We offer legal services to all types of nonprofit and tax-exempt organizations, at every stage of development.
Our Services
Starting a New Nonprofit
We offer the following services to help you create a new nonprofit:
Advising on the appropriate type of entity for your needs
Drafting and filing organizational documents such as articles of incorporation and bylaws
Forming, advising board of directors
Obtaining Employer Identification Number (EIN) from the IRS
We offer flat fee arrangements for starting most new nonprofits.
We can help you obtain tax-exempt status from the IRS and state agencies, including property tax exemptions (where available). We offer flat fee arrangements for obtaining most types of tax exemption.
Obtaining Tax Exemptions
Advising on Exempt Activities
We can answer questions regarding whether the IRS is likely to view certain activities as consistent with your organization's exempt purposes, whether your organization is a section 501(c)(3) charity, section 501(c)(4) social welfare organization, section 501(c)(6) trade association, or some other type of exempt organization.
Filing & Reporting Requirements
We can answer questions related to completing Form 990 returns and other reporting requirments.
Tax Audits & Litigation
We can represent your organization in tax-related litigation, as well as in audits and other disputes with the IRS, including before the IRS Office of Appeals.
Unrelated Business Income Tax (UBIT)
Tax-exempt organizations still need to pay tax on activities that generate unrelated business income. We can help you understand UBIT requirements, including how to minimize your UBIT liability and help you make sure that unrelated business activities don't endanger your tax-exempt status.
Political Campaigning & Lobbying
We can advise on the specific political campaign and lobbying restrictions that apply to your organization and help you make sure that your advocacy work doesn't endanger your tax-exempt status.
International Activities
If your organization is doing international work or making grants abroad, we can advise you on how to comply with tax and other rules applicable to your international activities.
Executive Compensation
We can advise on IRS and state laws governing executive compensation and help you ensure that compensation paid to your executives complies with applicable law and won't subject you to excise taxes or other penalties.
Corporate Governance
Private Foundation Compliance
Hospital Charity Care
We can advise your board on state legal requirements, including fiduciary duties, and draft or revise corporate documents such as bylaws. We can also advise about best practices.
We can help private foundations comply with requirements unique to them, including minimum distribution requirements and restrictions on self-dealing, excess business holdings, and jeopardizing investments.
We can advise on the law applicable to tax-exempt hospitals, including requirements for charity care and compliance with additional rules imposed by the Patient Protection and Affordable Care Act.
Mergers, Joint Ventures & Other Complex Transactions
Charitable Gifts & Deductibility
We can advise your nonprofit on complex transactions, including mergers and other reorganizations and joint ventures (including with for-profit entities).
We can assist donors and organizations in drafting gift agreements and advise them on the requirements to obtain tax benefits for charitable gifts.
Closing a Nonprofit
We can help dissolve nonprofits and advise on the options to legally distribute assets.
Donor Agreements & Restricted Assets
Fiscal Sponsorships
Private Letter Rulings
We can help your organization comply with existing donor agreements and help you understand options for modifying restrictions on gifts.
We can advise on how to structure fiscal sponsorships to comply with applicable tax law, allowing donors to receive tax deductions for gifts to new organizations not yet recognized as tax-exempt.
We are also able to apply to the IRS for a letter ruling confirming the tax treatment of a planned transaction.
Other Services
We also offer services in addition to those listed on this page. If you need help with a different type of legal issue, please let us know.
Starting a New Nonprofit
We offer the following services to help you create a new nonprofit:
Advising on the appropriate type of entity for your needs
Drafting and filing organizational documents such as articles of incorporation and bylaws
Forming, advising board of directors
Obtaining Employer Identification Number (EIN) from the IRS
We offer flat fee arrangements for starting most new nonprofits.
We can help you obtain tax-exempt status from the IRS and state agencies, including property tax exemptions (where available). We offer flat fee arrangements for obtaining most types of tax exemption.
Obtaining Tax Exemptions
Filing & Reporting Requirements
We can answer questions related to completing Form 990 returns and other reporting requirments.
Tax Audits & Litigation
We can represent your organization in tax-related litigation, as well as in audits and other disputes with the IRS, including the IRS Office of Appeals.
Unrelated Business Income Tax (UBIT)
Tax-exempt organizations still need to pay tax on activities that generate unrelated business income. We can help you understand UBIT requirements, including how to minimize your UBIT liability and help you make sure that unrelated business activities don't endanger your tax-exempt status.
Political Campaigning & Lobbying
We can advise on the specific political campaign and lobbying restrictions that apply to your organization and help you make sure that your advocacy work doesn't endanger your tax-exempt status.
International Activities
If your organization is doing international work or making grants abroad, we can advise you on how to comply with tax and other rules applicable to your international activities.
Executive Compensation
We can advise on IRS and state laws governing executive compensation and help you ensure that compensation paid to your executives complies with applicable law and won't subject you to excise taxes or other penalties.
Corporate Governance
Private Foundation Compliance
Hospital Charity Care
We can advise your board on state legal requirements, including fiduciary duties, and draft or revise corporate documents such as bylaws. We can also advise about best practices.
We can help private foundations comply with requirements unique to them, including minimum distribution requirements and restrictions on self-dealing, excess business holdings, and jeopardizing investments.
We can advise on the law applicable to tax-exempt hospitals, including requirements for charity care and compliance with additional rules imposed by the Patient Protection and Affordable Care Act.
Mergers, Joint Ventures & Other Complex Transactions
Charitable Gifts & Deductibility
Other Services
We can advise your nonprofit on complex transactions, including mergers and other reorganizations and joint ventures (including with for-profit entities).
We can assist donors and organizations in drafting gift agreements and advise them on the requirements to obtain tax benefits for charitable gifts.
We also offer services in addition to those listed on this page. If you need help with a different type of legal issue, please let us know.
Advising on Exempt Activities
We can answer questions regarding whether the IRS is likely to view certain activities as consistent with your organization's exempt purposes, whether your organization is a section 501(c)(3) charity, section 501(c)(4) social welfare organization, section 501(c)(6) trade association, or some other type of exempt organization.
Closing a Nonprofit
We can help dissolve nonprofits and advise on the options to legally distribute assets.
Donor Agreements & Restricted Assets
Fiscal Sponsorships
Private Letter Rulings
We can help your organization comply with existing donor agreements and help you understand options for modifying restrictions on gifts.
We can advise on how to structure fiscal sponsorships to comply with applicable tax law, allowing donors to receive tax deductions for gifts to new organizations not yet recognized as tax-exempt.
We are also able to apply to the IRS for a letter ruling confirming the tax treatment of a planned transaction.
experienced, affordable counsel for nonprofits
Montague Nonprofit Law
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