nonprofit organizations
PDFWe represent a wide range of tax-exempt organizations including public charities, private foundations, museums, hospital foundations, religious institutions, charitable trusts, trade associations, universities and schools.
MSK has a long tradition of providing a diverse range of services to charitable organizations and their donors, including:
general counseling
In conjunction with our Labor and Employment, Corporate, and Executive Compensation and Employee Benefits Practice Groups, we regularly advise nonprofit boards and management concerning a wide variety of legal issues including nonprofit corporation law, governance, conflicts of interest and other policies and procedures, executive compensation, benefit plans, employee relations, real estate, intellectual property, taxable unrelated business activities and fiduciary responsibilities.
regulation of activities
Our Nonprofit Organizations Practice Group provides insightful guidance concerning regulation by federal, state and local authorities of fundraising, raffles and gaming, grant-making and scholarships, lobbying, political activities and other programs of nonprofit organizations. This area of our practice often involves obtaining advance approval of proposed transactions and programs.
transactions and special structures
We represent tax-exempt organizations in structuring, negotiating, and documenting significant transactions, including mergers, acquisitions, restructurings, asset purchases, dispositions and dissolutions. We have substantial experience in establishing joint ventures, for-profit and nonprofit subsidiaries, supporting organizations, donor advised funds and other special structures. Our practice entails all aspects of these transactions and any related financing — we provide innovative and cost-effective deal structuring, negotiations, regulatory compliance and preparation of all deal documents.
tax controversies
We represent charitable organizations and their donors in tax controversies with state and federal tax authorities. This practice includes administrative appeals as well as tax litigation in the U.S. Tax Court and other forums.
formation of nonprofit entities
MSK assists clients with the formation of tax-exempt and nonprofit entities of various types. This assistance often includes advice of the appropriate choice of entity for the charitable or other nonprofit purpose to be served. We then prepare all necessary documentation to establish the nonprofit corporation, charitable trust, restricted fund or other appropriate entity.
international operations
Our attorneys have significant experience with foreign operations of charitable organizations, including the development of domestic "Friends of" organizations, overseas grant-making and expenditures, federal anti-terrorism regulations and establishing international affiliations.
tax-exempt financing
Our tax-exempt financing practitioners have particular expertise as borrower's counsel for tax-exempt schools and other nonprofit institutions.
charitable gift planning
We have considerable expertise in the legal and tax aspects of charitable gift planning and a national reputation for innovation and creativity in structuring current and deferred charitable gifts. A primary strategy of our work in planned giving is to integrate the donor's financial planning with his or her philanthropic objectives. We regularly draft charitable remainder trusts and other documentation of charitable gifts, making a special effort to develop systems that deliver services and documents routinely required by charities in their development programs.
bequest realization / probate matters
The Nonprofit Organizations Practice Group works closely with our Trusts & Estates Practice, bringing together attorneys with expertise in tax, trusts and estates, and litigation. They address the philanthropic element of estate planning and also represent charitable organizations as beneficiaries of estates and trusts when a dispute arises. Our significant experience in this area makes us particularly well-attuned to the special considerations facing charities seeking long-term gifts and bequests to which they are entitled.
We assist charities with the collection of bequests. Our services include helping clients monitor routine bequests to expedite realization, defending charitable bequests against will contests, and negotiating the apportionment of estate taxes to maximize the charitable gift. Our probate practice covers all aspects of creative pre- and post-death planning and administration, with a special emphasis in the representation of fiduciaries and beneficiaries in disputed estate and trust administration matters. This practice combines the skills of our firm's litigation group with our creative probate practitioners to take the lead in resolving such matters.
gift annuity licenses
Many charitable organizations have retained us to process state and federal gift annuity license and exemption applications. We represent these organizations before the California Department of Insurance, and its counterparts in other states, in preparing and processing the license applications and providing ongoing advice concerning the operation of their gift annuity programs. Because we handle a large number of these matters every year, we are able to process them cost effectively and obtain the licenses as quickly as possible.
charitable giving form documents
We license to charitable organizations a book of over thirty planned giving form documents for planned giving officers to prepare as drafts for review by the donor's counsel. The forms include charitable remainder trusts (CRTs), gift annuities, lead trusts and pledge letters. Our clients have found this package to be a cost effective way to prepare high quality draft documents.
Spotlight
The Nonprofit Organizations Practice Group at MSK provides comprehensive legal counsel to tax-exempt organizations, advising on a broad range of federal and state tax, transactional, corporate, governance, fiduciary, and charitable giving matters. Our attorneys have been recognized nationally for their expertise in assisting tax-exempt organizations with their formation, operations, executive compensation, unrelated business taxable income, gift planning, mergers and acquisitions, joint ventures, international activities, controversies, political activities and lobbying, conservation easements, tax returns, tax-exempt bonds and dissolutions.
