Having your nonprofit qualify as a tax-exempt charitable organization under section 501(c)(3) confers many tax benefits. Organizations that qualify for 501(c)(3) status can both exclude donations to the organization from income, and allow donors to take corresponding tax deductions on their returns. However, to maintain 501(c)(3) status and those tax benefits, you must:
1. Prepare and file annual returns.
2. Document receipts and expenditures.
3. Meet substantiation and disclosure requirements.
4. Maintain public support.
Know the IRS rules
Completely familiarize yourself with the Internal Revenue Service’s compliance requirements for nonprofit 501(c)(3) organizations.
I recommend: :
Publication 557 [PDF link] the “bible” of tax exempt organizations. [PDF link]
IRS FAQs.
The IRS Compliance Guide for Tax Exempt 501(c)(3) Organizations You can also contact the IRS’ exempt organizations division at
www.irs.gov/eo or (877) 829-5500.
Prepare and file annual returns
501(c)(3) organizations which normally have $25,000 or more in gross receipts must annually file Form 990 or Form 990EZ with Schedules A and B. Form 990EZ is a simplified form for use by organizations with gross receipts normally less than $100,000 and assets under $250,000. Organizations whose annual gross receipts are normally less than $25,000 are exempt from annual filing.
I recommend: You get a copy of
Form 990 [PDF link] or
Form 990EZ [PDF link]
Know your filing date
The return due date for Forms 990 and 990EZ is the 15th day of the 5th month after the end of the fiscal year.
I recommend: If you need extra time, a three-month extension can be had, without showing cause, by filing
Form 8868 [PDF link] before the due date. An additional three-month extension can be requested on Form 8868 if reasonable cause why the return cannot be filed by the extended due date is shown.
File employment tax returns
Like other employers, if you pay wages to employees, you must withhold, deposit and pay employment taxes.
I recommend: Estimate your withholdings with the
paycheck calculator at Payroll-Taxes.com. Get help with employee taxes from a payroll service, such as
PayChex.
Keep accurate books and records
501(c)(3) organizations must keep books and records to show compliance with tax rules. Identify the sources of all receipts. Document all expenditures. Keep all documentation that supports entries in the books.
I recommend: Keep track of receipts with bookkeeping ledgers and supplies available at
OfficeWorld.com or use an accounting software program, such as
QuickBooks or
Peachtree.
Comply with 501(c)(3) disclosure requirements
Form 1023 and annual returns along with the organization’s IRS exemption ruling letter must be made available for public inspection and copying, without charge other than reasonable copying expense. Schedule B of the annual return is not required to be disclosed.
I recommend: Keeping a file of all documents which need to be disclosed readily available. A list of the needed documents can be found in
Publication 557 [PDF link] or
The IRS Compliance Guide for Tax Exempt 501(c)(3) Organizations [PDF link]
Provide written acknowledgement to donors
Charitable organizations must provide written disclosure to a donor who makes a payment in excess of $75.
I recommend: Reading the IRS’s pamphlet on
substantiation and disclosure requirements [PDF link].
Reviewing the donor substantiation rules and
sample acknowledgement letter.
Find out state law requirements
You may have state laws you need to comply with. Many states have requirements for nonprofit organizations, including:
• Registering with the Attorney General
• Registering and reporting on fundraising activities
• Filing an annual report
• Reporting any significant transfer of assets out of the state of incorporation
I recommend: You contact the
state tax agency and
state attorney general's office to find out the requirements for nonprofit status maintenance in every state you operate in.