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Tax Exempt Organizations

With decades of experience providing legal services to tax-exempt and not-for-profit organizations, Garfunkel Wild uniquely understands the special corporate governance, tax exemption, business, operational, and regulatory needs of these organizations. Our corporate, tax, and trusts and estates attorneys work together to provide comprehensive advice, including representing tax exempt organizations before federal and state agencies.

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Our exemption experience includes the following areas:
 
Corporate Governance:
 
  • Best governance practices
  • Interpretation of bylaws
  • Procedural requirements for meetings
  • Directors and officers duties, liabilities, and indemnification
  • Conflicts of interest obligations and management
  • Intermediate sanctions: personal liability
  • Member-related issue for membership organizations
 
Formation, Structure, and Exemption:
 
  • Selection of appropriate exemption category
  • Application for exemption
  • Reinstatement of exemption
  • Joint ventures and other collaborative relationships
  • Advice about tax effects of transactions
  • Unrelated trade or business activity and income
  • Fiscal sponsorships
  • Property tax exemptions
 
Charitable Funds: Donees
 
  • Investment of funds
  • Construction of gift terms
  • Charitable solicitation regulation
  • Management and expenditure of charitable funds
 
Charitable Funds: Donors
 
  • Charitable tax planning in the context of business transactions
  • Charitable remainder trusts
  • Charitable lead trusts
  • Gift annuities
  • Family foundations
  • Charitable insurance planning and retirement account planning
  • Obtaining and coordinating assistance from appraisers, accountants, investment specialists and insurance advisors
 
In addition, our attorneys coordinate with other attorneys in multiple practice areas to provide additional services, keeping in mind the special concerns and limitations of tax exempt organizations,  including:
 
  • Employment issues, including employee complaints and compensation issues
  • Employee benefit plans, including deferred compensation, 401(k) and 403(b)
  • Healthcare law
  • Real Estate matters
  • Tax exempt financings
  • Litigation