dcsimg Nonprofit and Charitable Advisory Services

Nonprofit and Charitable Advisory Services

McGuireWoods' nonprofit and tax-exempt organizations team provides charitable and other nonprofit organizations with comprehensive advice on organizational, compliance, planning, governance and tax issues. Through our guidance, we help charities and other nonprofits operate successfully in the increasingly complicated, regulated and competitive environment facing such organizations today.

We serve clients in the following areas:

Governance

  • Advice and guidance on best practices, accountability and transparency
  • Assistance with revisions and updates to articles of incorporation and bylaws
  • Advice and guidance on duties and responsibilities of directors and officers
  • Assistance with board training and seminars
  • Assistance with board disputes
  • Preparation and review of Form 990 policies and procedures

Tax Advice and Compliance

  • Establishment of nonprofit organizations and IRS recognition of exemption
  • Advice and guidance on initial and annual compliance with federal and applicable state tax laws, including the preparation of annual returns required to be filed with federal and state governments
  • Advice and guidance on Form 990 and Form 990-PF annual reporting
  • Advice and guidance on tax classification issues, including publicly supported charities and supporting organizations
  • Advice and guidance on private inurement and private benefit issues
  • Advice and guidance on excess benefit transactions, including executive compensation
  • Advice and guidance on unrelated business income tax issues
  • Advice and guidance on political campaign activities and lobbying
  • Advice and guidance on joint venture arrangements with both tax-exempt and taxable entities
  • Advice and guidance on private foundation issues, such as self-dealing, taxable expenditures, excess business holdings, minimum distributions, tax on net investment income and jeopardy investments
  • Advice and guidance on state and local tax issues

Compliance

  • Management of legal compliance audits
  • Advice regarding the impact of reforms and legislative changes
  • Assistance with tax controversies, audits and litigation

Endowments and Investments

  • Management of endowment funds under the Uniform Prudent Management of Institutional Funds Act or its predecessor
  • Advice on investment, securities and tax law aspects of sophisticated investment vehicles
  • Development of investment policies
  • Advice and guidance on modification or release of restrictions
  • Advice on securities law issues
  • Review of the procedures for making investment decisions, to ensure that the governing body has not delegated more authority than appropriate
  • Evaluation of the risks associated with alternative investments
  • Review of the structure of alternative investments, to ensure the investments conform to applicable law
  • Due diligence with respect to alternative investments
  • Evaluation of the federal income tax risk of investments
  • Advice on duties regarding restricted and unrestricted endowment funds
  • Advice on joint public/private investments
  • Advice on minimizing investment risk

Fundraising and Development

  • Advice in connection with fundraising and development, planned giving techniques and forms, substantiation of charitable gifts, and income and transfer tax consequences of planned gifts
  • Proposals for prospective donors involving complex planned giving transactions
  • Implementation of specific planned giving techniques, such as charitable remainder trusts, charitable lead trusts, immediate, deferred and flexible gift annuities, pooled income funds, bargain sales, remainder interests in personal residences and farms, restricted and endowment gifts, and federal and state tax benefits of conservation easements
  • Assistance with development of grant-making and scholarship procedures
  • Assistance with development of planned giving forms for institutional clients and individuals
  • Advice and guidance on administration and tax compliance for charitable lead and remainder trusts, gift annuities and pooled income funds

For more information, please see our Nonprofit and Tax-Exempt Organizations Group.

CONTACTS

Milton Cerny Counsel T: +1 202 857 1711
Thomas P. Rohman Partner T: +1 804 775 1032
Results 1-14 of 14

RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Case Study

McGuireWoods obtains denial of injunction in asian carp case

McGuireWoods recently represented a coalition of Illinois business trade associations in challenging the efforts of other Great Lakes states to obtain an injunction to force the U.S. Army Corps of Engineers to close the Chicago locks as a means to halt the migration of Asian carp into the Great Lakes.

Case Study

Final dismissal for Homeward

U.S. District Court Judge Payne in Richmond, Va., accepted the recommendation from a magistrate and dismissed, with prejudice, a case brought against Homeward, an organization that provides coordinating services to providers of homeless services, and co-defendants the City of Richmond and Virginia Commonwealth University. The case involved allegations of conspiracy to violate the plaintiffs' civil rights, as well as violations of the Americans with Disabilities Act and the Fair Housing Act.

Case Study

McGuireWoods obtains dismissal for homeless services organization

McGuireWoods recently obtained a favorable decision from the U.S. District Court in the Eastern District of Virginia recommending that a case filed against its client, Homeward, be dismissed. The case was filed by the Central Virginia Legal Aid Society on behalf of a citizens group against Virginia, the City of Richmond, and Homeward—a planning and coordinating organization for homeless services in the greater Richmond region.
Representative Matter

Nonprofit preservation trust

Attained a bench win in a partition suit for a non-profit preservation trust.
Representative Matter

Nonqualified charitable remainder trusts

Handled the reformation of 20 nonqualified charitable remainder trusts in a $500+ million estate to qualify the remainder interests for the federal estate tax charitable deduction.
Representative Matter

Unitrust beneficiaries

Representation of unitrust beneficiaries in the commutation of charitable remainder trusts and IRS filings associated with acts of self-dealing resulting from overpayment.
Representative Matter

Roman Catholic diocese

Represented a Roman Catholic diocese in a personal injury case, effectively obtaining dismissal of all plaintiffs' claims against our client under Rule 12(b)(6).
Representative Matter

