Board members should be aware of three key legal requirements that may impact foundation investments. Avoid jeopardizing investments The board has the legal responsibility to manage the foundation’s assets in a manner that avoids imprudent investments. The Internal Revenue Service (IRS) may penalize the foundation if it is found to be engaging in investments that... Read More
With self-dealing rules that are sometimes confusing, can a small foundation determine whether a potential transaction constitutes self-dealing? It can! Apply these three straightforward questions to any situation. Does the transaction involve a disqualified person? The Internal Revenue Service defines a disqualified person as one of the following: Officers, directors, trustees, and others with similar... Read More
Less than one-quarter of 1% of all tax returns filed by private foundations are examined by the Internal Revenue Service. Yet, certain states have seen an increase in attorney general inquiries (i.e., audits) into the operations of private foundations and components of the Form 990-PF, which usually accompanies a state filing. Attorney general audits can... Read More
Exponent Philanthropy cannot offer sample bylaws—there are many state variations and characteristics and needs of individual foundations—but the following overview does describe common sections and what a foundation board might expect within its own bylaws: Name—In some states, the first section gives the name of the foundation or other similar details required by state corporate... Read More
A key to completing or reviewing the Form 990-PF is to have the required source documents available and organized before you start—even if you are hiring someone to complete the form for you. Categorizing Expenses For easier access to what you need, it can be helpful to categorize expenses throughout the year as follows: Administration... Read More
The Form 990-PF is a complex, public document private foundations file annually with the Internal Revenue Service (IRS) to help ensure that they are fulfilling their charitable purposes. As a general policy, a foundation should try to file its Form 990-PF by the due date (i.e., the 15th day of the 5th month after the... Read More