Yes. As the criteria for certification for a community foundation and
education foundation are substantially similar, the Department of Treasury's
Technical Services Division will administer the certification process for both
types of foundations. An application for certification as a qualified education
foundation (Form #4629) is made available on Treasury's web site each year no
later than January 1st, remaining until the filing deadline of April 1st.
The Technical Services Division's review will include the criteria shared by
each foundation that they must:
- Qualify for exemption from federal income taxation under sec. 501(c)(3) of
the Internal Revenue Code (IRC);
- Maintain an ongoing program to attract new endowment funds from a wide
range of potential donors in the community or area served;
- Meet federal treasury regulations for being publicly supported and treated
as a single entity;
- Be incorporated or established as a trust at least 6 months before the
beginning of the tax year for which the credit is claimed;
- Have an independent governing body representing the general public's
interest and that is not appointed by a single outside entity;
- Be subject to a program review each year and an independent financial
audit every 3 years, and provide copies of the same to the Department not more
than 3 months after the review or audit is completed.
Criteria unique to a community foundation are that it must:
- Reach a minimum endowment value of $100,000.00 before the expiration of
the 18-month period after the community foundation was incorporated or
established;
- Support a broad range of charitable activities within the specific
geographic area that it serves;
- Submit to the Department annually documentation that it is publicly
supported pursuant to federal treasury regulations;
- Not be a supporting organization as an organization is described in sec.
509(a)(3) of the IRC and in 26 Code of Federal Regulations 1.509(a)-4 and
1.509(a)-5;
- Have, before the expiration of 6 months after it is incorporated or
established; at least 1 part-time or full-time employee and continually
maintain the same;
- Submit to the Department annually an independent financial audit if it has
an endowment value of 1 million dollars or more;
- Operate in a county of Michigan that was not served by a community
foundation when the community foundation was incorporated or established after
January 9, 2001, or operate as a geographic component of an existing certified
community foundation.
The criterion unique to an educational foundation is that all funds are
exclusively dedicated to a school district or public school academy.
A community foundation must apply to the Technical Services Division for
certification on or before May 15 of the tax year for which the taxpayer is
claiming the credit. The application deadline for certification for an education
foundation is on or before April 1 of the tax year for which the taxpayer is
claiming the credit. The application Form #4629 will be found under the "forms"
tab on Treasury's web site at
www.michigan.gov/treasury.
A taxpayer that is also subject to the Michigan Income Tax Act of 1967, MCL
206.1 et seq., who has made a contribution to a certified community foundation
endowment fund, may choose to claim a credit on the individual income tax return
or the Michigan Business Tax (MBT) return, but not both.
However, a credit for a contribution to a certified education foundation
endowment fund is available only under the MBT.