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J. Barclay Collins

Managing Partner, Washington, D.C. Office
Fax +1.202.778.9100

Barclay Collins is a partner in the firm’s Washington, D.C. office and a member of the Tax-Exempt Organizations/Nonprofit Institutions practice group.

He advises tax-exempt clients on a wide-range of operational and organizational matters, including establishing nonprofit and for profit affiliated entities and addressing governance, benefits, taxation (including Form 990 compliance and federal and state tax audits), fiduciary responsibilities, executive compensation and all other aspects of operating affiliated entities. He also advises on establishing and monitoring grant-making programs, negotiating gift agreements, establishing joint ventures, negotiating investment agreements and evaluating related structural issues to support charitable endeavors in the U.S. and internationally. His clients include universities, research institutes, foundations and non-governmental organizations.

Mr. Collins has assisted multi-national companies in planning with respect to U.S. operations, obtaining regulatory guidance and seeking legislative solutions for federal income and excise tax issues. He also represents clients (taxable and tax-exempt) in federal and state tax audits, including with respect to employee classification and tax-exempt bonds.

Professional Background

Prior to joining K&L Gates, Mr. Collins was a partner at an international law firm and focused his practice in the areas of tax and executive compensation and employee benefits.

Additional Information

  • Contributor, The Law of Higher Education: A Comprehensive Guide to the Legal Implications of Administrative Decision Making, 5th Edition, 2013.
  • Advised universities, trade associations and other tax-exempt organizations on exemption, unrelated business income tax and domestic and international fundraising issues.
  • Advised boards of public and private educational institutions on Presidential and other senior executive compensation and in the negotiation of employment agreements and deferred compensation benefits.
  • Advised on and formed affiliated organizations to accomplish exempt and commercial goals of tax-exempt institutions.
  • Formed and obtained exemptions for major new organizations in the fields of medical research, housing, education and government defense research.
  • Counseled tax-exempt organizations regarding the formation or acquisition of for profit activities, subsidiaries and joint ventures.
  • Advised on the public offering of taxable and tax-exempt debt securities.
  • Advised educational institutions on tax and benefits considerations relating to foreign campuses, affiliations and other activities.
  • Defended tax-exempt organizations in IRS and state audits on matters that relate to tax-exempt status, unrelated business income tax, tax-exempt bond qualification, employee classification, tax withholding and reporting compliance for employees and foreign payments.
  • Advised technology companies and educational institutions on reporting and compliance procedures for vendor and employee payments and benefits, including correction of practices as necessary.
  • Advised private foundations on grant-making, excise tax and self-dealing issues.
  • Prepared public comments seeking limitations and exceptions on foreign financial account disclosure rules for major educational institutions and their employees.
  • Advised organizations and individuals on compliance and reporting practices for foreign financial accounts.
  • Advised foreign businesses on the U.S. tax considerations of establishing operations in the United States.
  • Advised on the sale of a multi-national business by a major U.S. financial institution.
  • Provided tax advice in connection with the first effective SEC registration of public debt securities of a peer-to-peer lending site.
  • Obtained a ruling for a real estate development enterprise permitting an extension of time to file an accounting election resulting in substantial tax savings.
  • Provided tax advice relating to litigation settlements, including establishing qualified settlement funds, tax reporting and the deductibility of payments.