Difference between revisions of "How to obtain tax-exempt status"

From NGO Handbook
(Educational Organizations)
(Educational Organizations)
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The IRS defines educational as the instruction of individuals to improve and/or develop their capabilities or “the instruction of the public on subjects useful to individuals and beneficial to the community.”<ref>Internal Revenue Service, Tax-Exempt Status for Your Organization, at 22.</ref> An NGO’s educational method determines whether an NGO qualifies as educational.<ref>Ibid.</ref> The IRS looks at four factors:<ref>Ibid.</ref>  
 
The IRS defines educational as the instruction of individuals to improve and/or develop their capabilities or “the instruction of the public on subjects useful to individuals and beneficial to the community.”<ref>Internal Revenue Service, Tax-Exempt Status for Your Organization, at 22.</ref> An NGO’s educational method determines whether an NGO qualifies as educational.<ref>Ibid.</ref> The IRS looks at four factors:<ref>Ibid.</ref>  
# if viewpoints unsupported by facts are a significant part of communications;
+
# If viewpoints unsupported by facts are a significant part of communications.
# if distorted facts are used to support the NGO’s viewpoint;
+
# If distorted facts are used to support the NGO’s viewpoint.
# if the NGO uses “inflammatory and disparaging terms” and makes conclusions based on emotions; and
+
# If the NGO uses “inflammatory and disparaging terms” and makes conclusions based on emotions.
# if viewpoints are “not aimed at developing an understanding on the part of the audience.”   
+
# If viewpoints are “not aimed at developing an understanding on the part of the audience.”   
  
 
'''Required Additional Documents and Information'''
 
'''Required Additional Documents and Information'''

Revision as of 09:04, 11 August 2008

This article is intended to provide a general description of the process for obtaining 501(c)(3) status under the U.S. Internal Revenue Code and is not intended to substitute for the advice of private counsel on specific issues related to the IRC or the 501(c)(3) application process. Original draft by Bobby C. Neal.

In the United States, a non-governmental organization (NGO) is generally subject to federal, state, and local taxes unless and until the organization qualifies for tax-exempt status. This article focuses on the process for obtaining a federal income tax exemption for NGOs.[1] NGOs that meet the criteria set forth in 26 U.S.C. § 501 of the Internal Revenue Code (section 501) are eligible for a federal tax exemption.[2] The benefits to obtaining tax exempt recognition by the Internal Revenue Service (IRS) include: income tax exemption, eligibility to receive tax-deductible contributions, possible exemption from certain employment taxes, and reduced postal rates. Section 501 describes the organizations that are eligible for tax-exempt status. The most significant category of tax-exempt organizations is section 501(c)(3).


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