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Poyner Spruill serves as counsel to numerous nonprofit and tax-exempt organizations including private foundations, public charities, hospitals, schools, social welfare organizations and trade associations.

We can help you with:

  • Formation of Nonprofit Entities
  • Application for Recognition of Exemption
  • Compliance with Private Foundation Rules
  • Maintaining Tax-Exempt Status and Avoiding Intermediate Sanctions
  • Advice on lobbying restrictions
  • Advice on conflicts of interest and reasonable compensation issues
  • Appeals of adverse determinations

We pride ourselves on our close working relationships with officers and boards of directors of nonprofit organizations. Our attorneys support these organizations by participating with officers and board members in activities in support of the mission of the organization.

Tax-Exempt Organizations

Our attorneys have extensive experience in the formation and management of tax-exempt entities. Our clients include large nonprofit corporations in health care, major foundations, community-based nonprofits and private foundations. We have organized and qualified for tax-exempt status many different types of nonprofit organizations on a broad range of corporate and tax issues including: conflicts of interest, taxable unrelated business income, lobbying, and joint ventures.

General illustrative experiences include:

  • Advice to a major nonprofit entity on organization of affiliate nonprofit entities
  • Advice to a large nonprofit on the sale of its assets
  • Organization of private foundations
  • Organization and planning for charitable remainder trusts
  • Tax advice on IRS audits of nonprofit entities

Litigation and Dispute Resolution

The group advises and represents clients on audits of tax-exempt organizations and handles appeals of adverse determinations.  We also litigate issues of unrelated business income, member dues, and other disputes with members and nonmembers of nonprofit organizations.  We have also handled enforcement and governance issues for homeowners associations, along with many other matters for a wide range of nonprofits.

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