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A nonprofit would like to donate yearly dues to associated foundation. Is this appropriate?

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A nonprofit would like to donate yearly dues to associated foundation. Is this appropriate?

My organization is creating a separate 501(c)(3) foundation. Bylaws of the foundation state there are no dues. The organization would like to donate part of their yearly dues to the foundation. Is this appropriate?

You do not indicate the tax status of your organization, or of the "foundation." Assuming that your organization is not a private foundation, there is no tax reason why it could not contribute to the new foundation. If it would be a very large contribution in comparison with other gifts received by the "foundation," however, it could cause the new entity to be classified as a private foundation instead of as a public charity. (See Ready Reference Pages: "Calculating Public Support"), If your organization is a membership organization that charges its members dues, it may be a better result for the new foundation if your organization offers its members the opportunity to contribute directly to the new foundation. Such direct contributions will ordinarily constitute public support and help classify the new foundation as a public charity, rather than a private foundation.

Friday, August 26, 2011

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