As part of my practice, I advise new and existing charitable organizations on the following:
- Creation of non-profit corporations and trusts;
- Application for recognition of tax-exempt status from the IRS (usually under Section 501(c)(3));
- Drafting of bylaws and other key documents; and
- Organization-specific management and fundraising issues.
The tax rules that apply to charitable organizations differ depending upon whether the charity is a public charity or private foundation. In addition, if a public charity qualifies for exemption under a section of the Tax Code other than 501(c)(3) (for example, a fraternal order or a supporting organization), for example, there will be additional requirements that must be met to qualify for tax exempt status and limitations on actions. It is important to understand completely the rules that will govern your particular charitable organization. If we work together, I can help your new organization understand its federal and state registration and tax filing requirements.
When I establish a new charity or help one seek tax-exempt status, I often discount my usual legal rate. In select cases, I may continue to advise charities after they have received their tax exemption.