A supporting organization, in the United States, is a public charity that operates under the U.S. Internal Revenue Code in 26 USCA 509(a)(3). A supporting organization either makes grants to, or performs the operations of, a public charity similar to a private foundation.
However, unlike donations to a private foundation, donations to a supporting organization garner the same higher deduction rate as donations to public charities. However, supporting organizations allow less control over the organization to the founders than private foundations. The Internal Revenue Code calls a public charity that relies on a supporting organization a "supported organization".
The Tax Reform Act of 1969 created private foundations and imposed greater restrictions on this classification, including excise taxes and lower donor deductions for contributions. [1] This Act created supporting organizations as an exception to private foundations—because they are organized, operated, and controlled in the public interest. [2] Supporting organizations are not subject to the problems and abuses found in foundations that led to the creation and associated restrictions on private foundations. [3]
Mostly large and medium-sized donors created supporting organizations in order to retain some control over their donated assets. [4] Type III supporting organizations comprised the sort of supporting organization with the least surveillance by the supported organizations, which meant greater donor control, and so Type III supporting organizations quickly became the favored form. [5]
Despite this flexibility, few donors outside of high and middle-high value donors created supporting organizations due to complex regulations and tax code provisions governing the formation and operation of supporting organizations. [5] This entailed high transaction costs. Further, the demands of the tax code and associated regulations required the Type III supporting organizations to make such great relative donations of activity or grants to assure the attentiveness of the supported organizations.
As a consequence, supporting organizations (particularly Type III) proved attractive to high and middle-high value donors with anecdotal evidence of their widespread abuse. [6]
Supporting organizations became subject to much criticism upon two perceived abuses.
One perceived abuse related to control. Senators Baucus and Grassley argued that supporting organizations, particularly Type III, allowed donors to retain too much control over their assets. [7]
Another perceived abuse related to liberal charitable deductions allowed to donors who contribute to supporting organizations. Since donors retained so much control, these critics believed that they should not also enjoy deductions that they would get for donating to public charities. [8] Instead, these critics argued that such deductions should be no more favored than private organizations or even less favored because of the greater control afforded to supporting organizations compared to private foundations. [9]
The Pension Protection Act of 2006 [10] cracked down on supporting organizations, particularly Type III. This act applied further regulations and penalties that took away many of the privileges that supporting organizations had over private foundations. The act applies the self-dealing regulations of private foundations on supporting organizations. [11] The act requires a payout—but leaves the exact demands of the payout, including rate and from which assets for the Treasury to determine later. [12] The Act applied the private foundation rules of excess business holdings [11] and the excess benefit prohibitions from the private foundation law. [11] The act also tightened the tests for Type III supporting organizations to demonstrate that Type III supporting organizations has dependent supported organizations and that has no more than five supported organizations. [13] The act also made collateral attacks on supporting organizations by forbidding donor-advised funds [14] and private foundations [15] from making qualifying distributions to Type III supporting organizations, and should they do so the distributions would become taxable subject to their respective excise taxes. Further restrictions, including explication of the payout rate contours will result from the Congress mandated survey that the IRS promulgated.
In the Pension Protection Act, Congress mandated a study [16] on the supporting organizations to understand their role in the exempt organization world and determine what future action remained necessary. [17] It was called the "Study on Donor Advised Funds and Supporting Organizations."
Under § 509(a)(3) the Internal Revenue Code defines supporting organizations as being:
Is organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of one or more specified organizations described in paragraph 509(a)(1) or (2)
This section breaks down into two tests: the organizational test ("is organized") and the operational test ("is operated").
Is (i) operated, supervised, or controlled by one or more organizations described in paragraph (1) or (2), (ii) supervised or controlled in connection with one or more such organizations, or (iii) operated in connection with one or more such organizations
This part provides three possible relationships between a supporting organization and its supported organizations. A supporting organization must fulfill the requirements of one of these three types and report it in its annual reporting to the IRS. Through either of these relationships the supported organizations provides the requisite public scrutiny over the supporting organizations. Type I resembles a parent-subsidiary relationship. [19] Type II resembles a brother-sister relationship. [20] These two types are the stricter of the relationships while Type III has the most relaxed standard for scrutiny by the supported organizations. In exchange for this flexibility, type III supporting organizations must pass two additional tests to ensure that the supported organizations provide public scruinty. [21] The first test is the responsiveness test and the second test is the integral part test. [21] The integral part test may further breakdown into two subtests, the "but for" subtest and the "attentiveness" subtest, either of which the organization may satisfy. [22] This type III relationship, [20] however, recently has received a crackdown by Congress and so its flexibility and relaxed standards for control and scrutiny is short-lived.
