Free IRS 1023 Form in PDF

Free IRS 1023 Form in PDF

The IRS 1023 form is an application used by nonprofit organizations seeking tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. This complex document requires detailed information about the organization's purpose, activities, and finances. To streamline the application process and ensure compliance with IRS requirements, consider clicking the button below to fill out the form.

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In the landscape of fiscal responsibilities and privileges, the IRS 1023 form stands as a beacon for nonprofit organizations aspiring to secure their tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. This pivotal document outlines a comprehensive array of information, from the intricate details of an organization's structure and governance to the nuances of its financial records and operational activities. It serves not only as an application but as a narrative of an organization's mission, demonstrating its eligibility for tax exemption through evidence of its charitable, religious, educational, or scientific pursuits. The intricacies involved in completing the IRS 1023 form demand a meticulous approach, ensuring that every section is filled with accuracy and clarity to reflect the organization’s compliance with federal requirements. Through this rigorous process, the IRS assesses whether an organization's activities and objectives align with the standards set forth for tax-exempt entities, thereby laying a foundation for their financial and operational accountability. Engaging with this form is a critical step for nonprofit organizations, marking the beginning of their journey toward achieving a recognition that not only offers significant tax advantages but also enhances their credibility and integrity in the eyes of donors, grantmakers, and the broader community.

Preview - IRS 1023 Form

Form 1023 is filed electronically only on Pay.gov.

Go to www.irs.gov/form1023 for additional filing information.

Form 1023

(Rev. December 2017)

Department of the Treasury

Internal Revenue Service

Application for Recognition of Exemption

Under Section 501(c)(3) of the Internal Revenue Code

Do not enter social security numbers on this form as it may be made public. Go to www.irs.gov/Form1023 for instructions and the latest information.

OMB No. 1545-0056

Note: If exempt status is approved, this application will be open for public inspection.

Use the instructions to complete this application and for a definition of all bold items. For additional help, call IRS Exempt Organizations Customer Account Services toll-free at 1-877-829-5500. Visit our website at www.irs.gov for forms and publications. If the required information and documents are not submitted with payment of the appropriate user fee, the application may be returned to you.

Attach additional sheets to this application if you need more space to answer fully. Put your name and EIN on each sheet and identify each answer by Part and line number. Complete Parts I – XI of Form 1023 and submit only those Schedules (A through H) that apply to you.

Part I

Identification of Applicant

 

 

 

1

Full name of organization (exactly as it appears in your organizing document)

2

c/o Name (if applicable)

 

 

 

 

 

3

Mailing address (Number and street) (see instructions)

Room/Suite

4

Employer Identification Number (EIN)

 

 

 

 

 

 

City or town, state or country, and ZIP + 4

 

5

Month the annual accounting period ends (01 – 12)

 

 

 

 

6

Primary contact (officer, director, trustee, or authorized representative)

 

 

 

a Name:

 

 

 

 

 

 

 

b

Phone:

 

 

 

 

 

 

 

 

 

 

c

Fax: (optional)

7Are you represented by an authorized representative, such as an attorney or accountant? If “Yes,” provide the authorized representative’s name, and the name and address of the authorized representative’s firm. Include a completed Form 2848, Power of Attorney and Declaration of Representative, with your application if you would like us to communicate with your representative.

Yes

No

8Was a person who is not one of your officers, directors, trustees, employees, or an authorized representative listed in line 7, paid, or promised payment, to help plan, manage, or advise you about the structure or activities of your organization, or about your financial or tax matters? If “Yes,” provide the person’s name, the name and address of the person’s firm, the amounts paid or promised to be paid, and describe that person’s role.

Yes

No

9a Organization’s website:

bOrganization’s email: (optional)

10Certain organizations are not required to file an information return (Form 990 or Form 990-EZ). If you are granted tax-exemption, are you claiming to be excused from filing Form 990 or Form 990-EZ? If “Yes,” explain. See the instructions for a description of organizations not required to file Form 990 or Form 990-EZ.

Yes

No

11

Date incorporated if a corporation, or formed, if other than a corporation.

(MM/DD/YYYY)

/

/

 

12

Were you formed under the laws of a foreign country?

 

 

 

Yes

No

 

If “Yes,” state the country.

 

 

 

 

 

 

 

 

 

For Paperwork Reduction Act Notice, see instructions.

Cat. No. 17133K

 

Form 1023 (Rev. 12-2017)

Form 1023 (Rev. 12-2017)

Name:

EIN:

Page 2

Part II Organizational Structure

You must be a corporation (including a limited liability company), an unincorporated association, or a trust to be tax exempt.

See instructions. DO NOT file this form unless you can check “Yes” on lines 1, 2, 3, or 4.

