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
Private foundations must follow more stringent rules than public charities, pay an excise tax on net investment income, and pay out an amount equal to 5% of their assets annually. Public charities that are tipped into private foundation status also may lose funding. Many foundations will not give grants to other private foundations, and individual... Read More
Generally, a worker may be classified as an independent contractor if the employer has the right to control or direct the result of the work but not the means or methods of accomplishing the result. The Internal Revenue Service (IRS) uses a 20-factor test to determine whether a worker is an employee or an independent... Read More
Funders can engage in advocacy, can fund advocacy, and can encourage grantees to engage in advocacy, with exceptions involving lobbying and electioneering. The two types of lobbying are direct lobbying, communicating with legislators to express a view about specific legislation, and grassroots lobbying, asking the public to communicate with legislators to express a view about... Read More
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
Consider offsetting capital losses with capital gains. Over the past decade, the largest taxable component of investment income for most foundations has been realized capital gains. Foundation management should review their portfolio to ascertain if they can take losses to offset any realized gains. Foundations should be aware that any excess capital losses over capital... Read More