Areas of Legal Practice

Shifman & Carlson, P.C. has a reputation of providing quality representation and effective legal counsel in estate planning, real estate, and business law.

Farmington Hills Attorney For Nonprofits & Charities

Religious organizations, community foundations, professional fundraisers, volunteers and other nonprofit and charitable organizations play an important role in our society. Shifman & Carlson, P.C. has many years of experience representing nonprofits and charities.

Non-profit organizations have specialized needs that many business attorneys are not necessarily well-versed in.  Our firm will help guide you through the process so that you can achieve your mission and stay compliant with the law.  Often, charitable organizations can achieve tax-exempt status through section 501(c)3 of the Internal Revenue Code. However, when to achieve this status an attorney must be familiar with special rules concerning private inurement, private benefit and the public support test, just to name a few. Legal and tax implications also change depending on whether the entity is a political organization, private foundation, or a religious entity.

When starting a non-profit, we often assist our clients with issues related to formation such as:

  •       Evaluation of the costs and benefits of various types of nonprofits/charitable organizations
  •       Organizational document creation (Articles of Incorporation, bylaws, policies, etc.)
  •       Qualifying as a charitable organization
  •       Filing with the IRS for exempt status recognition (Form 1023)

However, legal issues do not stop with formation. A nonprofit will still face continual compliance with applicable federal and state laws and regulations, as well as the many legal challenges facing every small business. We have the experience to guide your nonprofit or charitable organization through the legal morass, helping you to be able to focus on what you really want to do: achieving the beneficial goals of your nonprofit or charity.

Non-Profit Registration and Maintenance

Registration is a fundamental step in starting a charitable origination. The process intersects with both state and federal law. In Michigan, many non-profits do not realize that they are required to register with the Michigan Attorney General. The Michigan Supervision of Trustees for Charitable Purposes Act gives the Office of the Michigan Attorney General the authority to supervise charitable organizations in the state and requires registration of nonprofits. Non-profits may also be required to register with under The Charitable Organizations and Solicitations Act. We have successfully assisted our non-profit clients come into compliance with these laws.

Our attorneys help many nonprofits and charities with the entire registration process that can include initial registration, first time filing of a new organization, annual renewals with LARA, charitable solicitation registration, audits, financial reports, document disclosure, corporate maintenance, record retention and disposal, and dissolution.

Charities and nonprofits must continuously pay attention to maintaining their status as there are specific laws at the state and federal levels that these organizations must comply with in order to maintain their status. Exempt status can affect the areas of sales tax, property tax, employment tax and more. There are annual submissions for exempt status (Form 990) and other important types of record keeping as dictated by applicable laws. Making sure your non-profit complies with these laws can protect the exempt status and help avoid problems in the future.

  • Serving MI Since 1963 – 100+ Years of Combined Experience

  • Top Rating For Ethics & Legal Ability (AV® Rating)

  • Selected for Inclusion in DBusiness Top Lawyers

  • Two Office Locations: Farmington Hills & Grand Rapids

  • Representing Individuals, Businesses, Municipalities & Schools

We proudly serve clients in Wayne County, Oakland County and Macomb County

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Contact Our Farmington Hills Attorney at Shifman & Carlson, P.C. Today!