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About the Council

https://cof.org/about
The Council on Foundations is a nonprofit membership association that serves as a guide for philanthropies as they advance the greater good. Building on our 75-year history, the Council supports over 1,000 member organizations in the United States and around the world to build trust in philanthropy…

Resources

https://cof.org/resources
This section features all legal, best practices, sample documents, and resources we believe can help grantmakers and foundations. Some of these items are only available to members.

Community Foundation Locator

https://cof.org/page/community-foundation-locator
Find community foundations in your area.

Grants to Organizations from Donor-Advised Funds: Is Expenditure Responsibility Required?

https://cof.org/content/grants-organizations-donor-advised-funds-expenditure-responsibility-required
Use this flowchart to determine if grants from donor-advised funds require expenditure responsibility.

What is Expenditure Responsibility?

https://cof.org/content/what-expenditure-responsibility
Expenditure responsibility is a five step procedure that is designed to ensure that foundation funds are used for exclusively charitable purposes. The five basic steps that are required for completing expenditure responsibility include: Conducting a pre-grant inquiry including a reasonable…

Permissible Exempt Purposes Under 501(c)(3)

https://cof.org/page/permissible-exempt-purposes-under-501c3
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…

Self-Defense Communications Regarding the Section 4940 Excise Tax on Net Investment Income

https://cof.org/page/self-defense-communications-regarding-section-4940-excise-tax-net-investment-income
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…

Webinar Recording: Self-Dealing Concerns for Corporate and Private Foundations

https://cof.org/content/webinar-recording-self-dealing-concerns-corporate-and-private-foundations
In this webinar, the Council’s Legal Resources team took an in-depth look at the self-dealing rules applicable to private foundations under section 4941 of the Internal Revenue Code. This webinar provided an analysis of the relevant rules and regulations governing transactions between private…

Legal Considerations for Corporate Foundations

https://cof.org/content/legal-considerations-corporate-foundations
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…

Dos and Don'ts of Contact Between Company Foundation Employees and Legislators

https://cof.org/content/dos-and-donts-contact-between-company-foundation-employees-and-legislators
Companies and their private foundations must carefully navigate the dos and don’ts of contact between foundation employees and legislators. How should the company foundation's grants and activities fit into the sponsoring company's efforts to develop strong relationships with government…

Intermediate Sanctions Regulations Checklist

https://cof.org/content/intermediate-sanctions-regulations-checklist
The intermediate sanctions rules prohibit tax-exempt organizations from providing more than fair market value economic benefits to their “disqualified persons.” The intermediate sanctions rules apply to all section 501(c)(3) and section 501(c)(4) organizations except for private foundations,…

How to Avoid Commingling

https://cof.org/content/how-avoid-commingling
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…

Sample Foreign Grant Expenditure Responsibility Letter

https://cof.org/content/sample-foreign-grant-expenditure-responsibility-letter
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…

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