Corporate Giving Programs and Foundations
Corporate Philanthropy refers to the investments and activities a company voluntarily undertakes to responsibly manage and account for its impact on society. It includes investments of money, donations of products, in-kind services and technical assistance, employee volunteerism, and other business transactions to advance a social cause, issue, or the work of a nonprofit organization. Corporate foundations and corporate giving programs traditionally play a major role in these areas.
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Guidance for Donor Advised Funds, Supporting Organizations, and Employer Disaster Funds
Legal Compliance Guidance
This resource is a Council Summary of IRS Interim Guidance found in IRS Notice 2006-109, issued December 6, 2006, and explains steps for determining supporting organization status, and important information on the employer disaster relief fund exemption.
Responding to requests from the Council on…
Provisions Affecting Supporting Organizations
Legal Compliance Guidance
This chart outlines all provisions that affect the operations of supporting organizations.
Scholarship Funds and PPA Compliance
Legal Compliance Guidance
Bringing Funds Into Compliance
The Pension Protection Act of 2006 (PPA) includes the first comprehensive regulation of donor-advised funds. For the first time, donor-advised funds are legally defined. The legal definition is important for grantmakers that operate various kinds of component funds,…
Excess Business Holdings Rules for Donor Advised Funds
Legal Compliance Guidance
Under the Pension Protection Act of 2006 (PPA), the private foundation excess business holdings rule applies to donor-advised funds as if they were private foundations.1 That is, the holdings of a donor-advised fund in a business enterprise, together with the holdings of persons who are…
Pension Protection Act
The Pension Protection Act (PPA) was signed into law by President George W. Bush on August 17, 2006. The PPA was designed to improve pension plan funding requirements of employers, as well as 401(k), IRA, and other retirement plans. The PPA also included numerous provisions that affect charitable…
Providing Large Grants to Small Grantees
Legal Compliance Guidance
Lawyers rarely tell foundation managers, "Relax, don’t worry so much!" But in the case of "tipping," that’s been our advice for more than 10 years. What is the so-called "tipping problem" and why are so many foundations (still) so worried about it?
Tipping occurs when a private…
To Check or Not to Check: Complying With OFAC Regulations
Legal Compliance Guidance
After September 11, 2001, many grantmakers and other charitable organizations that were not previously familiar with the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), learned of its existence. As one of the key U.S. government agencies seeking to shut down terrorism funding…
The Debate Over Anti-Terrorism Certification
Legal Compliance Guidance
In an effort to ensure that charitable resources are used exclusively for charitable purposes and not used to support terrorist activity, organizations may choose to adopt practices in addition to those explicitly required by law. Among the practices that some charities choose to adopt is including…
Multi-Year Grants: To Commit or Not to Commit
Legal Compliance Guidance
Can we back out of a multiyear commitment we made in a prior year because our foundation’s assets have declined?
The answer in many cases is “no.” That is, unless your grantee is willing to release your foundation from its obligation.
Generally, an unconditional, multiyear grant is considered a…
Grants to New Charities
Legal Compliance Guidance
Question: May a private corporate foundation or corporate giving program make a grant to a newly-established charity that has not yet received its IRS tax exemption letter?
Answer: Yes, but when making a grant to a charity whose application for exempt status is pending before the IRS, a private…
Faith-based Grantmaking: A Basic Guide for the Perplexed
Legal Compliance Guidance
Generally, there is no legal restriction against making grants to churches, synagogues, mosques or other religious institutions. But there are some things foundations interested in such grantmaking should know.
For years, private foundations and public charities have recognized religious…
Understanding Fiscal Sponsorship
Legal Compliance Guidance
Everything you need to know to stay out of trouble with third-party representatives.
Does hearing the sentence "Just make that grant check payable to my fiscal agent" stop you in your tracks? It should. If your potential grantees are washing your grant funds through an accommodating charity that…
Gifts from Private Foundations to Donor Advised Funds
Legal Compliance Guidance
Gifts from private foundations to field of interest funds, designated funds, and other funds that are not donor advised, are entirely permissible and do not raise special concerns. Gifts to a donor-advised fund can raise red flags as a potential donor control issue. The law does not prohibit gifts…
Increasing the Number and Size of Awards
Legal Compliance Guidance
When donors to scholarship funds see the impact that their money can have on the life of a student, they are often inspired to contribute more. Sometimes they will add more to the principal of the fund so that future awardees can receive bigger scholarships or more scholarships can be awarded.…
Disaster Preparedness and Recovery Plan
Sample Document
Community foundations have proven themselves to be cornerstones of support to the community, especially in times of need and disaster. When emergencies or disasters strike, the Foundation must be well-prepared to quickly and effectively help itself in order to be able to help others.
This…
From Chaos to Community
The guide aims to inspire individuals and citizen groups to act in organized, effective ways to help people in communities hit by disasters to reclaim their future. It includes concrete suggestions and clear steps towards recovering and re-establishing a sense of security, safety, and vitality in…