As a benefit of membership, the Council on Foundations attorneys and legal staff provide information and education to Council members regarding a variety of topics related to foundation operations and legal compliance. All information on this website, and all publications, articles, e-mail correspondence and telephone consultations provided by Council attorneys and legal staff are intended for informational purposes only and not as part of an attorney-client relationship. Council attorneys are not licensed in every state and cannot provide legal representation. The information is not a substitute for expert legal, tax or other professional advice tailored to your specific circumstances, and may not be relied upon for the purposes of avoiding any penalties that may be imposed under the Internal Revenue Code.
FAQ: End of Year 2024
Legal Compliance Guidance
Individual Retirement Accounts (IRA) Gifts and Qualified Charitable Distributions (QCDs)
May a donor make a QCD from an IRA to their donor-advised fund (DAF) or someone else’s DAF?
What happens if a donor chooses to transfer money from their IRA into a DAF? Do we have to tell them they have…
FAQ: AAER v. Fearless Fund Settlement
Legal Compliance Guidance
What is Section 1981?
Does the outcome of this case set a new standard for grants that are race-based or race-conscious? If so, why?
How will this settlement impact a foundation’s ongoing commitment to DEI within their grantmaking?
Will the settlement impact foundations collection of…
Sample Documents for Scholarship Funds
Sample Document
Community foundations that award scholarships and other grants to individuals from funds with donor involvement should be sure these funds comply with the requirements of the Pension Protection Act of 2006.
The PPA prohibits grants to individuals from funds that meet the fairly broad definition of…
FAQ: Global Grantmaking
Legal Compliance Guidance, Fundamentals
What are the legal requirements for private foundations wishing to make cross-border grants?
What is equivalency determination?
What is expenditure responsibility?
How do I decide whether to use equivalency determination or expenditure responsibility?
What are the legal requirements…
FAQ: Scholarships
Legal Compliance Guidance, Fundamentals
What are the advantages, disadvantages, and likely costs of scholarship programs?
What do the private foundation rules require, and how should community foundations apply the rules?
What rules or procedures govern community foundation scholarship programs?
Does a community foundation need to…
Conflicts of Interest - Key Issues for Foundations
Legal Compliance Guidance
With Congress and the media focusing on corporate governance and foundation administration, now is the time to make sure that all grantmakers have a strong conflict of interest policy in place. Both private foundations and public charities (such as community foundations) should have clear…
FAQ: Donor-Advised Fund
Legal Compliance Guidance, Fundamentals
The Pension Protection Act of 2006 includes the first comprehensive regulation of donor-advised funds. These requirements generally took effect at the beginning of the tax year following enactment of the Act, for charities that hold assets in such funds. However, a provision barring the payment…
Legal Basics: What Every Foundation Leader Should Know
Legal Compliance Guidance
A guide to legal basics for foundation leaders covering: tax on investment income, self-dealing, payout requirements, excess business holdings, jeopardy investment rules, taxable expenditures, intermediate sanctions, reasonable compensation, and grants to non-charities.
990 Filing for Corporate Grantmakers
Legal Compliance Guidance
Electronic Filing: While the requirements regarding electronic filing of Forms 990 and 990-PF have not changed, the electronic filing requirement for some organizations is still relatively new. For that reason, you may want to revisit the mandatory electronic filing rules to determine whether your…
Engaging Donor Advised Funds in Impact Investing
Toolkit
A Toolkit for Community Foundations
“Impact investing” is the practice of investing for social and environmental impact while generating financial return. For community foundations, impact investing represents a new, complementary tool for achieving community change. Community foundations are…
Basic Options for Global Grantmaking by U.S. Foundations
Fundamentals
The Council on Foundations' definition of “international grantmaking” includes grants made by U.S. foundations and corporations to overseas recipients as well as grants made to U.S.-based organizations operating international programs. This also includes grants made toward activities wholly within…
Determining Supporting Organization Status
Fundamentals
Private foundations and donor advised funds must follow special rules when making grants to certain supporting organizations.
Why is it important to determine if a public charity grantee is a supporting organization?
Supporting organizations are a type of Section 501(c)(3) public charity.…
FAQ: Supporting Organizations
Legal Compliance Guidance, Fundamentals
Summary
A supporting organization qualifies as a public charity because it has a close relationship with another publicly supported section 501(c)(3) organization. Based on the relationship of the supporting organization to the public charity it supports, a supporting organization will be…
Donor-Advised Fund Flowchart
Legal Compliance Guidance
This handy flowchart can help you determine which funds should be classified as donor-advised under the Pension Protection Act of 2006. Remember, a fund is only a donor-advised fund if:
A donor or person appointed or designated by the donor has, or reasonably expects to have, advisory…
FAQ: Agency Endowment Funds
Legal Compliance Guidance, Fundamentals
What is an agency endowment?
What types of organization can establish an agency endowment at a community foundation?
When a public charity establishes an agency endowment at a community foundation, which organization owns the contributed funds?
Since the agency is releasing legal…
FAQ: Fundraising for Community Foundations
Legal Compliance Guidance, Fundamentals
Raising money for community needs is the central function of community foundations. No surprise, then, that we receive more questions about fundraising than about any other topic. Following are some common inquiries we receive by telephone and e-mail and the replies we give.
Documents for Donors…