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Michele McKinnon

Michele A. W. McKinnon Partner

Richmond T +1 804 775 1060 F fax +1 804 698 2115
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Michele leads the firm’s nonprofit and tax-exempt organizations practice team. With more than 40 years of experience, Michele routinely represents many public charities, major colleges and universities, supporting organizations, family and corporate private foundations, and charitable trusts on a variety of federal tax and governance matters.

She assists tax-exempt organizations in all aspects of compliance with the federal tax laws, as well as with governance, endowment and investment matters. Her practice includes advice on compliance with the excess benefit transaction rules and the private foundation rules, including self-dealing, excess business holding, and taxable expenditure issues, participation in joint ventures, and consequences of unrelated trade or business activities. She also assists these organizations in dealing with the IRS in tax controversy matters and compliance audits.

Her work also includes structuring planned gifts to charitable organizations, including the use of charitable remainder trusts, charitable lead trusts, charitable gift annuities and conservation easements. She also works in the areas of estate planning, and estate and trust administration, handling the administration of large complex estates, fiduciary income tax matters, fiduciary litigation, and risk management for corporate trust departments.

Michele is a Fellow in the American College of Trust and Estate Counsel and a member of its Board of Regents, and she previously served as its Virginia State Chair. She also is a Past Chair of ACTEC’s Charitable Planning & Exempt Organizations Committee. Michele is also a member of the Exempt Organization Committee of the Tax Section of the American Bar Association and is a former chair of the Trusts and Estates Section of the Virginia State Bar.

Experience
  • Implementation of numerous planned gifts, including charitable remainder trusts, charitable lead trusts, gift annuities, and gifts of remainder interests in personal residences, including related gift documents and plans to meet unique donor objectives.
  • Establishment of and advice to numerous family and corporate private foundations regarding self-dealing, excess business holding, jeopardy investment, minimum distribution, and taxable expenditure rules. Requests for IRS rulings on tax classification changes, including conversions to private foundation, publicly supported organization, and Type I, II, or III supporting organization.
  • Establishment of affiliated private foundations and private operating foundations to operate and support a museum to hold a family art collection in perpetuity.
  • Advice to donors and implementation of gifts of significant art collections and the income tax rules and substantiation requirements associated with the gifts.
  • Advice to family, corporate and healthcare conversion foundations on targeted grantmaking and avoidance of self-dealing under the incidental and tenuous benefits exception, as well as the application of the private foundation tax rules to foundation activities.
  • Advice for a number of university-affiliated foundations on restructuring of governance and operations to ensure independence and avoidance of applicable freedom of information act rules.
  • Advice to foundations and grantmaking organizations on developing rules related to restricted gifts and protected characteristics and the modification of restrictions on funds under applicable state law, including the Uniform Prudent Management of Institutional Funds Act.
  • Advice on unrelated business income tax issues, including affinity card agreements, debt-financed income, and gift shop sales.
  • Preparation of planned giving forms for a number of educational institutions and corporate fiduciaries.
  • Legal, tax, and governance compliance audits for several university-affiliated foundations and a large national membership organization.
  • Excess benefit transaction advice in connection with executive compensation of chief executive and other officers of universities and other public charities and sales transactions involving substantial contributors to public charities.
  • Planning and implementation of sale and gift of major art collection valued at more than $40 million to museum-affiliated foundation.

