Charitable planning can play an integral role in a client’s overall estate plan. Whether a client is primarily motivated by potential tax savings or has purely philanthropic goals, Jackson Walker’s Trusts & Estates attorneys can assist in the development of a sophisticated strategy that will fulfill the client’s charitable objectives while leveraging and maximizing the tax benefits. We also offer clients comprehensive advice on the planning, organizational compliance, governance, and tax issues relating to tax-exempt organizations so that the organization may operate successfully in the increasingly complicated, regulated, and competitive environment facing such organizations today.
Our attorneys assist with the administration of existing and newly-created charitable structures, including preparing and filing the applicable federal and state tax exemption documents and advising on the administration of the organization as well as the maintenance of proper books, records, and documentation necessary to maintain tax-exempt status. Because a charitable plan must endure for many years, we provide continuing guidance to officers, directors, and trustees regarding the operation and management of the organization. Seasoned attorneys from several practice groups advise on both tax and non-tax issues, including board structuring and education, fund-raising policies and procedures, corporate governance, labor and employment matters, general business and finance, real estate, strategic planning, general litigation, and employee benefits. We work with public charities, private foundations, trade associations, educational institutions, churches, and political organizations – just to name a few – to ensure efficient, compliant, and risk-minimizing operations in service of each entity’s mission.
We also assist clients in identifying and selecting permissible U.S. and non-U.S. charities to which charitable grants might be made and then ensure the proper documentation is in place. We advise trustees and foundation managers regarding gift restrictions and gift acceptance policies, as well as the compliance and operational issues that can arise under the Uniform Prudent Investor Act and the prohibited transactions and excise tax rules.