35-2-127. Private foundations.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

35-2-127 . Private foundations.

(1)Except as otherwise determined by a court of competent jurisdiction, a corporation that is a private foundation as defined in section 509(a) of the Internal Revenue Code of 1986:

(a)shall distribute amounts for each taxable year at a time and in a manner as not to subject the corporation to tax under section 4942 of the Internal Revenue Code;

(b)may not engage in any act of self-dealing as defined in section 4941(d) of the Internal Revenue Code;

(c)may not retain any excess business holdings as defined in section 4943(c) of the Internal Revenue Code;

(d)may not make any taxable investments or expenditures as provided in sections 4944 and 4945 of the Internal Revenue Code; and

(e)may not make any taxable expenditures as defined in section 4945(d) of the Internal Revenue Code.

(2)All references in this section to sections of the Internal Revenue Code are to sections of the Internal Revenue Code of 1986, as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States.