Events

  • Speaker, "Welcome," "Panel Session: Navigating Regulatory Crossroads: The Impact of Policy Shifts on Education and Philanthropy" and "Current State of Charitable Giving and Impact of Tax Law Changes," 22nd Annual Nonprofit Seminar, November 2025
  • Speaker, "Impact of Taxes and Other Factors on Charitable Giving," Annual Wealth Planning Update for Fiduciaries and Advisers, November 13, 2024
  • Speaker, "Nonprofit Current Developments," "Best Practices for Corporate Documents and Policies" and "Planned Gifts of Complex or Difficult Assets," 21st Annual Nonprofit Seminar, October 2024
  • Speaker, "Not Your Grandfather’s Private Foundation: Expanding the Philanthropic Toolbox Beyond Grantmaking," NBCA CLE, July 26, 2024
  • Co-panelist, "Not Your Grandfather’s Private Foundation: Expanding the Philanthropic Toolbox Beyond Grantmaking," ACTEC Annual Meeting, March 9, 2024
  • Co-panelist, "50 Ways to Leave Your Legacy – Social Welfare Activity, Program-Related Investments, and Other Alternatives to Grantmaking," Heckerling Institute on Estate Planning, January 10, 2024
  • Speaker, "Successful Charitable Gifts: Choice of Donee and Substantiation Compliance," 2023 AICPA and CIMA National Tax & Sophisticated Tax Conference, November 14, 2023
  • Speaker, Private Wealth Services Virtual Seminar Series, September-October 2023
  • Speaker, "Tax and Other Implications of Corporate Sponsorships and Other Donor Arrangements" and "Nonprofit Boards: Director Recruitment, Retention, and Relationships with Staff ," 20th Annual Nonprofit Seminar, September 2023
  • Co-panelist, "Diving Deeper into Charitable Gift Agreements," Heckerling Institute on Estate Planning, January 12, 2023
  • Speaker, "Hot Topics for Unrelated Trade or Business Activities" and "Tax Considerations Related to Mission or Program-Related Investments," 19th Annual Nonprofit Seminar, Richmond, Charlottesville, Charlotte and Raleigh, September – October 2022
  • Co-panelist, "Charitable Gift Vehicles: Which One(a) to Use When, and Why," ACTEC Annual Meeting, March 12, 2022
  • Speaker, "Current Developments" and "Best Practices Related to Gift Acceptance Policies and Gift Agreements: In-Depth Discussion of Modification of Restricted and/or Endowed Gifts," 18th Annual Nonprofit Seminar, November - December 2021
  • Speaker, "The State of Philanthropy in 2020: Impact of Taxes and Other Factors on Donors," Duke University Estate Planning Conference, October 8, 2020
  • Speaker, Private Wealth Services Virtual Seminar Series, September 2020
  • Speaker, "Current Developments and Update on 2017 Tax Act Changes Affecting Nonprofits," "Common Questions and Errors on Form 990 and Form 990-T," "Your Charity is a Beneficiary: What Next?" and "Charitable Giving in a Nutshell," 17th Annual Nonprofit Seminar, September - November 2019
  • Speaker, "Charitable Tax Planning Under the 2017 Tax Act," 14th Annual Fiduciary Advisory Services Seminar, Wednesday, October 2, 2019
  • Speaker, Tax Reform Impact on Employee Benefits of Tax-Exempt Organizations Webinar, April 2, 2019
  • Speaker, "Philanthropy: Impact of Taxes and Other Motivating Factors on Donors," Strafford, Estate Planning Council of Portland, February 2019
  • Co-presenter, "Nonprofits and Exempt Organizations One Year After Tax Reform," Strafford, February 2019
  • Co-panelist, "The Life Cycle of a Charity," Heckerling Institute on Estate Planning, January 2019
  • Speaker, "2017 Tax Act Changes Affecting Nonprofits", "Charitable Giving after the 2017 Tax Act" and "Effective Advocacy for Change: Understanding Tax Boundaries," 16th Annual Nonprofit Seminar, October - November 2018
  • Speaker, "Philanthropy: Impact of Taxes and other Motivating Factors on Donors," 13th Annual Fiduciary Advisory Services Seminar, October 2018
  • Co-speaker, "A Fresh Look at Charitable Planning," ACTEC Southeast Regional Meeting, September 2018
  • Co-speaker, "Current Tax Developments affecting Higher Education Foundations," 6th Annual Virginia Higher Education Foundation CEO Conference, June 2018
