The IRS looks closely at homes for the aging. Organizations must be prepared to face increased scrutiny on tax-exempt status and financing.
Tax-exempt status has long been perceived as appropriate for the traditional retirement home (i.e., congregate housing and life-care facility), which serves the elderly and typically experiences low profit margins. An organization that is both organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes or for testing for public safety may qualify for tax-exempt status under Internal Revenue Code section 501(c)(3). The Internal Revenue Service uses the generic term "homes for the aging" to include all forms of retirement housing facilities (except nursing homes that solely provide the highest level of nursing care). A home for the aging that qualifies under section 501(c)(3) (through satisfaction of the organizational and operational tests) will qualify for charitable status for federal tax purposes if it operates to satisfy the following basic needs of aged persons: suitable housing, healthcare, and financial security. In general, not-for-profit organizations recognized as exempt under code section 501(c)(3) may be eligible for tax-exempt financing to develop a home for the aging through the issuance of tax-exempt bonds. Effective tax-exemption planning is a necessary part of the business planning process by sophisticated not-for-profit organizations that own and operate (or desire to own and operate) charitable homes for the aging and similar housing facilities serving the elderly. The benefits of exempt status remain attractive for many such organizations. The challenge of obtaining and maintaining that status is becoming far more burdensome.
Health Law Department, Gardner, Carton & Douglas, Chicago.
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Peregrine
D000368:Aged; D002202:Capital Financing / Q000331:legislation & jurisprudence*; D002608:Charities / Q000331:legislation & jurisprudence; D006707:Homes for the Aged / Q000191:economics* / Q000331:legislation & jurisprudence; D006801:Humans; D009939:Organizations, Nonprofit / Q000191:economics* / Q000331:legislation & jurisprudence; D010934:Planning Techniques; D013660:Taxes / Q000331:legislation & jurisprudence*; D014481:United States