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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Alerts

April 6, 2020

Tax Relief Provisions Under the CARES Act

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Publications

April 6, 2020

Mass. Cannabis Attys Fear ‘Disaster’ As Gov. Closes Shops

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Alerts

March 27, 2020

Tax Credits Offered to Employers Under the Families First Coronavirus Response Act

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Publications

February 24, 2020

Massachusetts Cannabis Law Resource and Information Guide

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Speaking Engagements

February 21, 2020

Navigating the Legal, Regulatory, and Compliance Maze

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Alerts

February 10, 2020

Massachusetts House of Representatives Passes an Act Relative to Host Community Agreements

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Publications

November 26, 2019

Davis Malm Attorneys Serve As Contributing Authors for ILN’s 2019 Edition of “Establishing a Business Entity: An International Guide”

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Firm Announcements

November 21, 2019

Davis Malm Adds New Associate to Business Litigation and Employment Practices

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Publications

November 18, 2019

Mass. Cannabis Industry Welcomes Feds’ Regulatory Probe

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