Do you have a firm grasp of the transparency and accountability standards required of tax-exempt organizations? Can you easily spot omissions or errors in their tax forms, articles of incorporation and policies? This comprehensive overview provides an orientation to the legal and tax aspects of exempt organizations. Experienced faculty will explain the nuts and bolts from incorporation to dissolution – with all the tax and compliance challenges in between. You'll have all the knowledge and tools you need to confidently advise these organizations. Order today!

1. Incorporation Process
2. Establishing Tax-Exempt Status With the IRS
3. Liability of Directors and Officers
4. Handling Contributions and Tax Deductions
5. Unrelated Business Taxable Income (UBTI)
6. Form 990: Key Compliance Points and Disclosure Considerations
7. Ethical Considerations for EO Practitioners
8. Advising on Operational Issues
9. Restructuring and Terminating Exempt Organizations: Procedures and Pitfalls

1. INCORPORATION PROCESS
   8:30 - 9:15, Philip M. Purcell
   1. Liability Associated With Unincorporated Organizations
   2. Articles of Incorporation – Key Provisions to Include
      1. Governing Body
      2. Purpose Clause
      3. Dissolution Clauses
      4. Provisions Required by IRS
      5. Other Crucial Language
   3. Bylaws – Key Provisions to Include
      1. Directors and Officers
      2. Meetings
      3. Voting
      4. Indemnification
   4. Mission Statement
   5. The Use of LLCs (and L3Cs) for Nonprofits
2. ESTABLISHING TAX-EXEMPT STATUS WITH THE IRS
   9:15 - 10:00, Philip M. Purcell
   1. Nonprofit vs. Tax Exempt
   2. Determining the Type of Tax-Exempt Organization Under the Internal Revenue Code (IRC)
   3. 501(c)(3): Publicly Supported or Private Foundation?
   4. IRS Application Process for 501(c)(3) – Form 1023
      1. The Importance of the Narrative Description of Activities
      2. Submitting the Budget: What You Need to Know
      3. Other Traps for the Unwary
      4. Retroactive Applications for Existing Organizations
   5. IRS Application Process for Other 501(c) Categories That Qualify for Exemption
   6. Required Annual or Periodic Federal/State/Local Filings
3. LIABILITY OF DIRECTORS AND OFFICERS
   10:15 - 10:45, Philip M. Purcell
   1. Fiduciary Duties and Indemnification
   2. Private Inurement/Private Benefit
   3. Excess Benefit Transactions and the “Intermediate Sanctions”
   4. Case Studies
4. HANDLING CONTRIBUTIONS AND TAX DEDUCTIONS
   10:45 - 12:00, Philip M. Purcell
   1. Types of Gifts: Advising Clients on Accepting Money and Property
   2. Handling Unanticipated Funds With “Facts and Circumstances” Test
   3. Tax Deductions and Substantiation Requirements
   4. Recent Changes and Current IRS Focus
5. UNRELATED BUSINESS TAXABLE INCOME (UBTI)
   1:00 - 1:30, Michael N. Red
   1. Defining UBTI/UBIT
   2. Tax Computation: Form 990-T or Push to Subsidiary?
   3. Exceptions, Exemptions and Traps for the Unwary
6. FORM 990: KEY COMPLIANCE POINTS AND DISCLOSURE CONSIDERATIONS
   1:30 - 2:00, Michael N. Red
   1. Governance Body and Conflicts of Interest
   2. Changes to Organizational Documents
   3. Documentation of Actions by the Board
   4. Written Policies
   5. Independent Review of Executive Compensation
   6. Disclosure Requirements
   7. Balance Sheet
   8. Using Form 990 to the Organization's Advantage
7. ETHICAL CONSIDERATIONS FOR EO PRACTITIONERS
   2:00 - 3:00, Philip M. Purcell
   1. Multiple Representation Issues: Who is the Client?
   2. Attorney-Client Confidentiality Within the Different Levels of an Organization
   3. Confidentiality vs. Disclosure to the IRS
   4. Self-Dealing Situations
   5. Excessive Compensation
   6. Direct Referrals From Board
   7. When the Attorney Must Resign
8. ADVISING ON OPERATIONAL ISSUES
   3:15 - 4:00, Michael N. Red
   1. Applying Sarbanes-Oxley to Nonprofits
      1. Document Retention
      2. Whistleblower Protection
      3. Non-Mandatory but Valuable Practices Nonprofits can Adopt
   2. Strategies for Board Policy-Making
   3. Advising Directors on Mission “Drift”
   4. Investment Considerations
   5. Solicitation and Fundraising Activities
   6. Lobbying and Political Campaign Activities
9. RESTRUCTURING AND TERMINATING EXEMPT ORGANIZATIONS: PROCEDURES AND PITFALLS
   4:00 - 4:30, Michael N. Red
   1. Structuring Alliances and Networks
   2. Merging or Consolidating With Another Tax-Exempt Organization
   3. Dissolving a Tax-Exempt Organization: Steps, Forms and Filings Required
   4. Distribution or Transfer of Assets
   5. Insolvency Strategies

