Recording available after the original program date, 8/29/2024  

Counseling a client about choice of entity for a nonprofit or charitable enterprise is a multilayered process.  First, clients need to understand that not all nonprofits are charities. Even if the enterprise is nonprofit and charitable in nature that does not necessarily mean the enterprise is eligible for tax-exempt status. Once these distinctions are made, attorneys need to counsel clients about the subtle advantages and disadvantages of four major types of entities, all formed under state law. Second, there is the distinct issue of how that entity is classified for federal tax purposes. Each classification comes with its own subtle tradeoffs.  This program will provide you with a practical guide to non-profit choice of entity and obtaining tax-exempt status. 

Part 1:

• Framework of major choice of entity considerations for nonprofit and charitable organizations – corporations, LLCs and trusts.
• Private foundations v. public charities – tradeoffs, costs, compliance.
• Restrictions on the activities and investments of each type of entity, including joint ventures with profit-making organizations.

Part 2:

• Considerations involving joint ventures between for-profit and non-profit entities.
• Practical Process of obtaining tax-exempt status – eligibility, timelines, and costs.
• Counseling clients about ongoing compliance reporting.

Opinions and positions stated by presenters of MoBarCLE programs are those of the presenters and not necessarily those of The Missouri Bar. This program is intended as information for lawyers in Missouri, in conjunction with other research they deem necessary, in the exercise of their independent judgment.

Note: This material qualifies for self-study credit only. Pursuant to Regulation 15.04.5, a lawyer may receive up to six hours of self-study credit in a reporting year. Self-study programs do not qualify for GAL Certification, ethics, elimination of bias or Kansas credit.