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Tax Amendments

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Tax Amendments

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Plug-In Electric Drive Vehicle Credit (IRC 30D)

Internal Revenue Code Section 30D provides a credit for Qualified Plug-in Electric Drive Motor Vehicles including passenger vehicles and light trucks.  

For vehicles acquired after December 31, 2009, the credit is equal to $2,500 plus, for a vehicle which draws propulsion energy from a battery with at least 5 kilowatt hours of capacity, $417, plus an additional $417 for each kilowatt hour of battery capacity in excess of 5 kilowatt hours. The total amount of the credit allowed for a vehicle is limited to $7,500.

The credit begins to phase out for a manufacturer’s vehicles when at least 200,000 qualifying vehicles have been sold for use in the United States (determined on a cumulative basis for sales after December 31, 2009). For additional information see Notice 2009-89.

Section 30D originally was enacted in the Energy Improvement and Extension Act of 2008. The American Recovery and Reinvestment Act of 2009 amended section 30D effective for vehicles acquired after December 31, 2009.  Section 30D was also modified by the American Taxpayer Relief Act (ATRA) 2013 for certain 2 or 3 wheeled vehicles acquired after December 31, 2011 and before January 1, 2014.

The vehicles must be acquired for use or lease and not for resale. Additionally, the original use of the vehicle must commence with the taxpayer and the vehicle must be used predominantly in the United States. For purposes of the 30D credit, a vehicle is not considered acquired prior to the time when title to the vehicle passes to the taxpayer under state law.

Notice 2009-89 applies to vehicles acquired subsequent to December 31, 2009 and provides procedures that a vehicle manufacturer may use if it chooses to certify that a vehicle meets certain requirements that must be satisfied to claim the Qualified Plug-in Electric Drive Motor Vehicle Credit and the amount of the credit allowable with respect to that vehicle

Credit Amounts for Qualified Vehicles Acquired After December 31, 2009

Qualified Plug-In Electric Drive Motor Vehicle Credit (IRC 30D) Phase Out
The qualified plug-in electric drive motor vehicle credit phases out for a manufacturer’s vehicles over the one-year period beginning with the second calendar quarter after the calendar quarter in which at least 200,000 qualifying vehicles manufactured by that manufacturer have been sold for use in the United States (determined on a cumulative basis for sales after December 31, 2009) (“phase-out period”). Qualifying vehicles manufactured by that manufacturer are eligible for 50 percent of the credit if acquired in the first two quarters of the phase-out period and 25 percent of the credit if acquired in the third or fourth quarter of the phase-out period.  Vehicles manufactured by that manufacturer are not eligible for a credit if acquired after the phase-out period.

Quarterly Sales by Manufacturer

Page Last Reviewed or Updated: 13-Feb-2014

The Tax Amendments

Tax amendments 3. Tax amendments   Section 501(c)(3) Organizations Table of Contents IntroductionChild care organizations. Tax amendments Topics - This chapter discusses: Useful Items - You may want to see: Contributions to 501(c)(3) OrganizationsCertain annuity contracts. Tax amendments Certain contracts held by a charitable remainder trust. Tax amendments Excise Taxes. Tax amendments Indoor tanning services. Tax amendments Application for Recognition of ExemptionPolitical activity. Tax amendments Private delivery service. Tax amendments Amendments to organizing documents required. Tax amendments How to show reasonable action and good faith. Tax amendments Not acting reasonably and in good faith. Tax amendments Prejudicing the interest of the Government. Tax amendments Procedure for requesting extension. Tax amendments More information. Tax amendments Organizations Not Required To File Form 1023 Articles of OrganizationOrganizational Test Dedication and Distribution of Assets Educational Organizations and Private SchoolsEducational Organizations Private Schools Organizations Providing InsuranceCharitable Risk Pools Other Section 501(c)(3) OrganizationsCharitable Organizations Religious Organizations Scientific Organizations Literary Organizations Amateur Athletic Organizations Prevention of Cruelty to Children or Animals Private Foundations and Public CharitiesPrivate Foundations Public Charities Private Operating Foundations Lobbying ExpendituresLobbying expenditures. Tax amendments Grass roots expenditures. Tax amendments Lobbying nontaxable amount. Tax amendments Grass roots nontaxable amount. Tax amendments Organization that no longer qualifies. Tax amendments Tax on organization. Tax amendments Tax on managers. Tax amendments Taxes on organizations. Tax amendments Taxes on managers. Tax amendments Political expenditures. Tax amendments Correction of expenditure. Tax amendments Introduction An organization may qualify for exemption from federal income tax if it is organized and operated exclusively for one or more of the following purposes. Tax amendments Religious. Tax amendments Charitable. Tax amendments Scientific. Tax amendments Testing for public safety. Tax amendments Literary. Tax amendments Educational. Tax amendments Fostering national or international amateur sports competition (but only if none of its activities involve providing athletic facilities or equipment; however, see Amateur Athletic Organizations , later in this chapter). Tax amendments The prevention of cruelty to children or animals. Tax amendments To qualify, the organization must be a corporation, community chest, fund, articles of association, or foundation. Tax amendments A trust is a fund or foundation and will qualify. Tax amendments However, an individual or a partnership will not qualify. Tax amendments Examples. Tax amendments   Qualifying organizations include: Nonprofit old-age homes, Parent-teacher associations, Charitable hospitals or other charitable organizations, Alumni associations, Schools, Chapters of the Red Cross, Boys' or Girls' Clubs, and Churches. Tax amendments Child care organizations. Tax amendments   The term educational purposes includes providing for care of children away from their homes if substantially all the care provided is to enable individuals (the parents) to be gainfully employed and the services are available to the general public. Tax amendments Instrumentalities. Tax amendments   A state or municipal instrumentality may qualify under section 501(c)(3) if it is organized as a separate entity from the governmental unit that created it and if it otherwise meets the organizational and operational tests of section 501(c)(3). Tax amendments Examples of a qualifying instrumentality might include state schools, universities, or hospitals. Tax amendments However, if an organization is an integral part of the local government or possesses governmental powers, it does not qualify for exemption. Tax amendments A state or municipality itself does not qualify for exemption. Tax amendments Topics - This chapter discusses: Contributions to 501(c)(3) organizations, Applications for recognition of exemption, Articles of Organization, Educational organizations and private schools, Organizations providing insurance, Other section 501(c)(3) organizations, Private foundations and public charities, and Lobbying expenditures. Tax amendments Useful Items - You may want to see: Forms (and Instructions) 1023 Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code See chapter 6 for information about getting publications and forms. Tax amendments Contributions to 501(c)(3) Organizations Contributions to domestic organizations described in this chapter, except organizations testing for public safety, are deductible as charitable contributions on the donor's federal income tax return. Tax amendments Fundraising events. Tax amendments   If the donor receives something of value in return for the contribution, a common occurrence with fundraising efforts, part or all of the contribution may not be deductible. Tax amendments This may apply to fundraising activities such as charity balls, bazaars, banquets, auctions, concerts, athletic events, and solicitations for membership or contributions when merchandise or benefits are given in return for payment of a specified minimum contribution. Tax amendments   If the donor receives or expects to receive goods or services in return for a contribution to your organization, the donor cannot deduct any part of the contribution unless the donor intends to, and does, make a payment greater than the fair market value of the goods or services. Tax amendments If a deduction is allowed, the donor can deduct only the part of the contribution, if any, that is more than the fair market value of the goods or services received. Tax amendments You should determine in advance the fair market value of any goods or services to be given to contributors and tell them, when you publicize the fundraising event or solicit their contributions, how much is deductible and how much is for the goods or services. Tax amendments See Disclosure of Quid Pro