Is not controlled directly or indirectly by one or more disqualified persons (as defined in 26 USCA 4946) other than foundation managers and other than one or more organizations described in paragraph 509(a)(1) or (2)
This requirement provides prophylactic protection against self-dealing, a potential abuse. [23] Some donors try to engage in self-dealing activities in order to maintain control over their assets by controlling the supporting or supported organizations. This requirement curbs nearly every possible way a donor may exert control over the organizations and their assets.
Through the Pension Protection Act, Congress recently added (f) to § 509. Section 509(f) adds new requirements for supporting organizations.
Under § 509(f)(1), the IRC imposes new requirements on type III supporting organizations in particular. Here, they impose a stricter definitions upon their relationships with their supporting organizations:
In § 509(f)(2), the IRC concentrates on organizations controlled by donors:
(3) codifies the present understanding of "supported organization" as a public charity supported by a supporting organization.
For an organization to qualify as a type III supporting organization, it must first prove that it constitutes a charitable trust under state law, the beneficiary is the supported trust, and the supported organization has the power to compel an accounting and enforce the trust. [24] Then, the organization must provide further evidence to prove that it operates in connection with its supported organizations.
A functionally integrated type III supporting organization ("FISO") performs the operations of the supported organization [25] and remains free the excess business holding excise tax and from the payout rate that shall apply in the near future. [26] A FISO resembles a type III supporting organization that satisfies the "but for" test because they both perform the operations of the supported organization, but the exact requirements for qualifying as a FISO remains unknown. Currently, the IRS has halted determinations on all requests by organizations for FISO classification until the US Treasury Department issues guidance on this matter. [27]
A disqualified person may not receive any benefit from a supporting organization otherwise the IRS may apply intermediate sanctions that tax that person 25% of the value of the benefit and tax the manager 10% of the benefit. [28] This tax may increase further if the offenders fail to rectify the transaction and lead up to revocation of tax-exempt status. [28]
A supporting organization in combination with its disqualified persons may not own more than 20% of voting stock in a business entity not related to the furtherance of its charitable purpose. [29] Should a supporting organization do so, then it may subject itself to the excise tax. [30]
The Treasury Regulations for supporting organizations contain detailed explanations for the applicable tests. [31] The regulations may change as the IRS has suspended determinations of what constitutes a functionally integrated type III supporting organization until such time that the Treasury Department may issue further guidance. [27]
A nonprofit organization (NPO), also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in contrast with an entity that operates as a business aiming to generate a profit for its owners. A nonprofit is subject to the non-distribution constraint: any revenues that exceed expenses must be committed to the organization's purpose, not taken by private parties. An array of organizations are nonprofit, including some political organizations, schools, business associations, churches, social clubs, and consumer cooperatives. Nonprofit entities may seek approval from governments to be tax-exempt, and some may also qualify to receive tax-deductible contributions, but an entity may incorporate as a nonprofit entity without securing tax-exempt status.
A charitable trust is an irrevocable trust established for charitable purposes and, in some jurisdictions, a more specific term than "charitable organization". A charitable trust enjoys a varying degree of tax benefits in most countries. It also generates good will. Some important terminology in charitable trusts is the term "corpus", which refers to the assets with which the trust is funded, and the term "donor", which is the person donating assets to a charity.
A foundation is a category of nonprofit organization or charitable trust that typically provides funding and support for other charitable organizations through grants, but may also engage directly in charitable activities. Foundations include public charitable foundations, such as community foundations, and private foundation, which are typically endowed by an individual or family. However, the term "foundation" may also be used by organizations that are not involved in public grantmaking.
Fundraising or fund-raising is the process of seeking and gathering voluntary financial contributions by engaging individuals, businesses, charitable foundations, or governmental agencies. Although fundraising typically refers to efforts to gather money for non-profit organizations, it is sometimes used to refer to the identification and solicitation of investors or other sources of capital for for-profit enterprises.
