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Expanded Legal Support - Center for Community Foundations
Legal Compliance Guidance
After listening, research, and consultation with the field, the Council on Foundations is expanding legal support to help community foundations prepare for—and respond to—threats that could shape the future of the sector.
The resources presented on this page provide additional analysis,…
Responding to a Congressional Inquiry
Legal Compliance Guidance
Developed for the Council on Foundations by Christopher J. Armstrong, Partner at Holland & Knight
Congress’s power to conduct inquiries, including information requests, the issuance of subpoenas, and public hearings has long been recognized by the courts as part of Congress’s power to…
Permissible Exempt Purposes Under 501(c)(3)
Legal Compliance Guidance
This page outlines the range of purposes that qualify an organization for tax exemption under section 501(c)(3) of the Internal Revenue Code. It explains how the IRS and courts interpret key terms — especially "charitable" — and how those interpretations shape eligibility.
Permissible Exempt…
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…
Disaster Response
Monday, March 31, 2025 - 3:11 pm
Disaster Response
Thursday, January 9, 2025 - 3:25 pm
About Council Resources
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. Council members may e-mail legal@cof.org with inquiries and for more information.
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