Nonprofit Real Estate - Special Aspects Including Ownership, Transfer, Property Tax Exemption, and Third-Party Facility Usage | Illinois Institute for Continuing Legal Education

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Description

March 9, 2023
Special Aspects to Nonprofit Real Estate – Including Ownership, Transfer, Property Tax Exemption, and Third-Party Facility Usage
How are nonprofit real estate transactions similar to but different from commercial transactions? To what extent may property tax exemption be available? This session addresses buying, selling, or donating real estate within the nonprofit context, including corporate authorization required for such transaction, potential conflict of interest implications, and related tax and risk management aspects. Additionally, this session will explain legal qualification for religious, educational, and charitable property tax exemption – particularly how it differs from Section 501(c)(3) tax-exempt status, why all the details really matter, and how best to show that fee revenues do not violate the “view to profit” disqualification. Learn how to best structure facility usage arrangements in requisite non-commercial ways, to maximally protect property tax exemption.
Sally Wagenmaker, Wagenmaker & Oberly, LLC, Chicago

Contributors

Sally Wagenmaker

Wagenmaker & Oberly, LLC

Sally Wagenmaker, Wagenmaker & Oberly, LLC, provides legal counsel in corporate, tax, employment, and real estate matters for nonprofit, tax-exempt clients, including public charities, private foundations, and trade associations operating on local, national, and international levels. Her clients include churches and other religious organizations, social service providers, and schools. Through her legal work, she strives to fulfill the firm’s values of trustworthiness, cost-efficiency, creative collaboration, mutual respect, and community engagement.

Sally’s corporate and tax work includes development of new tax-exempt entities, resolving IRS disputes, counseling clients on the responsibilities of board members, providing guidance for effective nonprofit governance within the current legal climate, and other operational legal issues. In addition, she represents clients in property tax exemption matters for charitable, religious, and educational purposes, shared occupancy arrangements, and property transfers. Sally also regularly advises and counsels the firm’s nonprofit clients on employment matters including contracts, termination, employment policies, tax, unemployment insurance, discrimination issues, and compliance with other employment laws, particularly as they relate to nonprofit issues such as volunteers and clergy.

Prior to practicing law with Wagenmaker & Oberly, Sally was a partner with Mosher & Wagenmaker and worked previously for other law firms. In addition, she worked as a solo practitioner, providing legal assistance to indigent and low-income clients primarily in Chicago’s west side neighborhood of North Lawndale. Upon finishing law school, she clerked for United States District Judge William C. O’Kelley of the Northern District of Georgia. Sally is a graduate of Emory University School of Law and the University of Mississippi. Sally is thankful for her husband Dan and two young adult children, who remind her continually that we are each valuable beyond measure.

Sally has served as President of the Christian Legal Society and as a director of the Christian Legal Society’s Chicago chapter. Both professionally and personally, Sally has worked and volunteered with numerous community organizations in the Chicago area, including the Legal Assistance Foundation of Chicago, the Cabrini-Green Legal Aid Clinic, and the Lawndale Christian Health Center. She has also served as a volunteer mediator with the Center for Conflict Resolution, a state-funded Chicago organization that provides court-referred and other mediation services.