Co-sponsored by the Business and Taxation Law Sections of the Colorado Bar Association

 

 

 

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 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

 

 

 

 

12:15 -12:45 p.m.

 

12:45 – 1:00 p.m.

 

 

1:00 p.m.

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:

 

1:50 p.m.

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:

 

2:40 p.m.

 

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:

 

3:45 p.m.

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:

 

4:35 p.m.

 

4:50 p.m.

 

 

 

Berenbaum, Weinshienk & Eason, P.C.

Denver, CO

 

Berenbaum, Weinshienk & Eason, P.C.

Denver, CO

 

Tuthill & Hughes LLP

Denver, CO

 

Peter B. Nagel, P.C.

Denver, CO

 

Sheridan Ross P.C.

Denver, CO

 

Kelly Garnsey Hubbell & Lass LLC

Denver, CO

 

 

 

 

Kelly R. Berg, Esq.

Tuthill & Hughes LLP

Denver, Colorado

 

Berenbaum, Weinshienk & Eason, P.C.

Denver, CO

 

Isaacson Rosenbaum, P.C.

Denver, CO

 

Tuthill & Hughes LLP

Denver, Colorado

 

Holme Roberts & Owen, LLP

Denver, Colorado