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Legal Updates: Proposed Legislation for Private Foundation Minimum Distribution Requirements

A number of philanthropic leaders have voiced support for proposed legislation to increase the amount of distributions from private foundations and donor advised funds. Named the “Initiative to Accelerate Charitable Giving”,...more

Event Tickets May Constitute Self-Dealing

As private foundations and other charitable organizations look forward to the end of the coronavirus pandemic and the return of in-person events, it may be a good idea to review the self-dealing rules involving event tickets...more

Comparison of Private Foundation and Donor Advised Fund

Formation - Requires formation of a new corporation or trust; must apply for IRS exempt status. Simple application and donor advised fund agreement with sponsoring organization. ...more

Mission-Related Investments under Trust Law

As explored in a previous article, the IRS clarified that mission-related investments (MRIs) will not trigger the private foundation “jeopardy investment” rule (that is, a private foundation cannot make investments that would...more

Private Foundation Grants Used to Satisfy Personal Pledges May be Self-Dealing

Private foundations are subject to special rules relating to conflicts of interest. These are called “self-dealing” rules. These rules flatly prohibit transactions between interested persons (known as “disqualified persons”)...more

IRS Announces Plans to Increase Audits on High-Net-Worth Individuals and their Related Entities

At the end of June, the Commissioner of the IRS Large Business and International Division announced a new campaign to audit high-net-worth individuals and the entities (such as partnerships, corporations, trusts, and private...more

Mission-Related Investments Validated by IRS Notice 2015-62

Foundations, like many investors, are considering how to use their assets to both provide investment return and to promote their social and charitable causes (a strategy sometimes referred to as “social impact investing”). ...more

Seventh Circuit Examines Conflict of Interest Issue Relevant to Private Foundations

The board members or trustees of private foundations frequently serve on the boards of organizations that apply for and receive grants. This may present the possibility of a conflict of interest issue when the foundation...more

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