Corporate, charitable, and individual trustees

Represented corporate, charitable, and individual trustees in the reformation of 60 net income charitable remainder unitrusts following the issuance of the “flip” unitrust regulations.
Representative Matter

Housing and redevelopment nonprofit

Represented a housing and redevelopment nonprofit to secure a denial motion.
Representative Matter

Executives of major private corporation

Developed a proposal for executives owning restricted stock of a major private corporation with assets in excess of $1 billion.
Representative Matter

Executive committee of a university affiliated foundation

Assisted the Executive Committee of a university affiliated foundation with excess benefit transaction issues.
Representative Matter

Eastern European clients

Assisted Eastern European clients to reclaim real and personal properties confiscated during Nazi occupation and subsequent Communist rule, including dealing with the tax consequences of restitution.
Representative Matter

Educational institution

Represented an educational institution in the IRS filings associated with a significant act of self-dealing involving a pooled income fund.
Representative Matter

High net worth individuals

Assisted wealthy clients in transferring sufficient wealth to achieve significant charitable objectives and avoid an estate tax audit.
Results 1-14 of 14
Hed Amitai Hed Amitai
Partner
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1609
F: +44 20 7632 1638
vCard
Dennis I Belcher Dennis I. Belcher
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 804 775 4304
F: +1 804 698 2012
vCard

T:+1 703 712 5324
F: +1 703 712 5050

Herbert H Browne Jr. Herbert H. Browne Jr.
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2043
F: +1 704 444 8713
vCard
Jeffrey R Capwell Jeffrey R. Capwell
Partner
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 353 6256
F: +1 704 373 8823
vCard
Keonna Carter Keonna D. Carter
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 7848
F: +1 804 698 2227
vCard
Alan C Cason Alan C. Cason
Partner
7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 410 659 4433
F: +1 410 659 4481
vCard

T:+1 202 857 2433
F: +1 202 857 1737

Milt Cerney Milton Cerny
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 202 857 1711
F: +1 804 698 2278
vCard
Robert M Cipolla Robert M. Cipolla
Senior Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4713
F: +1 804 698 2109
vCard
Larry J Dagenhart Larry J. Dagenhart
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2010
F: +1 704 444 8725
vCard
Adam M Damerow Adam M. Damerow
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 3681
F: +1 312 698 4553
vCard
Elizabeth Diller Elizabeth A. Diller
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4358
F: +1 804 698 2195
vCard
W. Birch Douglass III W. Birch Douglass III
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4315
F: +1 804 698 2043
vCard
Anders O V Grundberg Anders O. V. Grundberg
Senior Counsel
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1604
F: +44 20 7632 1638
vCard
William M Long William M. Long
Partner
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 8916
F: +1 312 920 6591
vCard
Michele A W McKinnon Michele A. W. McKinnon
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1060
F: +1 804 698 2115
vCard
Leigh B Middleditch Jr. Leigh B. Middleditch Jr.
Counsel
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2543
F: +1 434 980 2267
vCard
Bryan A Stark Bryan A. Stark
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1086
F: +1 804 698 2263
vCard
Justin Trent Justin F. Trent
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4728
F: +1 804 698 2110
vCard
Gino Zaccardelli Gino Zaccardelli
Partner
1750 Tysons Boulevard
Suite 1800
Tysons Corner, VA 22102-4215

T: +1 703 712 5347
F: +1 703 712 5241
vCard
Results 1-17 of 17
Event

12th Annual Nonprofit Seminar

Charities: More Change on the Horizon?

September 10 (Charlotte, NC), September 30 (Richmond, VA) and October 9 (Charlottesville, VA)
Speaking Engagement

Colleges and Universities: Legal Issues in the Halls of Ivy

October 24-25, 2013
New York, NY
Speaking Engagement

Tax Issues for Health Care Organizations

October 20-22, 2013
Arlington, VA
Event

11th Annual Nonprofit Seminar: Best Practices in Nonprofit Management

September 18; October 15 and 29, 2013
Charlotte, NC; Richmond and Charlottesville, VA
Speaking Engagement

Charitable Planning in 2013

After the American Taxpayer Relief Act of 2012

February 6, 2013
Teleconference/Webinar
Speaking Engagement

16th Annual Charitable Planning Seminar

Mirror, Mirror on the Wall, What Is Happening to the Estate Tax in 2013 – If at All?

January 25, 2013
Dallas, TX
Event

10th Annual Nonprofit Seminar: Regulatory and Legal Challenges Facing Nonprofits

September 25, October 9 & 16, 2012
Charlottesville, VA and Charlotte, NC
Speaking Engagement

Community Health Needs Assessments

March 28, 2012
Event

9th Annual Nonprofit Seminar

The Impact of Tax and Economic Challenges on Nonprofits

October 2011
Richmond, VA, Charlottesville, VA, and Charlotte, NC
Speaking Engagement

Gift Planning Council Program on International Philanthropy

May 13, 2010
Richmond, VA
Event

Goin' Fishin' with the IRS

Observations, Decisions, and Consequences of the IRS Compliance Questionnaire for Colleges and Universities

January 29, 2009
Results 1-17 of 17
Results 1-20 of 129
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Legal Alert

A Nonprofit Buyer’s Guide to Cyber Insurance

December 13, 2013
Legal Alert

The President’s FY 2014 Budget Proposal

Positives and Negatives for Public Finance

May 10, 2013
Article

A New Era of Responsibility for Hospital Boards Under PPACA

The Governance Institute
July 2012
Milton Cerny, Volume 9, No. 4
Results 1-20 of 129