Nonprofit Organizations
Mr. DePerno provides a wide range of legal services to this rapidly growing sector of the U.S. economy. Nonprofit organizations account for 8 percent of the U.S. economy and 10 percent of the workforce, making this one of the fastest growing business sectors in the country. Mr. DePerno has provided legal advice to nonprofit clients for over 15 years. His experience allow him provide in-depth service to nonprofits that is not always available from other firms.
Mr. DePerno frequently serves as counsel to a broad variety of nonprofit organizations, including the following:
• Nonprofit hospitals and other types of tax-exempt health care organizations, such as health maintenance organizations, skilled nursing facilities, home health agencies and their affiliates
• Tax-exempt and governmental colleges and universities
• Trade and professional associations
• Religious organizations
• Company foundations
• Private foundations and other planned-giving vehicles
Our legal services to these organizations include the following areas:
Nonprofit Corporate Law
Mr. DePerno has years of experience in the area of nonprofit corporation and charitable trust laws, particularly as these laws apply to corporate structure and material business transactions, including matters involving corporate reorganizations, restructurings, mergers and similar major structural endeavors, as well as with respect to institutional management of charitable funds. Mr. DePerno's experience in these areas complements his practice advising nonprofit clients on corporate governance.
Nonprofit Corporate Governance
Mr. DePerno has advised to nonprofit organizations on matters relating to corporate governance, corporate responsibility, and fiduciary duty. In this regard, Mr. DePerno counsels individual directors, entire boards of directors, board committees, executive officers, industry oversight groups, donors and, in limited and special circumstances, units of government. Advice is provided on a wide variety of matters, including board composition, structure, policies and practices; exercise of fiduciary duty, generally; board and executive compensation; board oversight obligations in material transactions; fiduciary-duty-related disputes and litigation; corporate compliance programs; internal investigations; and resolution of conflicts of interest/self-dealing controversies.
Mr. DePerno is particularly active in advising its nonprofit clients on the application of "corporate responsibility" principles and matters related to transparency, disclosure and board oversight of financial matters, and particular conflicts of interest issues relating to health care and research.
Tax Exemption
Mr. DePerno provides comprehensive tax planning, compliance and advocacy services to a broad spectrum of tax-exempt organizations.
Tax Counseling, Compliance & Planning
Mr. DePerno's federal income tax counseling and planning services deal with all organizational and operational aspects of obtaining and maintaining tax exemption and public charity status, and planning for appropriate taxation of unrelated business activities. He assists clients in complying with applicable private foundation or intermediate sanctions rules, including structuring physician and executive compensation arrangements. He prepares exemption applications and obtains exemption determinations and private letter rulings from the Internal Revenue Service (IRS). He also provides tax planning and counseling services at the state and local level on state income or franchise tax exemptions, sales and use tax exemptions, and other issues, including disclosure of director and officer interests and transactions on the new Form 990.
Tax Audits
Mr. DePerno assists exempt organizations in tax audits and examinations, including Team Examination Program audits and special focus audits, such as Executive Compensation audits and audits of private use of tax-exempt bond proceeds. His representation includes advice on strategies for the defense of audits, dealings with examining agents, obtaining technical advice from IRS headquarters, and representing clients in the administrative appellate process and in litigation. Mr. DePerno has represented nonprofit organizations on a wide range of matters, including proposed revocations of tax-exempt status, proposed terminations or changes of public charity status, issues related to operating affiliated organizations as private foundations and unrelated business income tax issues. Mr. DePerno provides similar services at the state and local levels.
Tax Litigation
Exempt organizations are on occasion involved in tax litigation. The dispute may involve a proposed denial of an application for recognition of tax exemption for a new organization, or a proposed revocation of tax-exempt status for an existing organization. Tax litigation may also involve challenging a proposed IRS assessment for unrelated business income, employment or excise taxes. Mr. DePerno has extensive litigation experience in federal courts, including the U.S. Tax Court, the US Court of Federal Claims, US district courts, and US court of appeal
Property Tax Exemption
State and local governments are focusing more on whether the property, plants and equipment of nonprofit organizations should be exempt from state and local property taxes. Mr. DePerno represents organizations across the United States in obtaining property tax exemptions, and defend clients when property tax exemptions are threatened. Mr. DePerno assists nonprofit organizations in administrative and judicial appeals related to their property tax-exempt status.
