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About Harvey Mechanic
Expertise
US Federal tax issues of nonprofit 501(c)(3) public charities only. Establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. To search my previous answers you can do a Google search:
site:allexperts.com/q/nonprofit
[with your other search terms appended].

Experience
I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar.

Education/Credentials
B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude

 
   

You are here:  Experts > Real Estate > Tax Planning: U.S. > Nonprofit Law > can a community foundation hold an LLC interest without generating UBIT

Nonprofit Law - can a community foundation hold an LLC interest without generating UBIT


Expert: Harvey Mechanic - 7/2/2009

Question
I have interest in an LLC which I would like to donate to a
501(C)3, however this would cause obvious UBIT problems.
could I donate it to a donor advised fund at a community
foundation instead and then when the LLC is liquid, the
proceeds could go to the 501? is there anyway to allow me to
donate LLC interest now, recognize the taxable deduction,
and not have it cause problems for the 501, given they LLC
interest could not be sold for a few years.

Answer
First I would need to know if the LLC interest comes with any management responsibility, like a general partner, or would it be, in the alternative, a limited partnership interest (no authority).

Harvey Mechanic
Attorney at Law
Harvey108@hotmail.com

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