23rd Annual Institute on Advising Nonprofit Orgs in Colorado AND A Primer on Advising Nonprofit Orgs Out of Stock
Co-sponsored by the Business and Taxation Law Sections of the CBA, the Colorado Nonprofit Associatio
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May 2014
23rd Annual Institute on Advising Nonprofit Organizations in Colorado AND A Primer on Advising Nonprofit Organizations
Co-sponsored by the Business and Taxation Law Sections of the CBA, the Colorado Nonprofit Association, and the Colorado Society of Association Executives
Program Highlights:
Primer Topics Include:
- Organization of Nonprofit Entities presented by Hugh Jones, Esq., Charity Counsel
- Obtaining and Retaining Tax-Exempt Status presented by Becky Farr Seidel, Esq., Leaffer Law Group LLC
- Taxation of Unrelated Business Income presented by Samantha White, Esq., Baker & Hostetler LLP
- Operational Issues for Tax-Exempt Organizations presented by John Valentine, Esq., Davis Graham & Stubbs LLP
Institute Topics Include:
- 2014 Tax Law Update presented by Peter Nagel, Esq., Peter B. Nagel, PC
- Lobbying and Political Activities of Tax-Exempt Organizations: How To Navigate The Rules For Effective Advocacy presented by Cara Lawrence, Esq., Heizer | Paul LLP
- Choice of Entity in Charitable Planned Giving presented by Stephanie M. Tuthill, Esq., Tuthill & Hughes LLP
- Governance Update for Nonprofits presented by Kristin N. Koval, Esq., Sherman & Howard LLC
- Ethical Obligations of Attorneys presented by Nancy L. Cohen, Esq., MiletichCohen PC
- All Things International presented by Stuart J. Lark, Esq., Bryan Cave LLP
Keynote Luncheon Topic & Speaker:
- Privacy and Confidentiality in the Nonprofit Enterprise presented by Henry R. Reeve, Esq., Denver District Attorney's Office
Program Description:
The 2014 Primer is designed to introduce practitioners to more general aspects of the laws governing the formation and operation of nonprofit organizations, obtaining and retaining tax-exempt status, taxation of unrelated business income, the distinctions between nonprofit entities, and operational issues for tax-exempt organizations.
The 23rd Annual Institute will present a comprehensive analysis of legal issues of concern to nonprofit organizations. The program will benefit attorneys, key representatives of nonprofit organizations, including board members, executive directors, chief financial officers, accountants, and representatives of governmental agencies.
Agenda:
DAY ONE - THURSDAY, MAY 1, 2014:
8:30 -8:55 a.m.
Registration & Continental Breakfast
8:55 - 9:00 a.m.
Welcoming Remarks and Introduction of Primer Moderator
John R. Valentine, Esq.
Davis Graham & Stubbs LLP
Denver, Colorado
9:00 - 9:50 a.m.
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:
Hugh Jones, Esq.
Charity Counsel
Colorado Springs, Colorado
9:50 - 10:40 a.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) of the Internal Revenue Code. It will begin with an overview of the different 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) organization. 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), including charitable, educational and scientific activities; the relationship between its public benefit requirement and private inurement prohibition; and its restrictions on lobbying and political campaign involvement. It also will touch on the differences between public charities and private foundations, and differences between Section 501(c)(3) organizations and other Section 501(c) organizations with respect to activities like lobbying.
Presented by:
Becky Farr Seidel, Esq.
Leaffer Law Group LLC
Boulder, Colorado
10:40 - 10:55 a.m.
Break
10:55 - 11:45 a.m.
Taxation of Unrelated Business Income
Tax-exempt organizations are subject to tax on income from activities that are unrelated to their exempt purposes. This can include income from fundraising activities that the tax-exempt organization conducts regularly to further its exempt activities. This session 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:
Samantha White, Esq.
Baker & Hostetler LLP
Denver, Colorado
11:45 - 12:35 a.m.
Operational Issues for Tax-Exempt Organizations
Tax-exempt organizations deal with a number of operational issues. Some of these issues are similar to those dealt with by for-profit organizations. Other issues are unique to tax-exempt organizations. This session will discuss a few of such operational issues, including the annual return (Form 990) filing requirements and automatic revocation of exemption for failure to file, basic board governance issues, and charitable solicitation registration rules. An understanding of these topics will be important for a variety of tax-exempt organizations, including charities.
Presented by:
John R. Valentine, Esq.
Davis Graham & Stubbs LLP
Denver, Colorado
12:35 p.m.
Wrap-up: Questions and Answers - Panel
DAY TWO - FRIDAY, MAY 2, 2014:
8:30 a.m.
Registration & Continental Breakfast
8:55 a.m.
Welcoming Remarks
William Walters, III, Esq.