Cases
Representative Clients
At any given time we are doing work for dozens of public charities. Representative clients of this practice group include:
- California Institute of Technology
- California Polytechnic State University Foundation
- Casa Colina Centers for Rehabilitation
- Chapman University
- Children's Hospital of Los Angeles
- Claremont McKenna College
- Jewish Community Foundation of Los Angeles
- Little Company of Mary Community Health Foundation
- The Nature Conservancy
- Providence Health and Services Foundation
- Ronald McDonald House
- Scripps College
- UCLA Foundation
- UCSF Foundation
- World Vision
Headlines
Headlines
- August 15, 2024
- January 10, 2024
- November 2, 2023
- August 17, 2023
- November 2, 2022
- November 4, 2021
- August 19, 2021
- November 2020
- August 20, 2020
- November 1, 2018
- August 15, 2018
- August 9, 2018
- June 7, 2018
- December 21, 2017
- November 1, 2017
- October 6, 2017
- June 1, 2017
- November 1, 2016
- August 22, 2016
- August 10, 2016
- L.A. Biz, June 28, 2016
- July 2015
- November 3, 2014
- August 2014
- November 2013
- August 15, 2013
- June 2013
- April 10, 2013
- November 1, 2012
- August 24, 2012
- February 18, 2012
- January 26, 2012
- November 1, 2011
- August 31, 2011
- June 13, 2011
- June 10, 2011
- June 9, 2011
- January 15, 2011
- November 23, 2010
- September 15, 2010
- August 19, 2010
- August 3, 2009
- December 30, 2008
- September 17, 2008
- June 17, 2008
- March 20, 2007
Publications
- June 20, 2016
- September 29, 2015
- Daily Journal, October 29, 2014
- AccountingToday.com, July 2011
- The Nonprofit Quarterly, June 7, 2011
- The Journal of Gift Planning, August 2009
- Taxation of Exempts, March/April 2009
Alerts
- May 14, 2024
- May 1, 2020
- March 28, 2019
- November 19, 2018
- May 15, 2017
- February 23, 2017
- June 27, 2016
- December 2014
- November 5, 2014
- April 29, 2013
- April 2013
- January 2013
- April 19, 2012
- March 2012
- March 12, 2012
- February 14, 2012
- January 23, 2012
- January 9, 2012
- December 12, 2011
- November 21, 2011
- September 19, 2011
- September 12, 2011
- August 4, 2011
- July 7, 2011
- June 6, 2011
- June 1, 2011
- May 10, 2011
- May 9, 2011
- February 14, 2011
- February 10, 2011
- January 27, 2011
- January 13, 2011
- December 20, 2010
- October 14, 2010
- October 2010
- September 7, 2010
- August 2010
- March 12, 2010
- December 2008
- Bowling Organization Pinned By The IRSVol. VII, No. 1 - 1999
- Raffles -- Are You Breaking the Law?Vol. II, No. 4 - 1994
- Proposed Corporate Sponsorship RegulationsVol. I, No. 2 - 1993
- Tax Bill Provisions Affecting CharitiesVol. I, No. 3 - 1993
- 2000
- In The Government PipelineVol. VI, No. 2 - 1998
- Fiduciary Issues Faced By Charitable Organizations (Part One)Vol. VI, No. 3 - 1998
- Tax Consequences of Exchanging Life Insurance for a Gift AnnuityVol. II, No. 3 - 1994
- Proposed Regulations Make Private Foundations More PublicVol. VII, No. 4 - 1999
- Legislative Activities of Public Charities: The 501(h) ElectionVol. II, No. 1 - 1994
- Residential RolloversVol. III, No. 1 - 1995
- Current Rulings of Interest, Terrific Ruling on IRA Excise TaxVol. V, No. 3 - 1997
- New Feature: Letters To The EditorVol XII, No. 2 - 1999
- Dealing with the Self-Dealing Rules (Part Two)Vol. V, No. 1 - 1997
- Fiduciary Issues Faced By Charitable Organizations (Part Two)Vol. VII, No. 1 - 1999
- August 2002
- Legislative Alert: The 501(k) ElectionVol. II, No. 1 - 1994
- New Federal Tax Legislation -- and Lots of It!Vol. IV, No. 3 - 1996
- Charitable Organization Lobbying ActivitiesVol. III, No. 4 - 1995
- Dealing with the Self-Dealing Rules (Part One)Vol. IV, No. 4 - 1996
- Show and Tell Time For Charities - The New Disclosure RegulationsVol. VII, No. 4 - 1999
- Qualified Stock UpdateVol. II, No. 3 - 1994
- April 2001
- Conservation EasementsVol. V, No. 4 - 1997
- April 2001
- Reduction Of The Private Foundation Tax On Investment Income From 2% To 1%Vol. VI, No. 3 - 1998
- 2004
- Charitable Gifts of Income Interests in Charitable Remainder TrustsVol. II, No. 2 - 1994
- New Gift Annuity Rates (Part Two)Vol. VI, No. 2 - 1998
- Study of Charitable Gift AnnuitiesVol. III, No. 3 - 1995
- Vol. VIII, No. 1 - 2000
