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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.

Considerations for Working With 501(c)(3) NIL Collectives

https://cof.org/content/considerations-working-501c3-nil-collectives
More than 120 “NIL collectives” have been established in the U.S., many of them as tax-exempt 501(c)(3) nonprofit organizations, to raise funds and enter into agreements that compensate student-athletes at specific higher-education institutions in exchange for using the student-athlete's name,…

Summary and Analysis of the Tax Cuts and Jobs Act of 2017

https://cof.org/page/summary-and-analysis-tax-cuts-and-jobs-act-2017
As many of the provisions in the Tax Cuts and Jobs Act (TCJA) (P.L 115-97) expire at the end of 2025, the 119th Congress, led by Republican majorities in both chambers and the incoming Trump Administration, will prioritize passage of tax legislation. This page analyzes key provisions from the TCJA…

SFFA Case Summary and Ruling

https://cof.org/content/sffa-case-summary-and-ruling
On June 29, 2023, the U.S. Supreme Court issued its ruling on two cases involving the use of race-conscious admissions practices by colleges and universities: Students for Fair Admissions (SFFA) v. Harvard and SFFA v. University of North Carolina (UNC).   The majority opinion held that the…

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…

Responding to a Congressional Inquiry

https://cof.org/content/responding-congressional-inquiry
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…

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…

Sample Board Resolution for Scholarship Funds

https://cof.org/content/sample-board-resolution-scholarship-funds
Editable Board resolution for approving scholarship policies and procedures.  This sample document is being provided for informational purposes only 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…

Sample Scholarship Fund Agreement

https://cof.org/content/sample-scholarship-fund-agreement
This document is an editable agreement between donors and the foundation to establish a scholarship fund. 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…

How Foundations Can Partner with USAID

https://cof.org/content/how-foundations-can-partner-usaid
Foundations have been partnering with USAID in a variety of ways to advance locally led development, and below are how some of those partnerships are being executed. For member foundations interested in working with USAID on their own locally led development initiatives, Council on Foundations…

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