  • Speaker, "Planned Giving in 2018 and Beyond: Income Tax Changes Set the Stage for a Different Conversation Around Philanthropy," Milwaukee Estate Planning Forum, June 2018
  • Co-speaker, "How to Support Your Nonprofit’s Mission: Creating Change Through Advocacy," Milwaukee Estate Planning Forum, April 2018
  • Speaker, "Tax Reform and the Impact on Tax-Exempt Organizations," Essential Insight on Sweeping Tax Reforms, February 2018
  • Speaker, "Creative Uses of Planned Giving Techniques in an Uncertain Tax Environment," Heckerling Institute on Estate Planning, January 2018
  • Co-panelist, "What’s a Donor to Do? Planned Giving in a Changing Tax Landscape," Heckerling Institute on Estate Planning, January 2018
  • Co-panelist, "Structuring Philanthropy – What Works When," Heckerling Institute on Estate Planning, January 2018
  • Speaker, "Hot Topics for Non-Profits", "Investments: Special Considerations for Nonprofits" and "Charitable Giving: A Potpourri," 15th Annual Nonprofit Seminar – Back to Basics, September - November 2017
  • Panelist, Tax Reform Behind the Headlines, McGuireWoods LLP Webinar, June 6, 2017
  • Speaker, "Charitable Remainder and Charitable Lead Trusts: The Rules and Creative Planning Opportunities in the Current Tax and Economic Environment," Strafford, Estate Planning Council of Portland, January 2017
  • Speaker, New York Office to Host Institutional Investor Clients, McGuireWoods LLP and The Regulatory Fundamentals Group, July 2016
  • Co-panelist, "The Nuts and Bolts of Charitable Remainder and Charitable Lead Trusts: Tax Rules, Drafting Guidelines and Creative Planning Ideas," Heckerling Institute on Estate Planning, January 2016
  • Speaker, "Tax Classification of Charitable Organizations: Public Charities, Private Foundations, and Donor Advised Funds," "Unrelated Business Taxable Income: Case Studies," "Drafting Effective Gift Agreements" and "Charitable Remainder and Charitable Lead Trusts: A Primer," 13th Annual Nonprofit Seminar – Staying Current and Avoiding Trouble: What Nonprofits Need to Know, September - October 2015
  • Co-speaker, "Restricted Charitable Gifts: Draft Agreements that Stand the Test of Time," 49th Heckerling Institute on Estate Planning, January 2015
  • Speaker, "Current Tax Developments Affecting Nonprofits," "Impact of Tax Reform Proposals on Nonprofits," and "ACT Recommendations for the Unrelated Business Income Tax," 12th Annual Nonprofit Seminar, September - October, 2014
  • Speaker, "Charitable Trusts: Tax Classification Under the 2012 Type III Supporting Organization Final and Temporary Regulations," Surmounting the Current Challenges: Issues Confronting Professional Fiduciaries, October 2013
  • Co-speaker, "Current Tax Developments," "The Role of the Board of Directors – General Governance and Major Events" and "Best Practices in Planned Giving and Gift Management," 11th Annual Nonprofit Seminar: Best Practices in Nonprofit Management, September and October 2013
  • Faculty, "After the American Taxpayer Relief Act of 2012," Charitable Planning in 2013, The American College of Trust and Estate Counsel, February 2013
  • Speaker, "Current Tax Developments Affecting Nonprofits," and "Substantiation of Charitable Gifts and Charitable Solicitation Registration," 10th Annual Nonprofit Seminar, September - October 2012
  • Panelist, "Nonprofits: Tax Classification and Governance," WebCredenza Teleseminar, March 2012
  • Moderator, "Your Seat at the Table – Being the Lawyer on a Non-Profit Board," WMACCA Corporate Governance Conference: The Well-Run Board, March 2012
  • Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," The Fiduciary Advisory Services Seminar, co-presented by the Fiduciary Education Center, October 2010
  • Speaker and Panelist, "Charitable Contribution Developments; Exempt Organization Developments; Investment and Endowment Management for Nonprofits; and, Unrelated Business Income Tax: A Trap for the Unwary," 9th Annual Nonprofit Seminar, October 2011