- Assembly Bill 21 Legislative AlertVol. II, No. 3 - 1994
- New & Improved Federal Legislation for Charitable Gift AnnuitiesVol. V, No. 3 - 1997
- Federal LegislationVol. III, No. 4 - 1995
- Vol. IX, No. 1 - 2001
- Charitable Remainder Trusts Funded with Encumbered PropertyVol. I, No. 1 - 1993
- Duties Of The Trustee Of A Charitable Trust To Provide An Accounting To Trust BeneficiariesVol. VI, No. 3 - 1998
- Congressional Tax Committee Focuses On Commercial Gift FundsVol. VI, No. 2 - 1998
- New Gift Annuity Rates (Part One)Vol. V, No. 1 - 1997
- Publicity of Charitable Organization Information RequirementsVol. III, No. 2 - 1995
- Worksheet for Computation of Debt-Financed Income Arising From Sale of PropertyVol. I, No. 1 - 1993
- Regulation Of Charitable Gift Annuities In CaliforniaVol. VII, No. 2 - 1999
- Congress Arms IRS with Intermediate Sanctions WeaponVol. IV, No. 3 - 1996
- An Update On The Texas Gift Annuity LitigationVol. VI, No. 1 - 1998
- Blame It On The AttorneyVol. VIII, No. 1 - 2000
- New CRT Regulations Are FinalVol. VII, No. 1 - 1999
- Vol. X, No. 2 - 2002
- Liability Protection for Non-Profit Directors and OfficersVol. I, No. 3 - 1993
- How to Cure A CRT's Failure Of The New 10% Minimum Remainder RequirementVol. VI, No. 1 - 1998
- Accelerated CRT: The Empire Strikes BackVol. II, No. 4 - 1994
- Estate Tax Consequences of Pre-1970 Charitable Remainder TrustsVol. III, No. 4
- April 2001
- New Federal LegislationVol. IV, No. 1 - 1996
- "Flip" TrustsVol. III, No. 2 - 1995
- Problem Solving with Gift Annuities (Part One)Vol. IV, No. 1 - 1996
- August 2001
- "Spigot" Charitable Remainder TrustsVol. II, No. 4 - 1994
- Problem Solving with Gift Annuities (Part Two)Vol. IV, No. 2 - 1996
- More CRT Regulations!Vol. VII, No. 4 - 1999
- Community Foundation SurveyVol. IX, No. 1 - 2001
- Immediate Action RequiredVol. VII, No. 1 - 1999
- Enforcement of Charitable PledgesVol. I, No. 3 - 1993
- Charitable Gifts Funded with Options: Myth and RealityVol. I, No. 1 - 1993
- Coordinating Charitable Gifts of Retirement Plan Assets With Lifetime Distribution Requirements (Part One)Vol. III, No. 2 - 1995
- Enforcement of Charitable Pledges: The SequelVol. II, No. 1 - 1994
- Building Flexibility Into Lead TrustsVol. V, No. 4 - 1997
- IRS Relief For Charitable DonorsVol. III, No. 2 - 1995
- More About Contributions of Commercial Annuity ContractVol. IV, No. 4 - 1996
- Charitable Gifts of Retirement Plan Assets (Part One)Vol. II, No. 2 - 1994
- Generation-Skipping Transfer Tax And Charitable Remainder Trusts: An UpdateVol. V, No. 3 - 1997
- Generation-Skipping Transfer Tax And Charitable Remainder Trusts: Don't Let This Happen To YouVol. V, No. 2 - 1997
- IRS Approves Gift Annuity With Elective Starting DateVol. V, No. 3 - 1997
- Back to the BasicsVol. IX, No. 1 - 2001
- Avoiding Private Foundation PitfallsVol. V, No. 1 - 1997
- Drafters of Charitable Bequests Must be Aware of Tax Payment ClauseVol. IV, No. 3 - 1996
- Gift of Appreciated Stock Results in Unexpected (and Onerous) Assignment of IncomeVol. V, No. 2 - 1997
- 2002
- Coordinating Charitable Gifts of Retirement Plan Assets With Lifetime Distribution Requirements (Part Two)Vol. III, No. 3 - 1995
- 2004
- Charitable Gifts of Retirement Plan Assets (Part Two)Vol. III, No. 2 - 1995
- Charitable Gifts of Depreciated Property (Part Two)Vol. III, No. 1 - 1995
- Charitable Contributions of Commercial Annuity ContractsVol IV, No. 2 - 1996
- Audits From Hell No Longer HotVol. III, No. 4 - 1995
- California AMT WarningVol. II, No. 2 - 1994
- Donor Bill of RightsVol. II, No. 1 - 1994
- Legislative Proposals Affecting Charitable ContributionsVol. I, No. 1 - 1993
- October 2008
- Vol. XIII, No. 4, 2005
- October 2008
- June 2008
- December 2007
- August 2005
- 2007
- Vol. XIV, No. 1, 2006
- 2005
- Vol. XIII, No. 2, 2005
- August 21, 2009
- March 2007
- March 2007
Events & Speaking Engagements
- November 7, 2018
- October 18, 2018
- May 30, 2018
- October 18, 2016
- October 18, 2016
- October 2, 2013
- May 6, 2013
- October 5, 2012
- September 17, 2012
- October 4, 2011
- September 26, 2011
- November 11, 2010
- October 14, 2010
- October 6, 2010
- September 30, 2010
- June 2, 2010
- April 28, 2010
- February 18, 2005