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January 29, 2024 20 mins

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Here we are, solidly in the 2024 election year, and that means that private foundations need to refresh their understanding of election year issues for organizations that want to remain exempt under Internal Revenue Code Section 501(c)(3) and avoid the onerous private foundation excise taxes that come into play if a private foundation funds impermissible legislative lobbying. This week's episode is a refresh of EO Radio Show's episode 8, first released on July 25, 2022.

For more information on these related election year issues, listeners may want to go back to episode 66, which covered the limitations in IRC Section 501(c)(3) relating to candidate campaign intervention. Episode 67 refreshed an earlier episode that focused on allowable educational and advocacy activities for public charities, including a discussion of the definition of "lobbying" and the two different rules that apply to public charity, the first of which is the subjective test of Section 501(c)(3) and the second alternative, which is the elective test for charities that make the 501(h) election.


Webinar: Election Year Issues for Private Foundations and Public Charities

Bolder Advocacy Article: Private Foundations May Advocate

If you have suggestions for topics you would like us to discuss, please email us at

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DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.

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