ARTICLE
13 October 2017

DPH Releases Nonprofit Conversion Guidance

FH
Foley Hoag LLP

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The Department of Public Health this week released guidance that paves the way for RMDs, which prior to the new legislation adopted this summer had to be organized as not-for-profit corporations...
United States Corporate/Commercial Law

The green light from DPH is a blessing for RMDs who, by virtue of the nonprofit requirement, were forced to adopt complex corporate structures. The Guidance can be found here.

For many RMDs, the conversion will not be as simple as filling out paperwork with DPH and the Secretary of the Commonwealth.  In addition to choosing the right for-profit structure, there may be a number of unanticipated tax consequences depending on the chosen structure for conversion.  For instance, the issuance of shares upon becoming a for-profit entity can be a taxable event.  Much to consider.  It's a good legal development, but not necessarily an easy one.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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