Kelly L. Hellmuth Counsel

Clients call Kelly when they need advice on charitable and nonprofit issues. Kelly represents public charities, private foundations, trustees of charitable trusts, religious institutions, trade associations, and other tax-exempt organizations, in addition to donors.

Kelly guides her clients through all aspects of the complex world of nonprofit law and tax exemption. She assists with structuring tax-exempt entities, obtaining exemption from federal income tax, complying with tax rules, adopting good governance principles and best practices, and planning and substantiating gifts. She has significant experience with issues including unrelated business taxable income, private inurement and private benefit, excess benefit transactions, self-dealing, excess business holdings, taxable expenditures, minimum distributions, fundraising regulations, and endowments.

Her work also includes estate planning, probate administration, trust administration, and charitable gift planning, including through the traditional use of charitable trusts, bargain sales, charitable gift annuities, and conservation easements, as well as innovative tax strategies.

Kelly is a member of the Tax Section of the Florida Bar and serves as co-chair of the Tax-Exempt Organizations subcommittee. She is also a member of the Exempt Organizations Committee of the Tax Section of the American Bar Association and the Charitable Planning and Organizations Group of the Real Property Trust & Estate Section of the American Bar Association.

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

Experience

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.

  • University of Virginia, JD, Articles Editor, Virginia Journal of Law & Technology, 2003
  • Massachusetts Institute of Technology, SB, Chemical Engineering, 2000

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.

  • California
  • District of Columbia
  • Florida
  • Virginia

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

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