Andras Kosaras represents domestic and international tax-exempt organizations on a broad range of regulatory, transactional and operational matters, including structuring domestic and international programs, grantmaking, and business ventures. He also represents individuals and corporate donors on charitable giving.
He advises exempt organizations on executive compensation, private foundation rules, unrelated business income tax, mergers, joint ventures and the establishment of for-profit subsidiaries, as well as on managing investments and endowments, including mission- and program-related investments. He also advises exempt organizations involved in tax and governance controversies, including internal investigations, disputes over charitable gifts and gift restrictions, internal investigations, and examinations by the IRS and state charity regulators.
He advises a broad range of exempt organizations, including public charities, private foundations, medical research organizations, donor advised funds, supporting organizations, community foundations and fiscal sponsors.
He regularly speaks at programs for tax-exempt organizations.
Prior to joining Arnold & Porter, Mr. Kosaras was an in-house attorney at the Council on Foundations in Washington, DC, and the director of a multiyear grant project to implement the Council's program on governance and accountability practices for grantmakers. He also spent two years as a research assistant at Harvard University's Hauser Center for Nonprofit Organizations, assisting Marion R. Fremont-Smith in the completion of her book, "Governing Nonprofit Organizations: Federal and State Law and Regulation" (Harvard University Belknap Press 2004).
Tax-Exempt Organizations Representative Matters
- Public charity in establishing international operations, including compliance policies for private and government funding.
- Private foundation in an internal investigation and governance and management dispute among directors.
- Public charity in structuring and operating fiscal sponsor programs.
- Public charity, with an international affiliate, in structuring and operating impact investing programs internationally.
- Private foundation in an IRS and state attorney general audit of trustee compensation.
- Donors in connection with US$75 million gift to help fund a public hospital's critical equipment and technology for new acute care and trauma center and to develop a public health campaign.
David Biemesderfer and Andras Kosaras
"The Value of Relationships Between State Charity Regulators and Philanthropy
" (Council on Foundations and Forum of Regional Associations of Grantmakers)
"Thinking About An Audit: Read This First
" Foundation News & Commentary,
Marion R. Fremont-Smith and Andras Kosaras
"Wrongdoing by Officers and Directors of Charities: A Survey of Press Reports 1995-2002
" Exempt Organizations Tax Review,
"State Regulatory Issues: The Next Frontier of Nonprofit Oversight?
" ALI CLE's Tax Exempt Organizations: An Advanced Course, Washington, DC, November 14, 2014
"Beyond Grantmaking: Mission-and Program-Related Investments and Investments in Social Enterprise
" Trustee Education Institute: A Seminar for Family Foundation Trustees, National Center for Family Philanthropy, May 8-10, 2013
"Private Foundation International Grantmaking
" Co-Presenter, Representing and Managing Tax-Exempt Organizations, Georgetown Law CLE, April 25-26, 2013
"Foreign Corrupt Practices Act (FCPA): A Guide For Grantmakers
" Council on Foundations, March 13, 2013
"Legal Considerations in Global Grantmaking for Corporate Grantmakers
" Co-Panelist, Council on Foundations, August 23, 2012
"Legal Ethics for EO Practitioners
" Co-Presenter, Representing and Managing Tax-Exempt Organizations, Georgetown Law CLE, April 19-20, 2012 and Tax Exempt Organizations: An Advanced Course, American Law Institute - Continuing Legal Education, October 18-19, 2012
"Beyond Grantmaking: Mission-and Program-Related Investments
" Governance Essentials (Seminar for Trustees), National Center for Family Philanthropy, March 23, 2012
"Self-Dealing & Conflicts of Interest for Private Foundations
" Webinar, Association of Small Foundations, March 22, 2012
"Tools to Enhance Public Accountability: From Expanded Disclosure to Amending Tax-Exemption Requirements
" Co-Chair and Commentator, Association for Research on Nonprofit Organizations and Voluntary Action (ARNOVA), November 19, 2010
and Karen Green "Avoid Risk: Board Responsibilities for Prudent Investment and Governance
" Co-presenter, National Center for Family Philanthropy, June 11, 2009
"Fraud in the Charitable Sector: Education, Prevention, and Enforcement
" Co-presenter at conference on National Attorneys General Training & Research Institute and Columbia Law School Charities Regulation and Oversight Project (program handouts available here
), January 23, 2009
"Giving Corporate Philanthropy an Edge: Reviewing Governance and Benchmarking Effective Grantmaking
" Co-presenter, Arnold & Porter LLP Regulatory Roundtable Series, 2007
"Basics, Best Practices and Trends in Nonprofit Corporate Governance
" Co-presenter, American Bar Association, Business Law Section, 2007
"Advanced Legal Seminar: Pension Protection Act of 2006
" (with Council on Foundations Legal Services Department), Fall Conference for Community Foundations, Council on Foundations, 2006
, Marcus Owens and Hugh Jones "Form 990PF Primer - Using the 990PF for Case Development
" Annual Conference, National Association of State Charity Regulators, 2006
"Building Strong and Ethical Foundations: Rules and Practices
" Annual Conference, National Association of State Charity Regulators, 2005