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Top Ten Tips to Shorten the Tax-exempt Application Process

10.   Provide the required information on the principal officers and board of directors. List the following information for the principal officers and board of directors:

        a) Names; b) Mailing addresses; c) Titles and Positions; d) Annual compensation

9.   Ensure a director, trustee, principal officer or other authorized individual signs the Form 1023. Generally, a principal officer is the president, vice president, secretary or treasurer. The person signing the application must indicate his or her title or other authority to sign. A taxpayer’s representative may not sign the application. An original signature is required. Neither a stamped signature nor a faxed signature is permitted.

8.   Don’t forget to submit a copy of adopted by-laws, code of regulations or any other document that sets out the organization’s rules of operation, but only if adopted.

7.   Include all of the necessary financial data. See the instructions to Form 1023 to determine how much information you need to provide, based on how long your organization has existed.

6.   Include the month the organization’s annual accounting period ends. The accounting period ending date on the application should match the date stated in your by-laws, on financial statements, and on any prior returns filed.

5.   Attach all required schedules. Some lines require supporting schedules. Check all line items on financial statements.

4.   Complete all required pages. The information contained on each page and schedule of Form 1023 and Form 1024 is necessary for the IRS to make a determination about your tax-exempt status. Form 1023 has various schedules and pages that must be filled out for churches, schools, hospitals, scholarships, supporting organizations and certain other organizations.

3.   Provide enough information about the organization’s activities to show us how it will achieve the exempt purpose. Please don’t restate the purpose. Explain the specific activities that will achieve that purpose. Consider a “who, what, when, where, why and how” approach. Explain past, present, and planned activities. If you haven’t started activity yet, develop plans that provide a clear understanding of how your organization will operate. It is not necessary to describe activities that are speculative at this time.

2.   Attach a complete copy of the organizing document and all amendments. If the applicant is a corporation, include a complete copy of the articles of incorporation that shows it has been filed with and approved by the state. If the applicant is not incorporated, include a similar organizing document such as a constitution, articles of association, or by-laws. At a minimum, it should state the legal name, the purposes and the date of adoption. At least two members of the organization should sign the document. A trust document must be signed by the trustees and show the date of formation. For section 501(c)(3) applicants, the organizing document must comply with the organizational test for exemption.

1.   The Number 1 tip to reduce delays in processing exempt organization applications is . . .

INCLUDE THE CORRECT USER FEE!

Ensure the application includes a check or money order made payable to the United States Treasury for the appropriate user fee.

Following these ten tips can help shorten the time it takes to process an application for tax-exempt status. A correctly completed application, sent with all required documents and schedules has a good chance of being accepted with no further contact. If contact is necessary, the IRS agent can address the technical issues that need resolution without taking up time to get a completed application.

How Long is the IRS Taking to Approve Form 1023 Applications for Exemption?

Question:  If my nonprofit corporation files its IRS Form 1023 today, how long will it take before the IRS issues a letter approving the corporation as a tax-exempt Section 501(c) charitable organization?

Answer:  See the the IRS’ web page called “Where Is My Exemption Application?” to determine how far behind the IRS is in reviewing applications for tax-exemption.  We know of organizations that have received favorable IRS determination letters as quickly as six weeks and as long as two years after submitting applications for tax exemption.

Arizona Abolishes Charity Registration Requirement

Before September 13, 2013, Arizona law required that all Arizona charities register with the Arizona Secretary of State before soliciting charitable donations in the State of Arizona.  The Arizona legislature passed and Arizona Governor Jane Hull signed House Bill 2457, which repealed Arizona’s charitable organization solicitation registration laws and eliminated the requirement that Arizona charities must file annual charitable organization renewal forms with the Arizona Secretary of State.

HB 2457 repealed the following Arizona statutes:

  • ARS Section 44-6552 Charitable organizations; registration; violation; classification
  • ARS Section 44-6553 Exemptions
  • ARS Section 44-6554 Contracted fund raisers; registration, reregistration, contract and disclosure requirements
  • ARS Section 44-6555 Solicitation disclosure requirements; written confirmation
  • ARS Section 44-6556 Public records
  • ARS Section 44-6557 Fiscal records; inspection; retention
  • ARS Section 44-6558 Exchange of information with other states
  • ARS Section 44-6559 Rules
  • ARS Section 44-6560

ACC Now Gives Email Reminders of Due Date for Corporate Annual Reports

Since October 1, 2009, when the Arizona Corporation Commission stopped mailing reminders to Arizona corporations that the corporation’s annual report was due to be filed ten percent of the corporations formed in Arizona have been administratively dissolved because the corporation did not file its annual report.  Dissolution means the corporation ceases to exist, which is almost always a bad thing.  Fortunately the problem and the dissolution can be corrected if the corporation files all past due annual reports within six years of the date of the dissolution.”

