Nonprofit Organizations

Nonprofit entities are subject to special tax rules and corporate oversight. The Firm assists clients in organizing public and private charitable organizations. We prepare and review Federal tax-exempt status applications and assist in registration with the New York Charities Bureau.  

The Firm regularly advises not-for-profit clients on by-law and governance best practices, conflicts of interest, and transactions that potentially subject charities to excise taxes. We also assist clients in negotiating joint venture and partnership arrangements with other nonprofit entities and provide advice on investments that could give rise to the Federal tax on unrelated business income (U.B.I.T.). 

We advise clients on both web-based and traditional fundraising strategies, privacy matters, tax disclosure and compliance issues, and matters involving the Office of the New York Attorney General (Charities Bureau).

Sample Representations

  • We helped create a new charity that sponsored the highly successful TEDxFultonStreet event (an independently organized TED event) in June 2014. The new charity received Federal tax-exempt status under new streamlined procedures for small public charities. We assisted in registering the new charity with the New York State Charities Bureau and advised on the procedures to obtain a New York State sales tax exemption.

  • We advised MOCA/NY, the Museum of Ceramic Art/New York, on an international grant proposal for a documentary film on the Mingei (Japanese Folk Art) Movement and, additionally, have assisted MOCA/NY in connection with other governance and tax matters.

  • We advised BalletBoyz, a U.K. dance company, on U.S. withholding tax matters relating to their U.S. tour, TheTalent USA 2014.