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Tax Issues Stemming From Acts of Self-Dealing in Nonprofits and Private Foundations

Recording of a 90-minute premium CLE/CPE video webinar with Q&A

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Conducted on Tuesday, May 14, 2024

Recorded event now available

or call 1-800-926-7926

This CLE/CPE webinar will provide tax and nonprofit professionals a thorough and practical guide to nonprofit and private foundation self-dealing rules and potential tax implications. The panel will describe the federal income tax treatment and detailed requirements for nonprofits and private foundations, the general principles of self-dealing and consequences, and the impact on tax planning, reporting, and compliance.

Description

The increased control over distributions and enhanced income and transfer tax advantages have fueled the rise in nonprofits and private foundations as an estate planning vehicle. However, these entities are subject to self-dealing rules that can significantly impact tax planning strategies and must be considered to avoid costly mistakes.

Setting up a nonprofit or private foundation involves creating a separate exempt organization and contributing assets to such organization. Once established, for some assets the tax impact can be significantly reduced. However, these organizations must abide by strict self-dealing rules that prevent assets from being misappropriated for personal gain.

The self-dealing rules prohibit most forms of financial interactions between a nonprofit or private foundation and any disqualified person. Section 4941(d) defines "self-dealing," as "any direct or indirect furnishing of goods, services or facilities between a private foundation and a disqualified person;" however, if the goods, services, or facilities are provided at no charge and used exclusively for the purposes specified in IRC Section 501(c)(3), such transactions likely will not be considered "self dealing."

Listen as our experienced panel provides a thorough and practical guide to the federal income tax treatment and detailed requirements for nonprofits and private foundations, the general principles of self-dealing and potential consequences, and their impact on tax planning, reporting, and compliance.

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Outline

  1. Overview of IRS self-dealing rules
  2. Impact of self-dealing rules on tax planning and compliance
  3. Reporting requirements, operational risks, and opportunities
  4. Best practices in minimizing self-dealings and prohibited transactions

Benefits

The panel will review these and other key issues:

  • How does the IRS define "self-dealing" and "prohibited transactions" in nonprofits and private foundations?
  • How has the IRS responded to undistributed income and incidental and tenuous benefits received by disqualified persons?
  • How can you preserve private foundations by prohibiting self-dealing transactions?
  • How to overcome increased IRS scrutiny and potential audits

Faculty

Hill, Jennie
Jennie Hill

Attorney
Nonprofit Solutions

Ms. Hill holds a Bachelor of Arts in history from Macalester College, a Master of Social Work from University of...  |  Read More

Jurgena, Emmaline
Emmaline S. Jurgena

Associate
Foley & Lardner

Ms. Jurgena is an associate with Foley & Lardner LLP and a member of the firm’s Estate Planning...  |  Read More

Kohout, Jason
Jason J. Kohout

Partner
Foley & Lardner

Mr. Kohout is chair of the firm’s Family Offices Team and assists families and business owners in areas of tax...  |  Read More

Access Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. CPE credit is not available on recordings. All formats include course handouts.

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