Our corporate friendly Arizona Corporation Commission adopted a new feature that will help to reduce the number of corporations that are dissolved each year due to failure to file the annual report.  Beginning September 5, 2013, anybody can do a look up for the corporation commission on the ACC’s website and enter an email address to which the ACC will send four email reminders (90, 60, 30 & 15 days) of the upcoming due date of the corporation’s annual report.  Multiple email addresses can be entered for a corporation.  Tell your computer to accept email from [email protected].

Does My Nonprofit Need to File an IRS Form 990 While Waiting for Tax Exempt Status?

Question:  Our nonprofit corporation filed its IRS Form 1023 many months ago and has not yet been approved as a tax-exempt charity by the IRS.  Does the corporation have to file its tax return on IRS Form 990?

Yes:  A nonprofit corporation that seeks to become a 501(c)3) tax-exempt charity must file an IRS form 990 for the period beginning the day the corporation is formed  even if the IRS has not yet approved the corporation’s application for tax exemption.  The tax return must be filed EVEN IF THE CORPORATION DID NOT HAVE ANY INCOME!

If the corporation ultimately gets its tax-exemption, but failed to file Form 990s for three consecutive years, the IRS will automatically revoke the corporation’s tax exemption.

Arizona Corporation Commission Warns Charities Not to Use Its Form Articles of Organization

The text below is taken from the Arizona Corporation Commission’s instructions for its form Articles of Incorporation for a nonprofit corporation.  The ACC Warning is for All Nonprofit Organizations that Intent to be Tax-exempt Organization. If your to be formed nonprofit organization intends to be a charitable organization exempt from federal income tax DO NOT USE THE ARIZONA CORPORATION COMMISSION’S FORM ARTICLES OF INCORPORATION!!! 

The following text is the warning the ACC gives to people on page 1 in the middle column of its Instructions for the Articles of Incorporation for a nonprofit corporation:

The Internal Revenue Service requires that certain language be in the Articles of Incorporation before it will grant tax exempt status.  The form provided by the Arizona Corporation Commission complies only with the minimal requirements of Arizona law and does not include any IRS language.  If you intend to apply for tax exempt status after the corporation is formed, you should determine what language is required by the IRS and prepare your own Articles of Incorporation.  It is advisable to seek the advice of your tax or legal professional and/or the IRS before you form your corporation.  The Commission staff cannot give you legal or tax advice, and cannot tell you want language to include in your Articles.

Translation:  The Arizona Corporation Commission is telling people who want to form an Arizona charitable organization to hire an experienced nonprofit organization attorney.  Of course I am prejudiced, but I recommend you hire me (a legal professional who has formed 9,300+ Arizona corporations and LLCs and who has a masters degree in federal income tax law from New York University School of Law) to start an Arizona nonprofit organization that intends to become a tax-exempt charity.  See my article called “Arizona Nonprofit Corporation Formation Services” for a list of the 28 tasks I perform and 16 documents I prepare when I create an Arizona charitable organization for the extremely low price of $1,297.

Arizona Corporation Commission Has New Nonprofit Organization Forms

Earlier this week the Arizona Corporation Commission published new pdf fillable forms.  See the complete list of corporate forms.  The forms are a welcome improvement to the old awful forms.  Each form also has detailed instructions.

The ACC provides form Articles of Incorporation only for a corporation that does not intend to become a tax-exempt charitable organization.  To form an Arizona nonprofit corporation that will not be a charitable organization the incorporator must prepare and file the following forms with the Arizona Corporation Commission:

Arizona Corporation Commission’s Warning for Nonprofit Organizations that Intent to be Tax-exempt Organizations

If your to be formed nonprofit organization intends to be a charitable organization exempt from federal income tax DO NOT USE THE ARIZONA CORPORATION COMMISSION’S FORM ARTICLES OF INCORPORATION!!!  The following text is the warning the ACC gives to people in its Instructions for the Articles of Incorporation:

The Internal Revenue Service requires that certain language be in the Articles of Incorporation before it will grant tax exempt status.  The form provided by the Arizona Corporation Commission complies only with the minimal requirements of Arizona law and does not include any IRS language.  If you intend to apply for tax exempt status after the corporation is formed, you should determine what language is required by the IRS and prepare your own Articles of IncorporationIt is advisable to seek the advice of your tax or legal professional and/or the IRS before you form your corporation.  The Commission staff cannot give you legal or tax advice, and cannot tell you want language to include in your Articles.

