Smith Moore Leatherwood attorneys have extensive experience serving as counsel to numerous nonprofit and tax-exempt organizations including: private foundations; public charities; hospitals and health systems; medical research organizations; colleges and universities; private, parochial and charter schools; churches and religious organizations; social welfare organizations; and trade associations. Smith Moore Leatherwood provides guidance to tax-exempt organizations on issues such as corporate governance, joint ventures among tax-exempt and for-profit entities, unrelated business income tax, and grant making.
Formation of Nonprofit Entities
We counsel nonprofit start-ups on decisions they face in choosing the best entity for their purposes, and we implement their decisions. In addition, we counsel existing nonprofit systems on the use of new entities to maintain an optimal corporate structure.
Application for Recognition of Exemption
Our attorneys advise nonprofit clients on the ins and outs of applying for recognition of tax exemption. In this area, we offer a spectrum of assistance, ranging from consultation on specific issues to the provision of "turnkey" solutions.
Compliance with Private Foundation Rules
For our private foundation clients, we offer advice on meeting mandatory distribution requirements, avoiding self-dealing problems, and steering clear of excess business holdings, jeopardizing investments, and taxable expenditures.
Preserving Tax-Exempt Status and Avoiding Intermediate Sanctions
Smith Moore Leatherwood provides public charitable, educational, and scientific clients, particularly those who make grants or who maintain integrated health systems, with guidance on how to avoid private inurement, impermissible private benefit, and excess benefit transactions. For those clients who are structuring compensation packages or providing incentives in connection with employee recruitment, we advise on safe harbors provided under the intermediate sanctions regulations.
Compliance with Public Disclosure Requirements
For those clients subject to Section 6104(d) of the Code, we provide guidance on compliance with the public inspection requirements.
Charitable Solicitation Requirements
We provide counsel and legal services with regard to registration and other regulatory requirements in connection with the solicitation of charitable contributions, and in connection with related activities, such as charitable sales promotions.