Private Foundations in Estate Planning: Structuring Tax-Efficient Charitable Legacies

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

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

Conducted on Tuesday, September 5, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE/CPE webinar will provide estate planning counsel and advisers 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, and discuss both inter vivos and post-mortem strategies for using a private foundation.


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 value of the assets 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 in respect of a decedent, the tax impact is significantly reduced compared to assets passed through will or trust.

Operating a private foundation does not lack burden or risk: the entity must file an annual Form 990-PF return, and 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 properly, 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.



  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


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?


Doyle, Jere
Jeremiah W. (Jere) Doyle, IV

Senior Vice President
Bank of New York Mellon

Mr. Doyle provides clients with integrated wealth management advice on how to hold, manage and transfer their...  |  Read More

Casey S. Hale
Casey S. Hale

Brown & Streza

Mr. Hale is a member of the Firm’s charitable sector practice group. He advises ministries, churches, and...  |  Read More

Stephanie L. Petit
Stephanie L. Petit

Adler & Colvin

Ms. Petit focuses on the representation of nonprofit and tax-exempt organizations and their donors, with an emphasis on...  |  Read More

Rittenberg, Leon
Leon H. Rittenberg, III

Baldwin Haspel Burke & Mayer

Mr. Rittenberg's practice focuses on serving the needs of small and mid-sized businesses and their owners,...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video



CPE Not Available