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The Directed Family Foundation
A Directed Family Foundation, also known as a supporting
organization, offers substantial control and improved tax benefits over
a private foundation. It is recognized as a qualified public charity under
IRS sections 501(c)(3) and 509(a)(3). With careful design, this family
foundation offers great control and flexibility if the donor is comfortable
running it as a separate organization. Families planning to use this model
of a foundation should retain qualified tax counsel (CPA and attorney)
that specialize in this arena.
The supporting organization has several benefits. First, it does have
all of the public charity benefits, such as the higher tax deductions
and the lack of the private foundation restrictions. The latter feature
enables the supporting organization to be run at very reasonable expense
without a significant administrative overhead. However, because it is
a stand-alone charity, it is required to file separate tax returns. Both
the donor and other members of the family may be appointed to the board
of directors.
At inception of the Directed Family Foundation, the donor must identify
the charities or causes that are to be supported. Once the charities are
chosen, there is generally no future deviation allowed. To increase the
grant-making flexibility of the supporting organization, it is advisable
to include a charitable foundations, such as Family Legacy Fund, as one
of the supported charities. This allows the directed family foundation
to make gifts to organizations that are not originally listed in the articles
of incorporation.
If Family Legacy Fund is named as one of the supported charities, the
Directed Family Foundation may take advantage of Family Legacy Funds
administration and compliance services (including the execution of the
required tax reports for nonprofit organizations) for a modest fee.
For more information on Directed Family Foundations, please call Family
Legacy Fund at 510-428-3363.
* THIS IS NOT LEGAL ADVICE. ANY PROSPECTIVE DONOR SHOULD SEEK THE ADVICE
OF A QUALIFIED LEGAL, ESTATE AND/OR TAX PROFESSIONAL TO DETERMINE THE
CONSEQUENCES OF HIS/HER GIFT.
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