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

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

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


Tuesday, September 5, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


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.

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 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.

Outline

  1. Establishing a private foundation
  2. Income and transfer tax benefits and treatment of contributed property
  3. Ideal assets to contribute to 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?

Learning Objectives

After completing this course, you will be able to:

  • Recognize potential income and transfer tax advantages of establishing a private foundation as part of a comprehensive estate plan
  • Determine which types of assets are ideal for gifting to a private foundation for tax benefits
  • Identify the reporting obligations involved with establishing a private foundation
  • Discern the operational risks and opportunities in running a private foundation

Faculty

Jeremiah W. Doyle, IV, Senior Wealth Strategist
BNY Mellon Wealth Management, Boston

Mr. Doyle provides clients with integrated wealth management advice on how to hold, manage and transfer their wealth in a tax efficient manner. He is the editor and co-author of Preparing Fiduciary Income Tax Returns, a contributing author of Preparing Estate Tax Returns and Understanding and Using Trusts and a contributing author of Drafting Irrevocable Trusts in Massachusetts. He is a lecturer in law in the Graduate Tax Program at Boston University School of Law.

Casey S. Hale, Member
Brown & Streza, Irvine, Calif.

Mr. Hale is a member of the Firm’s charitable sector practice group. He advises ministries, churches, and charities on their general tax and corporate legal issues; guides private and family foundations through complex Internal Revenue Service and state regulations; and serves as general counsel to numerous nonprofit corporations. His representation includes counsel regarding property tax, employment, intellectual property, international grantmaking and operations, structuring subsidiaries and joint ventures.He routinely advises charity executives and boards of directors on executive compensation/intermediate sanctions and corporate governance matters.

Stephanie L. Petit, Principal
Adler & Colvin, San Francisco

Ms. Petit focuses on the representation of nonprofit and tax-exempt organizations and their donors, with an emphasis on corporate governance matters, international grantmaking, company and private foundations, and religious organizations. She authored and co-authored several article on foundations, including, Final Regulations on Foreign Public Charity Equivalency DeterminationsA Basic Guide to Corporate Philanthropy and Two Key Revenue Rulings Provide a Road Map for Private Foundation Terminations. She served as an adjunct professor at the University of San Francisco's Institute for Nonprofit Management and has spoken or guest lectured at various law schools and conferences.


Live Webinar

Live Webinar $297.00

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This webinar is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


CPE on Live Event

Continuing Professional Education credit processing is available for an additional fee per person. You may register for CPE credit processing at any time before or after the program. To qualify for CPE you may not listen via the telephone.

This program is eligible for 1.5 CPE credits.

  • Field of Study: Taxes.
  • Level of Knowledge: Intermediate.
  • Advance Preparation: None.
  • Teaching Method: Seminar/Lecture.
  • Delivery Method: Group-Internet (via computer).
  • Attendance Monitoring Method: Attendance is monitored electronically via a participant's PIN and through a series of verification codes announced throughout the presentation.
  • Prerequisite: Three years+ non-profit business or public firm experience at mid-level within the organization, preparing complex estate plans and trusts; supervisory authority over other planners/preparers. Knowledge and understanding of tax treatment of IRAs and other qualified plans in a transfer tax context; knowledge and understanding of charitable contribution limitations. Familiarity with charitable donation vehicles such as private foundations, GRATs, and donor advised funds.

NOTE: CPE credit processing for all attendees must be ordered by 2pm Eastern the day of the program to receive a Certificate of Attendance within 24 hours.


Recordings

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*Only available for attorneys admitted for more than two years. For OH CLE credits, only programs recorded within the current calendar year are eligible - contact the CLE department for verification.

**NH attendees must self-determine if a program is eligible for credit and self-report their attendance.

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Recorded Event

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Note: Self-study CPE and EA credits are not offered on recorded events.

Strafford is an approved provider and self-study CLE credit is available in most states.

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Registration Plus Recorded Event

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Live Webinar & Webinar Download $394.00

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Customer Reviews

The seminar was very informative and easy to understand.

Amy Allison

Anderson Hunter Law Firm

The program was well organized and discussed the major issues.

Roxy Hammett

Wolff & Samson

Better than I expected. Well done on both subject matter and production quality.

Jeff Simpson

Gordon, Fournaris & Mammarella

I thought the information provided was great.

Erika Gamiz

Law Offices of Marcia L Kraft

The webinar offered excellent insight into some specific areas.

Beth Ann R. Lawson

Virginia Beach Law Group

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Estate Planning Advisory Board

Gary D. Altman

Principal and Founder

Altman & Assoc.

Brian M. Annino

Partner

Annino Law Firm

Richard S. Franklin

Member

Franklin Karibjanian & Law

J. Leigh Griffith

Partner and Practice Group Leader - Tax

Waller Lansden Dortch & Davis

L. Paul Hood, Jr.

Consultant, Speaker and Author

The University of Toledo Foundation

Denise L. Iocco

Partner

Windels Marx Lane & Mittendorf

Donna J. Jackson

Atty

Donna J. Jackson, Attorney at Law

Salvatore J. LaMendola

Member

Giarmarco Mullins & Horton

Edwin P. Morrow, III, Esq.

Senior Wealth Specialist

Key Private Bank Wealth Advisory Services

Scott K. Tippett

Atty

The Tippett Law Firm

Susan M. von Herrmann

Partner

Perkins Coie

or call 1-800-926-7926

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