Interesting article in today's New York Times about how charities' tax-exempt status around the US are being challenged.
While an interesting article raising an important set of questions, I don't believe the article's author did as good a job about distinguishing the real issues as might be helpful.
Three types of exempt issues were introduced although not with distinction. The distinctions are important as they serve as lessons for nonprofit managers and boards.
So....the IRS/Federal Government gives a tax-exempt status that exempts nonprofits from having to pay corporate income tax for the work they do. This exemption also then ensures that contributions by individuals to these organizations are exempt for filing and tax payment purposes. The IRS has some nebulous set of standards for determining when a charity is in default or failing to perform as a charity.
This nebulousness is true but for one aspect which is referred to as UBIT - unrelated business income tax. This tax can be assessed, in simple terms, when a nonprofit conducts activities that generate income (through fees and sponsorships) that are not central to the core mission.
Municipalities/counties also grant tax exempt status for property owned by tax exempt organizations. Many colleges and some hospitals make payments in lieu of taxes to help offset a town's cost for services to the tax exempt organization. Municipalities, as noted more or less in the article, have the option not give tax exempt status and try to do so particularly for any part of a property that is not being used specifically for the charity's purpose even if it is used to generate income that the IRS accepts as tax exempt.
Nonprofit managers and boards need to pay attention to these issues but I believe only the big guys, hospitals and colleges, really do have something to worry about as the public calls to question what the return on tax exemption is giving them.