Quo Contributions in chapter 2. Tax amendments Exemption application not filed. Tax amendments   Donors cannot deduct any charitable contribution to an organization that is required to apply for recognition of exemption but has not done so. Tax amendments Separate fund—contributions that are deductible. Tax amendments   An organization that is exempt from federal income tax other than as an organization described in section 501(c)(3) can, if it desires, establish a fund, separate and apart from its other funds, exclusively for religious, charitable, scientific, literary, or educational purposes, fostering national or international amateur sports competition, or for the prevention of cruelty to children or animals. Tax amendments   If the fund is organized and operated exclusively for these purposes, it may qualify for exemption as an organization described in section 501(c)(3), and contributions made to it will be deductible as provided by section 170. Tax amendments A fund with these characteristics must be organized in such a manner as to prohibit the use of its funds upon dissolution, or otherwise, for the general purposes of the organization creating it. Tax amendments Personal benefit contracts. Tax amendments   Generally, charitable deductions will not be allowed for a transfer to, or for the use of, a section 501(c)(3) or (c)(4) organization if in connection with the transfer: The organization directly or indirectly pays, or previously paid, a premium on a personal benefit contract for the transferor, or There is an understanding or expectation that anyone will directly or indirectly pay a premium on a personal benefit contract for the transferor. Tax amendments   A personal benefit contract with respect to the transferor is any life insurance, annuity, or endowment contract, if any direct or indirect beneficiary under the contract is the transferor, any member of the transferor's family, or any other person designated by the transferor. Tax amendments Certain annuity contracts. Tax amendments   If an organization incurs an obligation to pay a charitable gift annuity, and the organization purchases an annuity contract to fund the obligation, individuals receiving payments under the charitable gift annuity will not be treated as indirect beneficiaries if the organization owns all of the incidents of ownership under the contract, is entitled to all payments under the contract, and the timing and amount of the payments are substantially the same as the timing and amount of payments to each person under the obligation (as such obligation is in effect at the time of the transfer). Tax amendments Certain contracts held by a charitable remainder trust. Tax amendments   An individual will not be considered an indirect beneficiary under a life insurance, annuity, or endowment contract held by a charitable remainder annuity trust or a charitable remainder unitrust solely by reason of being entitled to the payment if the trust owns all of the incidents of ownership under the contract, and the trust is entitled to all payments under the contract. Tax amendments Excise tax. Tax amendments   If the premiums are paid in connection with a transfer for which a deduction is not allowable under the deduction denial rule, without regard to when the transfer to the charitable organization was made, an excise tax will be applied that is equal to the amount of the premiums paid by the organization on any life insurance, annuity, or endowment contract. Tax amendments The excise tax does not apply if all of the direct and indirect beneficiaries under the contract are organizations. Tax amendments Excise Taxes. Tax amendments   A charitable organization liable for excise taxes must file Form 4720, Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code. Tax amendments Generally, the due date for filing Form 4720 occurs on the fifteenth day of the fifth month following the close of the organization's tax year. Tax amendments Indoor tanning services. Tax amendments   If your organization provides an indoor tanning bed service, the ACA imposed a 10% excise tax on services provided after June 30, 2010. Tax amendments For more information, go to IRS. Tax amendments gov and select Affordable Care Act Tax Provisions. Tax amendments Application for Recognition of Exemption This discussion describes certain information to be provided upon application for recognition of exemption by all organizations created for any of the purposes described earlier in this chapter. Tax amendments For example, the application must include a conformed copy of the organization's articles of incorporation, as discussed under Articles of Organization , later in this chapter. Tax amendments See the organization headings that follow for specific information your organization may need to provide. Tax amendments Form 1023. Tax amendments   Your organization must file its application for recognition of exemption on Form 1023. Tax amendments See chapter 1 and the instructions accompanying Form 1023 for the procedures to follow in applying. Tax amendments Some organizations are not required to file Form 1023. Tax amendments See Organizations Not Required To File Form 1023, later. Tax amendments    Additional information to help you complete your application can be found online. Tax amendments Go to Exemption Requirement – Section 501(c)(3) Organizations and select the link at the bottom of the Web page for step by step help with the application process. Tax amendments See Exemption Requirements - Section 501(c)(3) Organizations. Tax amendments   Form 1023 and accompanying statements must show that all of the following are true. Tax amendments The organization is organized exclusively for, and will be operated exclusively for, one or more of the purposes (religious, charitable, etc. Tax amendments ) specified in the introduction to this chapter. Tax amendments No part of the organization's net earnings will inure to the benefit of private shareholders or individuals. Tax amendments You must establish that your organization will 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. Tax amendments The organization will not, as a substantial part of its activities, attempt to influence legislation (unless it elects to come under the provisions allowing certain lobbying expenditures) or participate to any extent in a political campaign for or against any candidate for public office. Tax amendments See Political activity, next, and Lobbying Expenditures , near the end of this chapter. Tax amendments Political activity. Tax amendments   If any of the activities (whether or not substantial) of your organization consist of participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for public office, your organization will not qualify for tax-exempt status under section 501(c)(3). Tax amendments Such participation or intervention includes the publishing or distributing of statements. Tax amendments   Whether your organization is participating or intervening, directly or indirectly, in any political campaign on behalf of (or in opposition to) any candidate for public office depends upon all of the facts and circumstances of each case. Tax amendments Certain voter education activities or public forums conducted in a nonpartisan manner may not be prohibited political activity under section 501(c)(3), while other so-called voter education activities may be prohibited. Tax amendments Effective date of exemption. Tax amendments   Most organizations described in this chapter that were organized after October 9, 1969, will not be treated as tax exempt unless they apply for recognition of exemption by filing Form 1023. Tax amendments These organizations will not be treated as tax exempt for any period before they file Form 1023, unless they file the form within 27 months from the end of the month in which they were organized. Tax amendments If the organization files the application within this 27-month period, the organization's exemption will be recognized retroactively to the date it was organized. Tax amendments Otherwise, exemption will be recognized only from the date of receipt. Tax amendments The date of receipt is the date of the U. Tax amendments S. Tax amendments postmark on the cover in which an exemption application is mailed or, if no postmark appears on the cover, the date the application is stamped as received by the IRS. Tax amendments Private delivery service. Tax amendments   If a private delivery service designated by the IRS, rather than the U. Tax amendments S. Tax amendments Postal Service, is used to deliver the application, the date of receipt is the date recorded or marked by the private delivery service. Tax amendments The following private delivery services have been designated by the IRS. Tax amendments DHL Express (DHL): DHL “Same Day” Service. Tax amendments Federal Express (FedEx): FedEx Priority Overnight, FedEx Standard Overnight, FedEx 2Day, FedEx International Priority, and FedEx International First. Tax amendments United Parcel Service (UPS): UPS Next Day Air, UPS Next Day Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A. Tax amendments M. Tax amendments , UPS Worldwide Express Plus, and UPS Worldwide Express. Tax amendments Amendments to organizing documents required. Tax amendments   If