Because private foundations are
by definition private (i.e., no public board of directors), they
are under the most scrutiny from the Internal Revenue Service. In
addition to considerable compliance filing requirements with federal
and state tax authorities, they must distribute at least 5 percent
of their assets annually and pay 1 percent to 2 percent tax on investment
income. Tax deductions are limited to 30 percent of adjusted gross
income of the donor (versus 50 percent in other vehicles) and nonliquid
assets are deducted at cost (versus at fair market value for other
vehicles). Operating costs tend to be in the 3 percent to 4 percent
range.
So what's the appeal? Well, like the old "Millionaire"
TV show, a private foundation can make grants to individuals. You can also name
family members as directors. And should you need a large deduction (say, from
a bonus or IPO), you can put your windfall into your private foundation, take
the deduction and only have to relinquish control of 5 percent of it immediately.
But Hastings says the freedom of a private foundation comes
with a considerable price tag.
"Any estate planner won't recommend them unless
you're willing to part with at least $10 million and more like $20
million. That's the threshold to start one," he says.
Donors who prefer the freedom of a private foundation
without having to build one from the ground up might prefer a supporting
organization. These hybrid vehicles operate much like a foundation
but under the umbrella of a specific public charity. Some of the
names mentioned on televised Public Broadcasting System fundraisers
may be supporting organizations of PBS, for example. Entry threshold
for an SO is in the $10-million range, says Hastings.
Beverly Hills estate planning attorney Jon Gallo says
for some clients, foundations and family go well together.
"It's
a wonderful way to give kids from affluent families a sense of stewardship. This
money is something that we're fortunate to have, and part of what we do with our
money is to use it to help other people."
Donor-advised
revolution
The less affluent will instead want to consider donor-advised funds,
88,000 strong and growing at an annual rate of 9 percent. With $14
billion in assets under management, DAFs are the charitable equivalent
of the mutual fund revolution in the stock market, giving donors
the ability to direct their philanthropy at an entry point as low
as $10,000 without all the paperwork and compliance issues of a
foundation.
Here's how a donor-advised fund works: You make
a donation to, say, a community foundation, they create a fund under
your name and manage the investment for you and you take an immediate
tax deduction (up to 50 percent of your adjusted gross income).
For instance, if your AGI is $100,000 and you donate $60,000, you
can deduct $50,000. There is no tax on earnings. Better still, many
DAFs, including those offered by NPT, accept a wide range of assets,
including appreciated securities, real estate, restricted stock,
proceeds from life insurance and even foreign securities, which
are deductible at fair market value, not cost.
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