Exempt Organizations

In our exempt organizations practice, we represent public charities, private family foundations, corporate foundations and other tax exempt entities. Our lawyers counsel clients on the tax and business issues specific to their particular situation, and we provide advice customized to their objectives, within the legal frameworks of governance and the other important issues that affect for-profit and nonprofit organizations.

We are experienced in advising tax-exempt entities on cross-border fundraising, unrelated business taxable income, avoidance of self-dealing issues and excess business holdings situations, as well as mergers and acquisitions of exempt organizations. We provide advice about permitted lobbying activities and the applicability of private foundation excise taxes.  We also have experience advising non-charitable exempt organizations (such as cemeteries, social welfare organizations and trade associations).

We advise public charities and corporate foundations on corporate giving and philanthropic programs, corporate sponsorship, governance and funding of the corporate foundation, and the various regulatory regimes applicable to corporate foundations.

Our lawyers advise tax exempt institutions about their charitable giving programs, including gift acceptance policies, outright and restricted gifts, endowment funds, charitable remainder trusts, charitable lead trusts, charitable gift annuities, donor-advised funds and supporting organizations.

We have established many Section 501(c)(3) organizations for individuals and corporate entities. We are experienced forming state and federal tax-exempt entities and obtaining determinations from the Internal Revenue Service to confirm the tax exempt status of the entity, as well as registration of the entity under state charitable solicitation statutes, obtaining state sales tax exemptions, and handling the federal income tax filings for the entity. We also counsel fiduciaries concerning investment management and advisory agreements, custodial agreements, brokerage matters, permitted investments for charities and the fiduciary duties of directors, officers, trustees and investment advisors.