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Private foundation comparison

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Private foundation comparison

There are many reasons for your clients to set up a charitable fund at the Delaware Community Foundation rather than establishing their own private foundation. Ten reasons are listed below. For additional information, see the chart that compares charitable giving through a community foundation and a private foundation.

If your client already has a private foundation, they may want to examine the option of transferring the private foundation to a fund at the Delaware Community Foundation.

Please contact Jane Vincent, Senior Vice President for Development, at 302/504-5237 or jvincent@delcf.org to learn more about the benefits of a DCF fund for your client.

Ten Reasons to Set Up a Fund at the DCF rather than a Private Foundation

1. A fund at the Delaware Community Foundation is easy and inexpensive to establish. A private foundation requires a donor to create a new organization, apply for tax-exempt status, pay filing fees and incur legal and accounting expenses.

2. A gift of cash to a fund at the Delaware Community Foundation allows a deduction of up to 50% of a donor's Adjusted Gross Income (AGI). A gift of cash to a private foundation allows a donor to deduct up to 30% of AGI.

3. By creating a fund at the Delaware Community Foundation, a donor may deduct gifts of closely held long-term appreciated stock at its fair market value, up to 30% of AGI. If the same gift is given to a private foundation, deductibility may be limited to its cost basis up to 20% of AGI.

4. No tax is imposed on the investment income of a Delaware Community Foundation fund because the DCF is a public charity. A private foundation pays up to 2% federal excise tax on its investment income and net realized capital gain.

5. A donor to a DCF fund may remain anonymous. A private foundation must make available to the public the name and address of any substantial contributor.

6. There are no minimum distribution requirements for a Delaware Community Foundation fund. A private foundation must distribute annually at least 5% of its net investment assets, regardless of whether the amount is actually earned.

7. There are fewer restrictions on a Delaware Community Foundation fund. There are strict regulations regarding self-dealing between a private foundation and those who manage, control, or contribute to it and persons or corporations closely related to them. For example, a private foundation, along with its donor and other "disqualified persons" (including members of the board and staff), may not hold more than 20% of a related corporation's voting stock.

8. There are fewer investment restrictions on Delaware Community Foundation funds. A private foundation may not make certain types of investments. For example, the Community Foundation may hold more than a 20% ownership in a particular corporation, but private foundations may not.

9. There are fewer IRS reporting requirements on Delaware Community Foundation grants and funds.

10. Gifts from a Delaware Community Foundation fund are almost always considered "public support," thus helping the recipient charity retain its public charity status. A private foundation grant is usually not considered "public support" in its entirety and, thus, may not be as helpful to the recipient charity in retaining its public charity status.

 

 
 
 

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Please mail comments, corrections or suggestions to info@delcf.org