PHILIP M. PURCELL currently serves as vice president for planned giving and endowment stewardship at Ball State University Foundation. Formerly, he served as director of gift planning for the Central Indiana Community Foundation in Indianapolis, where he created and directed the Planned Giving Resource Center, serving area charitable organizations. Mr. Purcell currently serves as a volunteer on the Tax Exempt Organization Advisory Council for the Internal Revenue Service (Great Lakes States region). He teaches courses on law and philanthropy, nonprofit organization law and planned giving as adjunct faculty for the Indiana University School of Law and Indiana University Center on philanthropy and fundraising school. Mr. Purcell serves as a member of the Board of Directors for the National Committee on Planned Giving, Association of Fundraising Professionals Indiana Chapter and the Central Indiana Land Trust Advisory Board. He has written articles on charitable gift and estate planning, which have appeared in The Journal of Gift Planning, Planned Giving Today, CASE Currents, Planned Giving Design Center and other publications. Mr. Purcell has consulted on behalf of all types of charitable organizations, including the Lilly Endowment's GIFT program, serving community foundations throughout Indiana. His consulting has focused on philanthropy (e.g., fundraising, planned giving) and nonprofit governance (e.g., strategic planning, nonprofit governance). Mr. Purcell has spoken on topics related to nonprofit governance and philanthropy before the National Conference on Planned Giving, the Council for Advancement and Support of Education, the American Council on Gift Annuities, the United Way of Central Indiana Nonprofit Training Center, the Indiana Grantmakers Alliance annual conference, the Indiana Continuing Legal Education Forum and the Indiana CPA Society. He earned his B.A. degree, magna cum laude, from Wabash College and his J.D. and M.P.A. degrees, with honors, from Indiana University.

MICHAEL N. RED is a member of the law firm of Fleming Stage, LLC, where his practice focuses on matters relating to tax-exempt and nonprofit organizations. He assists large tax-exempt organizations including hospitals and universities with corporate formation, re-structuring, application for tax-exempt status and nonprofit and tax-exempt compliance. Mr. Red regularly counsels organizations that are organized and operated for tax-exempt purposes, including religion, education, arts, health care, senior living, youth sports, economic development, environmental and historical conservation, public assistance and affordable housing. In addition to his nonprofit corporate practice, he counsels public charities and private foundations with respect to charitable giving and fundraising issues, including state registration requirements, charitable contribution deduction issues, gift substantiation and acknowledgment, quid pro quo contributions, commercial co-venturing, and related federal and state reporting requirements. Furthermore, Mr. Red counsels individuals and organizations with respect to general federal, state and local tax issues and also represents clients with respect to general civil litigation matters. Mr. Red has served as a regional director for the American Heart Association in Central Indiana and as a director of development for Indiana University's School of Health, Physical Education and Recreation. Mr. Red earned his B.S. degree from Indiana University - Bloomington and his J.D. degree from Indiana University Maurer School of Law.

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