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HHS limits the use of guidance documents in civil enforcement actions

May 1, 2021

HHS limits the use of guidance documents in civil enforcement actions
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Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

  • Represented non-profit organizations in providing advice on corporate governance matters
  • Represented non-profit hospitals, educational organizations, trade associations, and foundations
  • Represented university boards of trustees on such matters as employment contracts, CEO compensation, performance evaluation, goal-setting, current and deferred compensation, Intermediate Sanctions, Sarbanes-Oxley, and best practices for managing higher education institutions

We help clients manage

  • State non-profit laws and filing requirements
  • Qualification for tax exempt status and filing the Application for Recognition of Exemption of Tax Exempt Status with the IRS
  • Unrelated business income issues
  • Private inurement, private benefit, excess benefit transactions and other tax compliance issue
  • Transactions between the non-profit organization and its founders, donors, board members, officers and employees
  • Charitable giving and endowment policies
  • Acquisitions, mergers and reorganizations
  • Corporate governance, conflicts of interest, appropriate organizational structures

A wide level of experience and diverse perspectives

  • Nelson Mullins’ non-profit attorneys include former special assistant in the Office of the Secretary of the Department of Health, Education, and Welfare
  • Tax attorneys with LLM degrees in tax law
  • Attorney team includes former certified public accountants
  • Attorney team experience includes counsel to trade associations, university and college counsel, school district counsel

Our clients span industry sectors

  • Healthcare Industry
  • Educational Organizations
  • Governmental and quasi-governmental organizations
  • Public Housing and other public initiatives
  • Trade Associations

Make careful, timely, and informed decisions

Address the myriad of issues that confront the non-profit organization from organization, operation, consolidation and dissolution while simultaneously managing the tax exempt or taxable aspects of the organization.  Our team works side-by-side with our non-profit clients, developing an understanding of their business objectives and helping to achieve tax objectives.

Our non-profit organization services help you to

  • Track, analyze, and understand state and federal laws applicable to your non-profit status and your tax exempt status
  • Establish necessary policies and procedures
  • Address and document governance decisions and responsibilities
  • Respond to inquiries or audits by the IRS
  • Create compliant joint ventures, mergers, and other strategic applications
  • Receive advice on the state and federal implication of commercial transactions
  • Maintain tax exempt status

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

  • Represented non-profit organizations in providing advice on corporate governance matters
  • Represented non-profit hospitals, educational organizations, trade associations, and foundations
  • Represented university boards of trustees on such matters as employment contracts, CEO compensation, performance evaluation, goal-setting, current and deferred compensation, Intermediate Sanctions, Sarbanes-Oxley, and best practices for managing higher education institutions
  • A practical business mindset
  • Multi-disciplinary team
  • Relationships with key government professionals in the communities in which we do business

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