an organization is required to alter its activities or to make substantive amendments to its organizing document, the ruling or determination letter recognizing its exempt status will be effective as of the date the changes are made. Tax amendments If only a nonsubstantive amendment is made, exempt status will be effective as of the date it was organized, if the application was filed within the 15-month period, or the date the application was filed. Tax amendments Extensions of time for filing. Tax amendments   There are two ways organizations seeking exemption can receive an extension of time for filing Form 1023. Tax amendments Automatic 12-month extension. Tax amendments Organizations will receive an automatic 12-month extension if they file an application for recognition of exemption with the IRS within 12 months of the original deadline. Tax amendments To get this extension, an organization must add the following statement at the top of its application: “Filed Pursuant to Section 301. Tax amendments 9100-2. Tax amendments ” Discretionary extensions. Tax amendments An organization that fails to file a Form 1023 within the extended 12-month period will be granted an extension to file if it submits evidence (including affidavits) to establish that: It acted reasonably and in good faith, and Granting a discretionary extension will not prejudice the interests of the government. Tax amendments How to show reasonable action and good faith. Tax amendments   An organization acted reasonably and showed good faith if at least one of the following is true. Tax amendments The organization requests relief before its failure to file is discovered by the IRS. Tax amendments The organization failed to file because of intervening events beyond its control. Tax amendments The organization exercised reasonable diligence (taking into account the complexity of the return or issue and the organization's experience in these matters) but was not aware of the filing requirement. Tax amendments The organization reasonably relied upon the written advice of the IRS. Tax amendments The organization reasonably relied upon the advice of a qualified tax professional who failed to file or advise the organization to file Form 1023. Tax amendments An organization cannot rely on the advice of a tax professional if it knows or should know that he or she is not competent to render advice on filing exemption applications or is not aware of all the relevant facts. Tax amendments Not acting reasonably and in good faith. Tax amendments   An organization has not acted reasonably and in good faith under the following circumstances. Tax amendments It seeks to change a return position for which an accuracy-related penalty has been or could be imposed at the time the relief is requested. Tax amendments It was informed of the requirement to file and related tax consequences, but chose not to file. Tax amendments It uses hindsight in requesting relief. Tax amendments The IRS will not ordinarily grant an extension if specific facts have changed since the due date that makes filing an application advantageous to an organization. Tax amendments Prejudicing the interest of the Government. Tax amendments   Prejudice to the interest of the Government results if granting an extension of time to file to an organization results in a lower total tax liability for the years to which the filing applies than would have been the case if the organization had filed on time. Tax amendments Before granting an extension, the IRS can require the organization requesting it to submit a statement from an independent auditor certifying that no prejudice will result if the extension is granted. Tax amendments The interests of the Government are ordinarily prejudiced if the tax year in which the application should have been filed (or any tax year that would have been affected had the filing been timely) are closed by the statute of limitations before relief is granted. Tax amendments The IRS can condition a grant of relief on the organization providing the IRS with a statement from an independent auditor certifying that the interests of the Government are not prejudiced. Tax amendments Procedure for requesting extension. Tax amendments   To request a discretionary extension, an organization must submit (to the IRS address shown on Form 1023 and Notice 1382) the following. Tax amendments A statement showing the date Form 1023 was required to have been filed and the date it was actually filed. Tax amendments Any documents relevant to the application. Tax amendments An affidavit describing in detail the events that led to the failure to apply and to the discovery of that failure. Tax amendments If the organization relied on a tax professional's advice, the affidavit must describe the engagement and responsibilities of the professional and the extent to which the organization relied on him or her. Tax amendments This affidavit must be accompanied by a dated declaration, signed by an individual who has personal knowledge of the facts and circumstances, who is authorized to act for the organization, which states, “Under penalties of perjury, I declare that I have examined this request, including accompanying documents, and, to the best of my knowledge and belief, the request contains all the relevant facts relating to the request, and such facts are true, correct, and complete. Tax amendments ” Detailed affidavits from individuals having knowledge or information about the events that led to the failure to make the application and to the discovery of that failure. Tax amendments This includes the organization's return preparer, and any accountant or attorney, knowledgeable in tax matters, who advised the taxpayer on the application. Tax amendments The affidavits must describe the engagement and responsibilities of the individual and the advice that he or she provided. Tax amendments These affidavits must include the name, current address, and taxpayer identification number of the individual, and be accompanied by a dated declaration, signed by the individual, which states: “Under penalties of perjury, I declare that I have examined this request, including accompanying documents, and, to the best of my knowledge and belief, the request contains all the relevant facts relating to the request, and such facts are true, correct, and complete. Tax amendments ” The organization must state whether the returns for the tax year in which the application should have been filed or any tax years that would have been affected by the application had it been timely made are being examined by the IRS, an appeals office, or a federal court. Tax amendments The organization must notify the IRS office considering the request for relief if the IRS starts an examination of any such return while the organization's request for relief is pending. Tax amendments The organization, if requested, has to submit copies of its tax returns, and copies of the returns of other affected taxpayers. Tax amendments   A request for this relief in connection with an application for exemption does not require payment of an additional user fee. Tax amendments Also, a request for relief under the automatic 12-month extension does not require payment of a user fee. Tax amendments More information. Tax amendments   For more information about these procedures, see Regulations sections 301. Tax amendments 9100-1, 301. Tax amendments 9100-2, 301. Tax amendments 9100-3, Revenue Procedure 2013-4, section 6. Tax amendments 04, 2013-1 I. Tax amendments R. Tax amendments B. Tax amendments 126, and Revenue Procedure 2013-8, 2013-1 I. Tax amendments R. Tax amendments B. Tax amendments 237. Tax amendments See Revenue Procedure 2013-4 and Revenue Procedure 2013-8. Tax amendments Notification from the IRS. Tax amendments   Organizations filing Form 1023 and satisfying all requirements of section 501(c)(3) will be notified of their exempt status in writing. Tax amendments Organizations Not Required To File Form 1023 Some organizations are not required to file Form 1023. Tax amendments These include: Churches, interchurch organizations of local units of a church, conventions or associations of churches, or integrated auxiliaries of a church, such as a men's or women's organization, religious school, mission society, or youth group. Tax amendments Any organization (other than a private foundation) normally having annual gross receipts of not more than $5,000 (see Gross receipts test, later). Tax amendments These organizations are exempt automatically if they meet the requirements of section 501(c)(3). Tax amendments Filing Form 1023 to establish exemption. Tax amendments   If the organization wants to establish its exemption with the IRS and receive a ruling or determination letter recognizing its exempt status, it should file Form 1023. Tax amendments By establishing its exemption, potential contributors are assured by the IRS that contributions will be deductible. Tax amendments A subordinate organization (other than a private foundation) covered by a group exemption letter does not have to submit a Form 1023 for itself. Tax amendments Private foundations. Tax amendments   See Private Foundations and Public Charities, later in this chapter, for more information about the additional notice required