Legal Compliance Guidance

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All information on this website, and all publications, articles, email 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 purpose of avoiding any penalties that may be imposed under the Internal Revenue Code. Council members may email legal@cof.org with inquiries and for more information.

Displaying 17 - 32 of 173 results

Making Grants to Crowdfunding Campaigns During Disasters

Legal Compliance Guidance
You may wonder whether you can make grants to GoFundMe campaigns that are supporting localized efforts during disasters. Proceed cautiously: GoFundMe and many similar crowdfunding platforms are not registered 501(c)(3) public charities, and therefore you need to examine carefully if the campaigns…

Extension of Tax Filing Deadlines for Tax-Exempt Organizations in 2020

Legal Compliance Guidance
IRS Notice 2020-23, issued on April 9, 2020, clarifies that tax-exempt organizations are fully included in COVID-19 relief. Specifically, the filing and tax payment deadlines for IRS Form 990 series (990, 990-EZ, 990-PF, and 990-T) normally due between April 1, 2020 and July 15, 2020 are…

Tips and Resources for Responding Globally to COVID-19

Legal Compliance Guidance
Making grants outside of the United States can be complicated even when there isn’t a global pandemic. COVID-19 impacts communities in different ways and while some countries have robust public health systems, others do not. Additionally, governments are responding to the outbreak in vastly…

Corporate Foundation Legal FAQ: Despite Benevolent Intent, Generating Business for Company is an Act of Self-Dealing

Legal Compliance Guidance
A business can generate goodwill through its philanthropic efforts, and such efforts can be good for business. For instance, the IRS has made clear that foundation expenditures that raise awareness of charitable causes can incidentally enhance the general reputation or prestige of its sponsoring…

Sample Agreement for Converting Project Grants to General Operating Support

Legal Compliance Guidance, Sample Document
In these unprecedented times, grantors may decide that converting previously awarded project-specific grants to general operating grants is the best way to support grantees and enable them to respond to the needs of their respective communities. While current grant agreements can be revised or…

The PayPal Charitable Giving Fund Settlement and Variance Power

Legal Compliance Guidance
A multi-state settlement agreement between PayPal Charitable Giving Fund (PPGF) and almost two-dozen states was announced to address issues of transparency and PPGF’s website disclosures. One notable area about which state regulators raised concerns was disclosure by PPGF of the fact…

Gifts of Cryptocurrency and Charitable Acknowledgments: IRS FAQs Provide Guidance

Legal Compliance Guidance
The IRS published 45 FAQs related to virtual currency (Bitcoin and other cryptocurrency), and foundations should note two of these questions address charitable acknowledgment of such gifts as well as IRS reporting requirements.  Briefly, a contemporaneous written acknowledgment is required…

Nonprofit Law in Ethiopia

Legal Compliance Guidance
Current as of May 2024 | Download print version (PDF) This describes the legal framework of nonprofit organizations (also known as non-governmental organizations or NGOs) in Ethiopia, along with translations of legislative provisions relevant for a foundation or advisor undertaking an equivalency…

International Grantmaking: A Guide for Funders Making Grants Outside the United States

Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law: The Council on Foundations Compendium of Legal Resources Making grants to institutions outside of the United States is challenging and rewarding. We hope this revised publication will be a useful resource that encourages grantmakers of all types to expand…

Fiscal Sponsorship

Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law: The Council on Foundations Compendium of Legal Resources Fiscal sponsorship provides a valuable tool for charitable entrepreneurs to realize their vision by working with an established charity that takes in tax-deductible donations and private foundation…

Legal Considerations for Corporate Foundations

Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law: The Council on Foundations Compendium of Legal Resources Many businesses set up related charitable organizations for the purpose of engaging in philanthropic endeavors supported by the company. Because the funding for these charitable organizations is derived…

Webinar Recording: Transforming Community Foundation Scholarship Programs from Administrative Burdens to Strategic Assets

Legal Compliance Guidance, Recording
Download the Presentation Slides With the Stanislaus Community Foundation, National College Access Network (NCAN), and the Council on Foundations' Legal Team and Director of Community Philanthropy, this webinar explores key findings from a recent white paper published by NCAN on the topic…

Supporting Organizations

Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law: The Council on Foundations Compendium of Legal Resources This chapter discusses the federal tax laws governing supporting organizations. As a result of the Tax Reform Act of 1969, private foundations receive considerably less favorable treatment under tax law…

What to Expect from an Audit

Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law: The Council on Foundations Compendium of Legal Resources This chapter addresses what foundations should expect from an audit. Nonprofits, including private foundations, are bracing for an uptick in audit activity from the Internal Revenue Service (IRS) as it…

Foundation Finance and Investment Management

Legal Compliance Guidance, Publication
A Chapter in Mastering Foundation Law: The Council on Foundations Compendium of Legal Resources This chapter examines Uniform Prudent Management of Institutional Funds Act (UPMIFA) and other laws that govern the management and investment of endowments and other foundation financial assets. It also…

Starting a Foundation: Formation and Considerations

Legal Compliance Guidance, Publication
Many people want to start foundations, but few start out knowing exactly what sort of organization they are going to create. The purpose of this e-book is to help potential donors understand the many different entities that are commonly referred to as foundations and to provide an understanding of…

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