Tax Planning and Compliance for Tax-Exempt Organizations, Fifth Edition 2014 Cumulative Supplement
by Jody Blazek
CHAPTER 12
Private Foundations—General Concepts
§ 12.2 Special Rules Pertaining to Private Foundations
*(a) Types of Private Foundations
*(c) Definition of Special Terms
§ 12.4 Termination of Private Foundation Status
*(d) Conversion of Private Foundation into a Public Charity
§ 12.2 Special Rules Pertaining to Private Foundations
(a) Types of Private Foundations
*p. 280. Add to footnote 18:
Also see §15.4(b) and §53.4942(a)-3(c)(2)(iv).
(c) Definition of Special Terms
p. 282. Add after second sentence in Substantial Contributor paragraph:
For self-dealing purposes only, this term does not include any charitable organization, including a private foundation.1
*p. 284. Add at end of Other Disqualified Persons paragraph:
The self-dealing prohibition extends to transactions or other arrangements between a corporate foundation and the for-profit business that is related to it, except for a case in which the positive public recognition accorded a for-profit company due to the charitable activities of its corporate foundation is not the type of private benefit that is a transgression of the self-dealing rules.
The directors and officers of a for-profit organization that controls a corporate foundation are not, by statute, disqualified persons (for that reason) with respect to the foundation. If, however, employees of the for-profit organization are significantly involved in the management of a related corporate foundation on a day-to-day basis, the IRS might assert ...
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