from an organization in order for it not to be presumed to be a private foundation and for the additional information required from a private foundation claiming to be an operating foundation. Tax amendments Gross receipts test. Tax amendments   For purposes of the gross receipts test, an organization normally does not have more than $5,000 annually in gross receipts if: During its first tax year the organization received gross receipts of $7,500 or less, During its first 2 years the organization had a total of $12,000 or less in gross receipts, and In the case of an organization that has been in existence for at least 3 years, the total gross receipts received by the organization during the immediately preceding 2 years, plus the current year, are $15,000 or less. Tax amendments   An organization with gross receipts more than the amounts in the gross receipts test, unless otherwise exempt from filing Form 1023, must file a Form 1023 within 90 days after the end of the period in which the amounts are exceeded. Tax amendments For example, an organization's gross receipts for its first tax year were less than $7,500, but at the end of its second tax year its gross receipts for the 2-year period were more than $12,000. Tax amendments The organization must file Form 1023 within 90 days after the end of its second tax year. Tax amendments   If the organization had existed for at least 3 tax years and had met the gross receipts test for all prior tax years but fails to meet the requirement for the current tax year, its tax-exempt status for the prior years will not be lost even if Form 1023 is not filed within 90 days after the close of the current tax year. Tax amendments However, the organization will not be treated as a section 501(c)(3) organization for the period beginning with the current tax year and ending with the filing of Form 1023. Tax amendments Example. Tax amendments   An organization is organized and operated exclusively for charitable purposes and is not a private foundation. Tax amendments It was incorporated on January 1, 2009, and files returns on a calendar-year basis. Tax amendments It did not file a Form 1023. Tax amendments The organization's gross receipts during the years 2009 through 2012 were as follows: 2009 $3,600 2010 2,900 2011 400 2012 12,600   The organization's total gross receipts for 2009, 2010, and 2011 were $6,900. Tax amendments Therefore, it did not have to file Form 1023 and is exempt for those years. Tax amendments However, for 2010, 2011, and 2012 the total gross receipts were $15,900. Tax amendments Therefore, the organization must file Form 1023 within 90 days after the end of its 2012 tax year. Tax amendments If it does not file within this time period, it will not be exempt under section 501(c)(3) for the period beginning with tax year 2012 ending when the Form 1023 is received by the IRS. Tax amendments The organization, however, will not lose its exempt status for the tax years ending before January 1, 2012. Tax amendments   The IRS will consider applying the Commissioner's discretionary authority to extend the time for filing Form 1023. Tax amendments See the procedures for this extension discussed earlier. Tax amendments Articles of Organization Your organization must include a conformed copy of its articles of organization with the application for recognition of exemption. Tax amendments This may be its trust instrument, corporate charter, articles of association, or any other written instrument by which it is created. Tax amendments Organizational Test The articles of organization must limit the organization's purposes to one or more of those described at the beginning of this chapter and must not expressly empower it to engage, other than as an insubstantial part of its activities, in activities that do not further one or more of those purposes. Tax amendments These conditions for exemption are referred to as the organizational test. Tax amendments Section 501(c)(3) is the provision of law that grants exemption to the organizations described in this chapter. Tax amendments Therefore, the organizational test may be met if the purposes stated in the articles of organization are limited in some way by reference to section 501(c)(3). Tax amendments The requirement that your organization's purposes and powers must be limited by the articles of organization is not satisfied if the limit is contained only in the bylaws or other rules or regulations. Tax amendments Moreover, the organizational test is not satisfied by statements of your organization's officers that you intend to operate only for exempt purposes. Tax amendments Also, the test is not satisfied by the fact that your actual operations are for exempt purposes. Tax amendments In interpreting an organization's articles, the law of the state where the organization was created is controlling. Tax amendments If an organization contends that the terms of its articles have a different meaning under state law than their generally accepted meaning, such meaning must be established by a clear and convincing reference to relevant court decisions, opinions of the state attorney general, or other appropriate state authorities. Tax amendments The following are examples illustrating the organizational test. Tax amendments Example 1. Tax amendments Articles of organization state that an organization is formed exclusively for literary and scientific purposes within the meaning of section 501(c)(3). Tax amendments These articles appropriately limit the organization's purposes. Tax amendments The organization meets the organizational test. Tax amendments Example 2. Tax amendments An organization, by the terms of its articles, is formed to engage in research without any further description or limitation. Tax amendments The organization will not be properly limited as to its purposes since all research is not scientific. Tax amendments The organization does not meet the organizational test. Tax amendments Example 3. Tax amendments An organization's articles state that its purpose is to receive contributions and pay them over to organizations that are described in section 501(c)(3) and exempt from taxation under section 501(a). Tax amendments The organization meets the organizational test. Tax amendments Example 4. Tax amendments If a stated purpose in the articles is the conduct of a school of adult education and its manner of operation is described in detail, such a purpose will be satisfactorily limited. Tax amendments Example 5. Tax amendments If the articles state the organization is formed for charitable purposes, without any further description, such language ordinarily will be sufficient since the term charitable has a generally accepted legal meaning. Tax amendments On the other hand, if the purposes are stated to be charitable, philanthropic, and benevolent, the organizational requirement will not be met since the terms philanthropic and benevolent have no generally accepted legal meaning and, therefore, the stated purposes may, under the laws of the state, permit activities that are broader than those intended by the exemption law. Tax amendments Example 6. Tax amendments If the articles state an organization is formed to promote American ideals, or to foster the best interests of the people, or to further the common welfare and well-being of the community, without any limitation or provision restricting such purposes to accomplishment only in a charitable manner, the purposes will not be sufficiently limited. Tax amendments Such purposes are vague and may be accomplished other than in an exempt manner. Tax amendments Example 7. Tax amendments A stated purpose to operate a hospital does not meet the organizational test since it is not necessarily charitable. Tax amendments A hospital may or may not be exempt depending on the manner in which it is operated. Tax amendments Example 8. Tax amendments An organization that is expressly empowered by its articles to carry on social activities will not be sufficiently limited as to its power, even if its articles state that it is organized and will be operated exclusively for charitable purposes. Tax amendments Dedication and Distribution of Assets Assets of an organization must be permanently dedicated to an exempt purpose. Tax amendments This means that should an organization dissolve, its assets must be distributed for an exempt purpose described in this chapter, or to the Federal Government or to a state or local government for a public purpose. Tax amendments If the assets could be distributed to members or private individuals or for any other purpose, the organizational test is not met. Tax amendments Dedication. Tax amendments   To establish that your organization's assets will be permanently dedicated to an exempt purpose, the articles of organization should contain a provision ensuring their distribution for an exempt purpose in the event of dissolution. Tax amendments Although reliance can be placed upon state law to establish permanent dedication of assets for exempt purposes, your organization's application probably can be processed much more rapidly if its articles of organization include a provision ensuring permanent dedication of assets for exempt purposes. Tax amendments Distribution. Tax amendments   Revenue