Translation:  The Arizona Corporation Commission is telling people who want to form an Arizona charitable organization to hire an experienced nonprofit organization attorney.  Of course I am prejudiced, but I recommend you hire me (a legal professional who has formed 9,870+ Arizona corporations and LLCs and who has a masters degree in federal income tax law from the New York University School of Law) to start an Arizona nonprofit organization that intends to become a tax-exempt charity.  See my article called “Arizona Nonprofit Corporation Formation Services” for a list of the 28 tasks I perform and 16 documents I prepare when I create an Arizona charitable organization for the extremely low price of $1,297.

Life Cycle of a Public Charity

During its existence, a public charity has numerous interactions with the IRS – from filing an application for recognition of tax-exempt status, to filing the required annual information returns, to making changes in its mission and purpose. The IRS provides information, explanations, guides, forms and publications on all of these subjects – they are available through this IRS Web site. The illustration below provides an easy-to-use way of linking to the documents most charities will need as they proceed though the phases of their “life cycle.”

In addition to the following illustration, you can also download a graphical depiction of the life cycle, which includes functioning links back to our site.

Starting Out

Applying to IRS
Required Filings
Ongoing Compliance
Significant Events

Top Ten Reasons for Delays in Processing Exempt Organization Applications

Number 10. Is there enough financial data? See the instructions to Form 1023 or Form 1024 to determine how much information you need to provide, based on how long your organization has existed.

Number 9. In what month does the annual accounting period end? Applications should indicate the end of their fiscal year. It is a good idea to check for consistency. Does the fiscal year ending date stated on the application agree with the fiscal year ending date stated in the by-laws, on the financial statements, and on any prior returns filed?

Number 8. Did you provide the required information on the principal officers and board of directors? Applications should list the following information concerning the governing officials:

names,
mailing addresses,
titles and positions,
annual compensation.

Number 7. Did you provide enough information on the activities to show us how your exempt purpose will be achieved? Please don’t restate your purpose, but explain the specific activities you will carry on to achieve that purpose. You should consider a “who, what, when, where and why” approach. You should explain past, present, and planned activities. If you haven’t started an activity yet, develop your plans well enough that we can have a clear understanding of how it will operate. You are not required to describe activities that are merely speculative at this time.

Number 6. Did you complete all required schedules? You should check the line items on the financial statements. Some lines require supporting schedules.

Number 5. Did you complete all required pages? To make a determination, the information contained on the pages and schedules of Form 1023 and Form 1024 is necessary. On Form 1023, there are various schedules and pages that must be filled out for churches, schools, hospitals, scholarships, supporting organizations, and certain other organizations.

Number 4. Did a director, trustee, principal officer, or other authorized individual in a similar capacity sign the Form 1023 or Form 1024? Generally, a principal officer is the president, vice president, secretary, or treasurer. The person signing the application must indicate his or her title or other authority to sign. A taxpayer’s representative may not sign the application. Neither a stamped signature nor a faxed signature is permitted.

Number 3. If you have adopted by-laws, did you submit a copy? You need to provide a copy of your by-laws, code of regulations, or any other document that sets out the organization’s rules of operation, but only if adopted.

Number 2. Did you attach a complete copy of your organizing document and all amendments? If the applicant is a corporation, this would be a copy of the articles of incorporation that shows it has been filed with and approved by the state. If the applicant is not incorporated, it should have a similar organizing document. This could be a constitution, articles of association, or by-laws. Whatever the document is called, it must at the minimum state: the legal name, the purposes, and the date of adoption. The document should be signed by at least two members of the organization. A trust document must be signed by the trustees and show the date of formation. For section 501(c)(3) applicants, the organizing document must comply with the  organizational test for exemption.

The Number 1 reason for delays in processing exempt organization applications is . . . INCORRECT OR NO USER FEE!

See the  user fee page for more information.

Now that you know the ten most common pitfalls in the EO application process, please avoid them. If your application is completed correctly initially, and sent with all required documents and schedules, there is a good chance your organization could be recognized as exempt with no further contact. If there is contact, the agent can address the technical issues that need to be resolved without taking up your time trying to just get a complete application.

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