Employer-related scholarship procedures receive advance approval

Plain-English summary

A private foundation proposed scholarships for children and other relatives of employees of a company and its subsidiaries. An independent organization and its selection committees would choose recipients using academic achievement, activities, recommendations, and an essay, then pay the awards through the students' educational institutions. The program would not use scholarships to recruit employees or cancel an award if an employee left the company. The foundation represented that the program would satisfy Revenue Procedure 76-47's percentage limits, with certain highly selective applicants evaluated under the procedure's facts-and-circumstances test. The IRS approved the procedures under section 4945(g)(1), so compliant awards would not be taxable expenditures and would be tax-free to recipients to the extent used for qualified tuition and related expenses under section 117(b).

Ruling snapshot

• Question: Did the proposed employer-related scholarship procedures qualify for advance approval under section 4945(g)(1)?
• Outcome: Approved, subject to continued compliance with Revenue Procedure 76-47 and the stated procedures.
• Key authorities: IRC §§ 117, 170(b)(1)(A)(ii), and 4945(g); Rev. Proc. 76-47.

Full text (IRS public release)

Scanned document; transcription proofread from IRS OCR against all five page images. Obvious OCR misreads were corrected, redacted identifiers and amounts are marked [redacted], and wording is otherwise verbatim.

Internal Revenue Service                         Department of the Treasury
P.O. Box 2508
Cincinnati, OH 45201

Number: 201811018                               Employer Identification Number:
Release Date: 3/16/2018                         [redacted]

Date: December 22, 2017                        Contact person - ID number:
                                                [redacted]
                                                Contact telephone number:
                                                [redacted]

LEGEND                                          UIL: 4945.04-04
C = Employer

Dear [redacted]:

You asked for advance approval of your employer-related scholarship grant procedures
under Internal Revenue Code section 4945(g). This approval is required because you are
a private foundation that is exempt from federal income tax. You requested approval of
your scholarship program to fund the education of certain qualifying students.

Our determination

We approved your procedures for awarding employer-related scholarships. Based on the
information you submitted, and assuming you will conduct your program as proposed, we
determined that your procedures for awarding employer-related scholarships meet the
requirements of Code section 4945(g)(1). As a result, expenditures you make under
these procedures won’t be taxable.

Also, awards made under these procedures are scholarship or fellowship grants and are
not taxable to the recipients if they use them for qualified tuition and related expenses
(subject to the limitations provided in Code section 117(b)).

Description of your request

Your letter indicates you will sponsor scholarships for children of employees of C and its
subsidiaries through [redacted].

To be eligible for this scholarship, applicants must be high school students who are sons
or daughters of employees of C or its subsidiaries. Applicants must also be citizens of
the United States, or be lawful permanent residents thereof (or have applied for
permanent residence, the application for which has not been denied) and intend to
become U.S. citizens at the earliest opportunity allowed by law.

The program will provide up to [redacted] scholarships at $[redacted] per year for four years.

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Under the [redacted] program, you enter into an agreement with [redacted] to sponsor a
specified number of college scholarships for children and/or other relatives of employees
of C. [redacted] selects individual scholarship recipients [redacted].

[redacted] selects students from among those children and/or other relatives of employees
who [redacted] to receive scholarships
sponsored by C. The probability of [redacted]
(and therefore becoming eligible for a scholarship) is extremely low.

Only [redacted] will be counted in
determining whether the percentage test of Rev. Proc. 76-47 is met with respect to
awards made under the [redacted] program.

Under the [redacted] program, if the number of children and/or other relatives who
qualify [redacted] is less than the number of scholarships that C agreed to sponsor,
[redacted] selects additional [redacted] scholarship recipients from among high-performing
students [redacted]. The number of [redacted] recipients is
limited to not more than 25% of eligible applicants in accordance with the percentage test
of Section 4.08 of Rev. Proc. 76-47.

The selection of individual grant recipients is made by selection committees designated
by [redacted]. The members of the selection committee are totally independent and separate
from C. [redacted] confirms the individual scholarship recipient’s enrollment at the
educational institution, makes payment of the award through the appropriate financial aid
office of the educational institution, and supervises and investigates the use of the grant
funds by the recipients in their educational program.

The selection committee will choose the scholarship recipients by evaluating each
applicant’s high school academic record; significant activities and contributions to the
school and community; test scores; the school’s recommendation of the candidate; and
the student's essay about personal characteristics, activities, plans, and goals.
Scholarship winners will be chosen on a competitive basis and without regard to family
financial circumstances, gender, race, ethnic origin, or religious preference. The
decisions made by [redacted] regarding the selection of [redacted] scholarship recipients and
continuation of such [redacted] scholarships will be made in its sole discretion. The
scholarships will not be used as a means of inducement to recruit employees nor will a
grant be terminated if an employee parent or relative leaves the company. Scholarships

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will only be awarded to students who plan to enroll in an institution that meets the
requirements of section 170(b)(1)(A)(ii) of the Code.

