Tax Exempt Charitable Planning

Tax Exempt & Charitable Planning


If you own or invest in a tax exempt or charitable organization, effective asset protection will involve a thorough understanding of how tax laws function. In addition, the organization needs to be structured and managed in a certain way to qualify as tax exempt. If not, a single audit from the IRS can result in loss of assets through fines and other penalties.

Hart David Carson can help you with the structuring, tax planning, and other issues associated with setting up and running a tax exempt organization.

Getting Legal Assistance

Our attorneys are fully capable of handling the multitude of legal issues that tax exempt and charitable organizations face daily. Among these are the following:

  • Organizational and formation considerations
  • Fundraising and charitable contributions
  • Reorganization
  • Joint ventures
  • Federal tax issues
  • State tax issues
  • Representation and dispute resolution
  • Tax exempt bonds


The numerous laws and regulations in place on tax-exempt entities make it difficult to avoid numerous pitfalls. We can help you with the paperwork and legal processes involved, including filing IRS forms and obtaining recognition as tax exempt under Internal Revenue Code.

Once tax exempt status is granted, it is vital to maintain it through all your usual activities. Any breaches can be found in an audit, and those audits by the IRS have become more frequent in recent years. Therefore, it is vital to ensure that your operations, such as the way funds are handled and how the organization is governed, are in full compliance with IRS regulations. This means legal assistance is absolutely key to maintaining your charitable organization properly.

Organizational Considerations

The structure, governance, and operations of your non-profit need to be in full compliance with federal and state regulations. Hart David Carson can help you with a wide variety of organizational considerations, including:

  • Governance planning and structuring
  • Recordkeeping and reporting practices
  • Corporate structuring (LLC, trust, etc.)
  • Structuring programs and projects
  • Structuring policies
  • Drafting agreements, such as non-disclosure and confidentiality agreements
  • Handling conflicts of interests
  • Dispute resolution

Not only do these need to be set up in a way that is fully compliant with the law, they also need to allow the organization to function effectively. We can help you achieve this balance in your charitable organization, from drafting agreements to developing the overall governance and organizational structuring needed to facilitate your operations.

The type of organization you form also plays a role in how organizational and financial matters are to be handled. Your tax-exempt organization might follow one of these structures:

  • Public charities
  • Private operating foundations
  • Employer sponsored charities
  • Private foundations
  • Type I, Type II, and Type III supporting organizations
  • Foundations
  • Social welfare entities
  • Health care entities

Again, knowing how to manage these in a way that is in full compliance with federal and state law is key to successful operation. Hart David Carson can help you with the many issues that arise during formation, management, and funding of your tax exempt organization.

Our charitable planning attorneys will help you through the process of forming, running, funding, and investing in a tax exempt organization. 

For assistance protecting your charitable assets, contact Hart David Carson today.

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