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Private Foundations in Estate Planning: Overcoming IRS Scrutiny, Structuring Tax-Efficient Charitable Legacies

Minimizing Tax in Diversified Estates, Maximizing Charitable Impact, Navigating IRS Private Foundation Rules

A live 90-minute CLE/CPE video webinar with interactive Q&A

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This program is included with the Strafford CPE+ Pass. Click for more information.
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Thursday, July 10, 2025

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, June 13, 2025

or call 1-800-926-7926
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This CLE/CPE webinar will provide estate planning counsel with a thorough and practical guide to structuring private foundations as a component of an integrated estate plan. The panel will describe the federal income tax treatment of private foundations, detail operational requirements for maintaining a foundation, outline techniques to overcome IRS scrutiny, and discuss both inter vivos and post-mortem strategies for using a private foundation.

Description

Estate planners and advisers are increasingly turning to private foundations as a legacy tool for charitably minded clients. Long considered as reserved for wealthy donors, the increased control over distributions and enhanced income and transfer tax advantages have fueled the rise in private foundations as an estate planning vehicle.

Setting up a private foundation involves creating a separate exempt organization and contributing assets to the foundation. Once established, contributions to the foundation remove the assets' value from the donor's gross estate and qualify for a current-year charitable deduction.

For some assets, particularly IRAs and other retirement accounts and those that generate income for a decedent, the tax impact is significantly reduced compared to assets passed through a will or trust.

Operating a private foundation does not lack burden or risk: the entity must file an annual Form 990-PF return. The foundation may be subject to excise tax on unrelated business taxable income.

Additionally, there are rules against "prohibited transactions" and "self-dealing" with related persons. However, structured correctly, a private foundation may pay compensation--even to family members of the donor--so long as the compensation is "reasonable."

Listen as our experienced panel provides a thorough and practical guide to the operations, benefits, and potential risks of using private foundations as estate planning tools. The panel will offer techniques in avoiding and managing IRS audits relating to private foundations.

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Outline

  1. Income and transfer tax benefits and treatment of contributed property
  2. Ideal assets to contribute and not contribute to a private foundation
  3. Establishing a private foundation
  4. Reporting requirements, operational risks, and opportunities

Benefits

The panel will review these and other key issues:

  • Which asset transfers provide the most income and transfer tax benefits when gifted to a private foundation?
  • What are the tax treatment differences between private foundations and donor advised funds?
  • Scenarios for post-mortem planning using private foundations to lessen the impact of income in respect of a decedent
  • What are the operational challenges for a private foundation?
  • How to overcome increased IRS scrutiny and potential audit of a private foundation

Faculty

Bartlett, Stefania
Stefania L. Bartlett
Director
CliftonLarsonAllen

Ms. Bartlett specializes in trusts and estates, providing planning and compliance services related to fiduciary income...  |  Read More

Santoro, Cara
Cara Howe Santoro
Attorney
Holland & Knight

Ms. Santoro focuses her practice on advising businesses, nonprofit organizations, and individuals on a variety of...  |  Read More

Attend on July 10

Early Discount (through 06/13/25)

See NASBA details.

Cannot Attend July 10?

Early Discount (through 06/13/25)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. CPE credit is not available on recordings. Strafford will process CLE credit for one person on each recording. All formats include course handouts.

To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video