photo of Rob Munnelly and Courtney Simmons in discussion

We counsel on:

  • entity creation, including applying for federal tax-exempt status and securing local tax exemptions
  • regulatory compliance, especially as mandated by the Sarbanes-Oxley Act of 2002
  • corporate governance
  • fundraising
  • grant-making
  • employee benefits
  • “unrelated” activities issues, and planning for and reporting unrelated business taxable income (UBTI)
Results

Outcomes we can be proud of.

  • Using the Dover Amendment, which exempts religious and educational nonprofit organizations from certain zoning restrictions, counseled a local church facing neighborhood claims of zoning prohibitions in its efforts to build a new building.
  • In a local permitting matter, successfully represented a national religious and teaching organization that encountered organized neighborhood opposition.
  • Obtained a “public charity” designation for several nonprofit clients.
  • Assisted a private school in the “change of use” of its building, financed with tax-exempt bonds.
  • Assisted a nonprofit temple in expatriating funds for its foreign mission.
  • Helped a church maintain its tax-exempt status and property tax exemptions during the relocation of its main facility.
  • Assisted a religious association in the tax-free sale of its temple building.
  • Advised a nonprofit social club on how to receive a large donation for capital improvements to its clubhouse while avoiding any tax or loss of its tax-exempt status.
  • Participated as counsel in over 400 tax-exempt bond issues by the Massachusetts Development Finance Agency (MDFA) to finance and refinance nonprofit organizations, including schools, colleges, human services providers, nursing homes, museums, YMCAs, affordable housing and others. The total principal amount of these bonds exceeds $1.5 billion.
  • Negotiated the purchase by a nonprofit corporation of a Montessori school scheduled for closing by the Archdiocese of Boston, and the relocation and reconstruction of the school financed with tax-exempt bonds.
  • Rescued a nonprofit pre-school closed by court order for an alleged zoning violation by reorganizing the school as a nonprofit corporation subject to the Dover Amendment. Attorney fees were awarded to the school by the Appeals Court. 

 

RESOURCES

Happenings, headlines and insights.
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Publications

November 2, 2020

Tax-Exempt Entity Retirement Plans and the Tax Consequences of Noncompliance

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Firm Announcements

October 23, 2020

Davis Malm Adds Immigration Attorney Allison Ahern Fillo to Business Law Practice

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Publications

October 20, 2020

Important Changes on the Way for Massachusetts Cannabis Delivery Licenses

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Publications

October 15, 2020

Massachusetts Publishes Proposed Regulations to Establish Delivery License

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Alerts

October 8, 2020

Tax-Exempt Entity 457(b) Plans & the Tax Consequences of Noncompliance

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Alerts

October 2, 2020

Cannabis Control Commission Publishes Proposed Regulations to Establish Wholesale Delivery License

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Publications

August 28, 2020

How Businesses Can Reopen in Compliance With the ADA

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Publications

August 25, 2020

Massachusetts Travels the Long and Winding Road to Social Equity in Cannabis

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Publications

August 13, 2020

New Guidance for Tax-Exempt Organizations: Proposed IRC 4960 Regulations

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