How can a nonprofit organization acquire a federal tax exemption?
In California, a nonprofit organization can acquire a federal tax exemption by filing Form 1023, Application for Recognition of Exemption under Section 501(c)(3) of the Internal Revenue Code, with the IRS. This form requires the organization to submit information about its activities and finances, as well as its purpose and governing documents, in order to be reviewed. The IRS will then assess the organization to determine if it meets the requirements to be recognized as a tax-exempt organization. The organization must demonstrate that it is organized exclusively for charitable, religious, educational, scientific, or literary purposes; that it does not benefit private interests; and that it does not engage in prohibited political activities. Furthermore, the organization must agree to limit its purposes and activities to those that are lawful and related to its mission. To help ensure the organization meets all criteria required for federal tax exemption, it should obtain assistance from an experienced lawyer who is knowledgeable in nonprofit organizations law in California. This lawyer should be able to ensure the organization properly files Form 1023 and provides all required information to the IRS. If the application is approved, the organization will then receive a “Letter of Determination” that officially recognizes its federal tax-exempt status.
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