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Tax-Exempt Information
What We Need to Do Every Year
Important Information
Filing Process
Required Paperwork and Associated Wording
Annual Information and Tax Returns
Resident Agent
Public Inspection of Exemption Applications and Annual Returns
Effective Date of Exemption
Contributions
Donee Information Return
Unrelated Business Income
Report of Received Cash
Political Activity
Supporting Education
Required Disclosures
Additional Resources
The following information was taken from the Business
Personal Property web page on the State of Maryland's Department
of Assessments and Taxation web site, IRS
Publication 557 (Rev. Jul 2001),
Tax-Exempt Status for Your Organization,
IRS Form 1023 and Instructions
and Form 872-C of the
Application for Recognition of Exemption Under Section 501(c)(3) of the Internal
Revenue Code,
Instructions for Form 990
and Form 990-EZ,
Return of Organization Exempt from Income Tax amd Short Form Return of Organization
Exempt from Income Tax
Under Section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code,
IRS Publication 1771,
Charitable ContributionsSubstantiation and Disclosure Requirements,
and IRS Publication 1391, Deductibility of Payments Made to Charities Conducting
Fund-Raising Events.
What We Need to Do Every Year
Important Information
Filing Process
Required Paperwork and Associated Wording
Annual Information and Tax Returns
Resident Agent
Organizations that are registered in the State of Maryland must have a resident
agent (just about every state has the same requirement). This agent must live
in the State and they are the person that is responsible for accepting proper
service of legal documents for the NAAA. Brian Roberts is listed with the State
as the resident agent for the NAAA. In order to change the address
of the resident agent, the current resident agent must fill-out and sign Resident Agent Change of Address
(Resolution
to Change Resident Agent can also be used, but it must also be signed by the Vice President of Operations) and mail it to the State Department of Assessments
and Taxation.
Public Inspection of Exemption Applications and Annual Returns
We must make available for public inspection a copy of our approved application
for recognition of exemption (Form
1023) and
supporting documents, along with any
document or letter issued by the IRS for public inspection. These documents
must be available during
regular business hours at our principal office.
We must also make available for inspection, upon request, a copy of our return
(Form 990 or 990-EZ)
for the 3-year period starting with the filing date. We need not disclose the
names of our
contributors.
The exemption and annual returns must be made available at our principal office
during regular business
hours. One source of information said that only the last three annual information
returns must be made available.
We must provide a copy of our exemption application and three most recent annual
returns to any
individual who requests one in person or in writing. If the individual made
the request in person,
the copy must be provided immediately. If the individual made the request in
writing, the copy must
be provided within 30 days. We can charge only a reasonable fee for copying
and mailing.
We do not have to provide copies of these documents if, under regulations, we
have made the documents
widely available.
The penalty for willful failure to allow public inspection of exemption application
or a return is
$1,000 for each application or return.
Effective Date of Exemption
If we file our tax-exempt application within 15 months after the end of the month in which it was
formed, and if the IRS approves the application, the effective date of our section 501(c)(3) status is
the date we were formed. We filed our application on the 9th of December 1997 and we formed on
the 17th of June 1997.
Contributions
Donors can take a charitable contribution deduction if their gift or bequest
is made to a section
501(c)(3) organization in accordance with Section 170.
If a donor receives something of value in return for their contribution (a common occurrence with
fund-raising efforts), part of all of the contribution may not be deductible. This may apply to fund-
raising 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.
If the donor receives or expects to receive goods or services in return for a contribution to our
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. 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. We 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 fund-raising
event or solicit their contributions how much is deductible and how much is for the goods or services.
We must give a donor a disclosure statement for a quid pro quo contribution over $75. A quid pro quo
contribution is a payment a donor makes to a charity partly as a contribution and partly for goods
and services. If someone gives us $100 and receives a concert ticket values at $40, they have made a
charitable contribution of $60. Even though the deductible part of the payment is not more than $75,
a disclosure statement must be filed because the donor's payment (quid pro quo contribution) is more
than $75.
The required written disclosure statement must inform the donor that the amount of the contribution
that is deductible for federal income tax purposes is limited to the excess of any money (and the
value of any property other than money) contributed by the donor over the fair market value of goods
or services provided by the charity and provide the donor with a good faith estimate of the fair
market value of the goods or services that the donor received. We must furnish the statement in
connection with either the solicitation or the receipt of the quid pro quo contribution. If the
disclosure statement is furnished in connection with a particular solicitation, it is not necessary
for us to provide another statement when we actually receive the contribution. We are not required to
provide a disclosure if the goods or services given to a donor have "insubstantial value," there is no
donative element involved in a particular transaction with us, or the donor makes a payment of $75 or
less per year and receives only annual membership benefits that consist of any rights or privileges
that the taxpayer can exercise often during the membership period, such as free or discounted
admissions or parking or preferred access to goods or services, or admission to events that are open
only to members and the cost per person of which is within the limits for low cost articles described
in Revenue Procedure 90-12 (as adjusted for inflation).