  • Speaker, "Global Philanthropy," ACTEC Charitable Planning Committee, October 2011
  • Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," McGuireWoods LLP Fiduciary Advisory Services Seminar: The Changed Environment for Corporate Fiduciaries: How to Successfully Meet the Challenges, McGuireWoods LLP, October 2010
  • Speaker, "Protecting the Donor’s Charitable Deduction," Virginia Museum of Fine Arts Charitable Advisors, September 2011
  • Speaker, "Creative and Practical Planning with Private Foundations," ALI-ABA Sophisticated Estate Planning, September 2011
  • Panelist, "Duties and Liabilities of Nonprofit Directors and Officers," WebCredenza Teleseminar, May 2011
  • Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," Fiduciary Advisory Services Seminar, October 2010
  • Speaker, Current Developments Affecting Tax-Exempt Organizations and Charitable Giving, December 2010
  • Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," McGuireWoods Fiduciary Advisory Services, McGuireWoods LLP & Fiduciary Education Center, LLC, October 2010
  • Speaker, "Tax and Legal Update," Finance Administration Roundtable, June 2010
  • Panelist, "Selecting the Best Charitable Donee: Public Charity, Donor Advised Fund, or Private Foundation," ACTEC Annual Meeting, March 2010
  • Speaker, "Current Developments Affecting Tax-Exempt Organizations and Charitable Giving," Fiduciary Advisory Services Seminar, October 2010
  • Speaker, "Creative Charitable Giving in Times of Economic Uncertainty," Partnership for Philanthropic Planning of the Blue Ridge, December 2009
  • Speaker, "Private Foundation Requirements and Restrictions," Lorman Educational Series, November 2009
  • Speaker, "Charitable Update," How to Successfully Deal With the New Challenges Facing a Corporate Fiduciary, McGuireWoods LLP & The Fiduciary Education Center, November 2009
  • Speaker, "Thinking Outside the Box: Innovative Charitable Giving in an Uncertain Economy," Duke University Estate Planning Conference, October 2009
  • Speaker, "The New Uniform Management of Institutional Funds Act," Yount, Hyde & Barbour Nonprofit Symposium, June 2009
  • Speaker, "Observations, Decisions, and Consequences of the IRS Compliance Questionnaire for Colleges and Universities," Goin’ Fishin’ with the IRS, February 2, 2009
  • Speaker, "The New Form 990 and Current Developments for Nonprofits," Virginia YMCA, February 2009
  • Speaker, "Creative Uses of Charitable Remainder and Charitable Lead Trusts," McGuireWoods Fiduciary Advisory Services, November 2008
  • Speaker, "Current Developments Affecting Nonprofits and Form 990 and Good Governance," NSBA Council of School Attorneys State Association Counsel Meeting, November 2008
  • Speaker, "The New Form 990," Southeastern Council on Foundation Health Legacy CEO Assembly, March 2008
  • Speaker, "The 2006 Charitable Legislation: Navigating Uncharted Waters," 59th Annual Conference on Federal Taxation, June 2007

Insights

  • Selected for inclusion in The Best Lawyers in America, Nonprofit/Charities Law, Trusts and Estates, 2007-2026
  • Named to “Virginia Super Lawyers,” Non-Profit, Tax, Estate Planning & Probate, Super Lawyers, Thomson Reuters, 2006, 2012-2013, 2015-2025
  • Selected for inclusion in “Legal 500 United States,” Education; Tax: Nonprofit and Tax-Exempt Organizations, 2021-2025
  • Named “Lawyer of the Year,” Richmond, Trusts and Estates, The Best Lawyers in America, 2018, 2023
  • Named a “Notable Practitioner,” Private Wealth Law, Band 1, District of Columbia and Nationwide, 2016, 2017; Band 2, Virginia, 2018, 2019; Band 1, Virginia, 2020-2023, Chambers HNW Guide
  • Named a “Divorce, Trusts and Estates Trailblazer,” The National Law Journal, 2017
  • Selected for inclusion in America’s Leading Lawyers for Business, Wealth Management: Eastern Region, Nationwide, Chambers USA, 2013-2016

Spotlight

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