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Nonprofits

Thompson & Knight represents many types of nonprofit entities, as well as high-net worth nonprofit donors, throughout the country to advise them on their organization and operations. Our attorneys are acclaimed national speakers and published authors who keep informed of current developments and pending local, state, and federal legislation in the field.

Overview

Thompson & Knight represents many types of nonprofit entities, as well as high-net worth nonprofit donors, throughout the country to advise them on their organization and operations. Our attorneys are acclaimed national speakers and published authors who keep informed of current developments and pending local, state, and federal legislation in the field.

Our clients include private foundations, publicly supported charities, arts and cultural groups, academic and religious institutions, professional societies, employee and trade associations, social clubs, universities, hospitals, social welfare organizations, and title-holding corporations. We advise them on their formation, incorporation, tax-exempt qualification, maintenance, reorganization, restructuring, and legal termination, and have distinct skill at helping individuals with charitable lifetime and testamentary planning.

As part of our representation of charitable and other nonprofit organizations, we:

  • Obtain and maintain exemptions from federal income, state franchise and sales and use, and local ad valorem taxes
  • Assist in compliance with Internal Revenue Code provisions and IRS rulings, Treasury regulations, judicial decisions, state tax statutes, and administrative regulations
  • Assist in compliance with state and federal public disclosure laws
  • Represent clients in Internal Revenue Service audits and appeals regarding exempt status, unrelated business income, for-profit subsidiaries, intermediate sanctions, and other issues
  • Represent clients in litigation, declaratory judgment proceedings, and appeals in the U.S. Tax Court, federal district courts, and various state courts
  • Assist clients with securing IRS rulings regarding the effect of proposed transactions or activities upon their tax-exempt status
  • Draft and interpret governance policies and contracts
  • Assist in interaction with for-profit entities, including joint venture arrangements
  • Assist directors and trustees of exempt organizations and charitable trusts with governance, indemnification, and insurance issues
  • Create and maintain charitable lead and charitable remainder annuity trusts and unitrusts
  • Assist clients in managing the federal income tax consequences from gifts of appreciated property, pooled income funds, gift annuities, and other sophisticated forms of giving
  • Act as borrower’s counsel for charitable organizations involved in tax-exempt bond issuances

Trusted advisor and counselor to numerous local and regional nonprofit organizations

Lead Nonprofits attorney named the Nonprofit/Charities Law “Lawyer of the Year” by The Best Lawyers in America® by Woodward/White Inc. (2012, 2018-2019)

Regional tier-one ranking in DFW for Non-Profit/Charities Law in “Best Law Firms” 2019 by U.S. News-Best Lawyers©

Experience

  • Represented a borrower in several recent tax-exempt bond issuances involving capital improvement financings for a private foundation and several private schools, and for a major local capital fundraising appeal
  • Represented several continuing care retirement communities (CCRCs) in obtaining charitable organization classifications from the Internal Revenue Service, and acted as borrower’s counsel in tax-exempt bond issuances to finance the construction of the communities
  • Represented several prominent local and regional charitable organizations in the formation of various entities to protect charitable assets and streamline operations
  • Represented several charitably-inclined individuals and families in the formation and maintenance of family foundations, charitable remainder trusts, and other sophisticated giving techniques
  • Represented several nonprofit organizations in significant corporate governance issues such as interpretation, drafting and amendment of charter and bylaw provisions, resolutions, conflicts of interest, audit compliance, and agreements