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COMPARING PHILANTHROPIC VEHICLES: Taxes and Charitable Contributions LEGAL COUNSEL FOR PHILANTHROPY AND THE NONPROFIT SECTOR

COMPARING PHILANTHROPIC VEHICLES: Taxes and Charitable Contributions


INFORMATION AND RESOURCES ON NONPROFIT LAW & REGULATION
      NONPROFIT LAW LIBRARY     STATE-BY-STATE REGISTRATION & COMPLIANCE

Comparing Philanthropic Vehicles: Taxes and Charitable Contributions

Public Charity Status Donor Advised Funds (DAF/PC) Public Charity (PC) Private Operating Foundation (POF) Private Nonoperating Foundation (PF)
Exempt from income taxes? Yes Yes Yes Yes
Contributions Tax-Deductible? Yes (for itemizers) Yes (for itemizers) Yes (for itemizers) Yes (for itemizers)
Tax Deductibility DAFs are afforded the same generous tax-deductibility limits as PCs. This includes deductions of up to 50% or 60% (in 2023 and 2024) of adjusted gross income for gifts of cash and deductions of up to 30% of AGI for gifts of appreciated, publicly traded securities. PCs are afforded the most generous tax-deductibility limits. This includes deductions of up to 50% or 60% (in 2023 and 2024) of adjusted gross income for gifts of cash and deductions of up to 30% of AGI for gifts of appreciated, publicly traded securities. POFs are afforded the same generous tax-deductibility limits as PCs. This includes deductions of up to 50% or 60% (in 2023 and 2024) of adjusted gross income for gifts of cash and deductions of up to 30% of AGI for gifts of appreciated, publicly traded securities. Gifts to PFs have lower limits when it comes to tax deductibility. Cash gifts are deductible up to 30% of adjusted gross income and gifts of appreciated, publicly traded securities are deductible up to 20% of AGI.
Minimum Distribution Requirement? No No. Public charities are not subject to excise tax regulations. Many (most) nonprofits will incur expenses directly for the conduct of exempt activities, this is not a requirement. Some organizations may accomplish their exempt purposes incurring no or virtually zero expenses (e.g. via volunteers) No. POFs are not subject to the minimum distribution requirement – primarily because they are required to expend funds on programmatic activities to maintain their POF status. Yes. PFs must pay out 5% of their net investment assets annually. Typically, this takes the form of grants to US-based public charities.
Subject to Excise Tax? No No. Public charities are not subject to the annual excise tax. Yes. Most POFs are subject to this tax but some may be exempt. Yes. PFs must pay an annual excise of 1.39% of their net investment income.
Subject to Excise Tax Regulations? No No Yes, except there is no minimum distribution requirement. Some POFs may be exempt from the annual excise tax. Yes
= more restrictive

Other considerations: