March 2019
Intermediate to advanced
928 pages
35h 55m
English
Content preview from The Law of Tax-Exempt Organizations, 12th Edition
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CHAPTER THIRTY-TWOTax-Exempt Organizations: Other Operations and Restructuring
- § 32.1 Mergers
- § 32.2 Reorganizations
- § 32.3 Multiple-Member Limited Liability Companies
- § 32.4 Single-Member Limited Liability Companies
- § 32.5 Choice of Entity Considerations
- § 32.6 Conversion from Exempt to Nonexempt Status
- § 32.7 Conversion from Nonexempt to Exempt Status
- § 32.8 Conversion from One Exempt Status to Another
The establishment of tax-exempt organizations, and interrelationships between exempt and other organizations, entails a variety of organizational and operational considerations.
§ 32.1 MERGERS
Notwithstanding the variety of in-tandem arrangements involving tax-exempt organizations, occasionally two or more of these organizations are merged. Likewise, on occasion, two or more unrelated exempt organizations merge. With one exception, there is not any statutory law on the point.1
When a merger of this nature occurs, often the organizations involved have the same tax-exempt status. Usually the two organizations in this type of a merger are public charitable organizations.2 The rationale for these mergers varies. In one instance, the merger served to change the state of incorporation.3 In another, the merger was intended to reduce the administrative burdens of operating two or more organizations.4 In still another, the merger was undertaken to eliminate what had become a superfluous ...
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