| 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. |