No topic within private foundation rules raises as many questions and concerns as self-dealing. To ensure that foundation assets are used for charitable purposes rather than private benefit, the self-dealing rules prohibit a range of transactions between private foundations and their insiders, called disqualified persons. The self-dealing rules are broad and absolute. There are no... Read More
As we enter the new year and decade, I want to call your attention to an important piece of legislation passed by Congress and signed into law by the President in the closing days of 2019 that has significant implications for those of us in the world of private foundations. The “Further Consolidated Appropriations Act,... Read More
Legal insights provided by Arnold & Porter On December 22, 2017, President Trump signed a new tax bill into law, informally referred to as the Tax Cuts and Jobs Act (the “Tax Act”). Although several proposals were dropped from the legislation, the Tax Act contains a number of provisions relating to charitable giving and tax-exempt... Read More
The law requires very little when making grants to most domestic public charities. Other than knowing a grantee’s tax status—your foundation has a great deal of flexibility. However, I regularly encounter funders, foundation staff and professional advisors who do not know this. What the Law Requires When Making Grants A few years ago, Project Streamline... Read More
This year’s Foundations on the Hill (FOTH) was hosted by the Forum of Regional Associations of Grantmakers in partnership with the Council on Foundations and Alliance for Charitable Reform. FOTH is a multiday event that brings foundation leaders from across the country to Washington, DC for meetings with Congress about key issues of importance to foundations... Read More
For funders, especially private foundations, the federal tax rules governing supporting organizations can be important. Grants by private foundations to certain types of supporting organizations are subject to expenditure responsibility and may not be counted toward the private foundation’s annual 5% minimum distribution requirement. The complexity of the rules governing supporting organizations, updated on February... Read More