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Non-Profit Organizations

Non-profit and charitable organizations offer significant benefit to local communities and around the world. The tax attorneys at Kirton McConkie support such efforts with legal and business counsel to ensure tax-exempt entities are structured properly from the beginning to take advantage of all available benefits and to avoid governance or financial problems down the road.

The Kirton McConkie non-profit attorneys work closely with tax-exempt organizations on start-up plans, entity formation, organization, governance, state and federal compliance, unrelated business income tax, planned giving strategies and other critical legal and business matters.

Our attorneys have a wealth of legal experience representing charitable and civic organizations, membership organizations, foundations and other tax exempt organizations and have amassed practical experience through their community involvement as board members of non-profit organizations.

Our attorneys who specialize in working with non-profits offer these services:

  • Consulting and assisting clients with the initial stages of entity formation and issues surrounding qualification for tax exemption
  • Assisting with general business, operations and policy matters related to real estate, intellectual property, contracts, contributions, insurance and other issues pertinent to the organization, including unrelated business income tax issues
  • Preparing organizational documents such as articles of incorporation, bylaws, policies and trusts
  • Preparing the application to the Internal Revenue Service to request tax exempt status and obtaining state tax exemption
  • Providing guidance on necessary licenses and permits, including charitable solicitation compliance across the U.S.
  • Providing counsel relating to qualification, selection and operation of boards of directors, including fiduciary duties and liability issues
  • Counseling charities with respect to planned giving, including gift acceptance policies, due diligence concerns, and tax strategies
  • Establishing charitable remainder and charitable lead trusts and charitable gift annuities
  • Preparing agreements for fundraising, sponsorship licensing and marketing
  • Representing exempt organizations and related parties in tax disputes and IRS audits