San Francisco Phone +1.415.442.1110 Fax +1.415.442.1001
One Market, Spear Street Tower, 28th Floor//San Francisco, CA 94105-1596//United States
Washington, DC Phone +1.202.739.5571 Fax +1.202.739.3001
1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States
Kimberly Eney advises tax-exempt organizations on the tax and corporate laws integral to advancing their missions. Her clients include major private foundations, family foundations, civil rights organizations, media and sports organizations, museums and cultural associations, economic and workforce development organizations, colleges and universities, hospitals, scientiﬁc and medical research organizations, social welfare organizations, business leagues and trade associations, churches and religious organizations, and many other types of special-purpose organizations. Kim is admitted in the District of Columbia and New York only, and her legal services are limited to federal matters before US agencies, including matters impacting federal tax-exempt organizations.
Kim works on a variety of matters for clients. She spends signiﬁcant time helping private foundations navigate the Chapter 42 excise tax regime applicable to their grant-making, investments, and operations, including the rules on self-dealing, taxable expenditures, excess business holdings, and qualifying distributions. She reviews and advises on complex grant agreements and transactions, and she works with clients on structuring and maintaining impact investing programs, including program-related investments (PRIs) and mission-related investments (MRIs).
Kim also advises executive teams and boards on the development of good governance practices, including the grants review and approval process, revisions to governing documents and policies, the management of complicated conﬂict-of-interest matters, and the resolution of board disputes.
Additional areas of focus involve unrelated business income tax implications, lobbying and political activity restrictions, intermediate sanctions rules and compensation-related issues, public charity classiﬁcation and the public support test, applications for tax exemption and fiscal sponsorship considerations, donor-advised funds and supporting organizations, private operating foundations, joint ventures and partnerships, relationships with aﬃliated entities and disqualiﬁed persons, Form 990 ﬁling issues, and state nonproﬁt corporation laws.
Kim’s practice has evolved from a long-standing commitment to the nonproﬁt sector. Before attending law school, Kim worked at a boutique consulting ﬁrm, where she advised tax-exempt organizations on communications, public relations, and public policy strategies. During law school, Kim was a fellow at the National Center on Philanthropy and the Law and spent over a decade at Morgan Lewis advising tax-exempt organizations immediately following graduation. She returned to the firm after serving as vice president, legal, at the Fidelity Foundations, where she was a member of the executive team and advised the foundations on a variety of legal matters.
Recommended, Industry focus: Sport, The Legal 500 US (2022)
Recommended, Tax: Not-for-profit (nonprofit and tax exempt organizations), The Legal 500 US (2022)
Vice Chair–Law Development, American Bar Association, Section of Taxation, Exempt Organizations Committee
Member, Board of Advisors, National Center on Philanthropy and the Law
Member, Practice Group of the Year, Law360 (2017)
Vice Chair, DC Bar, Taxation Community (2018–2020)
Fellow, National Center on Philanthropy and the Law, New York University School of Law (2006–2007)