Heizer | Paul LLP
Denver, Colorado
9:00 - 9:50 a.m.
2014 Tax Law Update
The annual Tax Update will highlight selected federal and state tax law developments throughout the past year, focusing on those that illustrate significant principles of exempt organizations tax law. The presenter will address such topics as the impact on IRS operations of the controversy over exemption applications filed by conservative groups, retroactive revocation of exemptions, guidance affecting social welfare organizations, and charitable giving developments.
Presented by:
Peter B. Nagel, Esq.
Peter B. Nagel, PC
Denver, Colorado
9:50 - 10:40 a.m.
Lobbying and Political Activities of Tax-Exempt Organizations: How To Navigate The Rules For Effective Advocacy
Advocacy is a legitimate and important activity of tax-exempt organizations. However, there are many rules that impact advocacy, and different classifications of tax-exempt organizations are subject to different rules. Navigating the complex Internal Revenue Code rules on the lobbying and political activities of tax-exempt organizations can be intimidating. This lecture will discuss how tax-exempt organizations such as public charities, private foundations, business associations and social welfare organizations can effectively and confidently engage in advocacy, lobbying, and other election-year related activities within the parameters of the Internal Revenue Code.
Presented by:
Cara Lawrence, Esq.
Heizer | Paul LLP
Denver, Colorado
10:40 - 10:55 a.m.
Networking Break
10:55 - 11:45 a.m.
Choice of Entity in Charitable Planned Giving
The focus of this session will be the various entities that can serve as the recipients of planned giving. These include private foundations and Section 509(a)(3) supporting organizations, donor advised and donor directed funds within community foundations and large mutual funds, wholly charitable trusts, and split-interest trusts. The speaker will concentrate on the relative advantages and disadvantages of each type of entity from the donor's and recipient charity's perspective.
Presented by:
Stephanie M. Tuthill, Esq.
Tuthill & Hughes LLP
Denver, Colorado
11:45 a.m.
Questions and Answers - Panel
12:00 p.m. - 1:15 p.m.
Keynote Luncheon Presentation
(Box lunch provided. Lunch presentation 12:25 - 1:15)
Privacy and Confidentiality in the Nonprofit Enterprise (luncheon speaker)
The speaker, a prosecutor and a widely recognized expert on computer security and forensics, will address challenges that confront nonprofit organizations seeking to preserve the privacy of their communications and the confidentiality of their information - including increasingly sophisticated computer malware, the uneasy emergence of mobile devices within corporate networks, and social media and commercial websites that mine their users' personal data.
Presented by:
Henry R. Reeve, Esq.
Denver District Attorney's Office
Denver, Colorado
1:15 - 2:05 p.m.
Governance Update for Nonprofits
The IRS and the Colorado Attorney General both have made promoting good corporate governance one of their priorities for tax-exempt organizations. In addition, today's connected and transparent world demands increased need for good governance and accountability. This presentation will discuss common corporate governance problems that arise in nonprofit and tax-exempt organizations (including both public charities and private foundations) and how to remedy and avoid those problems. Time will also be devoted to discussing best practices that every nonprofit organization should remember.
Presented by:
Kristin N. Koval, Esq.
Sherman & Howard LLC
Denver, CO
2:05 - 2:55 p.m.
Ethical Obligations of Attorneys
Lawyers are invited to join the boards of nonprofit organizations for a variety of reasons, the best of which relate to the judgment and analytical and communication skills lawyers may bring to bear. Service on nonprofit boards, however, often presents lawyers with irresistible opportunities to exercise their legal training, with potential ethical implications. This presentation will review the most troublesome of those ethical considerations including issues related to whether serving as a director may create a lawyer-client relationship, present conflicts of interest or raise concerns regarding competence.
Presented by:
Nancy L. Cohen, Esq.
MiletichCohen PC
Denver, Colorado
2:55 - 3:15 p.m.
Networking Break
3:15 - 4:05 p.m.
All Things International
This session will discuss important issues all nonprofit organizations should know when conducting activities in other countries. These issues include tax rules regarding the deductibility of contributions to U.S. nonprofits for activities outside the U.S. (as well as the more stringent rules applicable to contributions to Canadian charities), disclosure of foreign activities and holdings to the IRS, U.S. and foreign employment law considerations, the corporate and contractual relationships between U.S. nonprofits and foreign affiliates, the protection of intellectual property in other countries, and insurance/risk management considerations.
Presented by:
Stuart J. Lark, Esq.
Bryan Cave LLP
Colorado Springs, Colorado
4:05 p.m.
Questions and Answers - Panel
4:30 p.m.
Adjourn
- CLE Pass Price *FREE! - exclusions may apply
- Standard Price $379.00 USD
- Member Price $329.00 USD
- General Credits 11.00
- Ethics Credits 1.00
- EDI Credits