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Foreign Charities active in the U.S. – Public? Or Private Foundations?

Foreign nonprofit organizations have become more active in the U.S. in carrying out their charitable mandates.  Such activities include performances in the U.S. by foreign artistic companies and the use by U.S. charities of technology and know-how developed by foreign charities.  Fees earned by foreign charities could be subject to U.S. income or withholding taxes, but those taxes can be reduced or eliminated if specific procedures are followed. Much will depend on the status of organization as a “public charity” or a “private foundation,” terms that make reference to the organization’s funding sources.  Nina Krauthamer and Galia Antebi explain the U.S. rules that are applicable.

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