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ARTICLE · 27 APRIL 2016

Program Related Investments: Final Regulations

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Final program related investment (PRI) regulations released and effective on April 25, 2016 illustrate the broad range of programs and investment types that can qualify as PRIs for private foundations.

United StatesCorporate/Commercial Law

Final Regulations Highlight the Broad Range of Available PRI Purposes, Recipients and Financial Structures

Final program related investment (PRI) regulations1 released and effective on April 25, 2016 illustrate the broad range of programs and investment types that can qualify as PRIs for private foundations. PRIs are excepted from the private foundation excise taxes on investments that jeopardize the carrying out of a foundation's exempt purposes (i.e., investments that are too risky). The original ten examples in the regulations focus on domestic situations involving deteriorated urban areas and the poor, with investments structured either as loans or purchases of common stock.2 The new and now final regulations add nine more examples that are more varied as to the qualifying exempt purposes, recipients, and financial structures available for use with PRIs. With some helpful changes, these new regulations are based in large part on proposed regulations issued

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