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.
Legal Resources
The Council has full-time attorneys with a breadth of experience on staff. This team serves as a valuable resource to Council members, and is available to provide information on a wide range of topics that impact foundation operations.
On a regular basis, members of our Legal Team:
Field more…
Global Regulation of Philanthropy
The Council develops substantive policy positions on behalf of its members; submits regulatory comments and letters to U.S. policymakers, foreign governments, and intergovernmental bodies; and advocates before domestic and international bodies that set policies impacting cross-border philanthropy…
Electronic Filing of Form 990
All 501(c)(3) charitable organizations are required to file the Internal Revenue Service (IRS) Form 990 in accordance with the annual reporting requirements under Sec. 6033 of the Internal Revenue Code. This form asks for detailed information about the activities of the charity for the reporting…
Unrelated Business Income Tax (UBIT)
Issue
Under Section 512(a) of the Internal Revenue Code, nonprofits are subject to tax on gross income, minus directly connected expenses, for activities that constitute an “unrelated trade or business.” The Code offers a three-pronged test for determining whether a particular activity…
Recording
As part of the Council’s global philanthropy program, this members-only conference call on July 1, 2015 provided an overview on policy developments in Mexico that are impacting the flow of U.S. philanthropy into the country. On the call, expert speakers delved into the implications for funders of a…
Legal Compliance Guidance
Legal aid provides assistance to people who would otherwise not be able to afford legal representation or access to the court system. While it is an integral part of the American justice system, especially to the most vulnerable in our society, many legal aid programs are unsustainable or have seen…
Legal Compliance Guidance
Expenditure responsibility is a five step procedure that is designed to ensure that foundation funds are used for exclusively charitable purposes.
The five basic steps that are required for completing expenditure responsibility include:
Conducting a pre-grant inquiry including a reasonable…
Legal Compliance Guidance
This document is a tool to help you as a private foundation determine when to use expenditure responsibility for grants to public charities.
External Resource
Article published by Adler & Colvin summarizing the key differences between Mission-Related and Program-Related Investments for Private Foundations. The article also lays out many of the necessary legal and regulatory questions when determining if an impact investing strategy is appropriate for…
Record Retention for Foundations
Legal Compliance Guidance
Foundation recordkeeping is an inherently dull topic—unless it’s done wrong. The foundation manager who has not kept adequate documentation regarding expenditure responsibility grants risks an IRS audit. Similarly, a foundation manager confronted with a trustee succession battle will find the…
When to Say “No” to Fulfilling Personal Charitable Pledges
Legal Compliance Guidance
Your giving program looks like a convenient vehicle for fulfilling personal charitable pledges. Here’s what you need to know about when to say “no.”
The board of the ABC Family Foundation is considering a number of suggested grants, including a contribution to the local symphony’s capital drive…
Legal Compliance Guidance
The persistent scrutiny of nonprofit governance has prompted leaders at many types of organizations to take steps to assure that their own houses are in good legal and financial order. This checklist is a good place for you as a private foundation to start.
Thinking about an Audit? Read this First
Legal Compliance Guidance
Audits are everywhere these days. Consider:
In the wake of corporate accounting scandals, the Sarbanes-Oxley Act was enacted in 2002, imposing corporate governance reforms on public, for-profit companies, including provisions on how financial audits are managed and carried out by auditors.…
Nonprofit Law in Vietnam
Legal Compliance Guidance
Current as of June 2025 | Download print version (PDF)
This section describes the legal framework of nonprofit organizations (also known as non-governmental organizations or NGOs) in Vietnam, along with translations of legislative provisions relevant for a foundation or advisor undertaking an…
Nonprofit Law in Venezuela
Current as of November 2023 | Download print version (in PDF)
This report describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Venezuela, and includes translations of legislative provisions relevant for a foundation or advisor…
Nonprofit Law in Uganda
Current as of March 2025 | Download print version (in PDF)
This section describes the legal framework governing nonprofit organizations (also known as non-governmental organizations or NGOs) in Uganda, and includes translations of legislative provisions relevant for a foundation or…