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Moore Colson Newsletter - May / June  2008

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Named One of
America’s Top 25 Accounting Firms

by Inside Public Accounting


Alternatives to private foundations

If a private foundation isn’t the best vehicle for your needs, consider these alternatives that offer some of the flexibility of a private foundation without the administrative expense, excise taxes and tighter deductibility limitations:

Supporting organization. This is a tax-exempt entity established to fund one or more operating charities. Although donors lack control over how the organization distributes its funds, they may have some influence over its activities.

Donor-advised fund. This fund allows you to make tax-deductible contributions to an investment account. The fund then distributes your contributions and earnings to a variety of charities. You can’t direct the fund to make distributions to particular charities but you can make recommendations, which are usually followed. Community foundations and commercial investment companies typically manage donor-advised funds.

Remember that you can fund various causes directly by, for example, writing a check or giving appreciated securities (provided the charity is capable of accepting securities).


 




 

 
 

Tax Tips

News items briefly discussed are depreciation, estate planning for noncitizens, disability insurance and charitable gift deduction requirements.

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Private foundations
Retain control over your donated funds — for a price

It used to be that the cost of setting up and operating a private foundation was justified only if you planned to contribute several million dollars. But that cost has dropped dramatically over the years, so this strategy may be worth a look for donors making initial contributions as low as $250,000. Of course, whether a private foundation is right for you depends on your circumstances. This article explores reasons to set up a private foundation and potential pitfalls.

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Are your compensation arrangements in compliance?

Late last year, the IRS gave businesses a reprieve until Jan. 1, 2009, to bring nonqualified deferred compensation arrangements and documents into compliance. The extension is welcome news for many companies that were wrestling with complex final regulations under Internal Revenue Code Section 409A. But that doesn’t mean you don’t have to comply with the regulations yet, because “good-faith” compliance with Sec. 409A itself and IRS guidelines has been required since 2005. Of course, the best way to demonstrate good faith is to continue your compliance efforts. This article looks at Sec. 409A requirements, including how they affect stock options.

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Vacation homes provide tax planning opportunities, pitfalls

If you own a vacation home, it pays to consider the tax implications, especially if you plan to use the home for both personal enjoyment and rental income. In some cases, minor adjustments in the way you use the home can reduce your tax bill. This article reviews the differences between residence and rental classification of a vacation home, and the tax implications.

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