If we do not make the required disclosure of a quid pro quo contribution of more than $75, we pay a
penalty of $10 per contribution, not to exceed $5,000 per fund-raising event of mailing. We can
avoid the penalty if we can show that the failure was due to reasonable cause.
A donor can deduct a charitable contribution of $250 or more only if the donor has a written
acknowledgement from us. The donor must get the acknowledgement by the earlier of the date the donor
files the original return for the year the contribution is made or the due date, including extensions,
for filing the return. The donor is responsible for requesting and obtaining the written
acknowledgement from us. Although there is no prescribed format for the written acknowledgement, it
must provide enough information to substantiate the amount of the contribution.
This is discussed in more detail in Publication 1391, Deductibility of Payments Made to Charities
Conducting Fund-Raising Events.
Donee Information Return
If we receive a contribution of charitable deduction property and sell, exchange, or other dispose of
the property within 2 years after its receipt, we must file Form 8282, Donee Information Return
(Sale, Exchange, or Other Disposition of Donated Property). It must be filed within 125 days after
the disposition and a copy of Form 8282 is to be given to the donor. The donor must get a qualified
appraisal for contributions or property (other than money or publicly traded securities), the claimed
value of which is more than $5,000. The donee organization is not a qualified appraiser for the
purpose of making a qualified appraisal. For more information, see Publication 561, Determining the
Value of Donated Property.
Unrelated Business Income
Even through we are recognized as tax exempt, we may still be liable for tax on our unrelated business
income. Unrelated business income is income from a trade or business, regularly carried on, this is
not substantially related to the charitable, educational, or other purpose that is the basis for our
exemption. If we have more than $1,000 or more gross income from an unrelated business, we must file
Form 990-T, Exempt Organization Business Income Tax Return. We must also make quarterly
payments
of estimated tax on unrelated business income.
Report of Received Cash
If we receive, in the course of our activities, more than $10,000 cash in on transaction (or 2 or more
related transactions) that is not a charitable contribution, we must report it to the IRS on Form
8300, Report of Cash Payments Over $10,000 Received in a Trade or Business.
Political Activity
As a 501(c)(3) organization, we are precluded from, and suffer loss of exemption for, engaging in
any political campaign on behalf of, or in opposition to, any candidate for public office. If any of
our activities (whether or not substantial) of our organization consist of participating in, or
intervening in, any political campaign on behalf of (or in opposition to) any candidate for pubic
office, our organization will not qualify for tax-exempt status under section 501(c)(3). Such
participation or intervention includes the publishing or distributing of statements.
Certain voter education activities or public forums conducted in a nonpartisan manner may not be
prohibited political activity under 501(c)(3), while other so-called voter education activities may be
prohibited.
If we are uncertain as to the effect of our voter education activities, we should request a letter
ruling from the IRS. Send the request to:
Internal Revenue Service
Assistant Commissioner (Employee Plans and Exempt Organizations)
Attention: CP:E:EO
PO Box 120, Ben Franklin Station
Washington, DC 20044
Attempting to influence legislation, for this purpose, means any attempt to influence any legislation
through an effort to affect the opinions of the general public or any segment thereof (grass roots
lobbying), and any attempt to influence any legislation through communication with any member or
employee of a legislative body or with any government official or employee who may participate in the
formulation of legislation (direct lobbying).
However, the term "attempting to influence legislation" does not include the following activities:
- Making available the results of nonpartisan analysis, study, or research
- Examining and discussing broad social, economic, and similar problems
- Providing technical advice or assistance (where the advice would otherwise constitute the
influencing of legislation) to a governmental body or to a committee or other subdivision thereof in
response to a written request by that body or subdivision
- Appearing before or communicating with any legislative body about a possible decision of that body
that might affect the existence of the organization, its powers and duties, its tax-exempt status, or
the deduction of contributions to the organization
- Communicating with a government official or employee, other than
- A communication with a member or employee of a legislative body (when the communication would
otherwise constitute the influencing of legislation)
- A communication with the principal purpose of influencing legislation
Also excluded are communications between and organization and its bona fide members about legislation
or proposed legislation of direct interest to the organization and the members, unless these
communications directly encourage the members to attempt to influence legislation or directly encourage
the members to urge nonmembers to attempt to influence legislation, as explained later.