1

Are you a corporation? If “Yes,” attach a copy of your articles of incorporation showing certification of

Yes

No

 

 

filing with the appropriate state agency. Include copies of any amendments to your articles and be sure

 

 

 

 

they also show state filing certification.

 

 

 

 

 

 

 

2

Are you a limited liability company (LLC)? If “Yes,” attach a copy of your articles of organization showing

Yes

No

 

 

certification of filing with the appropriate state agency. Also, if you adopted an operating agreement, attach

 

 

 

 

a copy. Include copies of any amendments to your articles and be sure they show state filing certification.

 

 

 

 

Refer to the instructions for circumstances when an LLC should not file its own exemption application.

 

 

 

 

 

 

 

3

Are you an unincorporated association? If “Yes,” attach a copy of your articles of association,

Yes

No

 

 

constitution, or other similar organizing document that is dated and includes at least two signatures.

 

 

 

 

Include signed and dated copies of any amendments.

 

 

 

 

 

 

 

 

4a

Are you a trust? If “Yes,” attach a signed and dated copy of your trust agreement. Include signed and

Yes

No

 

 

dated copies of any amendments.

 

 

 

b

Have you been funded? If “No,” explain how you are formed without anything of value placed in trust.

Yes

No

 

5

Have you adopted bylaws? If “Yes,” attach a current copy showing date of adoption. If “No,” explain

Yes

No

 

 

how your officers, directors, or trustees are selected.

 

 

Part III Required Provisions in Your Organizing Document

The following questions are designed to ensure that when you file this application, your organizing document contains the required provisions to meet the organizational test under section 501(c)(3). Unless you can check the boxes in both lines 1 and 2, your organizing document does not meet the organizational test. DO NOT file this application until you have amended your organizing document. Submit your original and amended organizing documents (showing state filing certification if you are a corporation or an LLC) with your application.

1Section 501(c)(3) requires that your organizing document state your exempt purpose(s), such as charitable, religious, educational, and/or scientific purposes. Check the box to confirm that your organizing document meets this requirement. Describe specifically where your organizing document meets this requirement, such as a reference to a particular article or section in your organizing document. Refer to the instructions for exempt purpose language.

Location of Purpose Clause (Page, Article, and Paragraph):

2 a Section 501(c)(3) requires that upon dissolution of your organization, your remaining assets must be used exclusively for exempt purposes, such as charitable, religious, educational, and/or scientific purposes. Check the box on line 2a to confirm that your organizing document meets this requirement by express provision for the distribution of assets upon dissolution. If you rely on state law for your dissolution provision, do not check the box on line 2a and go to line 2c.

bIf you checked the box on line 2a, specify the location of your dissolution clause (Page, Article, and Paragraph). Do not complete line 2c if you checked box 2a.

c See the instructions for information about the operation of state law in your particular state. Check this box if you rely on operation of state law for your dissolution provision and indicate the state:

Part IV

Narrative Description of Your Activities

Using an attachment, describe your past, present, and planned activities in a narrative. If you believe that you have already provided some of this information in response to other parts of this application, you may summarize that information here and refer to the specific parts of the application for supporting details. You may also attach representative copies of newsletters, brochures, or similar documents for supporting details to this narrative. Remember that if this application is approved, it will be open for public inspection. Therefore, your narrative description of activities should be thorough and accurate. Refer to the instructions for information that must be included in your description.

Part V Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees, Employees, and Independent Contractors

1a List the names, titles, and mailing addresses of all of your officers, directors, and trustees. For each person listed, state their total annual compensation, or proposed compensation, for all services to the organization, whether as an officer, employee, or other position. Use actual figures, if available. Enter “none” if no compensation is or will be paid. If additional space is needed, attach a separate sheet. Refer to the instructions for information on what to include as compensation.

Name

Title

Mailing address

Compensation amount (annual actual or estimated)

Form 1023 (Rev. 12-2017)

Form 1023 (Rev. 12-2017)

Name:

EIN:

Page 3

Part V

Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees, Employees,

 

and Independent Contractors (Continued)

 

 

bList the names, titles, and mailing addresses of each of your five highest compensated employees who receive or will receive compensation of more than $50,000 per year. Use the actual figure, if available. Refer to the instructions for information on what to include as compensation. Do not include officers, directors, or trustees listed in line 1a.

Name

Title

Mailing address

Compensation amount (annual actual or estimated)

cList the names, names of businesses, and mailing addresses of your five highest compensated independent contractors that receive or will receive compensation of more than $50,000 per year. Use the actual figure, if available. Refer to the instructions for information on what to include as compensation.

