Home Table of Contents

§ 14-303. Actions prohibited by private foundations or charitable trusts

West's Annotated Code of MarylandEstates and Trusts

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 14. Trusts (Refs & Annos)
Subtitle 3. Charitable Trusts (Refs & Annos)
MD Code, Estates and Trusts, § 14-303
§ 14-303. Actions prohibited by private foundations or charitable trusts
In general
(a) In the administration of any trust which is a “private foundation,” as defined in § 509 of the Internal Revenue Code, a “charitable trust,” as defined in § 4947 (a)(1) of the Internal Revenue Code, or a “split-interest trust,” as defined in § 4947 (a)(2) of the Internal Revenue Code, the acts specified in this section are prohibited.
Self-dealing
(b) It is unlawful to engage in any act of “self-dealing,” as defined in § 4941 (d) of the Internal Revenue Code, which would cause any tax liability under § 4941 (a) of the Internal Revenue Code.
Retention of excess business holdings
(c) It is unlawful to retain any “excess business holdings,” as defined in § 4943 (c) of the Internal Revenue Code, which would cause any tax liability under § 4943 (a) of the Internal Revenue Code.
Investments which would jeopardize carrying out of exempt purposes
(d) It is unlawful to make any investment which would jeopardize the carrying out of any exempt purposes under § 4944 of the Internal Revenue Code and cause any tax liability under § 4944 (a) of the Internal Revenue Code.
Taxable expenditures
(e) It is unlawful to make any “taxable expenditures,” as defined in § 4945 (d) of the Internal Revenue Code, which would cause any tax liability under § 4945 (a) of the Internal Revenue Code.
Exceptions
(f) This section does not apply to any part of a split-interest trust which is not subject to the prohibitions applicable to private foundations because of the provisions of § 4947 of the Internal Revenue Code.

Credits

Added by Acts 1974, c. 11, § 2, eff. July 1, 1974. Amended by Acts 1976, c. 273, § 1; Acts 1988, c. 110, § 1.
Formerly Art. 16, § 199D.
MD Code, Estates and Trusts, § 14-303, MD EST & TRST § 14-303
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document