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.
How to Avoid Self-Dealing for Family Foundations
Legal Compliance Guidance
Slide presentation reviewing the basics of avoiding self-dealing as a family foundation.
Hiring An Archival Consultant
Legal Compliance Guidance
The services of a consultant may prove beneficial to an organization considering the creation of a records management or archival program.
From a consultation, those who oversee the records and archives project should derive a general sense of the existing historical record of the organization —…
Providing Relief in Times of Disaster - Gifts from a Public Charity
Legal Compliance Guidance
Grants to Public Charities from a Public Charity
Unless from a donor-advised fund, disaster relief grants to domestic section 501(c) (3) public charities do not present special issues.
Grants from a Donor Advised Fund
Disaster relief aid can be provided through a donor advised fund…
Providing Relief in Times of Disaster - Direct Corporate Giving
Legal Compliance Guidance
Grants to Public Charities from a Corporate Giving Program
Businesses can make disaster relief grants directly from the corporation, or from its corporate giving program, to any section 501(c)(3)public charity. An added plus is that such gifts are eligible as charitable deductions for the…
International Corporate Giving
Legal Compliance Guidance, Fundamentals
This brief provides practical advice on setting strategy, ensuring on-the-ground presence, and selecting partners for U.S.-based companies with foundations and/or giving programs that are either venturing into the international giving arena or seeking to enhance their current programs. The last…
Sample Foreign Grant Expenditure Responsibility Letter
Sample Document
Sample foreign grant expenditure responsibility letter.
This sample document is being provided for informational purposes and is not to be shared without the permission of the Council on Foundations. Use of the sample document does not create an attorney-client relationship, and the information…
Sample Expenditure Responsibility Grant Agreement
Sample Document
Editable grant agreement for grants requiring expenditure responsibility.
This sample document is being provided for informational purposes and is not to be shared without the permission of the Council on Foundations. Use of the sample document does not create an attorney-client relationship…
Supporting Employee Volunteerism
Legal Compliance Guidance
Question: May a private company foundation support the volunteer activities of the sponsoring corporation's employees?
Answer: Company foundations sometimes play a role in coordinating volunteer activities of the sponsoring corporation's employees. The IRS has approved company foundations'…
Reporting Direct Charitable Activities
Legal Compliance Guidance
Question:
Our company foundation sometimes carries out its own charitable programs. For example, last year we organized a conference on the topic of evaluating program impact for our grantees and other nonprofits in one of our communities. Where does this information get reported on our Form 990-…
Public Disclosure of Form 990-PF
Legal Compliance Guidance
Question: Our staff just received a request for a copy of our foundation's Form 990-PF. Are we required to provide this information?
Answer: Yes. A foundation’s tax return on Form 990-PF provides a wealth of information about the organization including asset size, board members, salary information…
Private Foundation Excise Tax Rates
Legal Compliance Guidance
The Pension Protection Act of 2006 (PPA) increased the excise tax rates for violations of many of the private foundation rules. In most cases, the first-tier taxes were doubled. These changes are effective for private foundations upon the foundation’s first tax year beginning after August 17, 2006…
Membership Dues and Self-Dealing
Legal Compliance Guidance
Question: Why do Council on Foundations membership materials and invoices state that if my foundation and corporate giving program share a membership, dues must be paid by the corporation? Is this true for other memberships as well?
Answer: IRS self-dealing rules prohibit private foundations (…
Mandatory Electronic Filing for Form 990 and 990-PF
Legal Compliance Guidance
Question: Are corporate foundations required to file electronically the 2006 Form 990 or Form 990-PF?
Answer: Whether or not a corporate foundation is required to file electronically depends on a number of factors. Generally, only foundations with a substantial number of employees or consultants…
Sharing Office Space
Legal Compliance Guidance
Question:
Can a company provide office space to the company foundation?
Answer:
A parent company can always provide the company foundation with office space as long as it does so free of charge. While it is even possible for the parent company and the foundation to share the cost of office space…
How to Avoid Commingling
Legal Compliance Guidance
Question
The same company representatives serve on our company foundation board of directors and our Corporate Contributions Committee. Can we hold the meetings for both programs simultaneously?
Answer
No. While it is possible to hold the meetings for the corporate giving program and company…
Honoring Grant Commitments amid Difficult Corporate Finances
Legal Compliance Guidance
Question:
In light of current economic conditions, the corporation has asked whether the company's private foundation may honor grant commitments already made by the corporate giving program. Can the private foundation make these grants?
Answer:
Maybe. The facts and circumstances surrounding the…