The NonProfit Times - Weekly

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FAOUNDATIONS:

  1. What’s taxable, what isn’t
  2. EuroPartnerships

NPT Weekly - Current Issue

1.Foundations - What’s taxable, what isn’t

Nonprofits must always be aware of Internal Revenue Service (IRS) regulations, and Section 4945(d) of the tax code identifies several categories of taxable expenditures by foundations.

Douglas Mancino has outlined several of these in the book Foundation Management , identifying several categories of taxable and nontaxable expenditure. Among the taxable expenditures are:

  • Lobbying. This means any amounts paid or incurred by a private foundation to carry on propaganda or otherwise attempt to influence legislation. The regulations under Section 4945 incorporate the definitions of “attempts to influence legislation” contained in Section 4911.

  • Electioneering and voter-registration activities. A private foundation is considered to be influencing the outcome of a specific public election if it participates in or intervenes, directly or indirectly, in any political campaign on behalf of or in opposition to any candidate for public office.

Among the expenditures that are not taxable:

  • Grants to public charities. In general, the primary responsibility of the private foundation in connection with its proposed grants to public charities is to establish that the organization is in fact a qualified public charity.

  • Grants to other private foundations. Such grants are not taxable expenditures, provided they exercise expenditure responsibility for the grants.

  • Grants to non-charitable organizations. This is permissible, as long as the grant is intended to further a charitable, educational, scientific or other exempt purpose.

  • Grants to individuals. These are allowed if they are meant to accomplish charitable, educational or scientific purposes, but additional steps must be taken if the money will be sued for travel, study or similar purposes.

2. EuroPartnerships

Foundations have engaged in a range of leadership and partnership activities with charities, businesses and public authorities at the local, national, European and global levels.

According to information from the European Foundation Centre, such partnerships can represent a very attractive option for the following four principal reasons:

  • Foundations give a human dimension to public actions -- in other words, they focus on the rule of law and civil society, respect for minority rights, freedom of the media, tolerance and pluralism and can reach parts of society that government cannot reach.

  • They have the ability to work in a long-term perspective, unlike government officials, for-profit companies and fundraising associations facing shorter-term considerations and needs. Thus foundations are able to experiment and take risks. In doing so, they are in a position to provide flexible social venture capital for citizens supporting and acting through charities and other forms of nonprofit entities to develop useful models for long-term public action.

  • They can enter into joint funding partnerships wherein every euro of funding goes to the recipient. Foundations are unique in their financial independence that is in stark contrast with other nonprofit bodies that do not have their own resources to cover their administrative costs.

  • They can complement public authorities and the private sector or add resources where the latter are unable to operate because of legal or other restrictions.




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