Author Archives: Jay Butchko
Unrelated Business Income Tax Primer for Nonprofits
What do all the following scenarios have in common? A nonprofit youth camp leases its facilities during the off season for weekend business conventions; a homeless shelter forms a joint venture with private investors to raise money for the construction of a new facility; a church sells Christmas trees at twice their cost to… Read More »
Seventh Circuit to Hear Constitutional Challenge to Ministerial Housing Allowance
Does your organization have ordained ministers? Do you give them a tax-free payment yearly to help with their housing? If so, read more about the upcoming hearing that challenges the constitutionality of this practice, as well as what it means and does not mean for your organization. Later this year, in the case… Read More »
“Today’s Sermon Is Brought to You by…” – Intellectual Property and Ownership
A church recently updated its website. The webmaster has recommended to the leadership to record and upload the weekly worship service, including the sermon, onto the website. The outstanding majority of the deacons agree with the recommendation as it would allow members who are unable to attend services to watch remotely and allow those… Read More »
Church Third Party Use Agreements: What You Don’t Know Can Hurt You!
Renting or allowing use of church and ministry facilities has many new added risks: child abuse liability, unwanted purposes (same sex marriages) or activities on premises (illegal or risky), liability that is not covered by insurance or renters’ indemnity, and getting dragged into court by renter/user for some unforeseen offense. The optimum “Church Facilities… Read More »
BREAKING LEGAL NEWS: Hobby Lobby and What It Means for Churches and Nonprofits
The Supreme Court recently delivered a decisive, though limited, victory for religious liberty in its decision in Burwell v. Hobby Lobby Stores, Inc. In a 5-4 decision, the Supreme Court held that the Department of Health and Human Services’ (HHS) contraceptive mandate violates the Religious Freedom Restoration Act (RFRA), a statute that was passed… Read More »
Granting Money from a U.S. Charity or Church to a Foreign Individual or NGO: Substantial Risks and Best Practices
Many times, conducting charitable work necessitates broadening an organization’s reach, which often in turn requires working outside of the United States. Unfortunately, while these endeavors are exciting, they are complicated and risky for the churches and nonprofit organizations who are involved. Of the many types of risks involved, one of the primary areas involves… Read More »
Six Common Defenses to DUI and DWI
Driving under the influence (DUI) and driving while intoxicated (DWI) are common charges in Virginia. Many people think that if they are charged with either of these offenses there is no point in defending the charges, but that is not true. A knowledgeable DUI and DWI lawyer can help you craft a persuasive defense… Read More »
The Juvenile Justice Process in Virginia
Depending on the age of the person and the crime and circumstances, some offenses are referred to the juvenile justice system for prosecution. For this purpose, “juveniles” include anyone under the age of 18 at the time of the offense. Some juveniles are transferred to the adult criminal justice system if they are charged… Read More »
Most Common Causes of Reckless Driving Charges
In Virginia reckless driving can be a criminal offense. Reckless driving is usually a misdemeanor charge, though felony reckless driving does exist. The Virginia traffic and criminal codes provide many different sections and kinds of violations that can lead to a reckless driving charge. Some of these behaviors are more common than others and… Read More »
Aggravating Factors for Assault and Battery Penalties in Virginia
Assault and battery are criminal charges in Virginia. Generally, these crimes are charged as misdemeanors; however, there are some factors that may lead to the crimes being charged as felonies. Assault and Battery To understand the circumstances that make assault and battery felonies, it is important to first understand the charges themselves. Assault is… Read More »