Davis & Kuelthau represents a wide variety of non-profit and tax-exempt entities including health care institutions, colleges, sectarian and non-sectarian schools, religious organizations, charitable foundations, museums, sports facilities, theaters, performing arts organizations, fraternal organizations, social clubs, a local access cable television provider, and other institutions. Our attorneys understand the constant change occurring in the non-profit industry. Our services include counsel during each step in the process for a non-profit including start-up, organization, operations, and dissolutions, if necessary.
Entity formation and organization
From the drafting of Articles of Incorporation and Bylaws to the development of internal governance policies and procedures, our attorneys assist clients in laying the groundwork for an efficient and effective operational model. Such guidance includes the development of the internal framework for implementation of conflict of interest policies, establishment of endowment or related support funds, and development of investment, spending and operational policies.
Obtaining and maintaining tax-exempt status under Section 501(c)(3) of the Internal Revenue Code
We advise and prepare all documentation necessary to obtain recognition of tax-exempt status from the Internal Revenue Service and assist clients in navigating the various requirements necessary to maintain such status. This includes advice on the requirements applicable to the receipt and making of grants, the administration of scholarship programs, the development of relationships with for-profit entities, the monitoring of lobbying expenditures, and the avoidance of the various excise taxes that can be imposed for self-dealing, excess business holdings, jeopardizing investments, and excess benefit transactions.
Strategies for unrelated business income tax (UBIT)
Even though an organization is generally exempt from income tax, it still may be liable for tax on its unrelated business income. Our attorneys are experienced in management of UBIT activities, the strategic use of affiliated for-profit subsidiaries and the application of debt financing limitations.
Tax-exempt financing
Wisconsin rules and regulations applicable to non-profits including property tax exemption
In addition to federal concerns, non-profit organizations must also adhere to the rules and regulations set forth under state law. We help clients address the various regulatory requirements imposed on non-profits by the State of Wisconsin regarding the solicitation of funds, the use of professional fundraisers, required annual reports, the collection of sales taxes and qualification for state property tax exemptions.
The above services are just the start. The Non-Profit and Tax-Exempt Entities Group works regularly with attorneys from our labor and employment, real estate, employee benefits, intellectual property, and other practice groups to assure that clients have access to comprehensive and coordinated resources that address the full spectrum of their organization’s needs.
If you would like more information regarding our Non-Profit and Tax-Exempt experience, please contact Ann Rieger at 262.792.2427 or arieger@dkattorneys.com.