All Charities are Property-Tax Exempt, But Some are More Exempt than Others
Chicago-Kent College of Law
August 26, 2010
New England Law Review, Vol. 44, p. 621, 2010
Attention from the media notwithstanding, the nonprofit sector continues to achieve remarkable success in state supreme courts and statehouses in defending property-tax exemptions. But budget pressures remain. While the intermediate use of “payments in lieu of taxes” has not yet become a systematic compromise solution, PILOTs are attracting growing interest from local taxing jurisdictions. This Article highlights three issues – who decides the parameters of exemption, legislatures or courts; what are the specific factors and vulnerable subsectors; and how exemption is granted or withheld in practice – and concludes with several PILOT case studies. The Appendix sets forth a fifty-one-jurisdiction review of state constitutions, statutes, and high-court decisions, and finds that the regimes generally are more similar than not.
Number of Pages in PDF File: 112
Keywords: tax, nonprofit law, property tax, tax exemption
JEL Classification: K34
Date posted: August 25, 2010 ; Last revised: August 14, 2012
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