By NEO Law Group
I'm in beautiful Seattle for the Fourth Annual Private Foundation National Conference. Day One highlights below: Primer on private foundations - Jody Blazek Motivation for starting a private foundation must be charitable Special rules and excise taxes apply to private foundations (n/a to public charities) Self-dealing penalties cannot be abated The statute of limitations on […]
The final private benefit rule discussed in this series is the excess benefit transaction rules, codified in section 4958 of the Internal Revenue Code (“IRC”), which are a similar but distinct set of rules from the private inurement doctrine discussed in Part II. Similar to the private inurement doctrine, the excess benefit transactions rules are […]
The private inurement doctrine is another private benefit rule applicable to public charities. The doctrine comes directly from the language of section 501 of the Internal Revenue Code that only organizations “no part of the net earnings of which inures to the benefit of any private shareholder or individual” may be exempt under section 501(c)(3). A […]
A thoughtful commitment to charitable giving and sufficient funding are baselines for starting a nonprofit private foundation. But there’s more needed. Check out the following steps you should take as you move forward: Identify your reasons for starting a new organization. Are they primarily altruistic or personal? What is it about starting and operating a private […]
2009 is an interesting year for the low-profit limited liability (L3C) concept because it presents the first test of an L3C’s ability to operate under current federal law and IRS regulations. One concern raised is the process by which private foundations will make program-related investments (PRIs) to this new legal entity. A PRI is an […]
At a January 26, 2006 meeting hosted by the Northern California Planned Giving Council, Janne Gallagher, Vice President and General Counsel of the Council on Foundations, spoke about current legislation affecting the nonprofit sector. Here are some of the highlights: S 2020: Senate Tax Reconciliation Bill Proposals to Increase Giving Nonitemizer Charitable Deduction For gifts […]
General rule – the amount of the deduction is determined by the FMV of the property at the time of the contribution. Reg. Sec. 1.170A-1(c)(1). This amount is reduced by the amount of gain which would not have been long-term capital gain if such property had been sold by the taxpayer at its FMV. IRC […]
Organizations described in Internal Revenue Code Section* 501(c)(3) fall into two categories: private foundations and public charities. Under Section 509, all organizations, domestic or foreign, described in Section 501(c)(3) are private foundations except the types of organizations described in Sections 509(a)(1), (2), (3) or (4). “Public charities” is the generic term given to the excepted […]
This post follows up on our previously published post Nonprofit Law 101 for Journalists and is intended to provide additional information to journalists and news organizations about federal tax laws applicable to 501(c)(3) organizations and common state corporate and charitable trust laws applicable to charitable nonprofits. The brief answers to the following questions are simplified […]
Many well-intended individuals who want to work on addressing public, social, and environmental needs think about starting a charitable nonprofit. Founding and leading a nonprofit may be viewed as a badge of significance and honor. But before moving forward, founders of a charitable venture should first consider the alternatives. Similarly, lawyers and bar associations asked […]