Session 1: Organized Exclusively for Charitable Purposes: Nonprofit Formation and Formalities from an Accounting and Legal Point of View - This session focuses on start-up considerations, federal and state laws; choice of entity; articles of incorporation and bylaws; and applying for tax exemption. It provides insight on how different legal structures will impact financial statements and metrics.
Session 2: Operated Exclusively for Charitable Purposes: Compliance and Operational Considerations and Structuring - This session focuses on the operating and compliance aspects of maintaining 501(c)(3) status, with a focus on permissible and impermissible activities.
Session 3: Reporting Obligations for Section 501(c)(3) Organizations - Explore compliance requirements for charitable organizations with IRC section 501(c)(3) status. Provide a framework for the reporting obligations at the federal and state levels. The federal reporting discussion will concentrate on the key reporting items of the Form 990 and when other forms may be required. Discuss the high-level requirements for state registrations for nonprofits, charitable trusts and charitable solicitations.
Session 4: IRS and AG Oversight - This session focuses on federal and state oversight and regulation of tax-exempts, regulatory powers and authority, and enforcement issues.
Session 5: IRS Audits - An IRS audit won’t happen to my organization, you say—until it does. Audit preparedness should be at the center of any good compliance regime for a Section 501(c)(3) public charity or private foundation, whether you’re audited this year or in 2030. Review the basics of an IRS audit and gain practical advice on preparing for, understanding, managing, and ultimately surviving the audit process.
Session 6: Governance in a Time of Crisis - This panel will cover both proactive steps to prepare an organization for crisis and practical guidance for navigating through a crisis. Topics will include fiduciary issues, the tools available to allow board members and officers to exercise their fiduciary duties, the role of the board and management during a crisis, and challenging decisions involving funding and endowment management.
Session 7: Charitability and Section 1981 - Understand the legal guardrails for grants and PRIs that – in an effort to advance diversity and inclusion – prioritize or limit eligibility on the basis of race or other protected characteristics. Discuss the pros and cons of race-exclusive grantmaking and PRIs, as well as ways to mitigate the risk of a claim under anti-discrimination laws when making race-conscious grant and investment decisions.
Session 8: Navigating Self-Dealing and Conflicts of Interest in an Increasingly Interconnected Environment - Gain tools and ideas to avoid self-dealing penalties for private foundations. The code provision has some flexibility and exceptions for compensation, co-investing, and family offices, but once an impermissible deal occurs, the cash or property involved must be returned and the penalty cannot be abated. Reasonable cause concepts don’t apply!
Session 9: Professional Opinions and Tax-Exempt Organizations - There are different types and reasons for opinions: comfort (e.g., it’s exempt from UBIT, it’s a program-related investment), contractual condition (e.g., required for a bond offering), escape hatch (e.g., right to terminate joint venture if counsel opines that tax-exempt status is at risk), proper tax reporting (e.g., 990 and 1023EZ), and, the one our clients are often most concerned with, penalty protection (e.g., reliance on a reasoned written legal opinion of counsel – IRC 4941, 4944, 4945, 4958). Address the legal, ethical, comical and practical considerations involved in assessing the need for an opinion, how to arrive at any given “comfort level,” and how much (or little) it takes for a written legal opinion to be “reasoned.”
Session 10: Advocacy, Activism, and Equity - Discuss issues confronted by public charities and their private foundation donors in supporting social movements and advocacy. Topics will include grantmaking related to racial justice and DEI efforts; advocacy and activism vs. lobbying and civil disobedience; and political activity, particularly in connection with 501(c)(3)/501(c)(4) coalitions.
Session 11: UBTI Therapy Session: Practical Approaches to Tax Reform and UBTI Compliance - UBIT compliance has become much more challenging post-tax reform. Focus on practical methods of addressing those challenges, including obtaining expenses and gathering other data associated with employee parking, separating UBTI into silos, and finding offsets to mitigate additional UBIT.
Session 12: Cybersecurity During a Pandemic: What To Do Now To Help Protect Your Organization Against Cyberattack - Organizational cybersecurity is a significant challenge in normal times. During the pandemic, with limited resources and geographically dispersed staff, including IT and information security personnel, the challenge can feel insurmountable. Discuss the current elevated threat landscape and ways in which nonprofits can improve and bolster their defenses to cyber-attacks, despite the ongoing workplace burdens associated with COVID-19.
Session 13: Investigations in Today's Woke Workplace - A veteran workplace investigator shares critical tips for ensuring that every complaint investigation is thorough, in good faith, and reliable in the midst of the #MeToo movement, instant social media postings, and polarizing employee relations issues.