Nonprofit Law Matters

Tag Archives: private foundation

Final PRI Regulations Released

Posted in Grantmaking & Social Investing, Private Foundations, Social Enterprise

The Treasury Department and Internal Revenue Service yesterday released final regulations on private foundation program-related investments. These regulations put in final form nine examples of investments that qualify as PRIs, initially proposed by the IRS in 2012. The White House has been enthusiastic about impact investing as a tool to further social and charitable objectives,… Continue Reading

Proposition C Impacts Nonprofit Organizations Lobbying in San Francisco

Posted in Nonprofit Governance & Ethics, Public Charities, Tax Treatment of Lobbying & Political Activities, Unions, Associations, Clubs & Other Tax-Exempt Organizations

The City and County of San Francisco’s lobbying ordinance (Campaign and Governmental Conduct Code §§2.100-155) currently requires any person influencing local legislative or administrative actions through contacts with city officials or their staff to register with the Ethics Commission, but the ordinance provides an exemption for certain nonprofits (all 501(c)(3)s and some smaller 501(c)(4)s). The… Continue Reading

Treasury Releases Final Regulations for Private Foundations Making International Grants Using Foreign Public Charity Equivalence Determinations

Posted in Grantmaking & Social Investing, International Charitable Transactions & Operations, Private Foundations

Treasury will release tomorrow final regulations regarding private foundations and their use of a process called “foreign public charity equivalence” or “equivalency determination.” Treasury’s hope in issuing these regulations is to facilitate international grantmaking while ensuring that foundation equivalency determinations are appropriately made. Background and 2012 proposed regulations. As explained in a prior post, before… Continue Reading

IRS Clarifies Position on Private Foundation Mission-Related Investments Under Section 4944

Posted in Grantmaking & Social Investing, Private Foundations, Social Enterprise

In Notice 2015-62 issued on Tuesday, the IRS explained that a private foundation and its managers will not necessarily be penalized under Internal Revenue Code Section 4944 for a mission-related investment that does not qualify as a program-related investment (PRI) and that offers a lower return than more standard alternatives, since a foundation’s charitable purposes… Continue Reading

A Smart Pitch for Nonprofit Advocacy

Posted in Grantmaking & Social Investing, Private Foundations, Public Charities, Tax Treatment of Lobbying & Political Activities

Campion Foundation Trustee Sonya Campion recently made an intelligent pitch for private foundation directors, and their institutions, to arm themselves with knowledge about the rules governing advocacy by foundations and their grantees, and to use the powerful tools that the tax code provides for funding change.  We couldn’t agree more! Want to get started?  These free… Continue Reading

Philanthropic Facilitation Act Encourages Program-Related Investments

Posted in Grantmaking & Social Investing, Private Foundations, Social Enterprise

The Philanthropic Facilitation Act recently was introduced in the House of Representatives by co-sponsors Cory Gardner (R-CO) and Jared Polis (D-CO).  The Act would amend the Internal Revenue Code to create a voluntary review process by which the Internal Revenue Service would determine whether specific investments qualify as a private foundation program-related investment (PRI). Expedited approval… Continue Reading

Foreign Public Charity Equivalence Repository Launched by Council on Foundations and TechSoup

Posted in Grantmaking & Social Investing, Private Foundations, Public Charities

In the wake of new private foundation regulations, I had previously written about the concept of foreign public charity equivalence repositories.  Our client TechSoup announced yesterday that their repository, built in collaboration with Council on Foundations, is now up and running. It is always exciting to see a client’s hard work come to fruition.

Secretary Clinton Says Proposed Regulations “Clear the Way” for Equivalency Repositories

Posted in Grantmaking & Social Investing, International Charitable Transactions & Operations, Private Foundations, Public Charities

Private foundations making grants directly to foreign organizations generally must use one of two grantmaking procedures―expenditure responsibility or foreign public charity equivalency (“FPCE” for short).  In FPCE, a grantor makes a good faith determination, based on an affidavit of the grantee or on an opinion of counsel, that the foreign charity meets the basic 501(c)(3) public… Continue Reading

IRS Releases Proposed Regulations for Private Foundations

Posted in Grantmaking & Social Investing, International Charitable Transactions & Operations, Private Foundations

The Department of the Treasury and the IRS have just released proposed regulations for private foundations.  Here’s a look at what they say. Expanding class of tax practitioners on whose opinions private foundations can rely for foreign public charity equivalency.  Currently, private foundations wishing to make grants to non-U.S. charities generally have to exercise expenditure responsibility… Continue Reading

New Developments affecting Private Foundation Confirmation of Grantee Charity Status

Posted in Grantmaking & Social Investing, Private Foundations, Public Charities

As has been publicized recently, the IRS has a new web search tool, “Exempt Organizations Select Check.”  This tool allows users to search for organizations that are eligible to receive tax-deductible contributions (the Publication 78 data), as well as organizations that have been automatically revoked for non-filing (the “auto-revoke list”).    This data is, among other… Continue Reading

New Guidance from the IRS on Program-Related Investments

Posted in Grantmaking & Social Investing, Private Foundations, Social Enterprise

Yesterday, the Internal Revenue Service released proposed regulations providing new guidance to private foundations regarding program-related investments.  The regulations offer nine new examples illustrating a wide range of investments that can qualify as PRIs.  These nine new examples illustrate certain general principles, such as the following:   Charitable purposes that may be accomplished through a PRI are broad… Continue Reading

Form 8940 Requests and Other Recent Dealings with the IRS

Posted in Private Foundations, Public Charities, Religious Institutions

For several months now, the new IRS Form 8940 has been available for use by Section 501(c)(3) charities (and nonexempt charitable trusts) in filing a variety of requests with the IRS.  The form can be used to request (a) advance approval of certain set-asides described in Section 4942(g)(2) of the Internal Revenue Code, (b) advance approval… Continue Reading