Determining exactly what type of non-profit structure your entity has, and which exempt organizations may apply, is a critical first question for your organization. The mission, vision, and values are the beating heart of your nonprofit’s activities. Still, fiscal responsibilities play a pivotal role in the survival and success of your organization. In this fourth and final part of our series, we aim to shed light on the intricate world of nonprofit structures and the various IRS designations that apply to nonprofits.

When people hear “nonprofit,” they often equate this to mean “tax-free” or “tax-exempt.” While at a surface level there is some truth to this characterization, the reality is more nuanced. Understanding which IRS designation aligns with your organization’s purpose and what that means regarding tax treatment, donations, and permitted activities are crucial.

Diving into IRS Nonprofit Designations

The Internal Revenue Service (IRS) recognizes several types of tax-exempt organizations. Let’s delve into the most common designations:

Charitable Organizations: 501(c)(3)

• Purpose: These are perhaps the most common nonprofits, encompassing entities that operate for religious, charitable, educational, literary, or scientific purposes.
• Donations: Contributions to 501(c)(3) organizations are usually tax-deductible for the donor.
• Restrictions: These entities are restricted from engaging in political campaigning.

Social Welfare Organizations: 501(c)(4)

• Purpose: These groups work primarily to benefit the community at large, encompassing entities like civic leagues or social welfare organizations.
• Donations: Contributions are typically not tax-deductible.
• Advocacy: While they can engage in lobbying and advocacy for legislative changes, their primary focus should remain on social welfare, and you should refrain from direct active campaign involvement.

Business Leagues, Trade Associations, and Chambers of Commerce: 501(c)(6)

• Purpose: These organizations aim to promote common business interests. Think chambers of commerce, real estate boards, and industry trade associations.
• Donations: Contributions to 501(c)(6) organizations are not tax-deductible as charitable donations; some dues and related expenses may be deductible as a business expense for the association member.
• Activities: They can engage in unlimited lobbying and advocacy so long as it relates to the organization’s purpose.

Key Distinctions:

• Permissible Activities: While a 501(c)(3) has drastic limitations on lobbying and political activities, a 501(c)(4) or 501(c)(6) has more flexibility.
• Donation Deductibility: Donations to a 501(c)(3) are typically tax-deductible, while those to a 501(c)(4) or 501(c)(6) usually are not.

Similarities Across Designations:

• Annual Reporting: Most tax-exempt organizations must file an annual informational return (Form 990 or its variants).
• No Inurement of Benefits: Regardless of the specific designation, net earnings of the non-profit are not allowed to ’inure to the benefit of individuals such as officers, directors, or key control group personnel, regardless of the type of entity.

Achieving and Maintaining IRS Approval

Understanding the IRS designation suitable for your organization is just the first step. Achieving and maintaining this status requires diligence:

• Initial Application Process: Typically, organizations must file Form 1023 (or its shorter variant, Form 1023-EZ) to obtain 501(c)(3) status. The form requires comprehensive information about the organization’s structure, governance, financial data, and operational plans. The 501(c)(4) and 501(c)(6) involve a similar process.
• Periodic Reporting and Compliance: Once the tax-exempt status is granted, organizations need to ensure ongoing compliance. This involves filing the appropriate version of Form 990 annually and adhering to any changes in regulations.
• Managing Changes: If an organization significantly alters its operations or structure, it might need to inform the IRS to ensure its tax-exempt status remains valid.

Right from the start, you need to determine the right structure and exemption for your organization. This is a key step to ensure your financial health, credibility, and ability to focus on their mission.

If you have questions about nonprofit issues, please feel free to reach out Timothy Hughes at Bean, Kinney & Korman, P.C. at (703) 526-5582, thughes@beankinney.com. Our firm practices in Virginia, Maryland, and the District of Columbia in addition to various other jurisdictions.

This article is for informational purposes only and does not contain or convey legal advice. Consult a lawyer. Any views or opinions expressed herein are those of the authors and are not necessarily the views of any client.