“Charitable” LLC

Not a Public Charity, Private Foundation or Charitable Trust

  • LLC not subject to mandatory distributions or prohibitions on self-dealing, excess business holdings, jeopardy investments and taxable expenditures (e.g., lobbying/political activities)
  • LLC not subject to attorney general oversight
  • LLC tax return not subject to public disclosure
  • Assets not permanently restricted for charitable purposes; can be used for any permissible purpose under state law
  • LLC not exempt from federal income tax; taxed as “pass-through” to owners
  • No charitable income tax deduction from funding; future benefit if LLC donates to charity

REF: Justin T. Miller, J.D., LLM. Chartable Tax Planning in the time of COVID-19, September, 2020

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