Self-Dealing
Section 501(c)(3) organizations are prohibited from engaging in activities that result in “inurement” of the organizations earnings to insiders, such as founders, directors and officers. The essence of inurement is that a person in a position to influence the decisions of an organization receives disproportionate benefits. Find questions and answers on common self-dealing snares such as sharing office equipment, employees and receiving free tickets and other tangible gifts.
Conflicts of Interest - Key Issues for Foundations
Legal Compliance Guidance
With Congress and the media focusing on corporate governance and foundation administration, now is the time to make sure that all grantmakers have a strong conflict of interest policy in place. Both private foundations and public charities (such as community foundations) should have clear…
Webinar Recording: Self-Dealing Concerns for Corporate and Private Foundations
Legal Compliance Guidance, Recording
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…
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…
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…
Legal and Tax Compliance for Corporate Grantmakers: Self-Dealing & Conflicts of Interest
Recording
In this third installment of the Legal and Tax Compliance for Corporate Grantmakers webinar, participants continue a review of the rules against self-dealing, where they come from and what they involve, as well as compare to rules regarding conflict of interest. We analyze a case study, a real…
A Compliance Checklist for Private Foundations
Legal Compliance Guidance
The persistent scrutiny of nonprofit governance has prompted leaders at many types of organizations to take steps to assure that their own houses are in good legal and financial order. This checklist is a good place for you as a private foundation to start.
Sharing Office Equipment & Supplies
Legal Compliance Guidance
Office equipment and supplies may always be shared if the parent company provides the foundation with the equipment or supplies free of charge. It is also possible for the parent company and the foundation to share the cost of equipment and supplies, but great care needs to be taken to structure…
Tickets to Fundraisers
Legal Compliance Guidance
Question:
What should corporate foundations and their parent companies consider when purchasing tickets to fundraisers?
Response:
Whether they are tickets to a dinner, to a performance, or simply for general admission to a facility, tickets have an economic value. When a company or foundation…
How to Avoid Self-Dealing for Family Foundations
Legal Compliance Guidance
Slide presentation reviewing the basics of avoiding self-dealing as a family foundation.
Membership Dues and Self-Dealing
Legal Compliance Guidance
Question: Why do Council on Foundations membership materials and invoices state that if my foundation and corporate giving program share a membership, dues must be paid by the corporation? Is this true for other memberships as well?
Answer: IRS self-dealing rules prohibit private foundations (…
Sharing Office Space
Legal Compliance Guidance
Question:
Can a company provide office space to the company foundation?
Answer:
A parent company can always provide the company foundation with office space as long as it does so free of charge. While it is even possible for the parent company and the foundation to share the cost of office space…
How to Avoid Commingling
Legal Compliance Guidance
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 company…
Dos and Don'ts of Contact Between Company Foundation Employees and Legislators
Legal Compliance Guidance
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 officials…
Intermediate Sanctions Regulations Checklist
Legal Compliance Guidance
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, which…
Covering Travel Expenses of Family Members
Legal Compliance Guidance
The Stewardship Principles for Family Foundations encourage foundations to provide orientation and training for new board members and professional development for existing board members and staff. They also encourage planning for leadership continuity through activities that identify, educate and…
Pros and Cons of Sharing Board Members With Grantees
Legal Compliance Guidance
What do you do when a grantee—or potential grantee—asks someone on your board or staff to sit on their board? Does such a request constitute a conflict of interest? Are there times when such a situation can actually benefit one or both of the organizations involved?
Let’s look at some of the pros…