News & Analysis as of

Charitable Trusts

Winstead PC

Court Affirmed Holding That Plaintiffs Did Not Have Standing To Sue Regarding A Charitable Trust

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In Dao v. Trinh, a group of five individuals who contributed money for membership in a religious community sued the person who they alleged misapplied their money for the benefit of a different religious community. No....more

Royer Cooper Cohen Braunfeld LLC

To “B” or Not to “B” a Benefit Corporation *

As counsel for many socially-conscious businesses, perhaps the most frequent early-stage question we field from entrepreneurs is whether they should organize their business as a traditional business entity (such as a...more

Charles E. Rounds, Jr. - Suffolk University...

The trustee has brought a reformation action to reorder the equitable property rights of the trust’s beneficiaries: Spotting the...

Section 415 of the Uniform Trust Code provides that even in the absence of ambiguity the court may reform the terms of a trust to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence...more

Ward and Smith, P.A.

Death and Taxes…and Planning Opportunities

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Financial markets, political moods, and the world-at-large can take us on a roller coaster ride of ups and downs.  But savvy investors (and their estate planning counsel) know that – in the end – neither the bears nor bulls...more

Farella Braun + Martel LLP

Nonprofit Quick Tip: State Filings in Kentucky and Tennessee

Welcome to EO Radio Show - Your Nonprofit Legal Resource. Episode 78 is the 11th in a series of "Quick Tip" episodes focusing on the details of state registration of nonprofit corporations. In this episode, Cynthia Rowland...more

Cozen O'Connor

Broad Street Brief: Mayor Parker Unveils Public Safety Plan

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Mayor Cherelle Parker marked her 100th day in office by unveiling her administration’s highly anticipated comprehensive plan to enhance public safety citywide, which includes measures to increase police presence across the...more

Warner Norcross + Judd

Trusts 101, Part 3 – Trust Acronyms Explained

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Trusts serve a variety of tax, asset protection and estate planning purposes for families, and over the years different types of trusts have evolved to best serve families’ planning needs and objectives. Each type of trust...more

Charles E. Rounds, Jr. - Suffolk University...

The Case For Making Substantial Unrestricted Gifts To A Charitable Corporation Indirectly Via Assignment To An Independent...

When considering how to make a substantial gift to a charitable corporation, one should not rule out making it indirectly via assignment to an independent trustee. First, an independent trusteeship facilitates proper asset...more

Charles E. Rounds, Jr. - Suffolk University...

When the guardian ad litem “representing” the yet-to-come-into-existence beneficiaries of a trust is nonfeasant or malfeasant

Does a court-appointed GAL in a trust matter owe fiduciary duties to the parties to the trust relationship who have yet to come into existence, e.g., the settlor’s future great grandchildren (hereinafter the “non-existent...more

Dickinson Wright

Nonprofit Organizations and the Corporate Transparency Act

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Effective as of January 1, 2024, the Corporate Transparency Act (“CTA”) requires most corporations, limited liability companies, and other registered entities to report Beneficial Ownership Information (“BOI”) to the U.S....more

Clark Hill PLC

The Corporate Transparency Act's Impact On Charities and Tax-Exempt Entities

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The Corporate Transparency Act (the “CTA”) became effective on Jan. 1. The CTA’s goal is to reduce money laundering and other financial crimes by requiring the reporting of ownership and control information of businesses...more

Fox Rothschild LLP

The Corporate Transparency Act’s Effects on Nonprofits

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The Corporate Transparency Act (CTA), a new federal financial reporting law that will take effect on Jan. 1, 2024, is a hot topic in the corporate world these days. However, nonprofits also need to be aware of the law, which...more

Gray Reed

The IRS is Attacking Abusive Trust Arrangements

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Recent Government actions suggest that third-party promoters and potentially hundreds of taxpayers may be entering into abusive trust arrangements aimed at unlawfully eliminating or deferring federal income taxes....more

Patton Sullivan Brodehl LLP

California Supreme Court Sets Precedent – Unlike For-Profit Corporate Directors – Former Non-Profit Director May Maintain...

The California Supreme Court sets new precedent that unlike for-profit corporations, a former non-profit director may maintain a derivative lawsuit.  The decision increases the likelihood that decisions of boards of...more

Warner Norcross + Judd

Three Estate and Gift Tax Strategies to Consider Before Selling Your Business

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For a business owner considering the sale of their business, there are two competing goals: maximizing the proceeds from the sale and minimizing the estate and gift taxes that will be due on the owner’s enhanced estate....more

Rivkin Radler LLP

Should Closely Held Businesses Be Charitable?

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Faulty Framework? The question posed above is not intended to be rhetorical. Rather, it is one that the owners of a closely held business should consider thoroughly before transferring or committing any business assets to...more

Faegre Drinker Biddle & Reath LLP

New Hampshire Supreme Court Reaffirms UPMIFA’s Standing Requirements

On July 13, 2023, the New Hampshire Supreme Court (the Supreme Court) unanimously affirmed the denial of a third-party motion to intervene in proceedings brought under the Uniform Prudent Management of Institutional Funds Act...more

ArentFox Schiff

The Corporate Transparency Act: What Family Offices Need to Know

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Family offices routinely create, manage, and invest in multiple entities, including corporations, limited liability companies, and partnerships. For entities formed or operating in the United States, there has never been a...more

Foodman CPAs & Advisors

High Income Filers Are “Schematized” By Fraudsters

On 3/31/23, the IRS continued the release of its 2023 annual “Dirty Dozen” List – this time geared towards high income filers by presenting abusive arrangements that involve Charitable Remainder Annuity Trusts and Monetized...more

Bricker Graydon LLP

The IRS Introduces New Procedures for Nonprofits Making Miscellaneous Determination Requests

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In the midst of tax season, the IRS released Rev. Proc. 2023-12 establishing new procedures for nonprofit and tax-exempt entities making miscellaneous determination requests. As with recent procedural changes to Forms 1023,...more

Venable LLP

IRS Announces Filing Changes for Form 8940 for Miscellaneous Determination Requests

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As part of an ongoing effort to modernize its operations and reduce administrative burdens, the Internal Revenue Service (IRS) has revised and updated the Form 8940 for tax-exempt organizations, charities, and nonexempt...more

Rivkin Radler LLP

Got a Charitable Interest? Revisiting the Registration Requirements for Charitable Estates and Trusts

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Frequently, estates and trusts have charitable beneficiaries. Trusts and estates attorneys should familiarize themselves with the rules that require certain estates and trusts to register and make periodic filings with the...more

Woodruff Sawyer

Does a Personal Umbrella Policy Cover a Trustee?

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If you have been asked to serve as a trustee, you no doubt have questions about the duties and responsibilities of the role. You also should be clear on your trustee insurance coverage. Unfortunately, some confusion exists...more

Proskauer Rose LLP

Wealth Management Update - December 2022

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December 2022 Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - Federal interest rates increased quite significantly for December of 2022...more

Husch Blackwell LLP

Planning Strategies for a Low-Interest Rate Environment

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Many estate planning strategies involve leveraging low interest rates in order to transfer the appreciation of an asset to beneficiaries free from transfer taxes. Generally, these techniques enable senior family members to...more

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