Non-Profit and Tax Exempt Law

Our attorneys know the "business" of non-profit and tax-exempt entities.  We understand the passion that non-profit leaders have for their mission, and we assist their organizations in the pursuit of their cause.  As active and engaged leaders in our communities, we recognize first-hand the challenges faced each day by non-profits, which operated under the careful scrutiny of donors, members, the public, and the IRS.

Sands Anderson has a long history of representing, leading, and forming non-profit and tax-exempt entities, including charitable and civic groups, professional or business organizations, foundations, schools, hospitals, religious organizations, and governmental entities.  Our Non-Profit Team of attorneys guide these groups through various issues concerning formation, operations, governance, employment, and financing under various and applicable federal, state, and local laws.  We provide practical and useful alternatives for delivering services and promoting these organizations, which make our communities vibrant and unique.

Our attorneys work daily with non-profit organizations on the "life cycle" issues they face:

  • Starting Out: Create organizations under state law, acquire an employer identification number, identify the appropriate federal tax classification, draft appropriate bylaws and operational documents, and apply for tax-exempt status.
  • Maintain Tax Exempt Status: File annual exemption reports; comply with charitable solicitation and gaming laws and restrictions on fundraising, lobbying, and political activities; make all required disclosures; pay employment taxes, fundraise and invest properly; prevent private inurement; and deal with whistleblowers.
  • Commercial Transactions: Engage in commercial activities, partner with for-profit entities, form subsidiary for-profit and non-profit corporations, report unrelated business income, and conduct real estate transactions.
  • Regulatory Compliance: Comply with state licensing requirements, adult and child protective service regulations, and health care facility regulations.
  • Significant Events: Advise on audits, private letter rulings, financing capital projects, affiliation and partnership agreements, licensing, liability issues, mergers, and dissolutions.

Sands Anderson Non-Profit Team Experience

Finance:   As leaders in tax-exempt financing, we provide legal advice on bonds, public and private tax-exempt financing, and the unique federal tax requirements for non-profit borrowings.

Formation: We help organizations obtain tax-exempt status, including non-profit organizations formed under the wills of benefactors.

Governance: We help non-profit board members understand the significance of their corporate and fiduciary duties.  We counsel non-profit boards on their structure, composition, conflicts of interest, and various reporting and compliance issues, such as the IRS Form 990 and compliance with their by-laws.

Governmental Relations:  We help non-profit organizations achieve their advocacy, lobbying, and political goals within the bounds imposed on tax-exempt organizations. We also assist these groups with their pursuit of special funding or legislative change before legislative and administrative bodies.

Management: We regularly advise non-profit organizations on employment, financial, and liability issues, including risk management, compensation, charitable solicitations, fundraising and endowment issues, grant compliance, advertising and corporate sponsorship restrictions, intellectual property, and other important matters that arise in their daily operations.

Tax Issues:  We counsel on the tax consequences of various non-profit activities, and the impact that unrelated business activities may have on their tax-exempt status. We guide non-profit groups through audits, IRS rulings, and through the process of obtaining state and local tax exemptions.

Other Lifecycle Issues:  We frequently help non-profit groups with mergers, acquisitions, dissolutions, real estate, and succession issues.

Resources

Sands Anderson and Union Bank & Trust co-sponsor the "Captains Table" meeting monthly for CEO and executive directors of non-profit organizations.

 

Experience a Personal Level of Service with a Non-Profit and Tax Exempt Law

The Non-Profit and Tax Exempt Law of Sands Anderson pair the resources of a large, multi-practice firm with the level of service found at smaller firms. Choose a Non-Profit and Tax Exempt Law who is experienced in handling cases like yours. Choose Sands Anderson. Get started with us through our online form.





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