501(c)(3)
Section of the Internal Revenue Code that
designates an organization as charitable and tax-exempt. Organizations
qualifying under this section include religious, educational, charitable,
amateur athletic, scientific or literary groups, organizations testing
for public safety or organizations involved in prevention of cruelty
to children or animals. Most organizations seeking foundation or corporate
contributions secure a Section 501(c)(3) classification from the Internal
Revenue Service (IRS).
Note: The tax code sets forth a list of sections501(c)(4-26)to
identify other nonprofit organizations whose function is not solely
charitable (e.g., professional or veterans organizations, chambers
of commerce, fraternal societies, etc.).
509(a)
Section of the tax code that defines
public charities (as opposed to private foundations).
A 501(c)(3) organization also must have a 509(a) designation to
further define the agency as a public charity. (See Public
Support Test.)
Affinity Group
A separate and independent coalition
of grantmaking institutions or individuals associated with such
institutions that shares information or provides professional development
and networking opportunities to individual grantmakers with a shared
interest in a particular subject or funding area.
Annual Report
A voluntary report published by a foundation
or corporation describing its grant activities. It may be a simple,
typed document listing the years grants or an elaborately
detailed publication. A growing number of foundations and corporations
use an annual report as an effective means of informing the community
about their contributions activities, policies and guidelines. (The
annual contributions report is not to be confused with a corporations
annual report to the stockholders.)
Articles of Incorporation
A document filed with the secretary of
state or other appropriate state office by persons establishing
a corporation. This is the first legal step in forming a nonprofit
corporation.
Assets
Cash, stocks, bonds, real estate or other
holdings of a foundation. Generally, assets are invested and the
income is used to make grants. (See Payout Requirement.)
Bequest
A sum of money made available upon the
donors death.
Bricks and Mortar
An informal term indicating grants for
buildings or construction projects.
Building Campaign
A drive to raise funds for construction
or renovation of buildings.
Bylaws
Rules governing the operation of a nonprofit
corporation. Bylaws often provide the methods for the selection
of directors, the creation of committees and the conduct of meetings.
Capital Campaign
Also referred to as a Capital Development
Campaign, a capital campaign is an organized drive to collect and
accumulate substantial funds to finance major needs of an organization
such as a building or major repair project.
Challenge Grant
A grant that is made on the condition
that other monies must be secured, either on a matching basis or
via some other formula, usually within a specified period of time,
with the objective of stimulating giving from additional sources.
Charity
In its traditional legal meaning, the
word charity encompasses religion, education, assistance
to the government, promotion of health, relief of poverty or distress
and other purposes that benefit the community. Nonprofit organizations
that are organized and operated to further one of these purposes
generally will be recognized as exempt from federal income tax under
Section 501(c)(3) of the Internal Revenue Code (see
501(c)(3)) and will be eligible to receive tax-deductible charitable
gifts.
Community Foundation
A community foundation is a tax-exempt,
nonprofit, autonomous, publicly supported, philanthropic institution
composed primarily of permanent funds established by many separate
donors of the long-term diverse, charitable benefit of the residents
of a defined geographic area. Typically, a community foundation
serves an area no larger than a state.
Community foundations
provide an array of services to donors who wish to establish endowed
funds without incurring the administrative and legal costs of starting
independent foundations. There are more than 500 community foundations
across the United States today. The Cleveland Foundation is the
oldest; the New York Community Trust is the largest. Examples of
recently started, thriving community foundations include the Community
Foundation for the Fox Valley Region, Wisconsin, and the Delaware
Community Foundation.
Corporate Foundation
A corporate (company-sponsored) foundation
is a private foundation that derives its grantmaking funds primarily
from the contributions of a profit-making business. The company-sponsored
foundation often maintains close ties with the donor company, but
it is a separate, legal organization, sometimes with its own endowment,
and is subject to the same rules and regulations as other private
foundations. There are more than 2,000 corporate foundations in
the United States holding some $11 billion in assets.
(See Corporate Giving Program.)
