Governance, Legal & Risk Management ⋆ The Capin Center for Nonprofit Excellence

Governance, Legal & Risk Management

The 2017 Tax Cuts and Jobs Act is already having a significant impact on nonprofits. Under the new law:

Certain employee benefits previously provided tax-free to employees will now become taxable
There are situations where these taxpayers will no longer be able to deduct charitable, contributions that would have otherwise been deducted in 2017, and
Nonprofits with multiple unrelated business activities are no longer allowed to offset income from profitable business activities with losses from unprofitable activities.

It’s time to review your Best Practice Areas.

Best Practice Subject Matter

Appropriate Organizational and Governance Structure
Integrated Organization-Wide Risk Management Program
Legal Compliance and Program Integration
Policies and Procedures
Right-Sized, Right-Skilled Board & Leadership

Resources

Supreme Court Clears Way for Sales and Use Tax Collection by Remote Sellers: On June 21, 2018, the United States Supreme Court issued its much-awaited decision in South Dakota v. Wayfair, holding that a state can require an online seller to collect that state’s sales or use tax on products the seller ships into the state, even if the seller has no physical presence there.

U.S. Circuit Court Protects Assets of Nonprofit Corporations From Creditors of an Affiliated Entity: In a decision with major implications for nonprofit organizations, the U.S. Eighth Circuit Court of Appeals recently protected over 200 nonprofit corporations affiliated with the bankrupt Archdiocese of Saint Paul and Minneapolis. (See In re The Archdiocese of Saint Paul and Minneapolis, Case No. 17-1079 (8th Cir. Apr. 26, 2018).

Faith Community Standards: Faith-based policies can help religious organizations strengthen their ability to carry out their activities in accordance with their Christian beliefs and in compliance with current legal developments.

Articles Courtesy of Gammon & Grange

Featured Recognized Experts

Sherman & Howard’s tax attorneys have broad experience working with charitable organizations and other tax exempt entities. We regularly advise on the creation of publicly-supported charitable organizations as well as private foundations. We assist clients in qualifying for exempt status, and we counsel exempt organizations with respect to compliance with state and federal laws; unrelated trade or business income issues; and maintenance of exempt status.

Sherman & Howard L.L.C. is a regional firm with a national practice. Our over 180 lawyers serve a broad range of clients, including individuals, privately held businesses, multi-national corporations and government entities. We also provide counsel to in-house legal departments and to other law firms that require our distinctive experience. Our multidisciplinary attorney teams coordinate between practice groups and offices to provide the scope and depth of legal skill necessary to serve our clients most successfully.

Our client relationships are built on a shared vision that creates and sustains not only individuals, but also organizations with long-term commitments to their communities, their shareholders and their employees. The attorneys and staff at Sherman & Howard are proud to continue the Firm’s long tradition of providing high-quality legal and business solutions.

Team Co-Leaders

John R. Wylie For nearly 35 years, John Wylie has focused on advising all types of nonprofit organizations, including religious, charitable, sports, healthcare and educational institutions. John not only brings technical expertise to his practice, but also has a deep understanding of nonprofit organizations and a unique sensitivity to their priorities and legal needs. His experience includes advising boards and senior management teams on legal structure, governance and personnel policies, First Amendment and other religious accommodations, joint ventures and affiliations, mergers and acquisitions, commercial activities, regulatory compliance, intellectual property, international structure, current and deferred giving matters and religious worker visas. He also has extensive experience with exempt organization tax issues, including unrelated business income tax liability, the private foundation rules, property and sales tax exemptions and the implications of becoming recognized by the IRS as a church or religious order.

Stuart J. Lark For over 20 years, Stuart Lark has focused on helping nonprofit clients navigate complex matters related to their distinct operational and legal challenges. Stuart advises nonprofits on legal structure, governance, operational and personnel policies, joint ventures and affiliations, commercial activities, unrelated trade or business income tax, intellectual property, international structure, tax-exempt financing, private foundation rules, planned giving, and mergers and acquisitions. He has obtained many favorable IRS exemption rulings, as well as determinations granting state property and sales tax exemptions. Additionally, he counsels many clients with respect to religious accommodations in the law. He has helped clients secure religious tax exemptions, faith-based employment or activity rights, government benefits, and religious worker visas. Stuart also regularly advises on church disputes and other religious exercise matters.

Gammon & Grange, P.C. does more than simply solve your legal problems. We partner with you to help you achieve your goals. Using our decades of legal experience and creativity, we not only solve your immediate legal needs, but also create a pathway for your future by taking the time to understand the vision, philosophy and worldview that drives your organization. By doing so, we will provide your organization with innovative and individualized solutions tailored to fit your unique needs.

Since 1977, Gammon & Grange, P.C., has faithfully served clients around the nation with zeal, integrity, and results. Whether you are a national or local nonprofit organization, a trade association, small business, or an individual, we will work to meet your needs in an efficient, affordable, and personalized manner.

Complementing our national reputation in nonprofit and church law, our practice areas strategically include communications law, intellectual property (trademark and copyright prosecution, licensing, and litigation), business structure and organization, litigation, and estate planning.

Representing All Types of Nonprofits

Gammon & Grange, P.C., serves all types of nonprofit organizations, including charities, churches, religious ministries, trade associations, and educational institutions. We will provide you with expert advice and affordable services for almost any issue your nonprofit organization may encounter, such as forming a new legal entity, amending governance structure or policies, and navigating through the maze of IRS and state regulations that exist. Our decades of nonprofit experience will help your organization to succeed in all of its endeavors.

Expert Help for Businesses
Our business and corporate attorneys help many small businesses on a wide variety of issues, such as protecting their brands against infringements, resolving employee disputes, and accommodating new investors.

Expert Help for Individuals
Over the years, we have helped countless Over the years, we have helped countless clients in a variety of legal matters affecting their well being, family futures, and rights. Call us to see how we can help with your personal legal issues.

Our Attorneys

Chip Grange Mr. Grange is co-founder of Gammon & Grange, P.C. He has nearly 4 decades of experience in serving the legal needs of businesses and exempt organizations. His primary areas of legal experience include providing specialized counsel and comprehensive general counsel services to entrepreneurial ventures, nonprofit organizations, religious ministries, churches, and closely held businesses.

Other Gammon & Grange Attorneys