Distinguishing between an employee and an independent contractor lies on a thin line of control. The IRS defines this control by utilizing three categories: behavioral control, financial control, and the type of relationship. As an employee, an individual is entitled to certain benefits that an employer generally guarantees such as health care, pension plan, or […]
In the last presidential election, one of the rallying points for voters was President Trump’s desire to “drain the swamp.” The “swamp” is a metaphor for the bureaucracy of the federal government and the special interests that control our laws. President Trump never said how this goal would be accomplished, but one thing for sure is he has failed to use the one true vehicle to accomplish this goal — the United States Tax Code.
The process of creating a tax-exempt organization is generally viewed as a difficult process and while the individual steps can be daunting and time consuming, the differences between beginning a corporation and beginning a tax-exempt corporation are largely similar. This article will discuss the chief differences that should be noted when starting a tax-exempt corporation as well as briefly address liability issues with unincorporated organizations and LLCs. The focus of this article is on Nebraska and corporations being formed under its laws, however, because tax-exemption is largely a creature of federal law much of the article is applicable to corporations formed in other states as well so long as care is given to address differences in state corporate law.