Private Foundations vs. Donor-Advised Funds: Choosing the Right Vehicle for Your Legacy

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Ken Hargreaves, CFP®, AIF®, AWMA®, CRPC®

The Walton Family Foundation, started by Walmart’s founders in 1987, is governed by a board and supported by professional staff. What makes it particularly interesting is that it’s still led by family members – generations of Waltons meeting regularly to decide where those charitable dollars go, carrying forward Sam Walton’s vision decades after his death. 

Compare that to the Zuckerberg approach. Mark and Priscilla have donated eye-popping amounts of Facebook shares to their donor-advised fund managed by the Silicon Valley Community Foundation. No board meetings with relatives, no family bylaws to navigate; just generous (and strategic) giving through a professional intermediary.

These two approaches seem similar, but they’re vastly different in terms of how one wants to fund their legacy, the amount of control they want to maintain over their donations, and what exactly happens to the donations once they’re in the system. Ultimately, both can help you make a real impact while managing taxes smartly, but they’re built for entirely different situations.

Let’s walk through when each one makes sense so you can choose what fits your family’s vision and circumstances, keeping in mind that these are advanced strategies and, as always, you should consult a CPA, an estate and tax attorney, and your financial advisor before taking action or implementing any strategy below.

When a Private Foundation Makes Sense

If you value complete control over how charitable funds are invested and distributed, a foundation provides that autonomy. The donor (and appointed board, often family members) has final say on investments and grants, without needing outside approval. This control also enables philanthropic flexibility: a private foundation can support recipients beyond traditional public charities. 

For example, foundations (following IRS rules) may grant to individuals for hardship or scholarship programs, or to international or for-profit entities for charitable purposes – options generally not available through DAFs4. Foundations also allow you to fund unique initiatives or even operate your own charitable programs directly.

Private Foundation: Tax Perks at a Glance

What you can deduct
Perk What you get Key limits
Income tax deduction
Cash gifts to your foundation
Deduct cash contributions you make to your private foundation. [1]
Public charities and DAF sponsors allow a higher cash limit. This is the trade‑off for control.
Up to 30% of AGI for most private non‑operating foundations. [1]
Appreciated assets
Stock, crypto, real estate, etc.
Donate long‑term capital‑gain property and avoid recognizing personal capital gains. Your foundation can sell without capital gains tax (it pays the investment‑income excise instead). [2][3]
Deduction amount is usually your basis for non‑publicly‑traded property. Exception: qualified appreciated stock (publicly traded) may be deducted at FMV. [1]
Deduction limited to 20% of AGI for capital‑gain property to a private foundation. [1]
Estate & gift
Remove assets from the taxable estate
Transfers to your private foundation may qualify for the estate or gift tax charitable deductions, reducing transfer taxes while keeping family control of grantmaking. [4][5] Subject to §§ 2055 (estate) and 2522 (gift) rules and formats. [4][5]
Tax‑advantaged growth
Inside the foundation
Earnings inside the foundation are generally exempt from income tax. The foundation pays a flat 1.39% excise on net investment income, which includes net capital gains. [2][3] Report and pay via Form 990‑PF each year. [2]
Ongoing obligations, not perks: Private foundations must generally distribute about 5% of assets annually and file Form 990‑PF, which is publicly disclosable. See sources [6] and [7].

Sources:
  1. [1] IRS Publication 526 (2024/2025): AGI limits; 30% for cash to private non‑operating foundations; 20% limit for capital‑gain property; qualified appreciated stock exception. irs.gov/pub/irs-pdf/p526.pdf
  2. [2] IRS: Tax on net investment income (§4940), 1.39% excise for tax years beginning after Dec 20, 2019. irs.gov/.../tax-on-net-investment-income
  3. [3] IRS: Net investment income includes capital‑gain net income. irs.gov/.../net-investment-income
  4. [4] IRS: Instructions for Form 706, estate tax charitable deduction under §2055. irs.gov/instructions/i706
  5. [5] IRS: Exempt Organizations Technical Guide (TG‑70) noting §2522 gift tax charitable deduction. irs.gov/pub/irs-access/p6109_accessible.pdf
  6. [6] IRS: Minimum investment return page, 5% calculation for payout base. irs.gov/.../minimum-investment-return
  7. [7] IRS: Instructions for Form 990‑PF and regs under §6104 on public disclosure. irs.gov/instructions/i990pf

A foundation can carry the family name and serve as a unifying project for multiple generations. It offers an opportunity to involve children or heirs in philanthropy by having them serve on the board or staff. Family members can be actively engaged in directing grants, and the foundation can even pay reasonable salaries for family or staff who manage its operations (for bona fide services like administration or investment management)5. This vehicle effectively institutionalizes your charitable mission, creating a lasting legacy of giving tied to your family or corporate name.

