Advising Nonprofit Organizations and A PRIMER (18th Annual) Out of Stock
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18th Annual Institute on Advising Nonprofit Organizations in Colorado and A Primer
Program Highlights
- A Four-Subject Primer
- Annual Tax Update
- Maintaining Endowments in an Year of Declining Markets
- Internal Revenue Service Enforcement Activities
- With Malice Toward None, With Charity For All – Colorado Enforcement Activities
- Form 990 Update: The Dawning of a New Age of Accountability, Oversight and Disclosure
- Operating in Cyberspace: The Top Ten IP Issues for Non-Profits
- The Financially Troubled Charity
Program Description
The program is presented in two parts. It begins on Thursday afternoon with a Primer that presents lectures on forming nonprofit entities, obtaining and retaining tax-exempt status, differentiating between public charities and private foundations, and planning for charitable contributions by donors.
The following day's advanced program will examine in depth six areas of particular interest in this year of financial hardship. In the morning, the annual tax update will be followed by a discussion of issues that arise due to the increased use of the Internet by charities, then an examination of problems with respect to “underwater” endowments (i.e., endowments whose values have decreased below the original gift amount due to the Recession), followed by a keynote luncheon talk on IRS enforcement activities to be presented by Robert S. Choi, Director of Exempt Organizations Rulings and Agreements of the Internal Revenue Service. The afternoon session will include a panel discussion on recent Colorado enforcement activities, an analysis of the final revised Form 990 and its impact on nonprofit operations as a document subject to public disclosure, and a panel addressing many of the issues facing nonprofit entities operating in difficult economic times
A Primer on Advising Nonprofit Organizations
Topics
Moderated by Kelly R. Berg, Esq., Tuthill & Hughes LLP, Denver, Colorado
Organization of Nonprofit Entities
Nonprofit corporations in Colorado may be formed for “any lawful business or activity,” and the flexibility of Colorado's nonprofit corporation statute lends itself to structuring nonprofit corporations in ways that accommodate a wide diversity of circumstances. This session will begin with the mechanics of creating a nonprofit corporation and then proceed to consider many of the different ways in which they may be governed, including a discussion of the relative rights and responsibilities of members and directors. This session will also touch on important areas of compliance with the Colorado Revised Nonprofit Corporation Act.
Presented by John Valentine Esq., Holme Roberts & Owen, LLP, Denver, CO
Obtaining and Retaining Tax-Exempt Status
This session will provide a basic introduction to the tax law applicable to organizations described in Section 501(c). It will begin with an overview of the varied categories of tax-exempt organizations, including social welfare organizations, trade associations, and social clubs, and will then focus on the requirements for qualifying and operating as a Section 501(c)(3) charity. In that regard, this presentation will explore the types of activities that can be considered to fall within the scope of Section 501(c)(3), the relationship between its public benefit requirement and private inurement prohibition, and its restrictions on lobbying and political campaign involvement.
Presented by Cara Greengard Lawrence, Esq. , Isaacson Rosenbaum, P.C. , Denver, CO
Public Charities, Private Foundations, and Unrelated Business Taxable Income
This session will clarify the complexities of qualifying a Section 501(c)(3) organization as a public charity, as well as the consequences of its failure to establish or maintain that status and thus becoming classified as a private foundation. The second half of this presentation will explore the taxation of unrelated business taxable income, with a special emphasis on how to recognize which activities may generate taxable income and strategies for avoiding or minimizing it.
Presented by Kelly R. Berg, Esq., Tuthill & Hughes LLP, Denver, CO
Charitable Giving: Tools for Charities and Tax Relief for Donors
In this economic climate, many charities are seeking to increase their revenues while potential donors are seeking tax relief. Charitable giving can meet both goals. This presentation will begin with an introduction to various charitable giving techniques charities may wish to employ as part of a planned giving program, including charitable split interest trusts, conservation easements, gifts of remainder interests, restricted gifts, charitable gift annuities, and pooled income funds, with an emphasis on techniques that can be particularly attractive to donors when interest rates are low. It will then review the substantiation rules imposed on charities and donors when a gift is made. Finally it will survey the deductibility of charitable contributions, including categories of eligible donees, percentage limitations, and special rules based on the type of property donated and the uses of that property.
Presented by Merry H. Balson, Esq., Berenbaum, Weinshienk & Eason, P.C., Denver, CO
18th Annual Institute on Advising Nonprofit Organizations in Colorado
Topics
Tax Update
This lecture will examine developments over the past 12 months in the area of nonprofit, tax exempt organizations including Federal and Colorado proposed and new legislation, court decisions and administrative pronouncements. Special emphasis will be given to those areas not covered by the five substantive lectures and panels described below.