As stated above, in general, if a substantial part of the activities of our organization consists of
carrying on propaganda or otherwise attempting to influence legislation, our exemption from
federal income tax will be denied. However, since we are a public charity, we can elect to replace
the substantial part of activities test with a limit defined in terms of expenditures for influencing
legislation. If we elect to do this, we will not loose our tax-exempt status under section 501(c)(3)
unless we normally make lobbying expenditures that are more than 150% of the lobbying nontaxable
amount for our organization for each tax year or we normally make grass roots expenditures that are
more
than 150% of the grass roots nontaxable amount for our organization for each tax year.
The lobbying nontaxable amount for our organization for any tax year is the lesser of $1,000,000 or
- 20% of the exempt purpose expenditures if the exempt purpose expenditures are not over $500,000
- $100,000 plus 15% of the excess of the exempt purpose expenditures over $500,000 if the exempt
purpose expenditures are over $500,000 but not over $1,000,000
- $175,000 plus 10% of the excess of the exempt purpose expenditures over $1,000,000 if the exempt
purpose expenditures are over $1,000,000 but not over $1,500,000
- $225,000 plus 5% of the excess of the exempt purpose expenditures over $1,500,000 if the
exempt purpose expenditures are over $1,500,000
The term exempt purpose expenditures means the total of the amounts paid or incurred (including
depreciation and amortization, but not capital expenditures) by an organization for the tax year
to accomplish its exempt purposes. In addition, it includes administrative expenses paid or
incurred for the organization's exempt purposes, and amounts paid or incurred for the purpose of
influencing legislation, whether or not the legislation promotes the organization's exempt
purposes.
Exempt purpose expenditures do not include amounts paid or incurred to or for a separate fund-raising
unit of the organization or one or more other organizations, if the amounts are paid or incurred
primarily for fund raising.
The grass roots nontaxable amount for our organization for any tax year is 25% of the lobbying
nontaxable amount for our organization for that tax year.
We need to submit Form 5768, Election/Revocation of Election By an Eligible Section
501(c)(3) Organization To Make Expenditures To Influence Legislation, to make the election. The
form must be signed and postmarked within the first tax year to which it applies. If the form is used
to revoke the election, it must be signed and postmarked before the first day of the tax year to which
it applies. Eligible section 501(c)(3) organizations that have made the election t be subject to
the limits on lobbying expenditures must use Part VI-A of Schedule A (Form 990) to figure these
limits.
Because we are exempt under section 501(c) of the Code, we must file Form 1120-POL, U.S. Income Tax
Return for Certain Political Organizations, for any year in which we expend any amount to
influence
the selection, nomination, election, or appointment of any individual to any federal, state, or local
public office or office in a political organization, or the election of Presidential or Vice
Presidential electors (whether or not those individuals or electors are selected, nominated,
elected, or appointed) and have net investment income. Form 1120-POL is due by the 15th day of the 3rd month after the end of the exempt organization's tax
year, or by the 15th of December. The form is not required for expenditures for political
purposes we make if either the amount of the expenditures or the organization's net investment income
is not more than $100 for the tax year.
Supporting Education
If we award or plan to award scholarships, we must complete Schedule H of Form 1023 and submit the
following:
- Criteria used for selecting recipients, including the rules of eligibility
- How and by whom the recipients are or will be selected
- If awards are or will be made directly to individuals, whether information is required assuring
that the student remains in school
- If awards are or will be made to recipients of a particular class, for example, children 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
- Whether the award will be continued even if the parent's employment ends
- A copy of the scholarship application form and any brochures or literature describing the
scholarship program
Required Disclosures
Generally, we disclose information about our activities by entering it on the appropriate lines of our
annual return. In addition, we must disclose solicitation of nondeductible contributions and sales of
information or services that are available free from the government.
Solicitation of Nondeductible Contributions
Solicitations for contributions or other payments must include a statement that payments to use are
not deductible as charitable contributions for federal income tax purposes. The statement must be
included in the fund-raising solicitation and be conspicuous and easily recognizable. Since we are
exempt under section 501(c), we must follow this disclosure requirement.
Failure to make the required statement will result in a penalty of $1,000 for each day the failure
occurred, up to a maximum penalty of $10,000 for a calendar year. No penalty will be imposed if it is
shown that the failure was due to reasonable cause. If the failure was due to intentional disregard
of the requirements, the penalty may be higher and is not subject to a maximum amount.
Sales of Information or Services Available Free From Government
If we sell to individuals information that could be readily obtained for free (or for a nominal fee)
from the federal government, we must include a statement that the information or service can be so
obtained.
Additional Resources
There are a few places to check for more information for tax-exempt information:
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