Scholarship and ministry loan-repayment procedures approved

Plain-English summary

A private foundation proposed scholarships for full-time theological students and loan-repayment grants for graduates working in ministry. Applicants had to attend or have graduated from a qualifying U.S. theological seminary, pursue full-time ministry work, and demonstrate commitment, leadership, academic performance, interpersonal skills, communication skills, and service. The foundation would use an independent selection process, exclude disqualified persons and their dependents, generally pay schools or loan holders directly, require reports, investigate misuse, and seek recovery of diverted funds. The IRS approved the procedures under section 4945(g)(1), so grants made under them would not be taxable expenditures. Scholarship or fellowship awards used for qualified tuition and related expenses would also be nontaxable to recipients, subject to section 117(c).

Ruling snapshot

• Question: Did the foundation's scholarship and ministry loan-repayment grant procedures satisfy section 4945(g)(1)?
• Outcome: Approved
• Key authorities: IRC §§ 117(a), 117(c), 170(b)(1)(A)(ii), and 4945(g)(1)

Full text (IRS public release)

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

Employer Identification Number:

Number: 201530023
Release Date: 7/24/2015 Contact person - ID Number:

Contact telephone number:

Date: April 28, 2015
UIL: 4945.04-04

LEGEND

y= Quantity
z dollars= Amount

Dear

You asked for advance approval of your 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 scholarships. Based on the information
you submitted, and assuming you will conduct your program as proposed, we
determined that your procedures for awarding 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 provide in Code section 117(c)).

Description of your request

Your letter indicates you will be providing scholarships and grants to students and
professionals who exhibit the highest levels of skill, compassion, and leadership in
ministry.

Letter 4792 (10-2012)
Catalog Number 58263T

The scholarship program is for students intending on pursuing a career in theology and a
grant program for those who have already graduated from a college or university and are
pursuing a career in theology. The grant program would be a loan repayment program for
those who have already graduated from a college or university and are pursuing a career
in theology. The Foundation is concerned about the current state of religion in the U.S.;
specifically that the overwhelming expense of education is prohibiting those that want to
pursue theological ministry due to the predominantly low wages earned in the field.
Therefore, it is the intent of the Foundation to further facilitate the education of religious
teachers and ministers participating by providing an opportunity for loan repayment

Currently, you are annually awarding approximately y grants for z dollars. The award is
made on a one-time basis and may be renewable. Your board will determine the number
of grants and the grant amount. A scholarship recipient cannot be related to a member of
your selection committee or to any disqualified person. All grants are made on objective
and non-discriminatory basis.

To be considered for a scholarship or grant, a candidate must meet the following criteria:

• Plan to be enrolled, be enrolled, or have graduated from a theological seminary in
the United States described in § 170(b)(1)(A)(ii) of the IRC.

• Student applicants must be full-time students. Professional applicants must have a
degree from a theological seminary.

• Intend to work or currently work full-time in some ministry capacity. Applicants will
be judged on commitment to ministry, leadership qualities, academic performance,
interpersonal skills, communication skills, and involvement in serving others.

• Not be a dependent of any disqualified person with respect to the Foundation.

To qualify for a grant, recipients must submit an application to the Foundation and must
exhibit the highest levels of skill, compassion, and leadership in ministry. The Board of
Directors will review each application and determine if there are any qualified applicants.
Selection of recipients will be based on the follow criteria:

(A) For student applicants:

• An application.

• Transcripts of high school grades and reports of scores on the Scholastic Aptitude
Test (SAT) or American College Test (ACT), or college grades, as applicable.

• A résumé of achievements, activities, and honors; and

Letter 4792 (10-2012)
Catalog Number 58263T

• At least one reference letter from instructors or other individuals not related to the
applicant, regarding the character and personality of applicant.

(B) For professional applicants:
• An application.
• Diploma evidencing graduation from theological seminary.
• A résumé of achievements, activities, and honors.
• A letter from the applicant's current employer.

• At least one reference letter from professional colleague not related to the
applicant, regarding the character and personality of applicant.

(C) And will be selected according to the following factors:

• Activities. Applicants will be judged on commitment to ministry, leadership
qualities, academic performance, interpersonal skills, communication skills, and
involvement in serving others.

• Character. The application, resumé of activities, and reference letters will be
evaluated to ascertain the good character of the applicants.

Your program will be publicized on your website. In addition, it will also be advertised at
your events and to various churches in an effort to provide notice of the scholarship to
those in need.

You represent that you intend to provide grants directed to the recipients’ school or loan
holder. However, should you provide funds to an individual, each grant recipient will be
required to submit information to the Foundation, at the end of each year in which the
grant recipient has received a grant. For students, they must provide a report consisting
of a copy of the grant recipient's academic transcript verified by the applicable school,
college or university and a statement that the scholarship grant funds have not been
diverted for a purpose that is inconsistent with the purposes of the scholarship grant or
the Foundation’s charitable or educational purposes. For those that have graduated, they
must provide a report consisting of a copy of the grant recipient’s current outstanding
loan amount verified by the loan holder and a statement that the grant funds have not
been diverted for a purpose that is inconsistent with the purposes of the grant or the
Foundation’s charitable or educational purposes. In addition, each grant recipient must,
upon request, account to the Foundation for the grant recipient’s use of any grant funds
provided directly in cash.

Letter 4792 (10-2012)
Catalog Number 58263T

You represent that if you receive information which indicates that all or part of the
scholarship grant funds are not being used for the purposes of the grant, including by
reason of the recipient having left the applicable college or university, the Foundation will
initiate an investigation. While conducting the investigation, the Foundation will withhold
further grant funds to the extent possible, until it has been determined that no part of the
grant has been used for improper purposes. If the Foundation determines that any part of
the grant has been used for improper purposes, the Foundation will take all reasonable
and appropriate steps to recover diverted grant funds or to insure the restoration of
diverted funds and the dedication of other scholarship grant funds held by the recipient to
the purposes being financed by the grant. These steps will include legal action unless
such action would in all probability not result in the satisfaction of execution on a
judgment.

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 foundation awards the grant 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 the provisions of 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).

Other conditions that apply to this determination
• 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 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:

Letter 4792 (10-2012)
Catalog Number 58263T

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.

We've sent a copy of this letter to your representative as indicated in your power of
attorney.
Please keep a copy of this letter in your records.

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

Sincerely,

Director, Exempt Organizations

Letter 4792 (10-2012)
Catalog Number 58263T