Procedure 82-2, 1982-1 C. Tax amendments B. Tax amendments 367, identifies the states and circumstances in which the IRS will not require an express provision for the distribution of assets upon dissolution in the articles of organization. Tax amendments The procedure also provides a sample of an acceptable dissolution provision for organizations required to have one. Tax amendments   If a named beneficiary is to be the distributee, it must be one that would qualify and would be exempt within the meaning of section 501(c)(3) at the time the dissolution takes place. Tax amendments Since the named beneficiary at the time of dissolution may not be qualified, may not be in existence, or may be unwilling or unable to accept the assets of the dissolving organization, a provision should be made for distribution of the assets for one or more of the purposes specified in this chapter in the event of any such contingency. Tax amendments Sample articles of organization. Tax amendments   See sample articles of organization in the Appendix in the back of this publication. Tax amendments Educational Organizations and Private Schools If your organization wants to obtain recognition of exemption as an educational organization, you must submit complete information as to how your organization carries on or plans to carry on its educational activities, such as by conducting a school, by panels, discussions, lectures, forums, radio and television programs, or through various cultural media such as museums, symphony orchestras, or art exhibits. Tax amendments In each instance, you must explain by whom and where these activities are or will be conducted and the amount of admission fees, if any. Tax amendments You must submit a copy of the pertinent contracts, agreements, publications, programs, etc. Tax amendments If you are organized to conduct a school, you must submit full information regarding your tuition charges, number of faculty members, number of full-time and part-time students enrolled, courses of study and degrees conferred, together with a copy of your school catalog. Tax amendments See also Private Schools , discussed later. Tax amendments Educational Organizations The term educational relates to: The instruction or training of individuals for the purpose of improving or developing their capabilities, or The instruction of the public on subjects useful to individuals and beneficial to the community. Tax amendments Advocacy of a position. Tax amendments   Advocacy of a particular position or viewpoint may be educational if there is a sufficiently full and fair exposition of pertinent facts to permit an individual or the public to form an independent opinion or conclusion. Tax amendments The mere presentation of unsupported opinion is not educational. Tax amendments Method not educational. Tax amendments   The method used by an organization to develop and present its views is a factor in determining if an organization qualifies as educational within the meaning of section 501(c)(3). Tax amendments The following factors may indicate that the method is not educational. Tax amendments The presentation of viewpoints unsupported by facts is a significant part of the organization's communications. Tax amendments The facts that purport to support the viewpoint are distorted. Tax amendments The organization's presentations make substantial use of inflammatory and disparaging terms and express conclusions more on the basis of emotion than of objective evaluations. Tax amendments The approach used is not aimed at developing an understanding on the part of the audience because it does not consider their background or training. Tax amendments   Exceptional circumstances, however, may exist where an organization's advocacy may be educational even if one or more of the factors listed above are present. Tax amendments Qualifying organizations. Tax amendments   The following types of organizations may qualify as educational: An organization, such as a primary or secondary school, a college, or a professional or trade school, that has a regularly scheduled curriculum, a regular faculty, and a regularly enrolled student body in attendance at a place where the educational activities are regularly carried on, An organization whose activities consist of conducting public discussion groups, forums, panels, lectures, or other similar programs, An organization that presents a course of instruction by correspondence or through the use of television or radio, A museum, zoo, planetarium, symphony orchestra, or other similar organization, A nonprofit children's day-care center, and A credit counseling organization. Tax amendments College book stores, cafeterias, restaurants, etc. Tax amendments   These and other on-campus organizations should submit information to show that they are controlled by and operated for the convenience of the faculty and student body or by whom they are controlled and whom they serve. Tax amendments Alumni association. Tax amendments   An alumni association should establish that it is organized to promote the welfare of the university with which it is affiliated, is subject to the control of the university as to its policies and destination of funds, and is operated as an integral part of the university or is otherwise organized to promote the welfare of the college or university. Tax amendments If your association does not have these characteristics, it may still be exempt as a social club if it meets the requirements described in chapter 4, under 501(c)(7) - Social and Recreation Clubs . Tax amendments Athletic organization. Tax amendments   This type of organization must submit evidence that it is engaged in activities such as directing and controlling interscholastic athletic competitions, conducting tournaments, and prescribing eligibility rules for contestants. Tax amendments If it is not so engaged, your organization may be exempt as a social club described in chapter 4. Tax amendments Raising funds to be used for travel and other activities to interview and persuade prospective students with outstanding athletic ability to attend a particular university does not show an exempt purpose. Tax amendments If your organization is not exempt as an educational organization, see Amateur Athletic Organizations , later in this chapter. Tax amendments Private Schools Every private school filing an application for recognition of tax-exempt status must supply the IRS (on Schedule B, Form 1023) with the following information. Tax amendments The racial composition of the student body, and of the faculty and administrative staff, as of the current academic year. Tax amendments (This information also must be projected, so far as may be feasible, for the next academic year. Tax amendments ) The amount of scholarship and loan funds, if any, awarded to students enrolled and the racial composition of students who have received the awards. Tax amendments A list of the school's incorporators, founders, board members, and donors of land or buildings, whether individuals or organizations. Tax amendments A statement indicating whether any of the organizations described in item (3) above have an objective of maintaining segregated public or private school education at the time the application is filed and, if so, whether any of the individuals described in item (3) are officers or active members of those organizations at the time the application is filed. Tax amendments The public school district and county in which the school is located. Tax amendments How to determine racial composition. Tax amendments   The racial composition of the student body, faculty, and administrative staff can be an estimate based on the best information readily available to the school, without requiring student applicants, students, faculty, or administrative staff to submit to the school information that the school otherwise does not require. Tax amendments Nevertheless, a statement of the method by which the racial composition was determined must be supplied. Tax amendments The identity of individual students or members of the faculty and administrative staff should not be included with this information. Tax amendments   A school that is a state or municipal instrumentality (see Instrumentalities , near the beginning of this chapter), whether or not it qualifies for exemption under section 501(c)(3), is not considered to be a private school for purposes of the following discussion. Tax amendments Racially Nondiscriminatory Policy To qualify as an organization exempt from federal income tax, a private school must include a statement in its charter, bylaws, or other governing instrument, or in a resolution of its governing body, that it has a racially nondiscriminatory policy as to students and that it does not discriminate against applicants and students on the basis of race, color, or national or ethnic origin. Tax amendments Also, the school must circulate information that clearly states the school's admission policies. Tax amendments A racially nondiscriminatory policy toward students means that the school admits the students of any race to all the rights, privileges, programs, and activities generally accorded or made available to students at that school and that the school does not discriminate on the basis of