Tax-Exempt Organizations

In today’s environment of increased scrutiny of nonprofit organizations from all angles (Congress, the public, IRS and state authorities), providing legal services to nonprofit sector clients requires knowledge and understanding of the many complex laws, rules and regulations that impact nonprofit organizations. Our Tax Section attorneys provide this level of service to our nonprofit clients by coordinating our resources with those available from other sections of our firm, such as corporate, finance, real estate, labor, employee benefits, litigation, health care and intellectual property.

Regarding specific tax related issues of concern to nonprofits, our Tax Section attorneys advise and counsel nonprofit organization clients in the areas of:

  • Applications for federal and state tax-exempt status
  • Charitable giving and estate planning
  • Charitable solicitations and fundraising
  • Executive and employee compensation planning
  • Fiduciary responsibilities of trustees, directors and officers
  • Formation governance
  • Intermediate sanctions
  • Joint ventures
  • Pension and benefits plans (Sections 403(b) and 457)
  • Private foundation requirements
  • Private inurement and private benefit
  • Public charity (non-private foundation) status
  • State tax exemptions
  • Tax-exempt bond financing
  • Unrelated business income tax


We serve nonprofit organizations on a local, regional and national basis. The following is a representative list of the types of our nonprofit organization clients:

  • assisted living facilities
  • charitable organizations
  • civic leagues and social welfare organizations
  • community foundations
  • continuing care retirement communities
  • foundations
  • hospitals and health care systems
  • religious organizations and groups
  • schools
  • skilled nursing facilities
  • social clubs
  • state and local governments and governmental agencies
  • trade and business associations
  • universities and colleges

Client Alert: State Attorneys General Target Plastics Industry Initiatives with Antitrust Scrutiny Amid a Growing Trend: What Nonprofits Need to Know When Participating in Coalitions and Coordinated Initiatives

A coalition of ten Republican state attorneys general recently sent letters to companies participating in plastics-related section 501(c)(3) and section 501(c)(6) organizations, warning that their participation may violate federal and state antitrust and consumer protection laws. This development is part of a broader trend of regulatory agencies and state officials using antitrust scrutiny to target nonprofits and associations for what some view as political reasons. Nonprofits, trade associations and their members should carefully review their involvement in collective industry initiatives and consider seeking legal guidance to navigate this evolving regulatory climate.

Client Alert: With Giving Tuesday Approaching, What Nonprofits Need to Know About GoFundMe’s Creation Of Over A Million Unauthorized Nonprofit Donation Pages

Serious overreach by online fundraising platform should trigger action by nonprofits.
 
  • Understand the issues created by third party fundraising such as GoFundMe.
  • Decide whether to permit fundraising by third parties.
  • Conduct due diligence, including reviewing terms and limitations of third-party fundraising – not all fundraising is created equal!