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2025 Grantmaker Salary and Benefits Report: Administrative and Program Expense Tables
Publication, Research
The 2025 Grantmaker Salary and Benefits (GSB) Administrative and Program Expense Tables provide foundations the benchmarking data needed to measure administrative, program, service, and qualifying distribution expenses against peers in the field. Containing data collected through the Council’s GSB…
2025 Grantmaker Salary and Benefits Report
Publication, Research
The 2025 Grantmaker Salary and Benefits Report contains the most comprehensive and up-to-date data on U.S. philanthropic sector salaries, benefits, and demographic details, with information presented by grantmaker type, foundation type, asset size, and geographic location. The 2025 Grantmaker…
2025 Grantmaker Salary and Benefits Report: Key Findings
Research
The 2025 Grantmaker Salary and Benefits (GSB) Key Findings is a visual highlight of the trends and changes that are shaping the philanthropic sector.
Also available as a free PDF, the 2025 GSB Key Findings is just a small fraction of the expansive dataset available in the 2025 GSB Report, which…
Potential Implications of Funding Protest Activities
Legal Compliance Guidance
Developed for the Council on Foundations by Christopher J. Armstrong, Partner at Holland & Knight
The Current Environment
Foundations are under increasing political scrutiny regarding their relationships with organizations that have engaged in protests, especially in situations…
Snapshot of Funder Progress on Locally Led Development (Sept. 2025)
Publication, Research
In September 2023, a group of 15 foundations joined 20 bilateral donors in signing a Donor Statement committing to advancing locally led development. After recent global shifts in foreign assistance and the dismantling of USAID, the Council on Foundations wanted to understand how philanthropy has…
Actions Upon Potential Arrest of a Senior Leader at a Community Foundation
Legal Compliance Guidance
Developed for the Council on Foundations by Christopher J. Armstrong, Partner at Holland & Knight
In the event that a senior leader of a community foundation or similar organization is arrested at a First Amendment protected protest, preparing for an immediate response is essential to…
2024 Council on Foundations - Commonfund Study of Investment of Endowments for Private and Community Foundations (CCSF)
Publication, Research
The CCSF Study is the field’s most comprehensive and authoritative study on investment and governance policies and practices, and the 2024 CCSF studies 255 private and community foundations representing $104.9 billion in assets. Topics covered include:
Returns and Investment Objectives
Asset…
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
Research
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, 2025, 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%. (…
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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