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Results for:   Topic: “Tax and Legal”  

Recordkeeping if Sunsetting Your Foundation

There is little legal advice specific to recordkeeping after a foundation closes. According to best practice, however, financial and tax records should be kept for a minimum of 7 years after their filing dates. Other business records, such as pension plans and D&O liability insurance contracts, should be kept for a minimum of 10 years.... Read More

Excess Business Holdings

To prevent certain abuses that could stem from allowing a nonprofit to control a for-profit enterprise (e.g., propping up stock prices), private foundations are prohibited from owning more than a small portion of any business enterprise. Specifically, the Internal Revenue Service prohibits a foundation, together with its disqualified persons, from holding more than a 20%... Read More

Scholarships and Other Grants to Individuals

Private foundations may grant to individuals in four permitted ways, with different recordkeeping and Form 990-PF reporting requirements for each. Grants to individuals for travel, study, or similar purposes via a public charity intermediary, such as a school or university Issuing a grant to an intermediary is the simplest way to award travel fellowships, scholarships,... Read More

Expenditure Responsibility

Expenditure responsibility requires private foundations to: Take steps to ensure that grants to certain organizations are spent only for the charitable purposes for which they were made. Obtain full and complete reports from the grantee on how the funds were spent. Make full and detailed reports on the expenditures to the Internal Revenue Service (IRS).... Read More

Self-Dealing Issues for Private Foundations That Co-Invest With Disqualified Persons

Private foundations, or PFs, occasionally consider making investments in vehicles in which one or more of their disqualified persons, or DPs (e.g., officers, directors, substantial contributors) also have invested or also are considering an investment. This article focuses on issues raised for investments in vehicles that are owned and managed by persons unrelated to the... Read More

Expenditure Responsibility and Equivalency Determination for International Grantmaking

The easiest way to fund international causes is to use a U.S.-based intermediary or aid organization that has networks in foreign locations. Those organizations specialize in giving abroad and can redistribute funds effectively to meet specific needs. Not only may the grant be more effective because of the organization’s connections but foundations avoid the additional... Read More