Operating status
Different operating statuses affect donor deductibility and how a private foundation meets annual payout or spending requirements.
Private operating foundation status
Similar to public charities, private operating foundations provide better tax treatment for donors than private foundations and aren’t subject to the minimum required distribution.
If a foundation directly conducts charitable activities, it should evaluate whether it qualifies as a private operating foundation.
Operating status require two annual tests, an income test as well as one of the following alternative tests:
A foundation must meet both tests in three of the four most recent tax years or in the aggregate over those four years. Private foundations seeking to qualify as a private operating foundation should project if they’ll pass the tests and determine if they need to take any steps before or after year-end.
Conversion to a public charity
Public charities provide a more favorable charitable contribution deduction threshold. Unlike private foundations, they aren’t prohibited from engaging in certain activities with disqualified persons.
A foundation should consider converting to a public charity if it finds itself:
- Consistently receiving contributions from multiple donors — not only the founding individual or corporation
- Holding fundraising events
- Meeting the support test as an operating foundation
Conduit foundation status
A private foundation qualifies as a conduit foundation for the purpose of donor-deduction limits if it makes qualifying distributions within two and a half months of tax year-end equal to 100% of the contributions received in that same year.
Once a private foundation qualifies as a conduit foundation, its donors can adhere to the adjusted gross income limitation of 60% imposed on cash contributions to public charities — effective for tax years beginning in 2022 — rather than the 30% limit for private foundation contributions.
The requirements for treatment as a conduit foundation must be met on an annual basis, and the foundation must have no undistributed income remaining for the tax year in which the status applies.
Grantmaking
After the June 2023 U.S. Supreme Court’s landmark decision that rejected affirmative action at colleges and universities around the nation, scrutiny of diversity programs has increased. The court held that the race-conscious admission programs at Harvard and the University of North Carolina violated the Equal Protection Clause, and by extension, Title VI, because their practices of considering race when making college admissions decisions weren’t narrowly tailored to serve a compelling interest.
Looking forward
Private foundations may seek help to address tax compliance, mitigate consulting issues, and benefit from regulation developments. For example, important resources like a planning analysis can help your private foundation forecast up to 20 years into the future to plan for your minimum distribution requirements.
Planning analysis benefits
A planning analysis can help your foundation:
- Gain insight into necessary actions your foundation can take — based on its specific goals — to meet payout requirements and comply with applicable regulations
- Run minimum distribution requirement estimates based on a variety of selection criteria, such as investment-return rates or large contributions to the foundation
This analysis can provide a full view of your foundation’s minimum distribution requirements environment, helping you better manage your distributions as your investment and donor mix evolves. It can also help you navigate the challenges of investing your foundation’s assets.