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Self-dealing rules are sometimes confusing. In any event, a small foundation has to determine whether a potential transaction constitutes self-dealing. For this reason, we’ve come up with three straightforward questions that lean funders can apply to any situation.
1. Does the transaction involve a disqualified person?
The Internal Revenue Service defines a disqualified person as one of the following:
- Officers, directors, trustees, and others with similar authority at the foundation
- Substantial contributors to the foundation (who have given $5,000 or more, and 2% or more of the foundation’s income over the life of the foundation)
- Family members of those previously listed, including spouses, ancestors, and descendants and their spouses—but not siblings
- Entities controlled by disqualified persons (with a share or interest of 35% or more)
- Certain government officials
2. Is the transaction on the list of self-dealing transactions?
On the whole, this is the list of prohibited self-dealing transactions:
- Sale, exchange, or lease of property
- Furnishing goods, services, or facilities for money
- Lending money or extending credit
- Payment to, compensation of, or reimbursement of a disqualified person
- Transfer to or use of the foundation’s income or assets by a disqualified person
- Payment of money or property to a government official
3. Does an exception apply?
As shown above, the list of prohibited transactions is sweeping. Thus, there are several recognized exceptions:
Read the full article about self-dealing at Exponent Philanthropy.