Authorities from the local tax assessor to members of Congress are increasingly challenging the tax-exempt status of nonprofit institutions -- ranging from small group homes to wealthy universities -- questioning whether they deserve special treatment.
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And there are others: Does a nonprofit hospital give enough charity care to earn a tax exemption? Is a wealthy university providing enough financial aid?
In a ruling last December that sent tremors through the not-for-profit world, the Minnesota Supreme Court said a small nonprofit day care agency here had to pay property taxes because, in essence, it gave nothing away.
The agency, the Under the Rainbow Child Care Center, charges the same price per child regardless of whether their parents are able to pay the full amount themselves or they receive government support to cover the cost.
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"From the assessors' standpoint, the Under the Rainbow ruling didn't change anything for us," said Thomas J. May, the tax assessor for Hennepin County and a spokesman for the state's assessors.
In determining which organizations qualify for exemption, assessors in Minnesota rely on the State Constitution, which explicitly exempts things like public burial grounds, seminaries and colleges and universities from taxation, and on six criteria set out in a 1975 State Supreme Court decision.
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Some 95 percent of Under the Rainbow's $550,582 budget in 2006 came from fees for services paid by families or by county and tribal governments. The court concluded that because the center charged all families the same amount, regardless of their ability to pay, and because its rates were not lower than those of its competitors, it was not an institution of "purely public charity" under the law and thus was subject to thousands of dollars in property taxes -- $16,000 in 2006 and in 2007.
These challenges don't seem new in light of the 1975 Supreme Court decision. And I tend to agree, if you're not giving things away, then are you really a charity?