Tax services we offer to our exempt organization clients:
- Formation, Organization and Qualification for Tax Exemption of All Categories of Exempt Organizations and in All States
- Advice as to Structural, Organizational and Operational Requirements
- Private Foundations and Public Charities
- Intermediate Sanctions and Chapter 42 Excise Taxes
- Lobbying and Electioneering Restrictions and Limitations
- Compensation of Board Members, Executives and Staff
- Compliance Audits and Evaluations
- Health Care Organizations
- Churches and Religious Organizations and Clergy-Related Tax Issues
- Schools, Colleges and Universities
- Business Leagues
- Other Categories of Exempt Organizations
- Unrelated Business Income Tax Compliance and Planning
- Complex Structures of Affiliated Exempt and Taxable Entities and Planning Considerations
- Investment Activities and Effective Management of Investment Assets, including Debt-Financed Investments
- Annual Information Returns and Tax Returns – Preparation and Filing
- Disclosure Requirements and Publicity of Information
- Recordkeeping Requirements
- Foreign Charitable Organizations – Inbound and Outbound Planning
- Grants to Foreign Organizations
- Charitable Gift Planning, including Outright and Deferred Gifts, Charitable Remainder Trusts, Pooled Income Funds, Charitable Lead Trusts, Charitable Gift Annuities and Other Forms of Split-Interest Gifts
- Substantiation of Charitable Gifts
- Tax-Exempt Entity Leasing Rules
- Technology Transfers
Examples of our exempt organizations tax experience:
- As counsel to the Southeastern Council of Foundations, we advise private foundations, community foundations and corporate foundations throughout the Southeast and beyond on complex tax planning and compliance issues.
- As counsel to the Georgia Hospital Association, we advise exempt hospitals throughout the state on hospital and health care-related tax issues.
- We have established and provide ongoing tax advice to corporate foundations for some of the largest businesses in the country.
- We assisted one of the wealthiest individuals in the country in establishing a sophisticated complex of related exempt and non-exempt organizations, including private non-operating foundations, private operating foundations, public charities, supporting organizations and other exempt and non-exempt entities.
- We successfully reorganized a significant for-profit game preserve into a nonprofit corporation and then qualified the nonprofit corporation for tax-exempt status as a section 501(c)(3) organization.
- As a direct result of tax rulings we obtained from the IRS, Atlanta Landmarks, Inc., a section 501(c)(3) organization, was able to save the Fox Theatre and transform the facility into one of the most successful performance spaces in the country.
- We represented a successful for-profit Internet company in the creation of one of the first tax-exempt section 501(c)(3) "umbrella" organizations to house the exempt activities of individuals and organizations, as well as raise tax-deductible contributions for those activities through the Internet.
- We have designed and implemented, on a number of occasions, a unique tax strategy involving the use of family limited partnerships, intra-family sales transactions and charitable lead trusts to transfer family businesses and other substantial assets from one generation to the next without gift or estate tax consequences.
- Through the creative use of a unique section 509(a)(3) supporting organization structure, we have obtained IRS approval of a tax-exempt section 501(c)(3) student housing organization—notwithstanding the IRS's publicly announced opposition and hostility to similar student housing organizations.
- Through the creative use of a section 509(a)(3) supporting organization strategy, we have devised a way for a section 501(c)(3) organization to liquidate a wholly owned taxable subsidiary without having to pay tax either at the corporate level or at the shareholder level.
- For a large, public company client, we created one of the first IRS approved tax-exempt section 501(c)(3) employer-related emergency hardship assistance organizations for employees of the company—after the IRS reversed its ruling position and announced that such employer-related employee-assistance organizations generally do not qualify for tax-exempt status.
- We regularly advise tax-exempt hospitals and other health care organizations throughout the Southeast on complex tax compliance and planning issues.
These are just a few of many examples that illustrate the range of projects we handle and the creative strategies we develop for our exempt organization clients on a regular basis.