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Estimated Increases in Taxes on Net Investment Income for US-Based 501(c)(3) Private Foundations
External Resource
Increasing taxes on private foundations means fewer dollars to charitable organizations, from food pantries to disaster relief groups. The below data from Candid shows that in almost every state, private foundations will have to pay millions more in taxes, crippling their ability to respond to the…
Summary of Ways and Means Chairman's Mark
Legal Compliance Guidance
On May 9, the House Ways and Means Committee released initial legislative text of the tax bill to be marked up this week. The Committee is expected to release a revised and more substantive bill Monday afternoon, so the provisions below could be modified and are subject to change.
Individual…
Self-Defense Communications Regarding the Section 4940 Excise Tax on Net Investment Income
Legal Compliance Guidance
Self-Defense Exception: A legislative proposal to modify the private foundation excise tax on net investment income under IRC section 4940 would qualify as a self-defense issue, because it affects a private foundation’s duties. Private foundations may therefore communicate with the legislature, its…
Losing Tax-Exempt Status
Legal Compliance Guidance
It is extremely rare for an organization to lose its tax-exempt status. When it happens, it's typically the end result of a three-step process: (1) The IRS conducts an examination of the tax-exempt organization; (2) the IRS issues a letter to the organization proposing revocation; then (3) the…
Risk Management Resources
Legal Compliance Guidance
Internal Risk Management for Foundations
In response to the ongoing changes to the legal and policy landscape, it has become increasingly important for foundations and charitable nonprofits to engage best practices for mitigating their potential legal and operational risks. We worked with outside…
What Counts as a Qualifying Distribution?
Legal Compliance Guidance
What counts as a qualifying distribution?
A foundation can meet the minimum-payout requirement with any expenditure that meets the definition of a “qualifying distribution.” In short, the law states a foundation must have qualifying distributions equal to approximately 5%, not a “payout” of 5%. (…
Self-Defense Communication Rules for Public Charities
Legal Compliance Guidance
Community Foundations and other public charities may engage in an insubstantial amount of lobbying as part of normal operations. But what are the rules around engaging in self-defense?
Internal Revenue Code Section 4911(d)(2)(C) provides public charities with an exception to the…
Court Cases We Are Monitoring
Legal Compliance Guidance
Overview
The Council is committed to helping our members stay informed about litigation that may have an impact on the philanthropic sector. This resource is designed to be a guide to cases that could impact the operations of foundations and other grantmaking organizations. For a more…
Coming Together, Not Apart: Inside the Work of Turning Conflict Into Collaboration
Publication
Coming Together, Not Apart: Inside the Work of Turning Conflict Into Collaboration is the second of three Council on Foundations publications exploring philanthropy's involvement in developing the heartset, mindset, and skillset to lead collaboratively across differences. It dives deep into how…
Navigating Disasters and Crises: A Practitioner Playbook for Corporate Responsibility and Philanthropy
Publication, Toolkit
Navigating Disasters and Crises: A Practitioner Playbook for Corporate Responsibility and Philanthropy is a free resource designed to guide corporate leaders through navigating disasters and crises at a time when disaster response has grown more comprehensive and complex. It provides a new…
Values-Aligned Philanthropy: Discussing Responsible Giving With Donors
Publication, Toolkit
Foundation leaders committed to values-aligned philanthropic policies, which ensure grantmaking efforts does not fund hate and extremism, emphasize the importance of ensuring all stakeholders understand both the policies and the reasons for their creation. Values-Aligned Philanthropy: Discussing…
Self-Defense Communications Exception for Private Foundations
Legal Compliance Guidance
Internal Revenue Code § 4945(e) allows private foundations to appear or communicate with a legislative body concerning a decision of that body that might affect the existence of the foundation, its powers and duties, its tax-exempt status, or the deductibility of contributions to it.
What…
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…
Discussion Guide: Connecting Philanthropic Values and DEI Principles
Toolkit
Use this document to help initiate conversations about how your foundation's mission and values connect to integrating DEI policies and practices.
2024 Grantmaker Salary and Benefits Report: Board Compensation Tables
Publication, Research
The 2024 Board Compensation Tables provide foundation board and staff with the tools they need to benchmark their board compensation policies and practices against peers in the field. This report contains data collected through the Council’s 2024 Grantmaker Salary and Benefits Survey and presented…