From: Bank of America - Donations <donations_cgf@reninc.com>
Sent: Thursday, December 12, 2024 3:41 PM
To: SJECCD Foundation
Subject: Grant from the Bank of America Charitable Gift Fund to San Jose Evergreen Community College District Foundation - Grant #2771833
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Hello Team,
We are with the Bank of America Charitable Gift Fund, writing regarding a donation request. Our donor, J. David Eisenberg submitted a grant recommendation to San Jose Evergreen Community College District Foundation, and we need to clarify some information.
Our due diligence revealed that while your organization is classified as a 501(c)(3) organization, is it further designated by the IRS as a 509(a)(3) supporting organization. As a result, we need to determine whether San Jose Evergreen Community College District Foundation is further designated as a Type I, II, or III organization to verify your organization's charitable status. We kindly request that you please provide one of the documents specified below as verification.
The 2006 Pension Protection Act amended the supporting organization rules to make some distributions to certain 509(a)(3) organizations a taxable expenditure unless the grantor organization conducted expenditure responsibility. Since your organization is classified as 509(a)(3), we need either an IRS letter of determination or a written legal opinion that supports your organization's designation.
Your IRS tax determination letter may explicitly state if San Jose Evergreen Community College District Foundation is further designated as a Type I, II, or III organization. If so, can you please forward a copy of this for our review?
If your tax determination letter does not reference whether you are a Type I, II, or III organization, please provide a reasoned legal opinion from counsel that supports one of these designations. Please note a legal opinion must be in writing. There are three requirements (tests) for supporting organizations, as set forth by the IRS regulations governing organizations with a 509(a)(3) status, that determine which of the three types apply to an organization. Your legal counsel will need to analyze San Jose Evergreen Community College District Foundation in relation to the following tests:
1. Organizational and Operational Test
2. Relationship Test
3. Control Test
Please visit https://www.irs.gov/pub/irs-pdf/p557.pdf to view the IRS Publication 557 which outlines in detail the requirements for the three tests referenced above. Please see pages 40-44 which describe 509(a)(3) organizations. Beginning on page 41, under "Category one - Type I and Type II supporting organizations," the document outlines the types we referenced and the requirements/tests for each, alongside examples to assist with your analysis.
Once the requested documentation is received, we will be able to determine whether expenditure responsibility is necessary for grants made to your organization. Please be aware that we are unable to proceed without this information.
If you have questions, please call us. Otherwise, for auditing purposes, please respond to this email and all information requests in writing. Your help is greatly appreciated.
Warm regards,
Ma. Esterlita Hermano | Client Support Specialist
Client Services for Ren
Service Provider for the Bank of America Charitable Gift Fund
T: 1-888-703-2345
Bank of America Charitable Gift Fund
8888 Keystone Crossing, Suite 1200
Indianapolis, IN 46240
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