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The Potential of Program Related Investments

Program related investments (PRIs) count toward a foundation’s distribution requirement as long as they meet the following criteria: They serve a charitable purpose—A PRI’s primary function must be to further the foundation’s charitable purpose. Income or appreciation of property is not a significant purpose—An investor solely interested in profit would not make an investment on... Read More

What Are Alternative Investments?

Some foundations (along with other institutional investors, such as pension plans, sovereign wealth funds and endowments, and ultra-high-net-worth individual investors) are increasingly moving away from the traditional 60–40 asset allocation model, meaning 60% allocation to equities and 40% to fixed-income assets. Investors are moving away because, quite often in recent years, their return objectives have... Read More

A Foundation’s State of Incorporation

Generally, states have similar laws regarding foundations. It typically is recommended that you incorporate in the state where the main office will reside so that you only need to file paperwork with one state. Certain states, including California and New York, maintain minor limitations and/or requirements on private foundations, which you should understand before incorporating... Read More

Key Private Foundation Laws

Private foundations are subject to several sections within the Internal Revenue Code (IRC). The following list is not comprehensive but addresses eight sections that will guide foundation managers throughout the life of the foundation: Section 4940 imposes an annual excise tax on a private foundation’s net investment income. Foundations will need to pay taxes on... Read More

Administrative Expenses: Too Much? Too Little?

From a tax law perspective, a private foundation may pay “reasonable and necessary” administrative expenses—and count them toward its annual distribution requirement—without subjecting the foundation or its managers to a penalty tax. These expenses must be (a) related to the accomplishment of the foundation’s charitable purposes, (b) related to its investments, or (c) payments of... Read More

Engaging Your Board

Don’t spend your days dreaming of more engaged members. Here are some ideas to get your trustees’ attention and breathe some life into your board: Communicate with your trustees–Ask them (either individually or as a group) what they want out of board service. Are they satisfied with the way things are? What would they like... Read More