Non-Profit and Tax Exempt Law

Our attorneys have significant experience in representing  charitable and civic organizations; professional, business, and other membership organizations; foundations; schools; hospitals; religious organizations; governmental entities; and other tax exempt organizations. Our attorneys have guided organizations through formation, operational, governance, and financing issues as well as compliance with the various of federal, state, and local laws under which such organizations operate.

Our knowledge of the "business" of non-profits developed from the personal and professional pursuits of our attorneys who are very active within their communities in furthering the missions of diverse non-profit organizations. This active participation helps us understand the challenges faced each day by organizations that operate under the careful scrutiny of donors, members, the public, and the IRS.  We understand the passion non-profit leaders have for their organizations  and we assist them in realizing the organization's vision. We provide practical and useful alternatives for delivering services and promoting the organization.

In addition to serving as counsel to exempt organizations, many of our attorneys have formed charitable organizations and schools.  We serve as trustees or board members for charitable and religious organizations, private and charter schools, housing organizations, economic development entities, arts organizations, health care organizations, and other organizations that make our communities vibrant and unique.

Our Practice

Sands Anderson's attorneys work daily with non-profit organizations on the "life cycle" issues that they face:

  1. Starting Out: Creating an organization under state law, acquiring an employer identification number, and identifying the appropriate federal tax classification.
  2. Applying for Exemption:  Acquiring, completing, and submitting application forms; advice on how the IRS processes applications; and getting help from the IRS during the application process.
  3. Required Filings:  Annual exempt organization, unrelated business income tax, charitable solicitations and other reports that an organization may have to file.
  4. Ongoing Compliance:  Advice on avoiding actions that can jeopardize tax-exempt status, disclosure requirements, employment taxes, fundraising issues, investment policies, private inurnment issues, whistleblower, and other ongoing compliance issues.
  5. Significant Events:  Audits, private letter rulings, financing, mergers, affiliation agreements, licensing, liability issues, and dissolution.

Our Capabilities

Finance Our attorneys are recognized statewide among the leaders in tax exempt financing.  We serve as bond counsel in the issuance of tax exempt financing for non-profits whether privately placed with banks or in public financing. We advise on the unique federal tax requirements for non-profit borrowings, including the recent economic stimulus legislation's effect.

Formation  Our attorneys have created organizations under state law and obtained federal, state, and local tax exempt status for many non-profit charitable and other tax exempt organizations. We have facilitated the transfer of estate assets to foundations and have counseled the non-profit organizations formed under the wills of benefactors.

Governance Our attorneys help board members understand their corporate and fiduciary duties. We advise on structure, composition, conflicts of interest, annual reporting and registration requirements and compliance issues, including the new IRS Form 990 requirements.

Governmental Relations  Our attorneys regularly advise on advocacy, lobbying, and political activity restrictions that are imposed upon tax exempt organizations. Our government relations attorneys represent tax exempt organizations before legislative and administrative bodies who are seeking special funding or legislative changes.

Management Our attorneys regularly advise on board/staff relations, employee relations, liability and issues relating to risk management, indemnification, compensation, purchasing, financial accountability, grant and contract compliance, charitable solicitations, fund raising and endowment issues, disqualified persons and self dealing rules, investment restrictions, entrepreneurial activities, advertising and corporate sponsorship restrictions, licensing and intellectual property, and other matters that pertain to the day-to-day operations of the organization.

Tax Issues Our attorneys have advised on tax issues relating to unrelated business activities, lobbying, and other activities which might cause the organization to loose its tax exempt status, have guided them through tax audits, assisted in obtaining state and local tax exemptions, and sought rulings from IRS on important tax issues. 

Other Lifecycle Issues  Our attorneys regularly assist non-profits in other lifecycle issues such as mergers, acquisitions, affiliations, dissolutions, intellectual property, real estate, tax exemptions, and succession issues.  

Resources

Our Non-Profit and Tax Exempt Law Will Work in Partnership with You

Non-Profit and Tax Exempt Law welcome the opportunity to work with you in creating solutions best suited to your needs. Benefit from our experience. Contact the Non-Profit and Tax Exempt Law of Sands Anderson through our online form.




Non-Profit and Tax Exempt Law attorneys include:




Articles about our Non-Profit and Tax Exempt Law work:




News about our Non-Profit and Tax Exempt Law work: