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To claim CLE credit, view by: November 14, 2023
Depending on the jurisdiction in which you practice, you may or may not be able to claim credit for viewing this on demand seminar. Please check with your licensing agency for accreditation information.
Originally presented: November 15, 2021 | Course length: 6.0 hours
Whether you serve on the board of a nonprofit, have a client who is employed by or runs a nonprofit business, or are looking to increase your background in nonprofit law, this program will provide you a background to competently discuss the groundwork.
This program offers a variety of topics to get you started, including:
Presented by J. Patrick Plunkett
Larkin Hoffman Daly & Lindgren, Ltd.
Minneapolis
Pat is legal counsel for nonprofit and tax-exempt organizations with respect to a wide variety of legal matters including start-up; organizational structures; compliance with applicable laws; executive compensation; adoption and amendments of organizational documents; applying for tax-exempt status; Attorney General reviews and investigations; mergers and acquisitions; tax audits; lobbying restrictions; review and negotiation of commercial contracts and acceptance of charitable contributions.
Introduction to Nonprofits (15 MINUTES)
The terms “nonprofit” and “tax-exempt” are not synonymous even though most nonprofit organizations are, to one extent or another, “tax-exempt,” and most “tax-exempt” organizations are also “nonprofit” organizations. In addition, most jurisdictions make some degree of distinction between those nonprofit/tax-exempt organizations which provide benefits to the general public and those which provide benefits to an identified group of members. This program will provide attendees with insight into these complex subjects.
Nonprofit Organizations: Governing Statutes and Rules (60 MINUTES)
In Minnesota, a nonprofit organization can be formed as a religious organization under Minn. Stat. Chapter 315, a nonprofit corporation under Minn. Stat. Chapter 317A, or as a nonprofit LLC under Minn. Stat. Chapter 323C. Pat will discuss the applicable provisions of each of these statutes, including organizational requirements; best practices with respect to governance and management; compliance with fiduciary duties; and Attorney General oversight.
What Every Non-Specialist Needs to Know About Federal Tax-Exemption (60 MINUTES)
Section 501(c) of the Internal Revenue Code includes 29 sub-classes of tax-exempt organizations. Pat will outline the process for obtaining tax-exempt status and complying with annual filing requirements with respect to: charitable/educational/scientific/religious organizations under (c)(3), social welfare organizations under (c)(4), labor organizations under (c)(5), trade associations under (c)(6), and social clubs under (c)(7).
What Every Non-Specialist Needs to Know About Minnesota Tax-Exemption (30 MINUTES)
The IRS does not have the authority to grant an organization exemption from Minnesota taxes. Instead, exemption from Minnesota taxes (or those of another state) are governed by the laws of the applicable state. Pat will discuss the requirements and process for obtaining exemption from Minnesota income taxes, real estate taxes and sales taxes.
IRS Oversight (90 MINUTES)
A tax-exempt organization which fails to comply with applicable requirements of the Code may be subject to certain taxes and could lose its tax-exempt status. In addition, such failure may result in those persons who are in control of the organization being subject to substantial penalties. Pat will outline and discuss these requirements including the prohibition against private inurement; limitations on lobbying activities; the prohibition against political activities; and activities which may be subject to the unrelated business income tax.
Charitable Contributions (60 MINUTES)
Frequently, the primary purpose for forming a tax-exempt organization is to enable the organization to solicit and receive charitable contributions under §170 of the Code. Pat will provide an introduction to the requirements of §170. Pat will also outline the rules relating to fiscal sponsorships and donor advised funds, as well as applicable provisions of Minnesota law relating to the registration and reporting of organizations which engage in charitable solicitations.
Charitable Gaming (30 MINUTES)
In Minnesota, the proceeds from bingo, raffles and other games of chance are the lifeblood for many nonprofit tax-exempt organizations. Pat will discuss the provisions of Minnesota law and the rules of the Minnesota Gambling Control Board as they apply to charitable gaming in Minnesota.
Pro Bono/Discounted Legal Services/Helpful Resources (15 MINUTES)
Service to nonprofit/tax-exempt organizations is a tradition among Minnesota lawyers. While this service benefits the community at large, it is not without some risk to the lawyers, and perhaps even the organizations themselves. This session will address the applicable Rules of Professional Responsibility and provide attendees with a list of helpful resources available through Minnesota CLE and applicable governmental agencies.
$245
Other discounts that may apply:
Scholarships available!
Need-based scholarships are available for in-person and online seminars. For further information or to obtain a scholarship application, contact us at 800-759-8840 or customerservice@minncle.org.
Minnesota CLE is applying to the Minnesota State Board of CLE for 6.0 standard CLE credits. The maximum number of total credits attendees may claim for this program is 6.0 credits.
Depending on the jurisdiction in which you practice, you may or may not be able to claim credit for viewing this on demand seminar. Please check with your licensing agency for accreditation information.
