Nonprofit Entities: Formation, Governing, and Tax Considerations

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Course Description

This program was recorded on April 11th, 2017

The IRS has recently increased its focus on nonprofit governance and conflict of interest transactions when reviewing form 1023 and 1024. Accordingly, this presentation explains nonprofit board and officer fiduciary duties and responsibilities, with a particular focus on conflicts of interest. Many understand that conflict of interest transactions are an issue, but few realize that even conflict of interest transactions are acceptable so long as they are appropriately managed. A portion of the presentation will discuss transactions between nonprofit charities and related for-profit entities. A practitioner should walk away from this presentation with some tips and strategies for managing nonprofit conflict of interest issues and how to present them to the IRS.


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  • Peter Smith
    Peter’s practice includes corporate transactions and dispute resolution. Specifically, Peter focuses on providing enterprises with counsel and advice for a variety of issues surrounding business start-up. His experience includes advising nonprofits, for-profits and the especially interesting formation of businesses seeking to make a social impact like those operating or forming social purpose corporations. Peter’s litigation background includes complex business dispute, environmental, land use, and real estate litigation. He has represented both public and private clients in a variety of jurisdictions including federal and state courts, local administrative proceedings, local legislative hearings, and state hearings boards including the Pollution Control Hearings Board. Peter speaks and writes about a number of corporate law issues including tax-exemption, nonprofit and for-profit governance, and the legal considerations facing social entrepreneurs. Peter has donated his time by lecturing for Wayfind, a nonprofit organization that provides legal support for community based nonprofits, and advocating for low-income tenants through for the Housing Justice Project.

    Contact Peter

      • 2 General Credits
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    1. Recent IRS positions on conflicts of interest
    2. Nonprofit Director/Officer Fiduciary Duties
    3. Identifying a Conflict of Interest – the COI Policy; Establishing Committees
    4. Working with Related Parties
    5. Nonprofit Charities and Related For-profit Entities
    6. Tips and Strategies to Manage Conflicts of Interest

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