race in administering its educational policies, admission policies, scholarship and loan programs, and athletic and other school-administered programs. Tax amendments The IRS considers discrimination on the basis of race to include discrimination on the basis of color or national or ethnic origin. Tax amendments The existence of a racially discriminatory policy with respect to the employment of faculty and administrative staff is indicative of a racially discriminatory policy as to students. Tax amendments Conversely, the absence of racial discrimination in the employment of faculty and administrative staff is indicative of a racially nondiscriminatory policy as to students. Tax amendments A policy of a school that favors racial minority groups with respect to admissions, facilities and programs, and financial assistance is not discrimination on the basis of race when the purpose and effect of this policy is to promote establishing and maintaining the school's nondiscriminatory policy. Tax amendments A school that selects students on the basis of membership in a religious denomination or unit is not discriminating if membership in the denomination or unit is open to all on a racially nondiscriminatory basis. Tax amendments Policy statement. Tax amendments   The school must include a statement of its racially nondiscriminatory policy in all its brochures and catalogs dealing with student admissions, programs, and scholarships. Tax amendments Also, the school must include a reference to its racially nondiscriminatory policy in other written advertising that it uses to inform prospective students of its programs. Tax amendments Publicity requirement. Tax amendments   The school must make its racially nondiscriminatory policy known to all segments of the general community served by the school. Tax amendments Selective communication of a racially nondiscriminatory policy that a school provides solely to leaders of racial groups will not be considered an effective means of communication to make the policy known to all segments of the community. Tax amendments To satisfy this requirement, the school must use one of the following two methods. Tax amendments Method one. Tax amendments   The school can publish a notice of its racially nondiscriminatory policy in a newspaper of general circulation that serves all racial segments of the community. Tax amendments Such publication must be repeated at least once annually during the period of the school's solicitation for students or, in the absence of a solicitation program, during the school's registration period. Tax amendments When more than one community is served by a school, the school can publish the notice in those newspapers that are reasonably likely to be read by all racial segments in the communities that the school serves. Tax amendments If this method is used, the notice must meet the following printing requirements. Tax amendments It must appear in a section of the newspaper likely to be read by prospective students and their families. Tax amendments It must occupy at least 3 column inches. Tax amendments It must have its title printed in at least 12 point bold face type. Tax amendments It must have the remaining text printed in at least 8 point type. Tax amendments The following is an acceptable example of the notice:   NOTICE OF NONDISCRIMINATORY POLICY AS TO STUDENTS     The M School admits students of any race, color, national and ethnic origin to all the rights, privileges, programs, and activities generally accorded or made available to students at the school. Tax amendments It does not discriminate on the basis of race, color, national and ethnic origin in administration of its educational policies, admissions policies, scholarship and loan programs, and athletic and other school-administered programs. Tax amendments   Method two. Tax amendments   The school can use the broadcast media to publicize its racially nondiscriminatory policy if this use makes the policy known to all segments of the general community the school serves. Tax amendments If the school uses this method, it must provide documentation showing that the means by which this policy was communicated to all segments of the general community was reasonably expected to be effective. Tax amendments In this case, appropriate documentation would include copies of the tapes or scripts used and records showing that there was an adequate number of announcements. Tax amendments The documentation also would include proof that these announcements were made during hours when they were likely to be communicated to all segments of the general community, that they were long enough to convey the message clearly, and that they were broadcast on radio or television stations likely to be listened to by substantial numbers of members of all racial segments of the general community. Tax amendments Announcements must be made during the period of the school's solicitation for students or, in the absence of a solicitation program, during the school's registration period. Tax amendments Exceptions. Tax amendments   The publicity requirements will not apply in the following situations. Tax amendments First, if for the preceding 3 years the enrollment of a parochial or other church-related school consists of students at least 75% of whom are members of the sponsoring religious denomination or unit, the school can make known its racially nondiscriminatory policy in whatever newspapers or circulars the religious denomination or unit uses in the communities from which the students are drawn. Tax amendments These newspapers and circulars can be distributed by a particular religious denomination or unit or by an association that represents a number of religious organizations of the same denomination. Tax amendments If, however, the school advertises in newspapers of general circulation in the community or communities from which its students are drawn and the second exception (discussed next) does not apply to the school, then it must comply with either of the publicity requirements explained earlier. Tax amendments Second, if a school customarily draws a substantial percentage of its students nationwide, worldwide, from a large geographic section or sections of the United States, or from local communities, and if the school follows a racially nondiscriminatory policy as to its students, the school may satisfy the publicity requirement by complying with the instructions explained earlier under Policy statement . Tax amendments   The school can demonstrate that it follows a racially nondiscriminatory policy either by showing that it currently enrolls students of racial minority groups in meaningful numbers or, except for local community schools, when minority students are not enrolled in meaningful numbers, that its promotional activities and recruiting efforts in each geographic area were reasonably designed to inform students of all racial segments in the general communities within the area of the availability of the school. Tax amendments The question as to whether a school demonstrates such a policy satisfactorily will be determined on the basis of the facts and circumstances of each case. Tax amendments   The IRS recognizes that the failure by a school drawing its students from local communities to enroll racial minority group students may not necessarily indicate the absence of a racially nondiscriminatory policy when there are relatively few or no such students in these communities. Tax amendments Actual enrollment is, however, a meaningful indication of a racially nondiscriminatory policy in a community in which a public school or schools became subject to a desegregation order of a federal court or are otherwise expressly obligated to implement a desegregation plan under the terms of any written contract or other commitment to which any federal agency was a party. Tax amendments   The IRS encourages schools to satisfy the publicity requirement by using either of the methods described earlier, even though a school considers itself to be within one of the Exceptions. Tax amendments The IRS believes that these publicity requirements are the most effective methods to make known a school's racially nondiscriminatory policy. Tax amendments In this regard, it is each school's responsibility to determine whether either of the exceptions applies. Tax amendments Such responsibility will prepare the school, if it is audited by the IRS, to demonstrate that the failure to publish its racially nondiscriminatory policy in accordance with either one of the publicity requirements was justified by one of the exceptions. Tax amendments Also, a school must be prepared to demonstrate that it has publicly disavowed or repudiated any statements purported to have been made on its behalf (after November 6, 1975) that are contrary to its publicity of a racially nondiscriminatory policy as to students, to the extent that the school or its principal official was aware of these statements. Tax amendments Facilities and programs. Tax amendments   A school must be able to show that all of its programs and facilities are operated in a racially nondiscriminatory manner. Tax amendments Scholarship and loan programs. Tax amendments   As a general rule, all scholarship or other comparable benefits