Legal Webinar: Understanding Private Foundations 2026
Description
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Understanding Private Foundations, DAFs, and Other Forms of Philanthropy Wednesday, June 10 | 1:30 PM – 3:00 PM | Webinar Presented by: Offered in Partnership with: Nonprofit Issues *CPE & CLE credits are available for this program for accountants and lawyers; to receive credit you must register through Nonprofit Issues.
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Are you a donor, a grant-seeker, a philanthropic manager, or a professional adviser to any of them? If so, you need to know the rules that distinguish various philanthropic structures. Knowing what rules apply — and how to apply them — can make the difference between success and failure of your projects. This webinar will focus on private foundations and their special requirements, but will compare private foundations with donor advised funds, supporting organizations, and other forms of charitable activity. We will discuss when you might want to form a 501(c)(4) social welfare organization as a “foundation” that isn’t a private foundation. With private foundations, we will focus on the 1.39% excise tax on investment income (why you need to know the tax basis of property given to you and how to reduce the tax), self-dealing (compared to excess benefits at public charities), the minimum distribution requirement (and a currently legal way to avoid it), excess business holdings, jeopardy investments and socially responsible investments, and taxable expenditures, including the limitations on lobbying. We will explain why many “conversion foundations” formed from the sale of charitable hospitals elected to become community foundations to avoid the limitations on lobbying. We will explain how private foundations can support the lobbying activities of others and provide working capital for economic development. We will explain how the managers of a private foundation can terminate the foundation but continue the fun of grantmaking. We will discuss the private foundation rules not only from the perspective of private foundation managers seeking to comply, but also from the perspective of grant seekers seeking to fit their projects within the limitations of a private foundation’s program. From a broader perspective of philanthropy, we will discuss the rise in nonprofit journalism, the Chan-Zuckerberg initiative, use of (c)(4) social welfare organizations as an alternative to charity, and how the Paul Newman Foundation resolved its excess benefit holdings issue in a way that might help other private foundations. Don Kramer, Esq., Editor of Nonprofit Issues® will present. Melissa Sines, Interim Standards for Excellence Director for the Pennsylvania Association of Nonprofit Organizations (PANO), will serve as moderator. This program is offered in partnership with PANO. Participants will receive a package of materials from Nonprofit Issues® and PANO. *CPE & CLE credits are available for this program for accountants and lawyers; to receive credit you must register through Nonprofit Issues. |
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Single Login Cost: Terms of Participation Group Screening Cost (4-10 individuals): Terms of Participation This option makes the most sense when you have 4-10 individuals interested in viewing the webinar. For fewer than 4 attendees, a single login ticket for each person is the most cost-effective option. For more than 10 attendees, please email Christina at christina@pano.org to discuss options.
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Materials & Login/Call-In Instructions: Can’t attend? All webinar registrants will receive a recording of the webinar following the live session! |
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About the Facilitators Donald W. Kramer serves as chair of Montgomery McCracken’s Nonprofit practice group. Don has more than 45 years of experience dealing with the concerns of nonprofit organizations, not only as a lawyer, but also as a teacher, writer, publisher, and board member. He has worked with nonprofits of all types and sizes, helping structure startup situations and restructure multiorganizational health and educational systems. He counsels on a wide range of nonprofit corporate structure and governance, private and community foundations, continuing care retirement communities, exempt organization taxation, low-income housing tax credit transactions, real estate, charitable giving, and other nonprofit issues. Don has provided legal services to The Philadelphia Foundation for more than 40 years. Don serves as the editor and publisher of Don Kramer’s Nonprofit Issues®, a national newsletter of “Nonprofit Law You Need to Know,” which he founded in 1989. Prior to joining Montgomery McCracken in 1972, Don served as deputy development coordinator and assistant to the mayor of Philadelphia. Melissa Sines is a dynamic leader and strategist and one of the co-founders of Colmena Consulting. Melissa brings deep expertise to her work with public sector organizations, focusing on building collective vision, nurturing emergent strategy, and developing and holding meaningful spaces for building community, learning together, and supporting leadership at all levels for nonprofit and philanthropy boards of directors, executive leadership, and program and operations staff. At her core, Melissa’s purpose is to build deep and authentic connections, share knowledge, and be the voice that questions assumptions and challenges the status quo. She is a sense-maker, connector, and network strategist that can help navigate the space between what we are and what we have the ability to become – a sector full of people, movements, and organizations that live our values through our work. Learn more about Melissa here |