Non-Profit & Tax-Exempt Organizations
Serving clients in accordance with their operational and business needs, OCS attorneys function as general outside tax counsel handling day to day tax-related issues, as well as consultants advising clients as to specific complex issues arising from transactions, operational changes, dealings with for-profit entities, or amendments to tax laws.
Our attorneys represent a broad range of tax-exempt entities including:
- Public charities, such as universities, colleges, and other educational organizations, religious organizations, hospitals and medical facilities, and charitable mission-based organizations.
- Grant-making organizations, including family and corporate foundations, community foundations and supporting organizations.
- Social welfare organizations.
- Trade associations.
Services provided include:
- Advising clients in all stages of life cycle – from forming non-profit organization and obtaining tax-exempt status from IRS, to ongoing compliance and significant events.
- Counseling clients as to Federal and state laws governing fund-raising and client operations.
- Conducting internal compliance reviews and making recommendations as far as steps to take in order to proactively address noncompliance.
- Offering technical advice, as well as practical business solutions, with respect to Federal and state tax laws and regulations applicable to tax-exempt organizations.
- Representing tax-exempt organizations before Federal and state agencies.
Specific engagements include advising non-profits and tax-exempt entities as to:
- Unrelated Business Income tax (“UBIT”) aspects of complex transactions and financial investments.
- Qualifying for and preserving supporting organization status.
- Private foundation excise tax regime on self-dealing, net investment income, undistributed income, excess business holdings, jeopardizing investments, and taxable investments.
- Executive compensation, employment tax liabilities, and other employee benefits issues including Section 4958 taxes on excess benefit transactions (“Intermediate Sanctions” rules).
- Fiduciary standards related to corporate governance.
- Structure of royalty agreements and leases.
- Establishment and operation of for-profit subsidiaries.
- Joint ventures and tax consequences of transactions between tax-exempt and taxable entities.
- Reorganizations and restructurings of tax-exempt organizations and affiliates.
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