Skip to content
Longterm Wiki

IRS - Excess Business Holdings of Private Foundation

government

This is a tax/legal compliance reference for private foundations; it has no direct relevance to AI safety but may appear in contexts involving AI safety nonprofit governance or philanthropic funding structures.

Metadata

Importance: 8/100guidance documentreference

Summary

This IRS guidance defines 'excess business holdings' for private foundations, setting limits on ownership stakes in business enterprises to prevent foundations from controlling commercial activities. Key thresholds include a 20% voting stock limit (reduced by disqualified persons' holdings), a 35% exception when third parties hold effective control, and a de minimis 2% safe harbor.

Key Points

  • Private foundations generally may not hold more than 20% of voting stock in a business enterprise, reduced by disqualified persons' holdings.
  • A 35% threshold applies if an unrelated third party effectively controls the business enterprise.
  • A de minimis exception permits holdings up to 2% without triggering excess business holdings rules.
  • Special attribution rules determine combined ownership across different entity structures and related parties.
  • Rules also address sole proprietorships and nonvoting stock in calculating permitted holdings.

Cited by 1 page

PageTypeQuality
OpenAI FoundationOrganization87.0

Cached Content Preview

HTTP 200Fetched Apr 9, 20268 KB
Excess business holdings of private foundation defined | Internal Revenue Service 
 
 
 
 

 

 
 
 
 Skip to main content
 
 

 
 
 

 
 
 
 
 
 
 Official websites use .gov
 

 
 A .gov website belongs to an official government organization in the United States.
 

 
 
 
 
 
 Secure .gov websites use HTTPS 

 
 A lock 
 ( )
 or https:// means you've safely connected to the .gov website. Share sensitive information only on official, secure websites.
 

 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

 
 
 
 
 
 
 
 
 
 
 
 
 English
 
 
 Español 
 中文 (简体) 
 中文 (繁體) 
 한국어 
 Русский 
 Tiếng Việt 
 Kreyòl ayisyen 
 
 

 

 

 
 
 
 
 
 
 Search
 
 

 
 
 
 
 Sign in 
 
 
 Individual 
 

 
 Business 
 

 
 Tax Pro 
 

 
 
 Access your tax information with an IRS account.

 
 Refunds

 Payments

 Tax records

 
 
 
 

 
 Create account 
 

 
 
 

 
 

 

 

 
 
 Menu
 
 

 
 
 

 
 
 
 
 
 
 
 
 

 

 
 
 Search 
 
 

 

 

 

 
 
 Include Historical Content 
 
 
 - Any - No 
 

 

 

 

 
 
 Include Historical Content 
 
 
 - Any - No 
 

 

 
 
Search 

 

 
 
 

 

 
 
 
 
 
 
 
 
 
 
 
 

 

 
 
 Search 
 
 

 

 

 

 
 
 Include Historical Content 
 
 
 - Any - No 
 

 

 

 

 
 
 Include Historical Content 
 
 
 - Any - No 
 

 

 
 
Search 

 

 
 
 

 

 
 
 
 
 
 

 

 
 
 
 
 
 
 

 
 
 File 
 

 
 Overview 
 INFORMATION FOR… 
 Individuals 
 Business and self-employed 
 Charities and nonprofits 
 International filers 
 Retirement 
 Governments and tax-exempt bonds 
 Indian Tribal Governments 
 FILING FOR INDIVIDUALS 
 How to file 
 When to file 
 Where to file 
 Update your information 
 POPULAR 
 Tax record (transcript) 
 Apply for an Employer ID Number (EIN) 
 Amend return 
 Identity Protection PIN (IP PIN) 
 
 
 
 Pay 
 

 
 Overview 
 PAY BY 
 Bank Account (Direct Pay) 
 Payment Plan (Installment Agreement) 
 Electronic Federal Tax Payment System (EFTPS) 
 POPULAR 
 Your Online Account 
 Tax Withholding Estimator 
 Estimated Taxes 
 Penalties 
 
 
 
 Refunds 
 

 
 Overview 
 About refunds 
 Direct deposit 
 Reduced refunds 
 Where’s my amended return? 
 
 
 
 Credits & Deductions 
 

 
 Overview 
 INFORMATION FOR... 
 Individuals 
 Businesses & Self-Employed 
 POPULAR 
 Earned Income Credit (EITC) 
 Child Tax Credit 
 Clean Energy and Vehicle Credits 
 Standard Deduction 
 Retirement Plans 
 
 
 
 Forms 
 

 
 Overview 
 POPULAR FORMS & INSTRUCTIONS 
 Form 1040 
 Form 1040 Instructions 
 Form W-9 
 Form 4506-T 
 Form W-4 
 Form 941 
 Form W-2 
 Form 9465 
 POPULAR FOR TAX PROS 
 Form 1040-X 
 Form 2848 
 Form W-7 
 Circular 230 
 
 
 
 Report Fraud 
 

 
 Overview 
 Tax fraud and scams 
 Identity theft 
 Fake IRS email or message 
 Tax return preparer 
 
 
 

 

 

 
 
 

 
 
 
 
 
 

 

 Excess business holdings of private foundation defined

 
 
 
 
 
 
 
 
 
 
 

 
 

 

 
 
 

 
 

 
 
 
 
 

 

 
 
 More In File
 
 
 

 
 
 
 
 Individuals 
 

 
 Businesses and self-employed 
 

 
 Charities and nonprofits 
 
 
 Exempt organizati

... (truncated, 8 KB total)
Resource ID: b85a6c317febe716 | Stable ID: sid_czj8B29jeQ