Healthcare Tax Exempt Organizations
Seyfarth advises its nonprofit tax-exempt clients on tax-related matters, such as: securing and maintaining tax-exempt status; unrelated business income; excess benefit transactions; lobbying and political activity; tax exempt bond financing; interaction with for-profit entities, including joint ventures; for-profit and nonprofit subsidiaries; corporate sponsorships and commercial co-ventures; supporting organizations and donor advised funds; grantmaking; state and local tax matters, including state real property and sales and use tax exemptions; IRS Forms 990, 990-PF and other tax reporting matters; IRS audits; and tax controversies before the IRS and state authorities.
Our attorneys also represents private foundations (company, family and independent) in connection with the special excise tax rules applicable to these organizations, including self-dealing, minimum distribution requirements, jeopardizing investments, excess business holdings, and expenditure responsibility rules.
We advise nonprofit clients on non-tax regulatory matters, such as compliance with state not-for-profit statutes, registration requirements, charitable trust laws and Attorney General oversight. Seyfarth advises its nonprofit clients on restructuring matters ranging from amendments to articles of incorporation and bylaws, mergers, split-ups, terminations and conversions.
Seyfarth attorneys also advise nonprofit clients on issues relating to corporate governance, corporate responsibility and fiduciary duties, including such matters as board composition and structure, board policies and practices, conflict of interest, endowment investment laws, policies and procedures.
Our attorneys provide legal advice to nonprofit organizations on employment and compensation matters, such as termination of employment and compliance with applicable labor and employment laws. Section 501(c)(3) and 501(c)(4) organizations are subject to IRS scrutiny with regard to the compensation and benefits paid to top executives. We advise clients on how to invoke the rebuttable presumption of fairness and to otherwise avoid or, when necessary, correct, excess benefit transactions.