[eBook Code] The Tax Law of Private Foundations (eBook Code, 5th)

· 제목 : [eBook Code] The Tax Law of Private Foundations (eBook Code, 5th) 
· 분류 : 외국도서 > 경제경영 > 비영리 기구 > 일반
· ISBN : 9781119512592
· 쪽수 : 800쪽
· 출판일 : 2018-09-19

Preface xiii

Book Citations xix

1 Introduction to Private Foundations 1

§1.1 Private Foundations: Unique Organizations 1          

§ 1.2 Definition of Private Foundation 4

§ 1.3 Background 5

§ 1.4 Private Foundation Law Primer 8

§ 1.5 Foundations in Overall Exempt Organizations Context 15

§ 1.6 Definition of Charity 16

§ 1.7 Operating for Charitable Purposes 17

§ 1.8 Organizational Rules 21

§ 1.9 Private Foundation Sanctions 24

§ 1.10 Statistical Profile 28

2 Starting, Funding, and Governing a Private Foundation 29

§ 2.1 Choice of Organizational Form 30

§ 2.2 Funding a Foundation 31

§ 2.3 Estate Planning Principles 33

§ 2.4 Foundations and Planned Giving 34

§ 2.5 Acquiring Recognition of Tax-Exempt Status 39

§ 2.6 Special Requirements for Charitable Organizations 61

§ 2.7 When to Report Back to the IRS 63

§ 2.8 Governance 71

3 Types of Private Foundations 85

§ 3.1 Private Operating Foundations 85

§ 3.2 Exempt Operating Foundations 107

§ 3.3 Conduit Foundations 107

§ 3.4 Common Fund Foundations 109

§ 3.5 Research and Experimentation Funds 110

§ 3.6 Other Types of Foundations 111

§ 3.7 Nonexempt Charitable Trusts 112

§ 3.8 Split-Interest Trusts 115

§ 3.9 Foreign Private Foundations 117

4 Disqualified Persons 121

§ 4.1 Substantial Contributors 121

§ 4.2 Foundation Managers 124

§ 4.3 Certain 20 Percent Owners 124

§ 4.4 Family Members 127

§ 4.5 Corporations or Partnerships 128

§ 4.6 Trusts or Estates 128

§ 4.7 Private Foundations 129

§ 4.8 Governmental Officials 129

§ 4.9 Termination of Disqualified Person Status 131

5 Self-Dealing 135

§ 5.1 Private Inurement Doctrine 137

§ 5.2 Private Benefit Doctrine 140

§ 5.3 Definition of Self-Dealing 146

§ 5.4 Sale, Exchange, Lease, or Furnishing of Property 150

§ 5.5 Loans and Other Extensions of Credit 163

§ 5.6 Payment of Compensation 167

§ 5.7 Indemnification and Insurance 182

§ 5.8 Uses of Income or Assets by Disqualified Persons 188

§ 5.9 Sharing Space, People, and Expenses 200

§ 5.10 Payments to Government Officials 204

§ 5.11 Indirect Self-Dealing 206

§ 5.12 Property Held by Fiduciaries 212

§ 5.13 Early Terminations of Charitable Remainder Trusts 218

§ 5.14 Additional Exceptions 219

§ 5.15 Issues Once Self-Dealing Occurs 221

6 Mandatory Distributions 235

§ 6.1 Distribution Requirements—In General 235

§ 6.2 Assets Used to Calculate Minimum Investment Return 237

§ 6.3 Measuring Fair Market Value 247

§ 6.4 Distributable Amount 255

§ 6.5 Qualifying Distributions 257

§ 6.6 Distributions to Certain Supporting Organizations 279

§ 6.7 Satisfying the Distribution Test 281

§ 6.8 History of the Mandatory Distribution Requirement 288

7 Excess Business Holdings 293

§ 7.1 General Rules 293

§ 7.2 Permitted and Excess Holdings 300

§ 7.3 Functionally Related Businesses 306

§ 7.4 Philanthropic Businesses 310

§ 7.5 Rules Applicable to Certain Supporting Organizations 310

§ 7.6 Rules Applicable to Donor-Advised Funds 311

§ 7.7 Excise Taxes on Excess Holdings 311

8 Jeopardizing Investments 315

§ 8.1 General Rules 316

§ 8.2 Prudent Investments 321

§ 8.3 Program-Related Investments 331

§ 8.4 Investment Frauds 336

§ 8.5 Excise Taxes for Jeopardizing Investments 340

9 Taxable Expenditures 345

