Exemption Requirements

To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual.  In addition, it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

Organizations described in section 501(c)(3) are commonly referred to as charitable organizations.  Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in accordance with Code section 170.

The exempt purposes set forth in section 501(c)(3) are charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, and the preventing cruelty to children or animals.  The term charitable is used in its generally accepted legal sense and includes relief of the poor, the distressed, or the underprivileged; advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments, or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency.

To be organized exclusively for a charitable purpose, the organization must be a corporation, community chest, fund, or foundation.  A charitable trust is a fund or foundation and will qualify.  However, an individual will not qualify.  The organizing documents must limit the organization's purposes to exempt purposes set forth in section 501(c)(3) and must not expressly empower it to engage, other than as an insubstantial part of its activities, in activities that are not in furtherance of one or more of those purposes.  This requirement may be met if the purposes stated in the organizing documents are limited in some way by reference to section 501(c)(3).  In addition, an organization's assets must be permanently dedicated to an exempt purpose.  This means that if an organization dissolves, its assets must be distributed for an exempt purpose, to the federal government, or to a state or local government for a public purpose.  To establish that an organization's assets will be permanently dedicated to an exempt purpose, its organizing documents should contain a provision insuring their distribution for an exempt purpose in the event of dissolution.  Although reliance may be placed upon state law to establish permanent dedication of assets for exempt purposes, an organization's application can be processed by the IRS more rapidly if its organizing documents include a provision insuring permanent dedication of assets for exempt purposes.  For examples of provisions that meet these requirements, see Publication 557, Tax-Exempt Status for Your Organization.

An organization will be regarded as operated exclusively for one or more exempt purposes only if it engages primarily in activities that accomplish exempt purposes specified in section 501(c)(3).  An organization will not be so regarded if more than an insubstantial part of its activities does not further an exempt purpose.  For more information concerning types of charitable organizations and their activities, see Publication 557.

The organization must not be organized or operated for the benefit of private interests, such as the creator or the creator's family, shareholders of the organization, other designated individuals, or persons controlled directly or indirectly by such private interests.  No part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual.  A private shareholder or individual is a person having a personal and private interest in the activities of the organization.  If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.

Section 501(c)(3) organizations are restricted in how much political and legislative (lobbying) activities they may conduct.  For a detailed discussion, see Political and Lobbying Activities.  For more information about lobbying activities by charities, see the article Lobbying Issues; for more information about political activities of charities, see the FY-2002 CPE topic Election Year Issues.

• Ask other ministers in your community for their recommendations.
• If possible, use a CPA who specializes in tax law and who is familiar with the rules that apply to ministers. A CPA that has completed a rigorous educational program and is subject to strict ethical requirements.
• Ask local tax professionals if they work with ministers and, if so, with how many.
• Ask local tax professionals a few questions to test their familiarity with ministers' tax issues. For example, ask whether ministers are employees or self-employed for Social Security purposes. Anyone familiar with ministers' taxes will know that ministers always are self-employed for Social Security purposes with respect to their ministerial duties. Or, ask a tax professional if a minister's church salary is subject to income tax withholding. The correct answer is no, and anyone familiar with ministers' taxes should be able to correctly answer this question.