Can this firm help form a private foundation or public charity in Florida?

Yes. The Boca Raton firm advises on selecting the most appropriate entity type, forms private foundations, public charities, and other tax-exempt organizations, and guides clients through the IRS exemption application process.

How can a charitable remainder trust reduce estate and income taxes?

A charitable remainder trust allows a donor to transfer assets into trust, receive an income stream for a term of years or life, claim a partial charitable income tax deduction at funding, and ultimately pass the remainder to a designated charity, often reducing capital gains, income, and estate tax exposure.

Charitable Legal Matters | Boca Raton

Q: What charitable gift planning services does Gutter Chaves Josepher Rubin Forman Fleisher Miller P.A. provide?

The firm assists with charitable deduction planning for income, gift, and estate taxes, donor advised fund agreements, charitable remainder trusts, charitable lead trusts, other charitable trust structures, and naming rights issues tied to major gifts.

Q: What ongoing compliance issues does the firm handle for tax-exempt organizations?

Attorneys review entity activities for excise tax and intermediate sanction exposure, monitor annual distribution and operational requirements, and help establish compliant gifting and fundraising programs and donor or entity agreements.

Charitable Matters

Charitable Gifting And Tax Planning

In this area of practice, we assist taxpayers with charitable gifting and tax issues, including:

+ Deduction availability and limitations, and planning to maximize deductions for income, gift and estate taxes through proper selection of gift property and timing of gifts
+ Donor advised fund agreements
+ Charitable remainder trusts
+ Charitable lead trusts
+ Other charitable trusts
+ Naming rights issues

Tax Exempt Organizations And Foundations

In this area of practice, we assist taxpayers with:

+ Determining the most appropriate type of organization
+ Formation of private foundations, public charities, and other charitable organizations
+ Guidance and review of entity activities
+ Excise tax and intermediate sanction issues and other limits on entity and donor activities, including review of annual distribution and operational requirements
+ Establishment of gifting and fundraising programs
+ Assistance with exemption application process
+ Donor/entity agreements

Charitable Gift & Tax-Exempt Planning: Detailed Guidance for Donors and Foundations

Charitable Gifting and Tax Planning in Boca Raton

Gutter Chaves Josepher Rubin Forman Fleisher Miller P.A. represents individuals,
families, and foundations throughout Palm Beach County and South Florida on
charitable gift structuring. Common engagements include selecting gift property
and timing transfers to maximize income, gift, and estate tax deductions;
drafting donor advised fund agreements; establishing charitable remainder
trusts and charitable lead trusts; and negotiating naming rights provisions
tied to capital campaign gifts.

Forming and Operating Tax-Exempt Organizations

For clients establishing a new charitable entity, the firm advises on whether
a private foundation, public charity, or alternative structure best fits the
donor’s goals, prepares formation documents, and guides the organization
through the IRS Form 1023 exemption application process. Once formed,
attorneys assist with the ongoing operational requirements that keep an
exempt organization in good standing, including annual distribution
requirements for private foundations, excise tax exposure, and intermediate
sanctions rules governing transactions with insiders.

Who This Practice Serves

Donors making significant lifetime or testamentary charitable gifts, family
foundations, public charities, religious and educational institutions, and
nonprofit boards seeking Florida-based tax counsel for formation, compliance,
or gift structuring questions.

Contact the firm to discuss a
specific charitable gift, foundation formation, or exempt organization
compliance matter, or call
561.998.7847.

Recent News

15 May 2023

Jenna Rubin presents at ABA National Symposium

On May 12, 2023, Jenna Rubin presented at the 35th Annual Real Property Trust and Estate Law Section of the American Bar Association’s National CLE Conference in Washington DC. She took part in a panel discussion on “Black Tie Optional: The Eroding Formalities to Creating a Valid Will.”

24 Feb 2022

Article by Charles and Jenna Rubin featured on cover of Florida Bar Journal

An article written by Charles Rubin and Jenna Rubin is featured on the cover of this month’s Florida Bar Journal and can be found here.

27 Dec 2021

Jenna Rubin appointed to ACTEC Fiduciary Litigation Committee

Gutter Chaves is pleased to announce that Jenna G. Rubin has been appointed to the Fiduciary Litigation Committee of the American College of Trust and Estate Counsel (ACTEC) for the 2022-2023 year.

14 Dec 2021

FBAR Case Reversed – Nonwillful Filing Penalties Based on Number of Accounts Not Reported

Back in 2000, I wrote here about a case where a taxpayer did not report multiple foreign accounts on an FBAR. The question for the court was whether the $10,000 penalty for a nonwillful failure to file meant $10,000 per return not filed, or $10,000 per account not reported on the return. For . . .

22 Nov 2021

Of Spousal Gifts and the Substance Over Form Doctrine

U.S. spouses each have a unified credit that allows for substantial gifting to third parties without requiring the payment of gift tax. What happens if one spouse has assets to be gifted away, but that spouse does not have sufficient remaining unified credit exemption to cover the gift and wants to use the exemption of the other spouse?

At times, the spouses can agree to split the gift for gift tax purposes, which treats 1/2 the gift as coming from each spouse. This allows the unified credit of the spouse not making the gift to be used to avoid gift tax on the 1/2 that such spouse is treated as making. However, it can be an imperfect solution if the spouse with the assets does not have enough unified credit to offset his or her 1/2 of the gift.

Oftentimes, the parties may contemplate having the party with the assets transfer them by gift to the other spouse (a tax-free gift under the gift tax marital deduction), and then the receiving spouse makes a gift to the third party applying his or her own unified credit. The question in these circumstances is whether the IRS will respect the transaction and allow the receiving spouse’s unified credit to be applied to the gift to the third party, or whether it would seek to apply the “substance over form” doctrine to treat the gift as coming from the spouse who transferred the assets to the other spouse and does not have enough unified credit to fully cover the gift.

This is not a black and white issue. On one end of the spectrum. . .

Charitable Matters

tax, estate planning, probate, trust & guardianship law and litigation, and related commercial matters