Welcome to EO Radio Show - Your Nonprofit Legal Resource. Today’s episode focuses on IRC Section 4945(g), which provides an exception for grants to individuals so that the penalty taxes for such grants won’t apply. We cover the requirements for a private foundation to establish a program that makes grants to individuals, awarded on an objective and nondiscriminatory basis according to a procedure approved in advance by the IRS.

The episode covers the requirements for demonstrating to the satisfaction of the IRS that the grant constitutes a scholarship or fellowship grant or the grant constitutes a prize or award, the purpose of which is to achieve a specific objective, produce a report or other similar product, or improve or enhance a literary, artistic, musical, scientific, teaching, or other similar capacity, skill, or talent of the grantee.

Resources:

IRS Website link for Form 8940 and Instructions for requesting pre-approval of a grant procedure.

Compliance Guide for 501(c)(3) Private Foundations

IRS Site on Private Foundation Grants to Individuals

Private Letter Ruling 202337010

If you have suggestions for topics you would like us to discuss, please email us at [email protected]. Additional episodes can be found at EORadioShowByFarella.com. 

DISCLAIMER: This podcast is for general informational purposes only. It is not intended to be, nor should it be interpreted as, legal advice or opinion.