However, due to the higher costs and complexity, a private foundation usually only makes financial sense if you plan to fund it with a substantial amount of assets (often $1–$2 million or more to start)3. With a multi-million dollar endowment, the fixed legal and administrative costs become more justifiable. 

When a Donor-Advised Fund Makes Sense

For many donors, the appeal of a DAF is its simplicity and low cost. DAF accounts can typically be opened with a much smaller initial contribution (minimums often range from ~$5,000 to $25,000 at many sponsors)1. This makes DAFs ideal if you want to start giving with a smaller amount or gradually fund a charitable vehicle over time. There is no need to set up a new organization or pay legal fees – you can contribute assets and start recommending grants almost immediately, even on short notice, for a year-end tax deduction.

Donor-advised funds also offer higher annual tax deduction limits (as noted, 60% vs 30% of AGI for cash gifts)2, allowing charitably inclined investors to potentially reduce taxable income more in high-income years. If you experience a liquidity event or windfall (such as selling a business or exercising stock options), a DAF lets you take the full eligible deduction in that year while giving you time to thoughtfully grant the money out in future years. 

Importantly, the contributed funds can be invested and grow tax-free inside the DAF in the interim. This makes DAFs a great choice for those who want to time their tax deductions and charitable distributions separately.

If you prefer to focus on charitable impact rather than paperwork, a DAF is extremely convenient. The sponsoring charity handles all administrative tasks, such as processing contributions, keeping records, vetting charities, sending grant checks, and even filing IRS reports. For donors with demanding careers or who simply don’t want the hassle of running a foundation board, the DAF’s outsourced administration is a major advantage. 

DAFs also come along with plenty of privacy. If you don’t want your name publicly associated with donations, you can opt to make DAF grants anonymously or in the name of your fund. Unlike a foundation’s public filings, DAF grants are made under the umbrella of the sponsor charity, so your personal details can remain confidential1.

Donor-Advised Fund: Tax Perks at a Glance

Higher AGI deduction Low minimums Fast setup Admin handled Privacy options
Perk What you get Key limits
Income tax deduction
Cash gifts
Deduct cash contributions to a DAF sponsor, which is a public charity. [1][2]
This generally allows a larger deduction in high-income years compared to a private foundation.
Up to 60% of AGI for cash to public charities, including DAF sponsors. [1]
Appreciated assets
Stock and other long-term assets
Contribute long-term capital-gain property to the DAF and avoid recognizing personal capital gains. Public charities can generally accept at FMV subject to limits. [1][2] Deduction typically up to 30% of AGI for capital-gain property to public charities at FMV. [1]
Timing flexibility
Deduct now, grant later
Make an irrevocable gift in a peak-income year, then recommend grants over time. The sponsor charity holds legal control, you retain advisory privileges. [2] Advisory privileges only, the sponsor has final say per IRS rules. [2]
Investment growth
Inside the DAF
Contributions are invested within the sponsoring charity, growth is not taxable to you, and can increase future grant capacity. [2] Subject to the sponsor’s investment menu and policies.
Simplicity
Low friction administration
The sponsor charity handles receipts, charity due diligence, and required filings. Grants can be made without public attribution when permitted by the sponsor. [2][3] Minimums and fees vary by sponsor, typical minimums: $5,000–$25,000 to open. [3]
Sources:
  1. [1] IRS Publication 526 (2025): AGI limits, including 60% for cash to public charities and 30% for capital-gain property. irs.gov/pub/irs-pdf/p526.pdf
  2. [2] IRS: Donor-advised funds definition and sponsor control with donor advisory privileges. irs.gov/.../donor-advised-funds
  3. [3] National Philanthropic Trust: typical DAF minimums and ease of setup. nptrust.org/.../daf-vs-foundation/

On top of all of that, setting up a DAF is fast and straightforward, often only taking a matter of days. This could come in handy if you have a year-end tax deadline or a desire to respond quickly to a disaster or urgent charitable need. In contrast, establishing a private foundation can take months. Additionally, if your charitable interests change over time, it’s easier to adapt with a DAF (no need to amend bylaws or manage a new mission – you simply redirect your grant recommendations).

In short, a DAF is usually the go-to solution for donors seeking a cost-effective, flexible, and low-maintenance giving vehicle. It works especially well if your charitable contributions are below the threshold where a foundation’s overhead would be justified, or if you value the convenience of having an expert partner (the sponsor) handle the details. Many wealthy individuals use DAFs as an entry point to philanthropy or alongside a private foundation for specific purposes (for example, using a DAF for anonymous grants or international giving through sponsor intermediaries).

