Can private foundations reimburse expenses paid for with a personal check or credit card?
Yes, while it is advisable for foundation managers to cover operating expenses from the foundation's own bank account, there are provisions for reimbursing legitimate expenses incurred by foundation insiders and employees. In fact, if the foundation does not reimburse a valid expense, the person who paid it can consider it a charitable contribution to the foundation. However, it's important to note that such contributions should be properly documented and meet IRS requirements in order to be claimed as charitable deductions. This is especially important when the contributed amount exceeds the $250 reporting threshold, as tax-exempt organizations are required to provide a formal acknowledgment letter for donations above this amount.
What qualifies as a legitimate expense for reimbursement? Any reasonable and necessary expense directly related to the foundation's charitable purpose is eligible for reimbursement. Common examples include office supplies, travel expenses, accounting fees, legal fees, other professional fees, and technology and software costs.
The Importance of an Accountable Plan: An accountable plan is an essential accounting policy that adheres to specific IRS regulations for reimbursements. By adhering to an accountable plan, reimbursements are not considered taxable income for the individual receiving them. Additionally, neither the organization nor the individual is required to pay payroll taxes on these reimbursements. If reimbursements do not meet the requirements of an accountable plan, however, they may be treated as taxable wages—an outcome that is unfavorable for both the foundation and the individual.
Conditions for an Accountable Plan: For a reimbursement policy to qualify as an accountable plan, the following conditions must be met:
• All reimbursements must be for reasonable and necessary expenses directly related to the foundation's charitable mission.
• Reimbursable expenses must be substantiated within a reasonable timeframe, typically within 60 days, through receipts, invoices, or similar documentation.
• Any excess overpaid by the foundation must be returned to the organization within a reasonable period, often within 120 days.
• While accountable plans do not necessarily need to be in writing, it is highly recommended to formalize an expense reimbursement policy that clearly outlines the accountable plan requirements.
Prohibition of Personal Gain: It is important to distinguish between two financial transaction scenarios concerning private foundations. First, when an individual pays for an expense on behalf of the foundation, this is typically considered an informal lending of funds to the foundation. Such actions are generally acceptable and do not raise concerns, as long as they are properly documented.
In contrast, when a foundation disburses funds to cover personal expenses of its insiders, even as a short-term loan that is promptly repaid, this constitutes self-dealing. Self-dealing carries significant legal and ethical implications and is strictly prohibited for private foundations. Foundation assets must be exclusively used to advance their charitable objectives. Reimbursements for personal expenses are strictly forbidden and could result in severe financial penalties due to self-dealing violations.
Conclusion: Reimbursements for legitimate expenses are common in private foundations but must strictly adhere to the guidelines of an accountable plan. Proper documentation, compliance with IRS regulations, and the establishment of a clear reimbursement policy are critical to maintaining legal compliance and avoiding potential issues.
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