Presented by Peter C. Guthery, Esq., Berenbaum, Weinshienk &Eason, P.C , Denver, CO
Operating in Cyberspace: The Top Ten IP Issues for Non-Profit Organizations
Nonprofit organizations (NPOs) have websites that provide and collect information, solicit donations, advertise the organization and its mission, promote events and allow networking. This session will cover the top ten intellectual property related internet issues for NPOs, including email solicitations, when your domain is registered by someone else, use of confusing names by others, protecting your copyrights, using copyrighted material of others, notices and disclaimers to include on your web site, linking to other sites, and solicitations your organization should avoid.
Presented by Sabrina C. Stavish, Esq., Sheridan Ross P.C., Denver, CO
Maintaining Endowments in an Year of Declining Markets
As their portfolios decline in value, charities should revisit the spending policies of their endowment funds. While the Uniform Prudent Management of Institutional Funds Act relieves some of the pressure by eliminating the floor below which endowments may not be spent, that Act requires heighted attention to determining the prudence of spending endowments in times of financial downturn. This session will consider the wisdom of various spending policies in both good markets and bad markets and the processes necessary to modify endowment funds to accommodate financial uncertainty.
Presented by Peter B. Nagel, Esq., Denver, CO
Keynote Presentation “Internal Revenue Service Enforcement Activities”
Presented by Robert S. Choi, Director, Exempt Organizations Rulings and Agreements Internal Revenue Service, Washington, D.C.
With Malice Toward None, With Charity For All – Colorado Enforcement Activities
With few exceptions, every charitable organization that solicits contributions in Colorado by any means must register with the Secretary of State, provide general identifying information, and file annual financial reports. Organizations that fail to comply with these requirements are subject to monetary penalties. This panel will address the charitable solicitation registration and disclosure requirements, including proposed rules issued in January of this year by the Secretary of State. It will also address efforts by the Secretary of State and the Attorney General to enforce those requirements, including the Attorney General's recent filing of a complaint against a Colorado charity and certain of its officers and employees. Finally, representatives from the Attorney General's office will discuss initiatives intended to preserve and protect charitable assets for their charitable purposes.
Moderated by Kelly R. Berg, Esq., Tuthill & Hughes, LLP, Denver, CO
Panel: Jan M. Zavislan, Esq., Colorado Deputy Attorney General for Consumer Protection, Denver, CO, Geoff Blue, Esq., Colorado Deputy Attorney General for Legal Policy and Governmental Affairs, Denver, CO and Chris Cash, Colorado Secretary of State's Charities Program Manager, Denver, CO
Form 990 Update: The Dawning of a New Age of Accountability, Oversight and Disclosure
Described by many as an annual self-audit, the revised Form 990, the annual information return filed by tax-exempt organizations other than private foundations, was issued in final form on December 20, 2007, ushering in a new era of transparency for tax-exempt organizations. Last year, we discussed highlights of the new Form 990. However, because the instructions were only in draft form at that time, many questions remained about the application of the new reporting requirements. The finalized instructions were released on August 19, 2008, providing guidance as to some of those questions and leaving others unresolved. This update will review the significant reporting changes in the new Form 990, the additional guidance (or lack thereof) contained in the finalized instructions, and the phase-in rules with respect to filing the new form, with emphasis on the form's shift in focus and new disclosure requirements, and the impact the new form has on nonprofit operations in light of the public nature of the information reported.
Presented by Steven R. Corder, CPA, Kundinger Corder & Engle, P.C., Denver, CO
The Financially Troubled Charity
Charities are no less affected by a recessionary economy than other sectors, and many, in fact, find the need for their services increasing just as their budgets are decreasing. Using a case study approach, a panel of specialists will address some of the issues that may confront a financially stressed charity. These include the heightened risk of employee dishonesty, the pitfalls associated with downsizing a workforce, the temptation to access restricted funds, restructuring options to achieve economies of scale, and the possibility of bankruptcy as a last resort.
Moderated by Peter B. Nagel, Esq., Denver, CO
Presented by Bart B. Burnett, Esq., Pearson Horowitz & Burnett PC, Denver, CO, Rand Gambrell, CPA. BKD LLP, Denver, CO and Elizabeth S. McKelvey, Esq., Jackson Lewis LLP, Denver, CO
Planning Committee
Peter C. Guthery, Esq.
Program Chair
Berenbaum, Weinshienk & Eason, P.C.
Denver, CO
Merry H. Balson, Esq.
Berenbaum, Weinshienk & Eason, P.C.
Denver, CO
Kelly R. Berg, Esq.
Tuthill & Hughes LLP
Denver, CO
Peter B. Nagel, Esq.
Peter B. Nagel, P.C.
Denver, CO
Sabrina C. Stavish, Esq.
Sheridan Ross P.C.
Denver, CO
William E. Walters, III, Esq.
Kelly Garnsey Hubbell & Lass LLC
Denver, CO
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $349.00 USD
- Member Price $309.00 USD
- General Credits 12.00
- Ethics Credits
- EDI Credits