The following items are additional criteria about who may accept and continue to receive
the scholarship:

a. A recipient must enter college in the fall term following selection and must enroll as
   a full-time undergraduate in a college or university in the United States that holds
   accredited status with a regional accrediting commission on higher education.

b. Scholarship stipends are not payable for attendance at service academies, virtual
   universities, and certain institutions that are limited in their purposes or training.

c. The recipient must attend college during the day, enroll in a course of study
   leading to one of the traditional baccalaureate degrees, and remain in good
   academic and disciplinary standing.

d. The college or university must meet the requirements of Section 170(b)(1)(A)(ii) of
   the Code.

e. A student awarded this scholarship will not be eligible for any other monetary
   scholarship awarded by [redacted].

[redacted] will supply statistical information on applications received and grants made which
will enable you to maintain the records required by Rev. Proc. 76 47. You have agreed
that your scholarship program will meet the requirements of Rev. Proc. 76 47, and that
awards will be in compliance with the 25 percent test of section
4.08 applicable to a program that awards grants to children and/or relatives of employees
of a particular employer.

Basis for our determination

The law imposes certain excise taxes on the taxable expenditures of private foundations
(Code section 4945). A taxable expenditure is any amount a private foundation pays as a
grant to an individual for travel, study, or other similar purposes. However, a grant that
meets all of the following requirements of Code section 4945(g) is not a taxable
expenditure.

• The grant is awarded on an objective and nondiscriminatory basis.
• The IRS approves in advance the procedure for awarding the grant.
• The grant is a scholarship or fellowship subject to Code section 117(a).
• The grant is to be used for study at an educational organization described in Code
  section 170(b)(1)(A)(ii).

Revenue Procedure 76-47, 1976-2 C.B. 670, provides guidelines to determine whether
grants a private foundation makes under an employer-related program to employees or
children of employees are scholarship or fellowship grants subject to the provisions of
Code section 117(a). If the program satisfies the seven conditions in sections 4.01
through 4.07 of Revenue Procedure 76-47 and meets the applicable percentage tests

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described in section 4.08 of Revenue Procedure 76-47, we will assume the grants are
subject to the provisions of Code section 117(a).

If a private foundation's program satisfies the seven conditions set forth in sections 4.01
through 4.07, but does not meet the percentage test of section 4.08 applicable to grants
to employees’ children or to grants to employees, as the case may be, the question
whether the grants, awarded to individuals in the category (children or employees) in
respect of which the percentage test was not met, are scholarships or fellowship grants
subject to the provisions of section 117(a) of the Code will be determined on the basis of
all the facts and circumstances.

Your procedures for awarding scholarships to students [redacted]
are considered to satisfy the “facts and circumstances” test of Rev.
Proc. 76-47 because the probability of [redacted]
(and therefore becoming eligible for a scholarship) is extremely
low. Therefore, only those scholarships offered to individuals below the [redacted]
under your [redacted] program will be counted in determining whether the
percentage test of Rev. Proc. 76-47 is met.

You represented that your [redacted] program will meet the requirements of
either the 25 percent or 10 percent percentage test in Revenue Procedure 76-47. These
tests require that:

• The number of grants awarded to employees’ children in any year won’t exceed 25
  percent of the number of employees’ children who were eligible for grants, were
  applicants for grants, and were considered by the selection committee for grants,
  or

• The number of grants awarded to employees’ children in any year won’t exceed 10
  percent of the number of employees’ children who were eligible for grants
  (whether or not they submitted an application), or

• The number of grants awarded to employees in any year won’t exceed 10 percent
  of the number of employees who were eligible for grants, were applicants for
  grants, and were considered by the selection committee for grants.

You further represented that your procedures for awarding grants will meet the
requirements of Revenue Procedure 76-47:

• An independent selection committee whose members are separate from you, your
  creator, and the employer will select individual grant recipients.

• You will not use grants to recruit employees nor will you end a grant if the
  employee leaves the employer.

• You will not limit the recipient to a course of study that would particularly benefit
  you or the employer.

Other conditions that apply to this determination:

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• This determination only covers the grant program described above. This approval
  will apply to succeeding grant programs only if their standards and procedures
  don’t differ significantly from those described in your original request.

• This determination is in effect as long as your procedures comply with sections
  4.01 through 4.07 of Revenue Procedure 76-47 and with either of the percentage.
  tests of section 4.08 and/or the facts and circumstances test. If you establish
  another program covering the same individuals, that program must also meet the
  applicable tests.

• This determination applies only to you. It may not be cited as a precedent.

• You cannot rely on the conclusions in this letter if the facts you provided have
  changed substantially. You must report any significant changes to your program to
  the Cincinnati Office of Exempt Organizations at:

  Internal Revenue Service
  Exempt Organizations Determinations
  P.O. Box 2508
  Cincinnati, OH 45201

• You cannot award grants to your creators, officers, directors, trustees, foundation
  managers, or members of selection committees or their relatives.

• All funds distributed to individuals must be made on a charitable basis and further
  the purposes of your organization. You cannot award grants for a purpose that is
  inconsistent with Code section 170(c)(2)(B).

• You should keep adequate records and case histories so that you can substantiate
  your grant distributions with the IRS if necessary.

Please keep a copy of this letter in your records.

We have sent a copy of this letter to your representative as indicated in your power of
attorney.

If you have questions, please contact the person listed at the top of this letter.

Sincerely,

Stephen A. Martin
Director, Exempt Organizations
Rulings and Agreements

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