Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

IRS Streamlines Application Process for Small Exempt Organization Status

Author: Scarinci Hollenbeck, LLC

Date: July 26, 2017

Key Contacts

Back

The IRS recently finalized regulations that will streamline the process for obtaining small exempt organization status

The Internal Revenue Service (IRS) recently finalized regulations that will streamline the process for obtaining small exempt organization status. Form EZ-1023 is welcome news given the time and information required to complete the standard Form 1023.

Photo courtesy of Stocksnap.io

Benefits of Small Exempt Organization Status

Under Section 501(c)(3) of the Internal Revenue Code (IRC), certain nonprofit organizations are recognized as exempt from federal income tax. To be tax-exempt under section 501(c)(3), an organization must be organized and operated exclusively for exempt purposes set forth in the IRC. The most common types of 501(c)(3) entities are charitable, educational, and religious organizations.

Section 501(c)(3) further requires that none of the organization’s earnings inure to any private shareholder or individual. In addition, it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.

To obtain tax-exempt status, organizations must apply to and be recognized by the IRS. While this process is often a time-consuming process, it has significant benefits. Organizations that receive an IRS determination of 501(c)(3) status are exempt from federal income tax and are eligible to receive tax-deductible charitable contributions from donors.

Streamlined Requirements of Form 1023-EZ

Previously, organizations seeking tax-exempt status under section 501(c)(3) had to submit a properly completed and executed Form 1023, “Application for Recognition of Exemption Under 501(c)(3).”

On July 2, 2014, final and temporary regulations authorizing the Commissioner to adopt a streamlined application process that eligible organizations may use to apply for recognition of tax-exempt status under section 501(c)(3) were published in the Federal Register.

Under the temporary regulations, the IRS instituted the streamlined application process on Form 1023-EZ, “Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code,” the detailed procedures for which are set forth in Rev. Proc. 2017-5, 2017-1 IRB 230, and in the instructions for Form 1023-EZ. While any organization may file Form 1023 to apply for recognition of exemption from federal income tax under section 501(c)(3), only certain organizations are eligible to file Form 1023-EZ. Below are the key eligibility requirements:

  • The organization has projected annual gross receipts of $50,000 or less in the current taxable year and the next 2 years; 
  • The organization had annual gross receipts of $50,000 or less in each of the past 3 years for which the organization was in existence; and 
  • The organization has total assets the fair market value of which does not exceed $250,000. For purposes of this eligibility requirement, a good faith estimate of the fair market value of the organization’s assets is sufficient.

Even if they satisfy the above criteria, certain organizations are not eligible to submit Form 1023-EZ and must use Form 1023 to apply for recognition of exemption under 501(c)(3). They include, among others: organizations formed under the laws of a foreign country and organizations that do not have a U.S. mailing address; organizations that are not corporations, unincorporated associations, or trusts, such as a limited liability corporation (LLC); organizations that were previously revoked or that are successors to a previously revoked organization; and churches or conventions or associations of churches, schools, colleges, or universities, and hospitals or medical research organizations described in IRC Section 170(b)(1)(A)(i).

As first discussed on Prof. Brunetti’s Tax News Blog, the IRS recently adopted as final regulation the proposed regulations issued in June of 2014 without any substantive changes. To determine if your organization qualifies for filing the new Form 1023-EZ, the IRS’s eligibility criteria are available here. It is also advisable to contact an experienced tax attorney to discuss any questions or concerns.

Do you have any questions? Would you like to discuss the matter further? If so, please contact me, Frank Brunetti, at 201-806-3364.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"
Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract post image

Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract

Arbitration resolves disputes privately before an arbitrator whose decision is usually final, while litigation resolves them in court with full rights of appeal. Whether a business ends up in arbitration or litigation is often decided when it signs the contract, long before any dispute arises. Key Takeaways When facing a contract dispute, carefully consider your […]

Author: Graham Staton

Link to post with title - "Arbitration vs. Litigation vs. Mediation: What New Jersey Businesses Should Know Before Signing a Contract"
Can You Own Part of a New Jersey Business Without a Written Agreement? post image

Can You Own Part of a New Jersey Business Without a Written Agreement?

Can you own part of a business in New Jersey without a written agreement? Yes, it is possible. Under New Jersey’s Uniform Partnership Act, a partnership can arise when two or more people carry on a business as co-owners for profit, whether or not they ever intended to form one. Ownership doesn’t necessarily depend on […]

Author: Michael Mietlicki

Link to post with title - "Can You Own Part of a New Jersey Business Without a Written Agreement?"
Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One post image

Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One

For New Jersey businesses, crisis preparedness should be viewed as a legal and operational function, not simply an emergency-management exercise. A well-designed crisis response plan can help preserve evidence, protect confidential communications, meet reporting obligations, limit unnecessary exposure, and prevent an already difficult situation from becoming a larger legal problem. Key Takeaways A serious crisis […]

Author: Sean M. Pena

Link to post with title - "Crisis-Proofing Your New Jersey Business: Building a Crisis Response Plan Before You Need One"
Monmouth County's Next Development Wave: What Developers and Investors Need to Know post image

Monmouth County's Next Development Wave: What Developers and Investors Need to Know

Monmouth County is entering a significant new phase of development. For those looking to acquire property or undertake a new project, understanding the market opportunity is only the beginning. The more important question is whether a particular property can actually be developed as contemplated and what approvals, agreements, and other conditions will be required to […]

Author: Donald M. Pepe

Link to post with title - "Monmouth County's Next Development Wave: What Developers and Investors Need to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!