Corporate Giving Program
A corporate giving (direct giving) program
is a grantmaking program established and administered within a profit-making
company. Gifts or grants go directly to charitable organizations
from the corporation. Corporate foundations/giving programs do not
have a separate endowment; their expense is planned as part of the
companys annual budgeting process and usually is funded with
pre-tax income. The Foundation Center has identified more than 700
corporate foundations/giving programs in the United States; however,
it is believed that several thousand are in operation.
Decline
Also referred to as Denial, a decline
is the refusal or rejection of a grant request. Some declination
letters explain why the grant was not made, but many do not.
Demonstration Grant
A grant made to establish an innovative
project or program that will serve as a model, if successful, and
may be replicated by others.
Designated Funds
A type of restricted fund in which the
fund beneficiaries are specified by the grantors.
Discretionary Funds
Grant funds distributed at the discretion
of one or more trustees, which usually do not require prior approval
by the full board of directors. The governing board can delegate
discretionary authority to staff.
Disqualified Person: (Private
Foundation)
Substantial contributors to a private foundation, foundation managers,
certain public officials, family members of disqualified persons
and corporations and partnerships in which disqualified persons
hold significant interests. The law bars most financial transactions
between disqualified persons and foundations. (See Self-Dealing.)
Disqualified Person: (Public
Charity)
As applied to public charities, the term
disqualified person includes (1) organization managers, (2) and
any other person who, within the past five years, was in a position
to exercise substantial influence over the affairs of the organization,
(3) family members of the above, and (4) businesses they control.
Paying excessive benefits to a disqualified person will result in
the imposition of penalty excise taxes on that person, and, under
some circumstances, on the charitys board of directors (See
Intermediate Sanctions.)
Donee
See Grantee
Donor
See Grantor
Donor Advised Fund
A fund held by a community foundation
where the donor, or a committee appointed by the donor, may recommend
eligible charitable recipients for grants from the fund. The community
foundations governing body must be free to accept or reject
the recommendations.
Donor Designated Fund
A fund held by a community foundation
where the donor has specified that the funds income or assets
be used for the benefit of one or more specific public charities.
These funds are sometimes established by a transfer of assets by
a public charity to a fund designated for its own benefit, in which
case they may be known as grantee endowments. The community foundations
governing body must have the power to redirect resources in the
fund if it determines that the donors restriction is unnecessary,
incapable of fulfillment or inconsistent with the charitable needs
of the community or area served.
Endowment
The principal amount of gifts and bequests
that are accepted subject to a requirement that the principal be
maintained intact and invested to create a source of income for
a foundation. Donors may require that the principal remain intact
in perpetuity, or for a defined period of time or until sufficient
assets have been accumulated to achieve a designated purpose.
Excise Tax
The annual tax of 1 or 2 percent of net
investment income that must be paid to the IRS by private foundations.
Expenditure Responsibility
When a private foundation makes a grant
to an organization that is not classified by the IRS as tax-exempt
under Section 501(c)(3) and as a public charity according to Section
509(a), it is required by law to ensure that the funds are spent
for charitable purposes and not for private gain or political activities.
Such grants require a pre-grant inquiry and a detailed, written
agreement. Special reports on the status of the grant must be filed
with the IRS, and the grantees must be listed on the foundations
IRS Form 990-PF.
Family Foundation
Family foundation is not
a legal term, and therefore, it has no precise definition.Yet, approximately
two-thirds of the estimated 44,000 private foundations in this country
are believed to be family managed. The Council on Foundations defines
a family foundation as a foundation whose funds are derived from
members of a single family. At least one family member must continue
to serve as an officer or board member of the foundation, and as
the donor, they or their relatives play a significant role in governing
and/or managing the foundation throughout its life. Most family
foundations are run by family members who serve as trustees or directors
on a voluntary basisreceiving no compensation; in many cases,
second- and third-generation descendants of the original donors
manage the foundation. Most family foundations concentrate their
giving locally, in their communities.
Field of Interest Fund
A fund held by a community foundation
that is used for a specific charitable purpose such as education
or health research.
Financial Report
An accounting statement detailing financial
data, including income from all sources, expenses, assets and liabilities.
A financial report may also be an itemized accounting that shows
how grant funds were used by a donee organization. Most foundations
require a financial report from grantees.
