The US Chamber of Commerce just published another blog post slamming an Internal Revenue Service (IRS) rulemaking that could clarify the rules for nonprofits and reduce the influence of undisclosed political spending (like the more than $35 million the Chamber spent in 2012). The Chamber points out that vague rules are bad rules, and that the IRS’s first draft of proposed rules was deeply flawed. We agree!
The IRS also agreed that the proposed rules needed revision — that’s why the IRS is revising the rules and planning to reissue a new draft in early 2015.
The Chamber piece points out that unclear rules can have a chilling effect on democratic participation, which is precisely why tax law experts formed the Bright Lines Project five years ago (full disclosure, now housed at Public Citizen). The current rules that define political activity for nonprofits are based on the vague notion that IRS agents will be able to evaluate all the “facts and circumstances” surrounding each case to determine if something is political or not. Better would be bright-line definition for political activity to ensure that nonprofits know what they can and can’t do when it comes to political activity.
We agree with the Chamber that the first draft of the rules didn’t quite get there, and would have prevented nonprofits from participating in our democracy in ways that should be encouraged (like hosting debates and holding get-out-the-vote drives). So we’re glad to see the IRS taking another crack at fixing this important problem with the existing system.