Legacy, Compliance, and Investment Considerations

A private foundation is built for continuity: you can place heirs on the board, pass along your family’s values, and keep the mission active across generations. A donor-advised fund lives inside a sponsoring charity, yet you can usually name successor advisors, so children or other designees continue recommending grants when you are no longer doing so.

With a DAF, the sponsor handles gatekeeping: grants go only to IRS-qualified public charities, no grants to individuals or non-charities, no fulfilling personal pledges or purchasing gala tickets, and donors receive no more than incidental benefits. The sponsor’s oversight reduces your administrative burden while keeping activity within the rules.

A private foundation controls its own investment policy, but must avoid jeopardizing investments that threaten its charitable capacity and should diversify when exposures are too concentrated. DAF assets are invested by the sponsor using a defined menu, sometimes an outside advisor is permitted at higher balances, but the sponsor has final authority. The trade-off is straightforward: more discretion and responsibility with a foundation, more convenience and standardization with a DAF.

In Conclusion

Do you want the Walton model, i.e., complete control through your own private foundation where you retain decision-making authority but also handle all the responsibilities? Or do you prefer the Zuckerberg route, i.e., a donor-advised fund that’s like having a charitable investment account where someone else handles the paperwork while you focus on the giving?

Both private foundations and donor-advised funds can be powerful tools, but they align with different donor needs. A private foundation offers unrivaled control, a personalized legacy vehicle, and the ability to support a broad array of charitable activities at the cost of higher expenses, complexity, and regulatory obligations. A donor-advised fund provides ease, excellent tax efficiency, and low costs, making it an attractive “set-and-forget” option for many donors, albeit with trade-offs in control and public visibility.

At WealthGen Advisors, we specialize in guiding business owners and high-net-worth families through these decisions. Reach out to our team to discuss your options and craft a coordinated plan that helps preserve wealth, optimize taxes, and achieve the impact you envision for generations to come.

Appendix – References (Full URLs)

  1. National Philanthropic Trust – Comparison of Donor-Advised Funds to Private Foundations. https://www.nptrust.org/donor-advised-funds/daf-vs-foundation/

     

  2. Investopedia – Private Foundation Definition & Differences from Public Charities. https://www.investopedia.com/terms/p/privatefoundation.asp

     

  3. Investopedia – How to Start a Private Foundation (Funding Thresholds). https://www.investopedia.com/terms/p/privatefoundation.asp (see “What Is the Minimum Size of a Private Foundation?”)

     

  4. Fidelity Charitable – What is a Private Foundation? (Benefits and flexibility). https://www.fidelitycharitable.org/guidance/philanthropy/private-foundations.html

     

  5. Investopedia – Private Foundation Advantages and Disadvantages (salary and control). https://www.investopedia.com/terms/p/privatefoundation.asp (see “Can Private Foundations Pay Salaries?”)
Disclosures

Different types of investments involve varying degrees of risk, and there can be no assurance that any specific investment or strategy will be suitable or profitable for a client’s portfolio. All investment strategies have the potential for profit or loss. Information presented is believed to be factual and up-to-date, but we do not guarantee its accuracy and it should not be regarded as a complete analysis of the subjects discussed. All expressions of opinion reflect the judgment of the author/presenter as of the date of publication and are subject to change and do not constitute personalized investment advice.

A professional advisor should be consulted before implementing any investment strategy. WealthGen Advisors does not represent, warranty, or imply that the services or methods of analysis employed by the Firm can or will predict future results, successfully identify market tops or bottoms, or insulate clients from losses due to market corrections or declines. Investments are subject to market risks and potential loss of principal invested, and all investment strategies likewise have the potential for profit or loss. Past performance is no guarantee of future results.

Please note: While we strive to provide accurate and helpful information, we are not Certified Public Accountants (CPAs). The information in this article is intended for informational and educational purposes only and should not be interpreted as tax advice. It is crucial to consult with a CPA, tax professional or estate attorney to discuss your personal situation.

Author

  • A Florida native, and full-time Sarasota resident, Ken founded WealthGen Advisors, LLC after spending more than fourteen years in the financial advisory industry. Ken holds multiple industry designations, as well as a master's degree in Financial Planning. Prior to founding WealthGen Advisors, Ken spent almost a decade in New York and then Texas as Vice President at The Capital Group, a $2T global investment manager serving institutional clients and pension funds.

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