Nonprofit Attorney Services

We can represent clients from across the United States on matters involving obtaining and maintaining tax exemption.  Our nonprofit clients range from nonprofit start-ups who are seeking company formation and tax exemption through larger nonprofits with multimillion dollar budgets.  As a nonprofit attorney, Jeramie J. Fortenberry has represented some of Mississippi’s largest nonprofit organizations in sophisticated business deals, using advanced planning techniques to structure nonprofit/for-profit joint ventures, affiliation arrangements, and complex real estate acquisitions.

Nonprofit Attorney Services

Company Formation. The first step towards meeting your charitable goals is forming a company. Because the IRS requires specific provisions to be in your organizational documents and requires the company to be operated in a certain manner, it is important to organize your company with these restrictions in mind.

Tax-Exempt Status & IRS Compliance. With very few exceptions, nonprofit organizations are not tax-exempt by default. The fact that you were formed as a nonprofit organization does not mean that the IRS will automatically treat you as a tax-exempt organization. In order to be recognized as a tax exempt organization, you must file an application for recognition of tax exemption (IRS Form 1023 or Form 1024) with the IRS requesting that they recognize you as exempt from income taxation.

Charitable Registration & Compliance. Nonprofit organizations are typically governed by two layers of regulation: state law and federal tax law. Most states require charities to register with the charities division of the state prior to soliciting any contributions from third parties. Periodic reporting is usually required after the initial registration.

Corporate Governance. The creation and maintenance of a well-connected, enthusiastic board of directors is often critical to the success of a nonprofit organization. These board members may or may not have experience in the somewhat arcane world of nonprofit governance. Because of the complexity of the rules governing nonprofit organizations, there are many traps for the unwary.