With decades of experience advising both donors and not-for-profit organizations, Burke, Warren, MacKay & Serritella's attorneys are uniquely qualified to address the legal issues and challenges faced by the philanthropic community. Because many of our attorneys are also donors, board members, and officers for philanthropic organizations, we have a special appreciation for our clients' goals. Drawing on this strength, our Not-for-Profit and Planned Giving group helps clients structure gifts to benefit both donors and recipients, establish and maintain their tax-exempt status, address board governance issues, comply with state and federal reporting requirements, manage risk, and mediate or litigate conflicts.
Our clients include individual and family donors, private grant-making foundations, private operating foundations, supporting organizations, public charities, educational institutions, professional and trade associations, social welfare organizations, social clubs and membership groups, government agencies, lobbying and other advocacy groups, and political organizations.
Tax Exemption and Fundraising Regulation
Our attorneys have significant experience in all areas of taxation affecting non-profit organizations at the federal, state, and local levels, including unrelated business taxable income, intermediate sanctions, self-dealing and other excise taxes, state sales and real estate tax exemptions, and various state and federal reporting requirements. We advise clients with respect to state and federal fundraising requirements.
Governance and Administration
Members of our practice assist organizations in formulating and drafting bylaws and policies, including conflict of interest policies, document retention policies, and whistleblower policies. We also advise organizations about board of directors’ oversight responsibilities and the drafting of minutes reflecting board actions. We provide advice on what constitutes acceptable compensation for directors, officers, and executives under the Internal Revenue Service guidelines. Our attorneys also help draft licensing agreements, employment and independent contractor agreements, and joint venture agreements.
Philanthropy and Planned Giving
The attorneys in our Not-for-Profit and Planned Giving group collaborate with members of Burke, Warren's Wealth and Succession Planning Practice and Tax Advisory Services Practice to provide experienced counsel to organizations and individual clients to structure tax-deductible gifts large and small. For example, we advise clients regarding major gifts, including gifts of artwork and other special assets, bargain sales of appreciated property, charitable lead and remainder trusts, pooled income trusts, and charitable gift annuities.