A Primer on Advising Nonprofit Organizations
April 2010
A Primer on Advising Nonprofit Organizations
Co-sponsored by the Business and Taxation Law Sections of the Colorado Bar Association
WHY YOU SHOULD ATTEND:
This program will present a comprehensive analysis of legal issues of concern to nonprofit organizations. The program is intended primarily for attorneys. Key representatives of nonprofit organizations, including board members, executive directors, chief financial officers, accountants, and representatives of governmental agencies can also benefit.
Program Highlights
- A Four-Subject Primer
- Political Activities in 2010
- Annual Tax Update
- Corporate Sponsorships, Affinity Arrangements and UBTI
- Being Social While Staying Private: The Interplay of Social Media and Individual Rights of Privacy
- Protecting Your Organization Against Criminal Activity
- Charitable Solicitations in Colorado and Nationally
- Structural Strategies with Businesses, Partnerships, Joint Ventures, For Profit Subsidiaries, and LLCs
- Fiduciary Duties of Directors
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 7 topics of current interest, the first dealing with the tax rules relating to and the campaign financing of political activities, followed by the annual tax update, then an examination of sponsorship and affinity fundraising activities with businesses, and the morning ending with an examination of the legal pitfalls when using social media such as Facebook and Twitter. The luncheon keynote speaker will discuss protecting your organization against criminal fraud, followed in the afternoon by compliance issues when soliciting donations in Colorado and nationally including use of the Internet, then structuring transactions with businesses using partnerships, joint ventures, for profit subsidiaries and LLCs, and closing with an examination of the duties of members of the board of directors.
AGENDA:
Moderated by:
John Valentine
Holme, Roberts & Owen LLP
12:15 -12:45 p.m.
Registration
12:45 – 1:00 p.m.
Welcoming Remarks and Introduction of Primer Moderator
Peter C. Guthery, Esq., Program Chair and Gary Abrams, CLE Executive Director
1:00 p.m. - 1:50 p.m.
Organization of Nonprofit Entities
This session will begin with an overview of the different types of entities that may be used in Colorado to form a tax-exempt organization, with particular emphasis on the Colorado nonprofit corporation. The mechanics of creating a Colorado nonprofit corporation will be examined followed by a consideration of the many different ways in which it may be governed, including a discussion of the relative rights and responsibilities of members, officers, and directors. This session will also touch on important areas of compliance with the Colorado Revised Nonprofit Corporation Act.
Presented by: John Valentine Esq.
1:50 p.m. - 2:40 p.m.
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..
2:40 p.m.
Break
2:55 p.m. - 3:45 p.m.
Public Charities, Private Foundations, and UBTI
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: Adam L. Weitzel, Esq.
3:45 p.m. - 4:35 p.m.
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.
4:35 p.m.
Wrap-up: Questions and Answers - Panel
4:50 p.m.
Adjourn
PLANNING COMMITTEE
Peter C. Guthery, Esq., Program Chair
Berenbaum, Weinshienk & Eason, P.C.
Denver, CO
Peter B. Nagel, Esq.
Peter B. Nagel, P.C.
Denver, CO
William E. Walters, III, Esq.
Kelly Garnsey Hubbell & Lass LLC
Denver, CO
FACULTY
John Valentine Esq., Moderator
Holme Roberts & Owen LLP
Denver, Colorado
Merry H. Balson, Esq.
Berenbaum Weinshienk PC
Denver, Colorado
Adam L. Weitzel, Esq.
Rothgerber Johnson & Lyons LLP
Colorado Springs, CO
Samantha White, Esq.
Pendleton Friedberg Wilson & Hennessey PC
Denver, Colorado
VIDEO REPLAYS: May 27, 2010
Denver: CLE Classroom, 1900 Grant Street, Suite 300
Grand Junction: 1250 East Sherwood Drive
Colorado Springs: 421 South Tejon Street, Suite 100
Location Information
CLECI Large Classroom
1900 Grant Street, Suite 300
Denver, CO 80203
Get directions
1900 Grant Street, Suite 300
Denver, CO 80203
Registration Fees
| $199.00 | |
| CBA | $159.00 |
| $159.00 | |
| $159.00 | |
| CORP | $139.00 |
| TAX | $139.00 |
| $119.00 |
- General Credits: 4.00
- Ethics Credits:
- EDI Credits:
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