Rob Munnelly, Courtney Simmons and Richard Hindlian

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

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Publications

January 31, 2024

Massachusetts Taxation and DOR Practice Guide

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Publications

January 31, 2024

Adult-Use Cannabis Licensing (MA)

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Speaking Engagements

January 18, 2024

Business Immigration Fundamentals

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Firm Announcements

December 19, 2023

Davis Malm Attorneys Serve as Contributing Authors for ILN’s 2023 Edition of “Establishing a Business Entity: An International Guide”

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Speaking Engagements

December 11, 2023

2023 Massachusetts State Tax Update

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Alerts

December 5, 2023

Be Prepared as the Corporate Transparency Act (CTA) Takes Effect January 1, 2024

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Alerts

November 29, 2023

Highlights of the New Massachusetts Rules Implementing the Cannabis Act

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Publications

November 1, 2023

Massachusetts State and Local Tax Update – Third Quarter 2023

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Speaking Engagements

October 26, 2023

Forming a Company

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