Kelly L. Hellmuth

Counsel

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Practices
Industries
Education
  • University of Virginia, JD, Articles Editor, Virginia Journal of Law & Technology, 2003
  • Massachusetts Institute of Technology, SB, Chemical Engineering, 2000
Admissions
  • Florida
  • California
  • District of Columbia
  • Virginia
Affiliations

Member, Real Property, Probate & Trust Section, American Bar Association

Member, Taxation Section, American Bar Association

Member, The Florida Bar

Member, Tax Section, The Florida Bar

Member, Real Property, Probate & Trust Law Section, The Florida Bar

Member, Virginia State Bar

Member, Trusts & Estates Section, Virginia Bar Association

Former Director and Secretary, Older Dominion Partnership, Inc.

Kelly focuses on nonprofit and charitable advisory services, private wealth services, and trusts and estates. She represents charities, foundations, and charitable trusts in obtaining exemption from federal income tax and assists tax-exempt organizations in compliance matters, including governance issues, private inurement and private benefit, self-dealing, excess benefit transactions, taxable expenditures, minimum distributions, and unrelated business taxable income. Her work also includes charitable gift planning, including through the use of charitable trusts, conservation easements, and estate planning documents.

Prior to joining McGuireWoods, Kelly was a legislative assistant for Congressman E. Clay Shaw, Jr.

Kelly L Hellmuth
vCard
T: +1 904 798 3434F: +1 904 360 6310Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

Assisted a public charity with obtaining a group exemption ruling recognizing the tax-exempt status of its subordinate chapters.

Provided advice and assisted in litigation and appeals regarding the modification of charitable trusts.

Drafted and helped negotiate membership agreements between parent exempt organizations and their member organizations.

Assisted with the spin-off of a division of public charity into a new tax-exempt entity.

Developed corporate governance documents, provided policies and procedures for board members, and obtained IRS recognition of tax-exempt status for public charities and family and corporate private foundations.

Assisted in tax controversy arising from IRS examination of charitable gifts of closely-held business interest to supporting organization and donor advised fund.

Provided advice regarding charitable gift of conservation easement and proper substantiation of gift for federal tax purposes and assisted in state tax credit filings associated with conservation easement.

Assisted with development of grant-making and scholarship procedures for private foundations and public charities.

Provided advice on Form 990 and Form 990-PF annual reporting and filing requirements for variety of tax-exempt organizations.

Assisted with division of family foundation into two new private foundations and termination of the old foundation.

Developed and prepared planned giving forms for university, including charitable remainder trusts and charitable lead trusts.

Provided advice and guidance on tax classification issues, including conversions from private foundation to publicly supported charity and from Type III supporting organization to Type I supporting organization status.

Graduate of Class II of the Florida Fellows Institute of the American College of Trust and Estate Counsel (ACTEC)

Co-author, "Charitable Planning Opportunities in Times of Low Interest Rates," Practical Tax Strategies, Thomson Reuters, December 2015
Co-author, "Terminating Charitable Remainder Trusts," Practical Tax Strategies, Thomson/RIA, November 2013
Co-author, "Proving Your Generosity: Substantiating Charitable Gifts for Federal Income Tax Purposes," Trust Letter, American Bankers Association, November 2012
Co-author, "New Scrutiny of College and University Executive Compensation and Unrelated Business Activity," Journal of College and University Law, Vol. 37, No. 1, December 2010
Co-author, "Economic Crisis? Technology Transfer to the Rescue," Taxation of Exempts, May/June 2010
Co-author, Trust Administration and Estate Planning, American Bankers Association, 2009
Co-Speaker, "Hot Topics for Nonprofits," 14th Annual Nonprofit Seminar - Staying Current in a Changing Landscape, September 28, 2016
Speaker, "Current Developments for Tax-Exempt Organizations," Ullman Year in Review, The Florida Bar Tax Section, July 4, 2016
Speaker, "Tax Classification of Charitable Organizations: Public Charities, Private Foundations, and Donor Advised Funds," 13th Annual Nonprofit Seminar – Staying Current and Avoiding Trouble: What Nonprofits Need to Know, October 14, 2015
Co-Speaker, "Current Tax Developments Affecting Nonprofits," 12th Annual Nonprofit Seminar - Charities: More Change on the Horizon?, September 10, 2014
Co-speaker, "Current Tax Developments," 11th Annual Nonprofit Seminar: Best Practices in Nonprofit Management, October 15 & 29, 2013
Speaker, "Substantiation of Charitable Gifts and Charitable Solicitation Registration," 10th Annual Nonprofit Seminar: Regulatory and Legal Challenges Facing Nonprofits, September 25, October 9 & 16, 2012
Charities and Mission Investing, December 18, 2015
Cat Lady Beats IRS, June 14, 2011
Haitian Disaster Relief, January 19, 2010