Davis|Kuelthau attorneys understand the constant legal and business challenges faced by non-profit and tax-exempt organizations. We have extensively advised and counseled many types of organizations throughout their life cycles. We regularly represent the following types of tax-exempt organizations:
- Health care institutions
- Colleges and technical colleges
- Sectarian and non-sectarian schools and CESAs
- Religious organizations
- Private foundations
- Charitable foundations
- Performing arts organizations
Entity Formation and Organization
- From the drafting of Articles of Incorporation and Bylaws to the development of internal governance policies and procedures (including conflict of interest policies and codes of conduct), 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 grants, scholarship programs, relationships with for-profit entities, 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 a tax exempt 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.
- Our attorneys regularly serve as borrower’s counsel in tax-exempt financings such as Wisconsin Health and Educational Facilities Authority (WHEFA) transactions.
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 state and local regulatory requirements imposed on non-profits regarding fundraising, annual reports, taxes, and qualification for state property tax exemptions.
Our services described above are just the start. Our Non-Profit and Tax-Exempt Entities Practice Team works regularly with creative attorneys from our labor and employment, business transactions, real estate, employee benefits, intellectual property and other practice teams to provide clients with access to comprehensive and coordinated resources that address the full spectrum of their organization’s needs.
News & Events
- Davis|Kuelthau Recognized as One of 2021’s “Best Law Firms”November 5, 2020 - Press Releases
- 30 Davis|Kuelthau Attorneys Honored by The Best Lawyers in America® 2021 GuideAugust 20, 2020 - Press Releases
- Davis|Kuelthau Recognized as One of 2020’s “Best Law Firms”November 1, 2019 - Press Releases
- 28 Davis|Kuelthau Attorneys Honored by The Best Lawyers in America® 2020 GuideAugust 15, 2019 - Press Releases
- Davis & Kuelthau Proudly Announces Bradley D. Page as Firm’s Next PresidentOctober 1, 2013 - Press Releases
- Davis|Kuelthau Recognized as One of 2019’s “Best Law Firms”November 1, 2018 - Press Releases
- 26 Davis|Kuelthau Attorneys Honored by The Best Lawyers in America® 2019 GuideAugust 15, 2018 - Press Releases
- 4th Annual NWTC Business SummitNovember 14, 2017 - Events
- Davis & Kuelthau Recognized as One of 2018’s “Best Law Firms”November 1, 2017 - Press Releases
- Davis & Kuelthau Announces Five New ShareholdersOctober 11, 2017 - Press Releases
Community Organizations Create Fund to Offer Grants to Support Northeast Wisconsin Non-Profits Impacted by COVID-19
March 25, 2020
REMINDER: It’s Time for School Districts, Municipalities and Other Tax-Exempt Entities That Sponsor 403(b) Plans to Adopt New Pre-Approved Documents
June 5, 2018
It’s Time for Tax-Exempt Entities to Restate Their 403(b) Plans
August 25, 2017
Change in Sales and Use Tax Affects Contractors, Municipalities and Nonprofits
February 4, 2016
Increase in Safe Harbor Expense Threshold Creates Opportunity for Small and Medium-Sized Businesses
December 3, 2015
Attention Employers: The IRS May Be Googling Your Employee Benefits Communications
June 10, 2015
Is Your Estate Plan Jeopardizing your S-Corporation?
June 1, 2015
Work Opportunity Tax Credit Extended; IRS Issues Guidance on Certification for 2014 Tax Year.
March 10, 2015
President Signs Tax Increase Prevention Act of 2014: Incentives for Employers and Individuals
January 8, 2015
IRS Form 1023-EZ: Nonprofits Rejoice – but is the Potential for Fraud Real?
December 14, 2014