§ 9.1 Legislative Activities 347

§ 9.2 Political Campaign Activities 356

§ 9.3 Grants to Individuals 359

§ 9.4 Grants to Public Charities 380

§ 9.5 Grants to Exempt Operating Foundations 384

§ 9.6 Grants to Foreign Organizations 385

§ 9.7 Expenditure Responsibility 388

§ 9.8 Internet and Private Foundations 399

§ 9.9 Spending for Noncharitable Purposes 404

§ 9.10 Distributions to Certain Supporting Organizations 408

§ 9.11 Excise Tax for Taxable Expenditures 408

10 Tax on Investment Income 415

§ 10.1 Rate of Tax 416

§ 10.2 Reducing Excise Tax 417

§ 10.3 Formula for Taxable Income 422

§ 10.4 Reductions to Gross Investment Income 432

§ 10.5 Foreign Foundations 438

§ 10.6 Exemption from Tax on Investment Income 440

11 Unrelated Business Activity 441

§ 11.1 General Rules 442

§ 11.2 Exceptions 451

§ 11.3 Rules Specifically Applicable to Private Foundations 459

§ 11.4 Unrelated Debt-Financed Income Rules 469

§ 11.5 Calculating and Reporting the Tax 474

12 Tax Compliance and Administrative Issues 479

§ 12.1 Successful Preparation of Form 990-PF 482

§ 12.2 Reports Unique to Private Foundations 501

§ 12.3 Compliance Issues 522

13 Termination of Foundation Status 567

§ 13.1 Voluntary Termination 569

§ 13.2 Involuntary Termination 571

§ 13.3 Transfer of Assets to a Public Charity 572

§ 13.4 Operation as a Public Charity 580

§ 13.5 Mergers, Split-Ups, and Transfers Between Foundations 581

§ 13.6 Termination Tax 595

§ 13.7 Abatement 597

14 Charitable Giving Rules 599

§ 14.1 Concept of Gift 599

§ 14.2 Basic Rules 602

§ 14.3 Gifts of Appreciated Property 604

§ 14.4 Deductibility of Gifts to Foundations 605

§ 14.5 Qualified Appreciated Stock Rule 606

§ 14.6 Deduction Reduction Rules 608

§ 14.7 Special Gift Situations 609

§ 14.8 Planned Giving Revisited 612

§ 14.9 Administrative Considerations 613

15 Private Foundations and Public Charities 621

§ 15.1 Distinctions between Public and Private Charities 622

§ 15.2 Evolution of Law of Private Foundations 624

§ 15.3 Organizations with Inherently Public Activity 626

§ 15.4 Publicly Supported Organizations—Donative Entities 633

§ 15.5 Service Provider Organizations 645

§ 15.6 Comparative Analysis of Categories of Publicly Supported Charities 655

§ 15.7 Supporting Organizations 658

§ 15.8 Change of Public Charity Category 688

§ 15.9 Noncharitable Supported Organizations 689

§ 15.10 Relationships Created for Avoidance Purposes 690

§ 15.11 Reliance by Grantors and Contributors 691

§ 15.12 Other Rules 693

§ 15.13 Public Safety Organizations 694

§ 15.14 Termination of Public Charity Status 694

16 Donor-Advised Funds 697

§ 16.1 Basic Definitions 698

§ 16.2 General Concept of a Gift 699

§ 16.3 Types of Donor Funds 701

§ 16.4 IRS Challenges to Donor Funds 704

§ 16.5 Prohibited Material Restrictions 705

§ 16.6 Department of Justice Position 709

§ 16.7 Public Charity Status of Funds 710

§ 16.8 Interrelationship of Private Foundation Rules 712

§ 16.9 Statutory Criteria 714

§ 16.10 Department of Treasury Study 717

§ 16.11 Congressional Research Service Study 717

§ 16.12 Tax Regulations 721

17 Corporate Foundations 729

§ 17.1 Corporate Foundation Overview 729

§ 17.2 Reasons for Establishment of a Corporate Foundation 731

§ 17.3 Private Inurement Doctrine 731

§ 17.4 Disqualified Persons Rules 732

§ 17.5 Self-Dealing Rules 733

§ 17.6 Other Private Foundations Rules 743

About the Authors 747

About the Online Resources 751

Index 753