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Private Foundation Compliance: Taxable Expenditures

Contains material from Feb 2020

Private Foundation Compliance: Taxable Expenditures
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Session 1: Funding and Conducting Advocacy: Flashpoints for Private Foundations - Hear the key legal considerations for private foundations that are involved in conducting or funding advocacy. These include the IRS lobbying rules, other federal and state lobbying rules, personal versus professional activities of staff, and special considerations around elections.

Session 2: Taxable Expenditure Flashpoints - Managing private foundation expenditures is not always intuitive. Despite charitable intentions, funding entities other than public charities require Expenditure Responsibility steps which are often missed. Individual grants for disaster or poverty relief, awards for achievement, or research of social issues require documentation of exempt purpose unlike travel or study support that require Pre-IRS approval. Even if a foundation thinks it is maintaining ER and evidence of charitable nature of its spending, missteps result in a taxable expenditure and excise tax can be imposed. How a foundation properly corrects such missteps is challenging and needed to avoid the second tier tax.  
 

Includes: Audio Paper Slides


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1. Funding and Conducting Advocacy: Flashpoints for Private Foundations (Feb 2020)

Kimberly Eney, Elizabeth Peters

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(mp3)
47 mins
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2 pgs
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2 pgs
(pdf)
15 pgs
Session 1 —47 mins
Funding and Conducting Advocacy: Flashpoints for Private Foundations (Feb 2020)

Hear the key legal considerations for private foundations that are involved in conducting or funding advocacy. These include the IRS lobbying rules, other federal and state lobbying rules, personal versus professional activities of staff, and special considerations around elections.

Originally presented: Jan 2020 Nonprofit Organizations Institute

Kimberly Eney, Latham & Watkins LLP - Washington, DC
Elizabeth Peters, The William and Flora Hewlett Foundation - Menlo Park, CA

Show session details

2. Taxable Expenditure Flashpoints (Feb 2020)

Kelli Archibald, Jody Blazek

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Download session materials for offline use

(mp3)
43 mins
(pdf)
32 pgs
Session 2 —43 mins
Taxable Expenditure Flashpoints (Feb 2020)

Managing private foundation expenditures is not always intuitive. Despite charitable intentions, funding entities other than public charities require Expenditure Responsibility steps which are often missed. Individual grants for disaster or poverty relief, awards for achievement, or research of social issues require documentation of exempt purpose unlike travel or study support that require Pre-IRS approval. Even if a foundation thinks it is maintaining ER and evidence of charitable nature of its spending, missteps result in a taxable expenditure and excise tax can be imposed. How a foundation properly corrects such missteps is challenging and needed to avoid the second tier tax.  

Originally presented: Jan 2020 Nonprofit Organizations Institute

Kelli Archibald, Ernst & Young LLP - Phoenix, AZ
Jody Blazek, Blazek & Vetterling - Houston, TX