A Guide to Tax-Exempt Organizations
An interactive summary of advanced topics for U.S. Section 501(c)(3) organizations.
Qualification Requirements
To qualify for tax-exempt status under Section 501(c)(3), an organization must satisfy several core requirements. This section breaks down each requirement, explaining the fundamental criteria set by the IRS. Interact with each card to learn more about the specifics.
Organizational Structure
🏢A Section 501(c)(3) organization must be organized as a corporation (including an LLC), an unincorporated association, or a trust. Individuals, sole proprietorships, and partnerships do not qualify. An unincorporated association involves two or more people joined by mutual consent for a common lawful purpose.
Exempt Purpose
🎯The organization must be organized and operated exclusively for one or more exempt purposes:
- Charitable, Religious, Scientific, Educational
- Testing for public safety
- Literary
- Fostering national or international amateur sports competition
- Prevention of cruelty to children or animals
No Private Benefit
🔒It must not be organized or operated for the benefit of private interests. No part of the organization's net earnings may inure to the benefit of any person having a personal and private interest in its activities, such as its creator, their family, or shareholders.
Activity Restrictions
⚖️Political Campaigns:
Organizations are absolutely prohibited from directly or indirectly participating in any political campaign for or against a candidate for public office. Non-partisan voter education is permitted.
Lobbying:
Attempting to influence legislation (lobbying) cannot be a substantial part of the organization's activities.
Maintaining Your Exempt Status
Gaining 501(c)(3) status is just the beginning. Organizations must continuously adhere to specific rules to maintain it. This section highlights common activities that can jeopardize an organization's tax-exempt status. Understanding these risks is crucial for long-term compliance and success.
Non-Exempt Activities
Engaging in activities unrelated to the stated exempt purpose can risk status, unless those activities are an insubstantial part of total operations.
Primary Business Purpose
Operating for the primary purpose of conducting an unrelated trade or business can lead to loss of status.
Private Benefit
If the organization's activities or earnings benefit private individuals or interests, its exempt status is at risk.
Political Campaigns
Participating in political campaigns for or against candidates for elective public office is strictly prohibited.
Substantial Lobbying
Engaging in substantial lobbying activities to influence legislation can result in disqualification.
Failure to File
Failing to meet annual filing requirements, such as filing the Form 990 return, can lead to automatic revocation of exempt status.
Understanding Unrelated Business Income (UBI)
Even a tax-exempt organization can be liable for income tax. This occurs when it generates income from a business enterprise that is not substantially related to its exempt purpose. This section provides an interactive guide to what constitutes UBI and, just as importantly, what is excluded from it.
Is the Income Taxable as UBI?
A Trade or Business?
The activity is conducted for the production of income.
Regularly Carried On?
The activity shows frequency and continuity.
Not Substantially Related?
The activity doesn't contribute importantly to the exempt purpose.
If the answer to all three of these questions is yes, the income is generally considered UBI and is taxable.
Exempt vs. Potentially Taxable Income
This conceptual chart illustrates how most income should align with exempt purposes, while a small portion might be unrelated business income (UBI).