Your Legal Questions Answered

Search Questions Previously Answered

Is gift to wife's charity OK?

I am a member of a 501(c)(3) service club. I am told that the club cannot make a contribution to a 501(c)(3) youth organization because my wife is a member of its Board and that such a gift is prohibited by the IRS as a conflict of interest. Is this true?

No.  A public charity is not prohibited by the Tax Code from making a contribution to another public charity because of relationships among members of the Boards.  The club may have a policy of not giving to an organization where a relative of a member is on the governing body, but that would arbitrarily eliminate gifts to a lot of good organizations, and is certainly not required by the IRS.  Ask for a specific citation of authority for the statement.  Whoever told you the rule may have a hard time finding it.

Comments

Agreed, but if you are a board member disclose the relationship and abstain from voting.

Add new comment

The content of this field is kept private and will not be shown publicly.

Plain text

  • No HTML tags allowed.
  • Web page addresses and email addresses turn into links automatically.
  • Lines and paragraphs break automatically.