obtainable at the school must be offered on a racially nondiscriminatory basis. Tax amendments This must be known throughout the general community being served by the school and should be referred to in its publicity. Tax amendments Financial assistance programs, as well as scholarships and loans made under financial assistance programs, that favor members of one or more racial minority groups and that do not significantly detract from or are designed to promote a school's racially nondiscriminatory policy will not adversely affect the school's exempt status. Tax amendments Certification. Tax amendments   An individual authorized to take official action on behalf of a school that claims to be racially nondiscriminatory as to students must certify annually, under penalties of perjury, on Schedule E (Form 990 or 990-EZ) or Form 5578, Annual Certification of Racial Nondiscrimination for a Private School Exempt From Federal Income Tax, whichever applies, that to the best of his or her knowledge and belief the school has satisfied all requirements that apply, as previously explained. Tax amendments   Failure to comply with the guidelines ordinarily will result in the proposed revocation of the exempt status of a school. Tax amendments Recordkeeping requirements. Tax amendments With certain exceptions, given later, each exempt private school must maintain the following records for a minimum period of 3 years, beginning with the year after the year of compilation or acquisition. Tax amendments Records indicating the racial composition of the student body, faculty, and administrative staff for each academic year. Tax amendments Records sufficient to document that scholarship and other financial assistance is awarded on a racially nondiscriminatory basis. Tax amendments Copies of all materials used by or on behalf of the school to solicit contributions. Tax amendments Copies of all brochures, catalogs, and advertising dealing with student admissions, programs, and scholarships. Tax amendments (Schools advertising nationally or in a large geographic segment or segments of the United States need only maintain a record sufficient to indicate when and in what publications their advertisements were placed. Tax amendments ) The racial composition of the student body, faculty, and administrative staff can be determined in the same manner as that described at the beginning of this section. Tax amendments However, a school cannot discontinue maintaining a system of records that reflect the racial composition of its students, faculty, and administrative staff used on November 6, 1975, unless it substitutes a different system that compiles substantially the same information, without advance approval of the IRS. Tax amendments The IRS does not require that a school release any personally identifiable records or personal information except in accordance with the requirements of the Family Educational Rights and Privacy Act of 1974. Tax amendments Similarly, the IRS does not require a school to keep records prohibited under state or federal law. Tax amendments Exceptions. Tax amendments   The school does not have to independently maintain these records for IRS use if both of the following are true. Tax amendments Substantially the same information has been included in a report or reports filed with an agency or agencies of federal, state, or local governments, and this information is current within 1 year. Tax amendments The school maintains copies of these reports from which this information is readily obtainable. Tax amendments If these reports do not include all of the information required, as discussed earlier, records providing such remaining information must be maintained by the school for IRS use. Tax amendments Failure to maintain records. Tax amendments   Failure to maintain or to produce the required records and information, upon proper request, will create a presumption that the organization has failed to comply with these guidelines. Tax amendments Organizations Providing Insurance An organization described in sections 501(c)(3) or 501(c)(4) may be exempt from tax only if no substantial part of its activities consists of providing commercial-type insurance. Tax amendments However, this rule does not apply to state-sponsored organizations described in sections 501(c)(26) or 501(c)(27), which are discussed in chapter 4, or to charitable risk pools, discussed next. Tax amendments Charitable Risk Pools A charitable risk pool is treated as organized and operated exclusively for charitable purposes if it: Is organized and operated only to pool insurable risks of its members (not including risks related to medical malpractice) and to provide information to its members about loss control and risk management, Consists only of members that are section 501(c)(3) organizations exempt from tax under section 501(a), Is organized under state law authorizing this type of risk pooling, Is exempt from state income tax (or will be after qualifying as a section 501(c)(3) organization), Has obtained at least $1,000,000 in startup capital from nonmember charitable organizations, Is controlled by a board of directors elected by its members, and Is organized under documents requiring that: Each member be a section 501(c)(3) organization exempt from tax under section 501(a), Each member that receives a final determination that it no longer qualifies under section 501(c)(3) notify the pool immediately, and Each insurance policy issued by the pool provide that it will not cover events occurring after a final determination described in (b). Tax amendments Other Section 501(c)(3) Organizations In addition to the information required for all organizations, as described earlier, you should include any other information described in this section. Tax amendments Charitable Organizations If your organization is applying for recognition of exemption as a charitable organization, it must show that it is organized and operated for purposes that are beneficial to the public interest. Tax amendments Some examples of this type of organization are those organized for: Relief of the poor, the distressed, or the underprivileged, Advancement of religion, Advancement of education or science, Erection or maintenance of public buildings, monuments, or works, Lessening the burdens of government, Lessening of neighborhood tensions, Elimination of prejudice and discrimination, Defense of human and civil rights secured by law, and Combating community deterioration and juvenile delinquency. Tax amendments The rest of this section contains a description of the information to be provided by certain specific organizations. Tax amendments This information is in addition to the required inclusions described in chapter 1, and other statements requested on Form 1023. Tax amendments Each of the following organizations must submit the information described. Tax amendments Charitable organization supporting education. Tax amendments   Submit information showing how your organization supports education — for example, contributes to an existing educational institution, endows a professorial chair, contributes toward paying teachers' salaries, or contributes to an educational institution to enable it to carry on research. Tax amendments Scholarships. Tax amendments   If the organization awards or plans to award scholarships, complete Schedule H of Form 1023. Tax amendments Also, submit the following: Criteria used for selecting recipients, including the rules of eligibility. Tax amendments How and by whom the recipients are or will be selected. Tax amendments If awards are or will be made directly to individuals, whether information is required assuring that the student remains in school. Tax amendments If awards are or will be made to recipients of a particular class, for example, children of employees of a particular employer— Whether any preference is or will be accorded an applicant by reason of the parent's position, length of employment, or salary, Whether as a condition of the award the recipient must upon graduation accept employment with the company, and Whether the award will be continued even if the parent's employment ends. Tax amendments A copy of the scholarship application form and any brochures or literature describing the scholarship program. Tax amendments Hospital. Tax amendments   If you are organized to operate a charitable hospital, complete and attach Section I of Schedule C, Form 1023. Tax amendments   If your hospital was transferred to you from proprietary ownership, complete and attach Schedule G of Form 1023. Tax amendments You must attach a list showing: The names of the active and courtesy staff members of the proprietary hospital, as well as the names of your medical staff members after the transfer to nonprofit ownership, and The names of any doctors who continued to lease office space in the hospital after its transfer to nonprofit ownership and the amount of rent paid. Tax amendments Submit also an appraisal showing the fair rental value of the rented space. Tax amendments Clinic. Tax amendments   If you are organized to operate a clinic, attach a statement including: A description of the facilities and services, To whom the services are offered, such as the public at large or a specific group, How charges