Education

University of Virginia School of Law, J.D.

Georgetown University Law Center, LL.M., with honors, Taxation

Yale Divinity School, M.A.R.

Santa Clara University, B.A., magna cum laude

Bar Admissions

District of Columbia

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Kathleen Nilles

Partner
Washington, D.C.
t: 202-457-1815

Kathleen M. Nilles is a Partner in the Washington office of Holland & Knight. She focuses her practice on resolving critical tax and business organizational issues for tax-exempt and governmental entities. She also handles federal tax policy and legislative issues for a wide spectrum of organizations, companies and governmental units.

Ms. Nilles has over 20 years of experience advising Indian tribal governments and tax-exempt hospitals on tax issues. Representative projects she has handled include:

  • structuring affiliated business enterprises of nonprofit and government entities in a tax-efficient manner
  • designing various types of compensation, retirement savings and benefits programs for directors, officers, members and employees of such entities
  • securing IRS private letter rulings on the tax treatment of tribal government instrumentalities, corporations and programs as well as on a number of novel arrangements in the health care arena
  • advising hospitals and other tax-exempt organizations on a wide variety of private benefit and unrelated business issues, including in the context of joint ventures and nonprofit hospital sales and conversions
  • designing structures to facilitate effective legislative and political advocacy by tax-exempt organizations

Ms. Nilles also handles Internal Revenue Service (IRS) audits and tax controversies for tax-exempt organizations and tribal governments.

As a former Tax Counsel to the House Ways & Means Committee, Ms. Nilles is well positioned to help clients navigate key Committees of the United States Congress as well as the Treasury Department and IRS. In the legislative arena, some of her more recent accomplishments include:

  • obtaining a statutory exclusion from income for tribal government provided health care benefits
  • obtaining federal excise tax relief for medical inhalers
  • resolving a cooperative tax issue for a national hospital group purchasing organization
  • securing a special exemption from the federal unemployment tax for Indian tribal governments

Professional Honors & Awards

  • The Best Lawyers in America guide, Native American Law, 2012
  • Chambers USA – America's Leading Business Lawyers guide, Tax, 2011
  • Martindale-Hubbell AV Rated

Memberships

  • Native Americans in Philanthropy
  • District of Columbia Bar, Section of Taxation
  • National Intertribal Tax Alliance, Board of Directors

Court Admissions

  • U.S. Tax Court

Speaking Engagements

  • "IRS Audits and Tribal Government Programs and Pending Federal Tax Issues: Economic Impact on Tribes," California Association of Tribal Governments, Council Fire at Thunder Valley, October 25-26, 2011
  • "IRS Audits and Tribal Government Programs," National Indian Gaming Association, Mid-Year Membership Meeting, October 17-18, 2011
  • "Defining a Strategy for Tribal Taxation," Native American Finance Officers Association (NAFOA), Fall Conference, October 12-13, 2011
  • "Strategies & Issues in State Taxation and IRS Update," National Intertribal Tax Alliance Conference, September 19-21, 2011
  • "Tribal Business Formation: Legal and Structural Options," U.S. Department of Energy, Tribal Renewable Energy Business Development and Financing Conference, August 23-25, 2011
  • "Governance Issued in the Implementation of the Patient Protection Act and the Indian Health Care Improvement Act," 2010 Annual Conference of the National Congress of American Indians (NCAI), November 16, 2010
  • "Health Care Reform: Opportunities and Challenges for Indian Tribes," Native American Finance Officers Association (NAFOA) Annual Conference, November 14-19, 2010
  • "Defending and Resolving Tax Audits" and "IRS Update," National Intertribal Tax Alliance, 2010 Tax Conference, September 19-21, 2010
  • "Health Care Reform Legislation: What Does It Mean for Exempt Organizations?," District of Columbia Bar Taxation Section/Exempt Organizations Committee, April 28, 2010
  • VHA Public Policy WebConference, (presented with Michael Regier), April 23, 2010
  • "From the Ground Up: How to Start a Tribal Foundation," Native American Finance Officers Association (NAFOA), March 16-17, 2010
  • "Tribal Finance Options in the Stimulus," (presented with John Dossett), National Congress of American Indians (NCAI) Webinar, March 18, 2009
  • "Best Tribal Codes, Structures & Practices," (presented with Karen Atkinson), Annual Reservation Economic Summit & American Indian Business Trade Fair, March 11, 2009
  • "The IRS in Indian Country," Native American Finance Officers Association (NAFOA), February 10, 2009
  • "IRS Audits: Protecting Your Tribe's Revenue Allocation Plan," Western Indian Gaming Conference, January 15, 2009
  • "IRS Audits of Tribal Programs," California Nations Indian Gaming Association, December 4, 2008
  • "Structuring Tribal Business Enterprises and Joint Ventures," U.S. Department of Energy, Tribal Energy Program, November 19, 2008
  • "IRS Audits: How to Anticipate Issues and Minimize Liabilities," (presented with Christie J. Jacobs and Wendy S. Pearson), National Intertribal Tax Alliance, October 15-17, 2008
  • Navigating the New Form 990 and Schedule H, VHA Central Community Benefit Workshop, (presented with Michael Regier, VHA Inc.), May 15, 2008
  • "Choosing the Structure for Tribal 8(a) Enterprises," Native American Contractors Association, January 15, 2008
  • "Pension Reform Issues in Indian Country," Washington State Bar Association, May 4, 2007

Published Articles & Books