Frequently Asked Questions
Who is eligible for the Tax-Exempt Status for Charitable Organizations?
Must be organized and operated exclusively for exempt purposes, ensure no net earnings inure to private individuals, and refrain from political campaign intervention.
How does the Tax-Exempt Status for Charitable Organizations work?
Exempts corporations, funds, or foundations from federal income tax if they are organized and operated exclusively for religious, charitable, scientific, or educational purposes.
What law authorizes the Tax-Exempt Status for Charitable Organizations?
The Tax-Exempt Status for Charitable Organizations is authorized under IRC §501 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §501
Source: Internal Revenue Code, Title 26, United States Code
§ 501. Exemption from tax on corporations, certain trusts, etc.(a) Exemption from taxationAn organization described in subsection (c) or (d) or section 401(a) shall be exempt from taxation under this subtitle unless such exemption is denied under section 502 or 503.
(b) Tax on unrelated business income and certain other activitiesAn organization exempt from taxation under subsection (a) shall be subject to tax to the extent provided in parts II, III, and VI of this subchapter, but (notwithstanding parts II, III, and VI of this subchapter) shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes.
(c) List of exempt organizationsThe following organizations are referred to in subsection (a):(1) Any corporation organized under Act of Congress which is an instrumentality of the United States but only if such corporation—(A) is exempt from Federal income taxes—(i) under such Act as amended and supplemented before July 18, 1984, or
(ii) under this title without regard to any provision of law which is not contained in this title and which is not contained in a revenue Act, or
(B) is described in subsection (l).
(2) Corporations organized for the exclusive purpose of holding title to property, collecting income therefrom, and turning over the entire amount thereof, less expenses, to an organization which itself is exempt under this section. Rules similar to the rules of subparagraph (G) of paragraph (25) shall apply for purposes of this paragraph.
(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.
(4)(A) Civic leagues or organizations not organized for profit but operated exclusively for the promotion of social welfare, or local associations of employees, the membership of which is limited to the employees of a designated person or persons in a particular municipality, and the net earnings of which are devoted exclusively to charitable, educational, or recreational purposes.
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