Exemption Requirements - Section 501(c)(3) Organizations

To be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization
must be organized and operated exclusively for exempt purposes set forth in section
501(c)(3), and none of its earnings may inure to any private shareholder or individual. In
addition, it may not be an action organization, i.e., 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.

Organizations described in section 501(c)(3) are commonly referred to as charitable
organizations. Organizations described in section 501(c)(3), other than testing for
public safety organizations, are eligible to receive tax-deductible contributions in
accordance with Code section 170.

The organization must not be organized or operated for the benefit of private interests,
and no part of a section 501(c)(3) organization's net earnings may inure to the benefit
of any private shareholder or individual. If the organization engages in an excess
benefit transaction with a person having substantial influence over the organization, an
excise tax may be imposed on the person and any organization managers agreeing to
the transaction.

Section 501(c)(3) organizations are restricted in how much political and legislative
(lobbying) activities they may conduct. For a detailed discussion, see Political and
Lobbying Activities. For more information about lobbying activities by charities, see the
article Lobbying Issues; for more information about political activities of charities, see
the FY-2002 CPE topic Election Year Issues
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