Mark Zuckerberg and his wife Priscilla Chan recently announced they will donate 99% of their wealth (currently valued at about $45 billion) to charity.

Who will benefit from the largesse? Why the Chan Zuckerberg Initiative of course! There’s nothing “wrong” with this per se. Many charitable foundations exist as vehicles for funneling a proverbial pot of gold to multiple recipients.

The interesting twist is the organization of the Initiative. Had it been structured as a 501(c)(3) it would have been the recipient of some nifty tax breaks. Instead it was established as a Limited Liability Company (“LLC”).

Going the LLC route provides some operational flexibility beyond the 501(c)(3). For example the Initiative will be able to lobby for legislation and engage in public policy debate. The big difference is it will be able to partake in for-profit activities.

For-profit activities? What has that to do with charitable giving?

To be fair there is nothing stopping the Initiative from making charitable donations. It’s simply a curious tradeoff between the going the 501(c)(3) route (better tax structure but less operating flexibility) and the LLC route (less attractive tax structure but more operating flexibility).

So what are the true motivations for setting up the Initiative? Is it truly about maximizing charitable giving? Stay tuned…