Exempt Organizations

Rogers Towers’ Exempt Organization Practice is here to represent a range of clients, including nonprofit organizations, for-profit entities and individuals with high net worth.

From the formation and incorporation of entities through the tax-exempt qualification process and the legal termination of corporations and trusts, our attorneys are well versed in a range of complex legal issues. Through the years, we’ve represented private foundations, publicly supported charities, art and cultural groups, religious institutions, professional societies and trade associations, universities, hospitals and title-holding corporations. In particular, we’ve worked extensively with individuals and charitable planning.

Our services include counseling in:

• The formation, incorporation, restructuring, reorganization, and termination of nonprofit corporations and trusts.
• Obtaining and maintaining exemptions from federal income tax, state franchise and sales and use taxes, and local ad valorem taxes.
• The application of Internal Revenue Code provisions, Treasury regulations, Internal Revenue Service rulings, judicial decisions, state tax statutes, and administrative regulations to the activities of exempt organizations.
• Obtaining tax-exempt financing for certain exempt organizations.
• Various state and federal public disclosure laws imposed on exempt organizations.
• Internal Revenue Service audits and proceedings with the Internal Revenue Service appeals office regarding exempt status, unrelated business income, for-profit subsidiaries, intermediate sanctions, and other issues.
• Obtaining private rulings from the Internal Revenue Service regarding the effect of proposed transactions or activities upon the tax status of exempt organization clients, and counsel regarding contract issues and drafting and interpreting contracts.
• For-profit entities, including investment funds and retirement plans, in their interactions with nonprofit organizations.
• For-profit entities and nonprofit entities in various joint venture arrangements.
• Nonprofit corporations and charitable trusts directors and trustees, regarding their rights and duties, indemnification, and insurance issues.
• The use of charitable lead annuity trusts and unitrusts and charitable remainder annuity trusts and unitrusts, including drafting of the necessary trusts and other documents.
• The federal income tax consequences of various other forms of proposed charitable giving, including gifts of appreciated property, pooled income funds, gift annuities and other sophisticated forms of giving.