PRIVATE FAMILY FOUNDATION
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How a Private Family Foundation (PFF) Works |
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What is a private family foundation? It is a tax-exempt entity, a trust or a corporation), that a donor
or donors establish. It most often is a
conduit organization, meaning it is a grant making organization. The PFF is
usually managed by one or more family members who control the charity,
through a board of trustees or board of directors. Often children are on the
board with parents. The PFF is a
charity that itself makes grants for charitable work. Grants can be made
directly for a charitable purpose or a grant can be made to a qualifying
public charity, or example a grant to Habitat for Humanity. What is contributed? Donors make a contribution of appreciated securities or cash to the
PFF. It is possible that real estate
could also be donated to the PFF. The
PFF can carry a name such as the “C.S. Smith Family Foundation.” Donors may
make contributions in any amount and as often or seldom as they wish. Is there an income tax advantage to a PFF? Yes.
When the contribution is made, the donors receive a charitable income
tax deduction similar to that received when a gift is made to any public
charity, so long as the gift is cash or marketable securities. If a PFF is funded at death (a
“testamentary” gift to a PFF) there is no income tax deduction; while this
sounds unattractive, remember that a testamentary transfer to a PFF means you
retain the full use of the funds during your lifetime for your benefit and
then, and only then, is the transfer of assets made to the PFF. A testamentary transfer of assets is often
done for the purpose of avoiding estate taxes on the estate. Money contributed to a charity is 100%
deductible for estate tax purposes. Does the PFF pay income taxes? No. the PFF does not pay income
taxes, as it is tax-exempt, as are all charities. This means the PFF could sell the donated
appreciated securities or appreciated real estate without paying a capital
gains tax. How are the funds managed? Funds in the PFF are managed by
professional investment advisors, a person who is often the donor’s
established investment advisor. The PFF does not pay income taxes on its
growth or income, but it does have reporting requirements to the IRS and the
State. The trustees of the PFF are
responsible for seeing that reporting requirements are satisfied. How long can a PFF last? It can last as long as the
governing instrument allows. A PFF
could be funded in 2006 and then all funds in the PFF given away in the same
year. Or a PFF could be funded and
very little distributions (subject to a 5% requirement) from the PFF made in
any one year. A PFF can be multi-generational, meaning that the donors’ children
can continue as managers or trustees of the PFF after the parents’ death. What are the administrative requirements of a PFF? Administrative costs are greater than with a
donor advised account. The PFF
directors or trustees are responsible for filing annual reports with the IRS
and the State. Any IRS-qualified public charity is eligible to be
a recipient of distributions from the DAF – those you've supported for years,
or new ones you discover. Which charities
can the family make distributions to from the PFF? Any public charity will qualify as legal
recipient. A PFF, like a DAF, is a conduit.
The PFF is funded by you and you get an immediate charitable income
tax deduction. When you are ready to
do so, you direct a payment from the PFF to a qualifying public charity
(there is no second income tax deduction). At a minimum the PFF must
distribute 5% of its assets per year. Is there a
minimum size for a PFF? No, but due
to administrative requirements, it is advisable to fund a PFF with at least
$2 million. This is not the case for
a donor advised fund, which can be funded with very small amounts of money. ================================== Nathaniel E. Clement, J.D., 2006 |