are determined, such as on a profit basis, to recover costs, or at less than cost, By whom administered and controlled, Whether any of the professional staff (that is, those who perform or will perform the clinical services) also serve or will serve in an administrative capacity, and How compensation paid the professional staff is or will be determined. Tax amendments Home for the aged. Tax amendments   If you are organized to operate a home for the aged, complete and attach Schedule F of Form 1023 and required attachments. Tax amendments Community nursing bureau. Tax amendments   If you provide a nursing register or community nursing bureau, provide information showing that your organization will be operated as a community project and will receive its primary support from public contributions to maintain a nonprofit register of qualified nursing personnel, including graduate nurses, unregistered nursing school graduates, licensed attendants and practical nurses for the benefit of hospitals, health agencies, doctors, and individuals. Tax amendments Organization providing loans. Tax amendments   If you make, or will make, loans for charitable and educational purposes, submit the following information. Tax amendments An explanation of the circumstances under which such loans are, or will be, made. Tax amendments Criteria for selection, including the rules of eligibility. Tax amendments How and by whom the recipients are or will be selected. Tax amendments Manner of repayment of the loan. Tax amendments Security required, if any. Tax amendments Interest charged, if any, and when payable. Tax amendments Copies in duplicate of the loan application and any brochures or literature describing the loan program. Tax amendments Public-interest law firms. Tax amendments   If your organization was formed to litigate in the public interest (as opposed to providing legal services to the poor), such as in the area of protection of the environment, you should submit the following information. Tax amendments How the litigation can reasonably be said to be representative of a broad public interest rather than a private one. Tax amendments Whether the organization will accept fees for its services. Tax amendments A description of the cases litigated or to be litigated and how they benefit the public generally. Tax amendments Whether the policies and program of the organization are the responsibility of a board or committee representative of the public interest, which is neither controlled by employees or persons who litigate on behalf of the organization nor by any organization that is not itself an organization described in this chapter. Tax amendments Whether the organization is operated, through sharing of office space or otherwise, in a way to create identification or confusion with a particular private law firm. Tax amendments Whether there is an arrangement to provide, directly or indirectly, a deduction for the cost of litigation that is for the private benefit of the donor. Tax amendments Acceptance of attorneys' fees. Tax amendments   A nonprofit public-interest law firm can accept attorneys' fees in public-interest cases if the fees are paid directly by its clients and the fees are not more than the actual costs incurred in the case. Tax amendments Upon undertaking a representation, the organization cannot withdraw from the case because the litigant is unable to pay the fee. Tax amendments   Firms can accept fees awarded or approved by a court or an administrative agency and paid by an opposing party if the firms do not use the likelihood or probability of fee awards as a consideration in the selection of cases. Tax amendments All fee awards must be paid to the organization and not to its individual staff attorneys. Tax amendments Instead, a public-interest law firm can reasonably compensate its staff attorneys, but only on a straight salary basis. Tax amendments Private attorneys, whose services are retained by the firm to assist it in particular cases, can be compensated by the firm, but only on a fixed fee or salary basis. Tax amendments   The total amount of all attorneys' fees (court awarded and those received from clients) must not be more than 50% of the total cost of operations of the organization's legal functions, calculated over a 5-year period. Tax amendments   If, in order to carry out its program, an organization violates applicable canons of ethics, disrupts the judicial system, or engages in any illegal action, the organization will jeopardize its exemption. Tax amendments Religious Organizations To determine whether an organization meets the religious purposes test of section 501(c)(3), the IRS maintains two basic guidelines. Tax amendments That the particular religious beliefs of the organization are truly and sincerely held. Tax amendments That the practices and rituals associated with the organization's religious belief or creed are not illegal or contrary to clearly defined public policy. Tax amendments Therefore, your group (or organization) may not qualify for treatment as an exempt religious organization for tax purposes if its actions, as contrasted with its beliefs, are contrary to well established and clearly defined public policy. Tax amendments If there is a clear showing that the beliefs (or doctrines) are sincerely held by those professing them, the IRS will not question the religious nature of those beliefs. Tax amendments Churches. Tax amendments   Although a church, its integrated auxiliaries, or a convention or association of churches is not required to file Form 1023 to be exempt from federal income tax or to receive tax deductible contributions, the organization may find it advantageous to obtain recognition of exemption. Tax amendments In this event, you should submit information showing that your organization is a church, synagogue, association or convention of churches, religious order, or religious organization that is an integral part of a church, and that it is engaged in carrying out the function of a church. Tax amendments   In determining whether an admittedly religious organization is also a church, the IRS does not accept every assertion that the organization is a church. Tax amendments Because beliefs and practices vary so widely, there is no single definition of the word church for tax purposes. Tax amendments The IRS considers the facts and circumstances of each organization applying for church status. Tax amendments Convention or association of churches. Tax amendments   Any organization that is otherwise a convention or association of churches will not fail to qualify as a church merely because the membership of the organization includes individuals as well as churches or because the individuals have voting rights in the organization. Tax amendments Integrated auxiliaries. Tax amendments   An organization is an integrated auxiliary of a church if all the following are true. Tax amendments The organization is described both in sections 501(c)(3) and 509(a)(1), 509(a)(2), or 509(a)(3). Tax amendments It is affiliated with a church or a convention or association of churches. Tax amendments It is internally supported. Tax amendments An organization is internally supported unless both of the following are true. Tax amendments It offers admissions, goods, services, or facilities for sale, other than on an incidental basis, to the general public (except goods, services, or facilities sold at a nominal charge or for a small part of the cost). Tax amendments It normally gets more than 50% of its support from a combination of governmental sources, public solicitation of contributions, and receipts from the sale of admissions, goods, performance of services, or furnishing of facilities in activities that are not unrelated trades or businesses. Tax amendments Special rule. Tax amendments   Men's and women's organizations, seminaries, mission societies, and youth groups that satisfy (1) and (2) shown earlier are integrated auxiliaries of a church even if they are not internally supported. Tax amendments   In order for an organization (including a church and religious organization) to qualify for tax exemption, no part of its net earnings can inure to any individual. Tax amendments   Although an individual is entitled to a charitable deduction for contributions to a church, the assignment or similar transfer of compensation for personal services to a church generally does not relieve a taxpayer of federal income tax liability on the compensation, regardless of the motivation behind the transfer. Tax amendments Scientific Organizations You must show that your organization's research will be carried on in the public interest. Tax amendments Scientific research will be considered to be in the public interest if the results of the research (including any patents, copyrights, processes, or formulas) are made available to the public on a nondiscriminatory basis; if the research is performed for the United States or a state, county, or municipal government; or if the research is carried on for one of the following purposes. Tax amendments Aiding in the scientific education of college or university students. Tax amendments Obtaining scientific information that is published in a treatise, thesis, trade publication, or in any other form th