Form 990/Form 990-PF
The IRS forms filed annually by public
charities and private foundations respectively. The letters PF stand
for private foundation. The IRS uses this form to assess compliance
with the Internal Revenue Code. Both forms list organization assets,
receipts, expenditures and compensation of officers. Form 990-PF
includes a list of grants made during the year by private foundations.
Funding Cycle
A chronological pattern of proposal review,
decision making and applicant notification. Some donor organizations
make grants at set intervals (quarterly, semi-annually, etc.), while
others operate under an annual cycle.
Giving Pattern
The overall picture of the types of projects
and programs that a donor has supported historically. The past record
may include areas of interest, geographic locations, dollar amount
of funding or kinds of organizations supported.
Grant
An award of funds to an organization
or individual to undertake charitable activities.
Grant Monitoring
The ongoing assessment of the progress
of the activities funded by a donor, with the objective of determining
if the terms and conditions of the grant are being met and if the
goal of the grant is likely to be achieved.
Grantee
The individual or organization that receives
a grant.
Grantor
The individual or organization that makes
a grant.
Grassroots Fundraising
Efforts to raise money from individuals
or groups from the local community on a broad basis. Usually an
organization does grassroots fundraising within its own constituencypeople
who live in the neighborhood served or clients of the agencys
services. Grassroots fundraising activities include membership drives,
raffles, bake sales, auctions, dances and a range of other activities.
Foundation managers often feel that successful grassroots fundraising
indicates that an organization has substantial community support.
Guidelines
A statement of a foundations goals,
priorities, criteria and procedures for applying for a grant.
In-Kind Contribution
A donation of goods or services rather
than cash or appreciated property.
Independent Foundation
These private foundations are usually
founded by one individual, often by bequest. They are occasionally
termed nonoperating because they do not run their own
programs. Sometimes individuals or groups of people, such as family
members, form a foundation while the donors are still living. Many
large independent foundations, such as the Ford Foundation, are
no longer governed by members of the original donors family
but are run by boards made up of community, business and academic
leaders.
Private foundations make grants to other tax-exempt
organizations to carry out their charitable purposes. Private foundations
must make charitable expenditures of approximately 5 percent of
the market value of their assets each year. Although exempt from
federal income tax, private foundations must pay a yearly excise
tax of 1 or 2 percent of their net investment income. The Rockefeller
Foundation and the John D. and Catherine T. MacArthur Foundation
are two examples of well-known independent private foundations.
Intermediate Sanctions
Penalty taxes applied to disqualified
persons of public charities (see Disqualified Person) that receive
an excessive benefit from financial transactions with the charity.
An excessive benefit may result from overcompensation for services
or from other transactions such as charging excessive rent on property
rented to the charity. Unlike private foundations, public charities
are not barred from engaging in financial transactions with disqualified
persons as long as the transaction is fair to the charity. Penalty
taxes also may apply to organization managers, such as the charitys
board, that knowingly approve an excess benefit transaction.
Internal Revenue Service (IRS)
The federal agency with responsibility
for regulating foundations and their activities. On-line at www.irs.gov.
Jeopardy Investment
An investment that risks the foundations
ability to carry out its exempt purposes. Although certain types
of investments are subject to careful examination, no single type
is automatically a jeopardy investment. Generally, a jeopardy investment
is found to be made when a foundations managers have failed
to exercise ordinary business care and prudence. The result of a
jeopardy investment may be penalty taxes imposed upon a foundation
and its managers. (See Program Related
Investment.)
Letter of Intent
A grantors letter or brief statement
indicating intention to make a specific gift.
Leverage
A method of grantmaking practiced by
some foundations. Leverage occurs when a small amount of money is
given with the express purpose of attracting funding from other
sources or of providing the organization with the tools it needs
to raise other kinds of funds. Sometimes known as the multiplier
effect.
Limited-Purpose Foundation
A type of foundation that restricts its
giving to one or very few areas of interest, such as higher education
or medical care.
Loaned Executives
Corporate executives who work for nonprofit
organizations for a limited period of time while continuing to be
paid by their permanent employers.
