Transfer of assets to a public charity: Private foundation termination


A private foundation may terminate its status under section 507(b)(1)(A) by distributing its net assets to organization(s) with ruling or determination letters that they are public charities described in Code section 509(a)(1). However, the organization to which the distribution is made must have been in existence and so described for a continuous period of at least 60 months before the distribu­tion.

A distribution to a public charity formed from the consolidation of two public charities, for the same purpose and with the same activity, each of which would have met the 60-month exis­tence requirement, had they not consolidated, is a qualifying distribution.

A private foundation that terminates its sta­tus in compliance with section 507(b)(1)(A) is not required to notify the IRS of its intent to terminate and does not incur any tax under section 507(c).

An organization will have distributed all its net assets only if it transfers all of its right, title, and interest in, and to, all of its net assets.

An organization that continues in existence after terminating its private foundation status under section 507(b)(1)(A) must file a new appli­cation on Form 1023 in order to be treated as a section 501(c)(3) organization, unless it is a type of organization that is not required to file Form 1023.

Revenue Ruling 2003-13PDF describes the responsibilities of a private foundation that transfers all of its assets to one or more public charities.

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