A Practical Guide to International Philanthropy by Jonathon R. Moore PDF

By Jonathon R. Moore

ISBN-10: 0521116414

ISBN-13: 9780521116411

This e-book is a realistic consultant addressing the problems confronted by means of philanthropists trying to interact in foreign charitable actions and provides substitute methods to standard U.S.-based foundations. a good portion of the regulatory burdens dealing with U.S. deepest foundations derives from tax advantages on hand to donors less than U.S. legislations. A charitable association needs to firstly qualify after which be maintained less than a posh regulatory regime. If a few or all of those tax merits are both unavailable or now not wanted, or if the tax benefits are outweighed through the burdens of regulatory compliance, foundations might be demonstrated in international jurisdictions. Charitable actions can then be operated flexibly and privately open air the restrictions of the U.S. regulatory regime. For present inner most foundations, this publication indicates suggestions designed to hedge opposed to ever-increasing and intrusive law.

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As with the private inurement doctrine, a charitable organization risks sanctions if it confers a private benefit. In essence, to do so likely would violate its charitable purposes. Intervention by regulatory authorities, state and federal, can follow. Potential sanctions can range from fines in the form of excise taxes on taxable distributions to the loss of tax-exempt status. Public charities versus private foundations Another fundamental distinction in the laws and regulations governing charitable organizations pertains to public charities versus private foundations.

It is important to note in this regard that the specific charitable purposes are expressly not for the benefit of any specific individuals. 1 The violation of this fundamental principle will not only contravene the tax laws granting benefits to the contributors and the charitable organizations but also may risk intervention by applicable regulatory authorities, such as the corporation commissioner, the secretary of state, or the state’s attorney general. Although the level of supervision is frequently less strict in foreign jurisdictions, the same risk of legal exposure for utilizing charitable contributions and assets for private inurement can arise.

396 on the dollar. The tax benefit resulting from the deductibility of significant gifts can be diminished by the alternative minimum tax (AMT). Its impact will differ among taxpayers depending on the level of tax preference items on the donor’s individual return in the year a large charitable gift is made. Even though charitable deductions are not tax preference items for AMT purposes, the AMT frequently diminishes the posttax value of deductions, and thus the tax benefit of the gift, because the AMT tax rate is typically lower than the donor’s regular marginal rate.

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A Practical Guide to International Philanthropy by Jonathon R. Moore


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