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.
Scholarship Funds and PPA Compliance
Legal Compliance Guidance
Bringing Funds Into Compliance
The Pension Protection Act of 2006 (PPA) includes the first comprehensive regulation of donor-advised funds. For the first time, donor-advised funds are legally defined. The legal definition is important for grantmakers that operate various kinds of component funds,…
Prohibited Benefits from Donor Advised Funds
Fundamentals, Legal Compliance Guidance
Donors and advisors are prohibited from receiving more than incidental benefits from grants made from their advised funds. Penalties apply to those who received a prohibited benefit, to those who recommended the grant, and, in some situations, to fund managers who approved the recommendation.
Who…
Tax Reporting for Organizations that Hold Donor-Advised Funds
Legal Compliance Guidance
If our organization holds donor-advised funds, what information must we provide on Form 990?
A sponsoring organization, such as a community foundation, must disclose on Schedule D, Part I of its 990 the following information:
Number of donor-advised funds owned;
Aggregate value of assets held in…
Intermediate Sanctions for Donor Advised Funds and Sponsoring Organizations
Fundamentals, Legal Compliance Guidance
The Pension Protection Act of 2006 created new categories of disqualified persons for donor advised funds and sponsoring organizations under the intermediate sanctions rules.
Categories of Disqualified Persons Created under the PPA
Donors and donor advisors with regard to transactions with the…
Excess Business Holdings Rules for Donor Advised Funds
Legal Compliance Guidance
Under the Pension Protection Act of 2006 (PPA), the private foundation excess business holdings rule applies to donor-advised funds as if they were private foundations.1 That is, the holdings of a donor-advised fund in a business enterprise, together with the holdings of persons who are…
Council Summary: Congressional Research Service Report on Donor-Advised Funds
Legal Compliance Guidance
The Congressional Research Service issued a 2012 report on charitable giving and donor-advised funds. Using data from Form 990, the report updates to 2008 some of the statistical information about donor-advised funds that was included in the 2011 Treasury report on donor-advised funds. However, the…
Attracting Contributions from Private Foundations
Legal Compliance Guidance
The legal and tax implications for community foundations accepting donations from private foundations, and qualifying distributions of taxable expenditures. Additional insight into converting a private foundation into a supporting organization of a community foundation.
Substantiating Contributions to Donor-Advised Funds
Legal Compliance Guidance, Fundamentals
What requirements must our foundation follow for substantiating contributions to donor-advised funds?
To claim a charitable, gift or estate tax deduction for any contribution to a donor-advised fund, donors must obtain a contemporaneous written acknowledgement from the sponsoring organization that…
State Charitable Solicitation Compliance
External Resource, Legal Compliance Guidance
Most states have registration and/or reporting laws that apply to nonprofit organizations soliciting contributions within the state. Information about registration is available through individual states or the Multi-State Filer Project.
Conducting a Raffle Fundraiser
Legal Compliance Guidance
Community foundations occasionally consider conducting a raffle as a way to raise money for a particular fund. The plan may be to do a raffle as a standalone fundraiser or as part of another community foundation event. In many cases, donors approach community foundations asking to conduct the…
IRS Publication 1771: Charitable Contributions–Substantiation and Disclosure Requirements
External Resource
Explains the federal tax law for organizations such as charities and churches that receive tax-deductible charitable contributions, and for taxpayers who make contributions.
Rules Governing Non-Component Funds
Legal Compliance Guidance
Historical background of non-component and donor-directed funds.
Returning Contributions to Donors
Fundamentals
Community foundations occasionally receive a request for money back from donors of advised funds and organizations that have established designated funds or agency endowments. This article discusses why the proper answer is a firm "no"—and some polite ways to communicate the community foundation's…
Creating a Donor-Initiated Fundraising Policy
Sample Document
Community foundations are often faced with requests from donors or local volunteers who wish to express their support by raising money for the community foundation or for a particular fund. When volunteers engage in fundraising activities on behalf of the community foundation (a practice called…
IRS Publication 4302: A Charity's Guide to Car Donations
Legal Compliance Guidance, External Resource
Types of car donation programs and their impact on tax-exempt status, taxable income, and deductible contributions.
Gifts of Tangible Personal Property
Legal Compliance Guidance
A donor is considering starting a fund at the community foundation using a piece of jewelry instead of a cash gift. The jewelry cost her $1,000 (35 years ago) and is now worth $20,000. May the community foundation accept the gift? What documentation must the community foundation prepare? From the…
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