BUSINESS SERVICES

Banking & Finance

Bankruptcy

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Distressed Assets, Loan Workout and Creditors' Rights

Estate Planning / Probate

Government Relations

Intellectual Property

International

Nonprofit and Exempt Organizations

Tax

Construction

Employment

Health Care

Litigation

Public Law

Real Estate

Nonprofit and Exempt Organizations

McDonough Holland & Allen PC has an extensive nonprofit and exempt organizations practice serving public charities, private foundations, trade associations and other nonprofit organizations. We work closely with our clients to determine the most appropriate type of entity to meet their goals and provide the critical analysis necessary to obtain federal and state tax-exemption. We also work with public agencies and their affiliated nonprofit and Internal Revenue Code section 115 exempt organizations.

Our advice not only encompasses formation and exemption issues, but also governance, operations, on-going tax compliance, relationships between affiliated nonprofit and for-profit entities, mergers, asset acquisitions and transfers and dissolutions. We are experienced in dealing with matters before federal, state and local tax and regulatory agencies, including the Attorney General, State Board of Equalization and County Tax Assessors.

In the area of governance, we advise clients on the range of issues faced by boards of directors in carrying out their fiduciary duties so they can maximize their effectiveness and accomplish their goals for their organizations and stakeholders. We work closely with senior management to provide pragmatic advice in dealing with the day-to-day issues faced by managers in running an organization. Because of the increased scrutiny of the activities of nonprofit organizations by governmental oversight entities and the public, we counsel clients on ways to improve transparency and accountability and establish mechanisms to support the efficient operation of the organization. This extends to tax and other regulatory issues.

Our nonprofit attorneys also have significant experience in formulating relationships between nonprofit and for-profit entities, whether affiliated or unaffiliated, and dealing with issues arising from the use of public assets in those relationships.

We currently serve as nonprofit general counsel to numerous regional, statewide and national nonprofit organizations. Our attorneys not only counsel nonprofits but we also serve on the boards of a myriad of nonprofit organizations, including a state-chartered credit union.

Members of our group, some formerly with the Internal Revenue Service, possess advanced degrees in tax and business and are certified in directorship and corporate governance. We frequently provide educational seminars to nonprofit board members, senior management, attorneys and accountants on organizational “best practices” and issues arising from non-exempt activities. We also offer an annual legal check-up to assist clients in keeping up-to-date on legal requirements and maintaining productive and successful organizations. We have some of the most extensive experience and resources in the greater Sacramento region and are uniquely positioned to provide our clients with a full range of services for their organizations.