SECTORS WE SERVE

Public

Charities

We often serve as outside General Counsel, or as technical outside counsel, and we can provide advice on areas such as:

  • Forming a public charity

  • Maintaining tax-exempt status as a public charity

  • Fiduciary duties, advising on Board of Director roles and governance

  • Bylaws creation or amendment

  • Policy creation or amendment

  • Fiscal sponsorship structures

  • Supporting organization relationships to obtain public charity status

  • IRS Form 990 and IRS Form 990-T review

  • Property tax exemption

  • Real estate, including office leasing

  • Sales tax exemption

  • Navigating compensation issues

  • Avoiding excess benefit transactions

  • Complex Fundraising, such as gifts of real estate and closely held businesses

  • Unrelated Business Income Tax (UBIT)

  • Corporate restructures, such as mergers, acquisitions, conversions to and from tax-exempt status, and dissolutions

  • Lobbying activities within federal tax compliance, such as the 501(h) election

  • Ownership of, or collaboration with, for-profit enterprises

  • Joint ventures and partnership interests

  • Dissolution or termination

Charitable

Trusts

We often advise Trustees of charitable trusts on areas such as:

  • Forming a charitable trust

  • Maintaining tax-exempt status

  • Unrelated Business Income Tax (UBIT)

  • Trust amendments

  • Removing donor-imposed restrictions on trust assets

  • Fiscal sponsorship

  • Directed Trustee structures

  • Endowment management

  • Spending rules

  • Prudent investments

  • UPMIFA (the Uniform Prudent Management of Institutional Funds Act)

  • Pennsylvania analogous rules to UPMIFA, PA Act 141

  • Comparing between a charitable remainder trust (a CRT) and charitable lead trust (a CLT)

  • Charitable Gift Annuity programs

  • Attorney General discussions

  • Pennsylvania Orphans’ Court filings

Private Foundations

We counsel private foundations on the following areas:

  • Forming a private foundation

  • Maintaining tax-exempt status

  • Complying with the strict liability federal excise tax regime applicable to private foundations

  • Bylaws creation or amendment

  • Policy creation or amendment

  • Grantmaking assistance

  • Equivalency Determinations

  • Grant Agreements

  • Qualifying Distributions

  • Investment Policy review and preparation

  • Investment review, including K-1 analysis

  • Program Related Investments

  • Mission Related Investments

  • Endowment management

  • Navigating compensation issues

  • Avoiding self-dealing transactions

  • Qualifying as a private operating foundation or private pass-through foundation

  • IRS Form 990-PF and IRS Form 990-T review

  • Unrelated Business Income Tax

  • Dissolution

Donor-Advised Funds & Sponsoring Organizations

We help DAFs and their sponsoring organizations meet their goals through our work in the following areas:

  • Forming a Donor-Advised Fund or sponsoring organization

  • Maintaining tax-exempt status

  • Complying with federal and state tax-exemption laws

  • Fundraising

  • Donor-Advised Fund management

  • Restricted fund management

  • Equivalency Determinations

  • Grant agreements

  • Gifts of real estate

  • Gifts of closely held businesses

  • Gifts of pre-IPO stock

  • Gifts of partnership interests

  • Gifts of stock options

  • Gifts of hedge fund interests

  • Prudent investments

  • Avoiding excess benefit transactions

Community Foundations

We advise community foundations on the following areas:

  • Forming a community foundation

  • Maintaining tax-exempt status

  • Unrelated Business Income Tax (UBIT)

  • Bylaws creation or amendment

  • Policy creation or amendment

  • Fundraising

  • Donor-Advised Fund management

  • Restricted fund management

  • Endowment management

  • Equivalency Determinations

  • Grant Agreements

  • Financing and Lending

  • Receiving gifts of closely held businesses or restricted stock

  • Receiving funds as a termination of a private foundation

  • Fiscal Sponsorship structures

Trade Organizations & Business Leagues

Our lawyers help these organizations in the following areas:

  • Forming a trade organization or business league

  • Bylaws creation or amendment

  • Policy creation or amendment

  • Maintaining tax-exempt status

  • Unrelated Business Income Tax (UBIT)

  • Complying with federal and state tax-exemption laws

  • Bylaws and governance policy creation and review

  • Lobbying taxes imposed under federal law

Interested in learning more?