Tax exemption is the reduction or removal of a liability to make a compulsory payment that would otherwise be imposed by a ruling power upon persons, property, income, or transactions. Tax-exempt status may provide complete relief from taxes, reduced rates, or tax on only a portion of items. Examples include exemption of charitable organizations from property taxes and income taxes, veterans, and certain cross-border or multi-jurisdictional scenarios.
A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being.
A 501(c) organization is a nonprofit organization in the federal law of the United States according to Internal Revenue Code Section 501(c) and is one of over 29 types of nonprofit organizations exempt from some federal income taxes. Sections 503 through 505 set out the requirements for obtaining such exemptions. Many states refer to Section 501(c) for definitions of organizations exempt from state taxation as well. 501(c) organizations can receive unlimited contributions from individuals, corporations, and unions.
In the United States, a donor-advised fund is a charitable giving vehicle administered by a public charity created to manage charitable donations on behalf of organizations, families, or individuals. To participate in a donor-advised fund, a donating individual or organization opens an account in the fund and deposits cash, securities, or other financial instruments. They surrender ownership of anything they put in the fund, but retain advisory privileges over how their account is invested, and how it distributes money to charities.
Laws regulating nonprofit organizations, nonprofit corporations, non-governmental organizations, and voluntary associations vary in different jurisdictions.
A 501(c)(3) organization is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501(c)(3) of Title 26 of the United States Code. It is one of the 29 types of 501(c) nonprofit organizations in the US.
A donor managed investment account is a charitable giving mechanism in which donors receive a full tax deduction at the time they fund the DMI account, but retain investment management rights over the account, and can request donations from the account to charities.
The Pension Protection Act of 2006, 120 Stat. 780, was signed into law by U.S. President George W. Bush on August 17, 2006.
A private foundation is a charitable organization that, while serving a good cause, might or might not qualify as a public charity by government standards. The Bill & Melinda Gates Foundation is the largest private foundation in the U.S. with over $38 billion in assets. Most private foundations are much smaller. Out of the 84,000 private foundations that filed with the IRS in 2008, approximately 66% have less than $1 million in assets, and 93% have less than $10 million in assets. In aggregate, private foundations in the U.S. control over $628 billion in assets and made more than $44 billion in charitable contributions in 2007.
A foundation in the United States is a type of charitable organization. However, the Internal Revenue Code distinguishes between private foundations and public charities. Private foundations have more restrictions and fewer tax benefits than public charities like community foundations.
Until 1969, the term private foundation was not defined in the United States Internal Revenue Code. Since then, every U.S. charity that qualifies under Section 501(c)(3) of the Internal Revenue Service Code as tax-exempt is a "private foundation" unless it demonstrates to the IRS that it falls into another category such as public charity. Unlike nonprofit corporations classified as a public charity, private foundations in the United States are generally subject to a 1% or 2% excise tax or endowment tax on any net investment income.
Form 990 is a United States Internal Revenue Service form that provides the public with financial information about a nonprofit organization. It is often the only source of such information. It is also used by government agencies to prevent organizations from abusing their tax-exempt status. Certain nonprofits have more comprehensive reporting requirements, such as hospitals and other health care organizations.
National Philanthropic Trust(NPT) is an American independent public charity that provides philanthropic expertise to donors, foundations and financial institutions. NPT ranks among the largest grantmaking institutions in the United States.
A charitable organization in Canada is regulated under the Canadian Income Tax Act through the Charities Directorate of the Canada Revenue Agency (CRA).
Form 1023 is a United States IRS tax form, also known as the Application for Recognition of Exemption Under 501(c)(3) of the Internal Revenue Code. It is filed by nonprofits to get exemption status. On January 31st of 2020, the IRS abandoned the paper format of the form 1023. Those who used the paper version were given 90 days grace period and that ended on 30th of April 2020. Going forward, every application has to be filed online through Pay.gov portal.
A 501(h) election or Conable election is a procedure in United States tax law that allows a 501(c)(3) non-profit organization to participate in lobbying limited only by the financial expenditure on that lobbying, regardless of its overall extent. This allows organizations taking the 501(h) election to potentially perform a large amount of lobbying if it is done using volunteer labor or through inexpensive means. The 501(h) election is available to most types of 501(c)(3) organizations that are not churches or private foundations. It was introduced by Representative Barber Conable as part of the Tax Reform Act of 1976 and codified as
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Non Profit organization is a good organization.