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Question: What are the constraints imposed on Public Charities and Private Foundations?
   
Answer: The private foundation faces many constraints not faced by their public counterparts. For instance, a private foundation must distribute at least 5% of the fair market value of its assets annually. Failure to do so results in a 15% tax on undistributed income. Private foundation regulations identify a disqualified person, and they restrict her ability to own stock in a corporation whose stock is also owned by the private foundation. In addition, a private foundation faces taxes and penalties on any investment that jeopardizes its charitable purpose. Public charities are given more freedom to engage in some lobbying activities; private foundations are subject to punitive excise tax penalties if they engage in any lobbying. Both types however, face an outright ban on political campaigning.
Additional Information : http://www.allianceforjustice.org/nonprofit/about/faq/
 
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Date: 11/17/09
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