Mr. DePerno frequently serves as counsel to a broad variety of nonprofit organizations, including the following:
• Nonprofit hospitals and other types of tax-exempt health care organizations, such as health maintenance organizations, skilled nursing facilities, home health agencies and their affiliates
• Tax-exempt and governmental colleges and universities
• Trade and professional associations
• Religious organizations
• Company foundations
• Private foundations and other planned-giving vehicles
Our legal services to these organizations include the following areas:
Nonprofit Corporate Law
Mr. DePerno has years of experience in the area of nonprofit corporation and charitable trust laws, particularly as these laws apply to corporate structure and material business transactions, including matters involving corporate reorganizations, restructurings, mergers and similar major structural endeavors, as well as with respect to institutional management of charitable funds. Mr. DePerno's experience in these areas complements his practice advising nonprofit clients on corporate governance.
Nonprofit Corporate Governance
Mr. DePerno has advised to nonprofit organizations on matters relating to corporate governance, corporate responsibility, and fiduciary duty. In this regard, Mr. DePerno counsels individual directors, entire boards of directors, board committees, executive officers, industry oversight groups, donors and, in limited and special circumstances, units of government. Advice is provided on a wide variety of matters, including board composition, structure, policies and practices; exercise of fiduciary duty, generally; board and executive compensation; board oversight obligations in material transactions; fiduciary-duty-related disputes and litigation; corporate compliance programs; internal investigations; and resolution of conflicts of interest/self-dealing controversies.
Mr. DePerno is particularly active in advising its nonprofit clients on the application of "corporate responsibility" principles and matters related to transparency, disclosure and board oversight of financial matters, and particular conflicts of interest issues relating to health care and research.
Tax Exemption
Mr. DePerno provides comprehensive tax planning, compliance and advocacy services to a broad spectrum of tax-exempt organizations.
Tax Counseling, Compliance & Planning
Mr. DePerno's federal income tax counseling and planning services deal with all organizational and operational aspects of obtaining and maintaining tax exemption and public charity status, and planning for appropriate taxation of unrelated business activities. He assists clients in complying with applicable private foundation or intermediate sanctions rules, including structuring physician and executive compensation arrangements. He prepares exemption applications and obtains exemption determinations and private letter rulings from the Internal Revenue Service (IRS). He also provides tax planning and counseling services at the state and local level on state income or franchise tax exemptions, sales and use tax exemptions, and other issues, including disclosure of director and officer interests and transactions on the new Form 990.
Tax Audits
Mr. DePerno assists exempt organizations in tax audits and examinations, including Team Examination Program audits and special focus audits, such as Executive Compensation audits and audits of private use of tax-exempt bond proceeds. His representation includes advice on strategies for the defense of audits, dealings with examining agents, obtaining technical advice from IRS headquarters, and representing clients in the administrative appellate process and in litigation. Mr. DePerno has represented nonprofit organizations on a wide range of matters, including proposed revocations of tax-exempt status, proposed terminations or changes of public charity status, issues related to operating affiliated organizations as private foundations and unrelated business income tax issues. Mr. DePerno provides similar services at the state and local levels.
Tax Litigation
Exempt organizations are on occasion involved in tax litigation. The dispute may involve a proposed denial of an application for recognition of tax exemption for a new organization, or a proposed revocation of tax-exempt status for an existing organization. Tax litigation may also involve challenging a proposed IRS assessment for unrelated business income, employment or excise taxes. Mr. DePerno has extensive litigation experience in federal courts, including the U.S. Tax Court, the US Court of Federal Claims, US district courts, and US court of appeal
Property Tax Exemption
State and local governments are focusing more on whether the property, plants and equipment of nonprofit organizations should be exempt from state and local property taxes. Mr. DePerno represents organizations across the United States in obtaining property tax exemptions, and defend clients when property tax exemptions are threatened. Mr. DePerno assists nonprofit organizations in administrative and judicial appeals related to their property tax-exempt status.