Tax-exempt organizations come in all shapes and sizes. MK Law & Consulting has considerable experience helping public charities, religious organizations, private foundations, member associations, social welfare associations, and educational institutions. We are here to assist you through the entire lifecycle of your nonprofit organization, from conceptualizing the idea of your nonprofit through dissolution.

Nonprofit Formation

MK Law is here to help you from the beginning, including:

  • Assisting clients in conceptualizing the nonprofit’s operations and exempt purpose
  • Analyzing different exempt operating structures (for example, operating as a public charity, supporting organization, or private foundation; creating exempt and for-profit subsidiaries; fiscal sponsorship arrangements)
  • Incorporation of nonprofit entities (drafting articles of incorporation, bylaws, and conflict of interest policies)
  • Applying for tax exemption with the IRS
  • Assisting with state specific requirements including registering with the state to solicit charitable contributions, applying for property tax exemptions, filing annual reports.

Nonprofit Operations

Receiving tax-exempt status is only the first step in running a nonprofit. Tax-exempt organizations must also comply with numerous federal and state laws to maintain their tax-exempt status.

MK Law assists nonprofit organizations in the following areas:

  • Federal Taxation: Provide guidance on federal tax laws impacting tax-exempt organizations
  • Director and Officer Duties: Address fiduciary duties of organization leaders
  • Nonprofit Governance: Provide guidance and best practices on managing conflicts of interest and complying with federal tax rules to prevent sanctions on the nonprofit and on the nonprofit’s directors and officers
  • Charitable Solicitations and Fundraising: Assist in the solicitation of charitable donations to ensure compliance with federal and state rules and regulations; provide guidance on internal gift acceptance policies; draft and/or review gift agreements
  • Grant-making Activities: Assist nonprofits in making grants to U.S. charities, international charities, and individuals (including scholarships); draft scholarship policies and procedures; draft grant agreements (for example, donor advised fund agreements, endowed and non-endowed agreements, fiscal sponsorship agreements, scholarship agreements, legacy fund agreements)
  • Lobbying: Provide guidance on the rules and regulations that apply when a nonprofit engages in lobbying
  • Unrelated Business Activity: Assist nonprofit organizations that engage in activities that may give rise to unrelated business taxable income including identifying such activities, analyzing the impact unrelated business activities may have on the organization, and providing recommendations on how to structure transactions to avoid unrelated business activities

Nonprofit Dissolution

At the end of your organization’s journey, we assist in the orderly closure of the nonprofit’s operations and compliance with federal and state dissolution laws.

Get the Legal Support Your Tax-Exempt Organization Needs Today

The MK Law team can help you achieve your organization’s mission by giving you practical, effective legal advice when you need it. Contact us today for all your tax-exempt needs.