Lobbying
Efforts to influence legislation by influencing
the opinion of legislators, legislative staff and government administrators
directly involved in drafting legislative proposals. The Internal
Revenue Code sets limits on lobbying by organizations that are exempt
from tax under Section 501(c)(3). Public charities (see Public
Charity) may lobby as long as lobbying does not become a substantial
part of their activities. Private foundations (see Private
Foundations) generally may not lobby except in limited circumstances
such as on issues affecting their tax-exempt status or the deductibility
of gifts to them. Conducting nonpartisan analysis and research and
disseminating the results to the public generally is not lobbying
for purposes of these restrictions.
Matching Gifts Program
A grant or contributions program that
will match employees or directors gifts made to qualifying
educational, arts and cultural, health or other organizations. Specific
guidelines are established by each employer or foundation. (Some
foundations also use this program for their trustees.)
Matching Grant
A grant or gift made with the specification
that the amount donated must be matched on a one-for-one basis or
according to some other prescribed formula.
Operating Foundation
Also called private operating foundations,
operating foundations are private foundations that use the bulk
of their income to provide charitable services or to run charitable
programs of their own. They make few, if any, grants to outside
organizations. To qualify as an operating foundation, specific rules,
in addition to the applicable rules for private foundations, must
be followed. The Carnegie Endowment for International Peace and
the Getty Trust are examples of operating foundations.
Operating Support
A contribution given to cover an organizations
day-to-day, ongoing expenses, such as salaries, utilities, office
supplies, etc.
Payout Requirement
The minimum amount that a private foundation
is required to expend for charitable purposes (includes grants and
necessary and reasonable administrative expenses). In general, a
private foundation must pay out annually approximately 5 percent
of the average market value of its assets.
Philanthropy
Philanthropy is defined in different
ways. The origin of the word philanthropy is Greek and means love
for mankind. Today, philanthropy includes the concept of voluntary
giving by an individual or group to promote the common good. Philanthropy
also commonly refers to grants of money given by foundations to
nonprofit organizations. Philanthropy addresses the contribution
of an individual or group to other organizations that in turn work
for the causes of poverty or social problemsimproving the
quality of life for all citizens. Philanthropic giving supports
a variety of activities, including research, health, education,
arts and culture, as well as alleviating poverty.
Pledge
A promise to make future contributions
to an organization. For example, some donors make multiyear pledges
promising to grant a specific amount of money each year.
Post-Grant Evaluation
A review of the results of a grant, with
the emphasis upon whether or not the grant achieved its desired
objective.
Preliminary Proposal
A brief draft of a grant proposal used
to learn if there is sufficient interest to warrant submitting a
proposal.
Private Foundation
A nongovernmental, nonprofit organization
with funds (usually from a single source, such as an individual,
family or corporation) and program managed by its own trustees or
directors, established to maintain or aid social, educational, religious
or other charitable activities serving the common welfare, primarily
through grantmaking. U.S. private foundations are tax-exempt under
Section 501(c)(3) of the Internal Revenue Code and are classified
by the IRS as a private foundation as defined in the code.
Program Officer
Also referred to as a corporate affairs
officer, program associate, public affairs officer or community
affairs officer, a program officer is a staff member of a foundation
or corporate giving program who may do some or all of the following:
recommend policy, review grant requests, manage the budget and process
applications for the board of directors or contributions committee.
Program-Related Investment
A loan or other investment made by a
private foundation to a profit making or nonprofit organization
for a project related to the foundations stated purpose and
interests. Program related investments are an exception to the general
rule barring jeopardy investments. Often, program-related investments
are made from a revolving fund; the foundation generally expects
to receive its money back with limited, or below-market, interest,
which then will provide additional funds for loans to other organizations.
A program-related investment may involve loan guarantees, purchases
of stock or other kinds of financial support.
Public Charity
A nonprofit organization that is exempt
from federal income tax under Section 501(c)(3) of the Internal
Revenue Code and that receives its financial support from a broad
segment of the general public. Religious, educational and medical
institutions are deemed to be public charities. Other organizations
exempt under Section 501(c)(3) must pass a public support test (see
Public Support Test) to be considered
public charities, or must be formed to benefit an organization that
is a public charity (see Supporting Organization).
Charitable organizations that are not public charities are private
foundations and are subject to more stringent regulatory and reporting
requirements (see Private Foundation).
