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.
See what’s new at Davis Malm.

View Our Business Resources

Publications

July 8, 2020

Phil Olsen Serves as Contributing Author for 2019-2020 ABA Sales & Use Tax Deskbook

Read More

Speaking Engagements

June 12, 2020

Annual Massachusetts Tax Update

Read More

Alerts

May 19, 2020

Massachusetts Businesses Get the Green Light to Open

Read More

Publications

May 13, 2020

What Financial Advisors Need to Know About Tax Relief Provisions Under the CARES Act

Read More

Publications

May 12, 2020

How Small Businesses Can Navigate Paid Sick Time and Leave Amid COVID-19

Read More

Publications

May 12, 2020

Massachusetts: Current Issues in the Legal Cannabis Industry

Read More

Publications

April 24, 2020

Mass. Ruling Clarifies Land Use Regs For Cannabis

Read More

Publications

April 17, 2020

Terms make PPP loan program ‘no brainer’ for firms, experts say

Read More

Alerts

April 6, 2020

Tax Relief Provisions Under the CARES Act

Read More
Contact Us

Need Business Counsel?

Get in touch
Scroll to Top