FCW&S provides services to a wide range of nonprofit organizations and associations. As nonprofit organizations attract increasing scrutiny from federal, state, and local regulatory authorities, careful attention to this fast-changing area of the law is necessary to enable these organizations to serve their stated purposes while complying with regulatory restrictions and maintaining their tax-exempt status. Similarly, as nonprofit organizations struggle to find alternative sources of support and to maximize resources available to them, they must be aware of legal implications stemming from such fundraising activities. They should also be familiar with the implications of prospect research, volunteer recruitment and management, and should consider risk and crisis management plans.

Our services to nonprofit organizations include qualification of organization as tax-exempt under the Internal Revenue Code, advice as to unrelated business taxable income, and assistance regarding exemptions for various state and local property and sales taxes, as well as federal unemployment taxes. We assist nonprofit organizations in planning corporate and business transactions to preserve tax-exempt status and to comply with state law requirements.

The following are specific examples of transactions and other matters handled by FCW&S:

  • Establishment of development foundations, as subsidiaries or affiliates of nonprofit organizations, to carry out sophisticated charitable giving programs
  • Review and creation of the corporate structure of numerous nonprofit organizations such as employer organizations, business leagues, educational organizations, churches, amateur sports organizations, and fraternal groups
  • Assistance in analyzing the applicability of the various federal tax exemptions and, where appropriate, creation of multiple related organizations to most effectively promote the overall mission
  • Assistance to clients with respect to changes in the law regarding the liability of directors, and non-director volunteers, of nonprofit organizations, and the possibilities for limitation of liability or for indemnification
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