Public Foundation
Public foundations, along with community
foundations, are recognized as public charities by the IRS. Although
they may provide direct charitable services to the public as other
nonprofits do, their primary focus is on grantmaking. To be eligible
for membership in the Council, a public foundation must grant at
least $60,000 yearly and must dedicate at least 50 percent of its
organizational budget to a competitive grantmaking program.
Public Support Test
There are two public support tests, both
of which are designed to ensure that a charitable organization is
responsive to the general public rather than a limited number of
persons. One test, sometimes referred to as 509(a)(1) or 170(b)(1)(A)(vi)
for the sections of the Internal Revenue Code where it is found,
is for charities like community foundations that mainly rely on
gifts, grant, and contributions. To be automatically classed as
a public charity under this test, organizations must show that they
normally receive at least one-third of their support from the general
public (including government agencies and foundations). However,
an organization that fails the automatic test still may qualify
as a public charity if its public support equals at least 10 percent
of all support and it also has a variety of other characteristicssuch
as a broad-based boardthat make it sufficiently public.
The second test, sometimes referred to as the section 509(a)(2)
test, applies to charities, such as symphony orchestras or theater
groups, that get a substantial part of their income from the sale
of services that further their mission, such as the sale of tickets
to performances. These charities must pass a one-third/one-third
test. That is, they must demonstrate that their sales and contributions
normally add up to at least one third of their financial support,
but their income from investments and unrelated business activities
does not exceed one-third of support.
Query Letter
Also referred to as a letter of inquiry,
this is a brief letter outlining an organizations activities
and a request for funding sent to a prospective donor to determine
if there is sufficient interest to warrant submitting a full proposal.
This saves the time of the prospective donor and the time and resources
of the prospective applicant. (See Preliminary
Proposal.)
Restricted Funds
Assets or income that is restricted in
its use, in the types of organizations that may receive grants from
it or in the procedures used to make grants from such funds.
Seed Money
A grant or contribution used to start
a new project or organization.
Self-Dealing
A private foundation is generally prohibited
from entering into any financial transaction with disqualified persons
(see Disqualified Person). The
few exceptions to this rule include paying reasonable compensation
to a disqualified person for services that are necessary to fulfilling
the foundations charitable purposes. Violations will result
in an initial penalty tax equal to 5 percent of the amount involved,
payable by the self-dealer.
Site Visit
Visiting a donee organization at its
office location or area of operation and/or meeting with its staff
or directors or with recipients of its services.
Social Investing
Also referred to as ethical investing
and socially responsible investing, this is the practice of aligning
a foundations investment policies with its mission. This may
include making program-related investments and refraining from investing
in corporations with products or policies inconsistent with the
foundations values.
Supporting Organization
A supporting organization is a charity
that is not required to meet the public support test because it
supports a public charity. To be a supporting organization, a charity
must meet one of three complex legal tests that assure, at a minimum,
that the organization being supported has some influence over the
actions of the supporting organization. Although a supporting organization
may be formed to benefit any type of public charity, the use of
this form is particularly common in connection with community foundations.
Supporting organizations are distinguishable from donor-advised
funds because they are distinct legal entities.
Tax-Exempt Organizations
Organizations that do not have to pay
state and/or federal income taxes. Organizations other than churches
seeking recognition of their status as exempt under Section 501(c)(3)
of the Internal Revenue Code must apply to the Internal Revenue
Service. Charities may also be exempt from state income, sales and
local property tax.
Technical Assistance
Operational or management assistance
given to a nonprofit organization. It can include fundraising assistance,
budgeting and financial planning, program planning, legal advice,
marketing and other aids to management. Assistance may be offered
directly by a foundation or corporate staff member or in the form
of a grant to pay for the services of an outside consultant. (See
In-Kind Contribution.)
Tipping
The situation that occurs when a gift
or grant is made that is large enough to significantly alter the
grantees funding base and cause it to fail the public support
test. Such a gift or grant results in tipping or conversion
from public charity to private foundation status.
Trust
A legal device used to set aside money
or property of one person for the benefit of one or more persons
or organizations.
Trustee
The person(s) or institutions responsible
for the administration of a trust.
Unrestricted Funds
Normally found at community foundations,
an unrestricted fund is one that is not specifically designated
to particular uses by the donor, or for which restrictions have
expired or been removed.
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