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How a private foundation compares to other charitable organizations.
A private foundation is a type of charitable organization that is typically established by an individual, family or corporation to support charitable activities. A board of directors or trustees oversees a private foundation and is responsible for receiving charitable contributions, managing and investing charitable assets, and making grants to other charitable organizations. It is also responsible for filing tax returns and other administrative reporting requirements.
The IRS classifies every section 501(c)(3) organization as either a private foundation or a public charity. A private foundation is typically controlled and funded by an individual or family: The Bill & Melinda Gates Foundation is a well-known example. A private foundation is also subject to more-stringent tax laws and regulations than public charities. There are two types of private foundations:
Non-operating foundations are the most common type of private foundation, and they can be organized in a variety of ways. For example, a non-operating family foundation typically represents the assets and interests of a single family, while an independent foundation, such as the Ford Foundation, is managed independently from the benefactor, the benefactor’s family or a corporation.
As the name implies, a public charity must get part of its support from the public, as required by the IRS. Unlike a foundation, a public charity’s board of directors must be composed of diverse members. Public charities comprise the majority of charitable organizations (such as hospitals, schools and homeless shelters), community foundations and charities that sponsor donor-advised fund programs, an alternative to a private foundation.
A donor-advised fund is a dedicated account for charitable giving that can be established under a name chosen by the donor, similar to a foundation. When you make an irrevocable gift to a donor advised fund, you are able to create a philanthropic legacy that offers grant-making flexibility, anonymity and advantageous tax deductions.
Donor-advised funds also offer streamlined recordkeeping because the sponsoring organization handles administrative reporting and other functions. Additionally, you can establish a donor-advised fund for significantly less than a private foundation. Some charities, like Fidelity Charitable, offer support and services for donors who make a generous philanthropic contribution to establish a donor-advised fund. In some cases, you may also consider using a donor-advised fund and a private foundation together for greater flexibility.
Learn more about donor-advised funds and how they work.
Establishing a private foundation can create a legacy beyond your lifetime and allow family members to be employed or serve as members of the board. In addition, with full control over grantmaking, you can support organizations other than 501(c)(3) public charities. By following IRS procedures, donors can make grants to charitable programs undertaken by individuals, scholarship programs and other entities, making a foundation one of the most flexible charitable vehicles when it comes to supporting certain types of giving.
Other benefits include:
In some cases, the tax treatment for contributions to a private foundation are less advantageous than the tax treatment of donations to public charities, including donor-advised funds.
There are several administrative and tax considerations to keep in mind before setting up a private foundation. In many cases, the tax treatment and costs of a donor-advised fund may be more favorable.
This chart provides a quick comparison of donor-advised funds, foundations and charitable trusts.
The task of establishing a private foundation may require the assistance of a CPA, lawyer or other advisors. Your advisors will initiate the process, which includes establishing the entity. This involves filing for tax-exempt status and other related administrative documents.
With the legal framework in place, you can focus on funding. The initial contribution generally comes from a single donor or very few donors—usually an individual, family or business. The contribution can include a variety of assets such as:
Real estate and private equity have different tax implications than other assets. Keep in mind that privately held assets may be limited to cost basis.
In theory, a private foundation can operate in perpetuity. In practice, later generations may not want to continue the foundation after the death of a founder, or family members may discover they want greater privacy in their charitable affairs. If a private foundation no longer delivers on what a family needs, there are options. For example, the foundation’s lawyer can dissolve the organization and transition the assets to a donor-advised fund or funds. However, it is wise to think through all the potential options and discuss with family members the intended lifespan of a foundation prior to creating one.
Donors thinking about establishing a private foundation should consider several factors before making this significant financial and legal commitment. For instance, you will need to immerse yourself in the foundation’s granting strategy. And you will need to help operate the foundation, including hiring staff and investment managers, managing grantmaking, and fulfilling all reporting requirements.
Private foundations are powerful giving vehicles, but they can be costly, time consuming and an administrative burden. If you and your family are interested in creating a charitable giving vehicle that is efficient, simple and impactful, you might want to consider alternatives like a donor-advised fund. It is a good idea to talk to your lawyer or other trusted advisors about your charitable planning and which option is best suited to your circumstances.
Since 1991, we have been helping donors like you support their favorite charities in smarter ways. We can help you explore the different charitable vehicles available and explain how you can complement and maximize your current giving strategy with a donor-advised fund. Join nearly a quarter million donors who choose Fidelity Charitable to make their giving simple and more effective.
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