilateral authority to revoke the tax-exempt status of any nonprofit designated as a “terrorist-supporting organization.” According to the bill, this designation applies to nonprofits determined to have provided material support to terrorist organizations within the past three years.

Nonprofits affected by this designation would have 90 days to appeal. However, critics argue that the appeal process may lack transparency, as the Treasury is required to disclose only the evidence deemed consistent with “national security and law enforcement interests.”

The bill also includes a provision postponing tax filing deadlines for Americans held hostage or unlawfully detained abroad, but the primary focus remains on granting the Treasury Secretary significant power over nonprofit tax statuses.

Concerns From the Nonprofit Sector

Organizations such as the American Civil Liberties Union, Amnesty International USA, Oxfam America, and others have raised concerns about how the bill could be used in practice. Critics argue that the legislation:

• Lacks Adequate Due Process Protections: Nonprofits may not receive full disclosure of the evidence used against them, limiting their ability to mount a comprehensive defense.
• Shifts the Burden of Proof: Designated nonprofits must prove their innocence rather than the government proving guilt. This reversal could impose substantial administrative and legal burdens.
• Risks Operational and Reputational Harm: Even if a nonprofit successfully appeals a designation, the interim period could lead to significant disruption and damage to the organization’s reputation.

These concerns are amplified by the fact that supporting designated terrorist organizations is already illegal under U.S. law. Many nonprofit leaders question whether the proposed legislation introduces redundant mechanisms while creating new risks for civil society groups.

Practical Implications for Nonprofits

For nonprofit leaders and professionals, understanding the practical ramifications of this bill is essential, regardless of its ultimate fate in the Senate.

1. Review Internal Controls: Organizations should evaluate their current governance, compliance, and operational processes to ensure they align with existing legal requirements. Regular audits of financial transactions and partner organizations can help mitigate potential risks.
2. Strengthen Recordkeeping and Transparency: Maintaining thorough and transparent documentation of all activities, partnerships, and funding sources is critical. This can serve as evidence of compliance if the organization’s operations are scrutinized.
3. Engage Legal Expertise: Nonprofits should consult legal professionals with experience in tax-exempt law and compliance. They can provide guidance on navigating evolving regulations and reducing exposure to potential risks.
4. Advocate for Fair Oversight: Civil society organizations can play a constructive role by advocating for regulations that balance national security concerns with protections for nonprofit operations and free expression.
5. Prepare for Reputational Challenges: Organizations may wish to develop communication strategies to address potential concerns from stakeholders, donors, and partners if their operations are questioned.

Broader Impact on the Sector

The bill raises broader questions about the relationship between the nonprofit sector and regulatory authorities. Nonprofits with tax-exempt status often operate in challenging environments, working with vulnerable populations and addressing issues that may intersect with politically sensitive areas. While accountability and transparency are paramount, legislation that introduces new oversight mechanisms must also consider the operational realities of nonprofits and the importance of due process.

By engaging proactively and preparing for possible changes, nonprofits can safeguard their missions while continuing to deliver vital services.

Conclusion

The Stop Terror-Financing and Tax Penalties on American Hostages Act represents a potential shift in how nonprofit organizations are regulated. While its stated goal is to prevent the misuse of the tax code for supporting terrorism, the bill also introduces significant challenges for nonprofits, including the possibility of misapplication or unintended consequences.

Nonprofit professionals should remain informed about the bill’s progress and consider taking steps now to enhance their governance and compliance frameworks. By doing so, they can continue to focus on their core missions while navigating a changing regulatory landscape.