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IRS Increasing Scrutiny of Private Foundations

IRS Officials recently indicated that its Tax Exempt and Government Entities (TEGE) Division trained more than 400 agents on the use of private foundations for tax planning for high-net-worth individuals. The agency has also identified more than 1,000 private foundations “that have linkages or that are interwoven into” high-wealth enterprises. The comments, which were delivered at the June 18 NYU Tax Controversy Forum, mark a change from the agency’s previous practice with the coordination of personnel from different divisions to give closer scrutiny to an individual’s related entities — including private foundations. 

Earlier this month, the IRS Large Business and International (LB&I) Division began alerting hundreds of high-income individuals that it was reviewing their tax returns and those of their related entities, including private foundations. LB&I Division Commissioner Douglas O’Donnell announced that the IRS will open several hundred new audits with letters expected to go out through September.

With increased IRS scrutiny, 501(c)(3) private foundations that find themselves in the crosshairs of the IRS should consult with tax counsel with 501(c)(3) experience. Seltzer Caplan McMahon Vitek tax attorneys are experienced in handling such unique audits and can provide guidance.

Read more in Law360 (subscription required).

For more information, please contact SCMV tax attorney Brian Katusian.

August 4th, 2020  |  Categories: News, Transactional Tax Planning & Tax Controversy
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