Nonprofit and Tax-Exempt Organizations
Our Nonprofit and Tax-Exempt Organization Practice is here to represent a range of clients, including nonprofit organizations and individuals with high net worth. From the structuring and formation of nonprofit organizations, including the tax-exempt qualification process, and the ultimate winding up of those entities, Rogers Towers is able to meet the full scope of your organization’s legal needs.
Our non-profit representation team has grown into a substantial practice at Rogers Towers. We represent charitable, religious, and educational organizations described in Section 501(c)(3) of the Internal Revenue Code, including:
- Private foundations
- Health care organizations
- Continuing care retirement communities
- Publicly supported charities
- Academic institutions
- Art and cultural organizations
- Religious institutions and their related educational, ministry, and outreach programs
In addition, we represent organizations exempt from taxation under other provisions of the Internal Revenue Code, such as trade and professional associations, civic leagues, and social clubs.
We also work extensively with individuals of high net worth in their charitable planning.
As you might expect, much of our work for nonprofit and tax-exempt organizations is tax-related. For example, we help our clients with:
- Forming, structuring, reorganizing, and/or dissolving nonprofit organizations or trusts
- Corporate governance
- Securing and maintaining exemptions from federal, state, and local taxes
- Compliance with applicable Internal Revenue Code provisions (e.g. conflicts of interest, executive compensation, unrelated business income, international outreach programs, etc.)
- Issues raised by the Internal Revenue Service in audits or other tax controversies relating to tax-exempt status (including challenges to tax-exempt status, for-profit subsidiaries, and intermediate sanctions)
- Tax-Exempt Financing transactions for nonprofit and tax-exempt organizations
- Joint ventures, investments, and other interactions involving for-profit entities (ensuring that tax-exempt status is not put at risk)
- The rights, duties, and risks associated with being an officer, director, or trustee of a nonprofit organization
- Potential federal income tax consequences of the different forms of proposed charitable giving (including gifts of appreciated property, pooled income funds, and gift annuities)
- Drafting and structuring the use of charitable lead and remainder trusts
- Counseling private foundations of all sizes to ensure compliance with applicable tax rules (including minimum distribution requirements, excess business holdings, jeopardizing investments, self-dealing, complying with the expenditure responsibility rules, and assisting clients with corrective action when necessary)