Name

Title

Mailing address

Compensation amount (annual actual or estimated)

The following “Yes” or “No” questions relate to past, present, or planned relationships, transactions, or agreements with your officers, directors, trustees, highest compensated employees, and highest compensated independent contractors listed in lines 1a, 1b, and 1c.

2a

Are any of your officers, directors, or trustees related to each other through family or business

Yes

No

 

relationships? If “Yes,” identify the individuals and explain the relationship.

 

 

b

Do you have a business relationship with any of your officers, directors, or trustees other than through

Yes

No

 

their position as an officer, director, or trustee? If “Yes,” identify the individuals and describe the business

 

 

 

relationship with each of your officers, directors, or trustees.

 

 

c

Are any of your officers, directors, or trustees related to your highest compensated employees or highest

Yes

No

 

compensated independent contractors listed on lines 1b or 1c through family or business relationships? If

 

 

 

“Yes,” identify the individuals and explain the relationship.

 

 

 

 

 

 

3 a

For each of your officers, directors, trustees, highest compensated employees, and highest

 

 

 

compensated independent contractors listed on lines 1a, 1b, or 1c, attach a list showing their name,

 

 

 

qualifications, average hours worked, and duties.

 

 

b

Do any of your officers, directors, trustees, highest compensated employees, and highest compensated

Yes

No

 

independent contractors listed on lines 1a, 1b, or 1c receive compensation from any other organizations,

 

 

 

whether tax exempt or taxable, that are related to you through common control? If “Yes,” identify the

 

 

 

individuals, explain the relationship between you and the other organization, and describe the

 

 

 

compensation arrangement.

 

 

4In establishing the compensation for your officers, directors, trustees, highest compensated employees, and highest compensated independent contractors listed on lines 1a, 1b, and 1c, the following practices are recommended, although they are not required to obtain exemption. Answer “Yes” to all the practices you use.

a

Do you or will the individuals that approve compensation arrangements follow a conflict of interest policy?

Yes

No

b

Do you or will you approve compensation arrangements in advance of paying compensation?

Yes

No

c

Do you or will you document in writing the date and terms of approved compensation arrangements?

Yes

No

Form 1023 (Rev. 12-2017)

Form 1023 (Rev. 12-2017)

Name:

EIN:

Page 4

Part V

Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees, Employees,

 

and Independent Contractors (Continued)

 

 

dDo you or will you record in writing the decision made by each individual who decided or voted on compensation arrangements?

eDo you or will you approve compensation arrangements based on information about compensation paid by similarly situated taxable or tax-exempt organizations for similar services, current compensation surveys compiled by independent firms, or actual written offers from similarly situated organizations? Refer to the instructions for Part V, lines 1a, 1b, and 1c, for information on what to include as compensation.

Yes

No

Yes

No

f Do you or will you record in writing both the information on which you relied to base your decision and its

Yes

No

source?

 

 

gIf you answered “No” to any item on lines 4a through 4f, describe how you set compensation that is reasonable for your officers, directors, trustees, highest compensated employees, and highest compensated independent contractors listed in Part V, lines 1a, 1b, and 1c.

5a Have you adopted a conflict of interest policy consistent with the sample conflict of interest policy in

Yes

No

Appendix A to the instructions? If “Yes,” provide a copy of the policy and explain how the policy has

 

 

been adopted, such as by resolution of your governing board. If “No,” answer lines 5b and 5c.

 

 

bWhat procedures will you follow to assure that persons who have a conflict of interest will not have influence over you for setting their own compensation?

cWhat procedures will you follow to assure that persons who have a conflict of interest will not have influence over you regarding business deals with themselves?

Note: A conflict of interest policy is recommended though it is not required to obtain exemption. Hospitals, see Schedule C, Section I, line 14.

6a

Do you or will you compensate any of your officers, directors, trustees, highest compensated employees, and highest

Yes

No

 

compensated independent contractors listed in lines 1a, 1b, or 1c through non-fixed payments, such as discretionary

 

 

 

bonuses or revenue-based payments? If “Yes,” describe all non-fixed compensation arrangements, including how the

 

 

 

amounts are determined, who is eligible for such arrangements, whether you place a limitation on total compensation,

 

 

 

and how you determine or will determine that you pay no more than reasonable compensation for services. Refer to

 

 

 

the instructions for Part V, lines 1a, 1b, and 1c, for information on what to include as compensation.

 

 

b

Do you or will you compensate any of your employees, other than your officers, directors, trustees, or your

Yes

No

 

five highest compensated employees who receive or will receive compensation of more than $50,000 per

 

 

 

year, through non-fixed payments, such as discretionary bonuses or revenue-based payments? If “Yes,”

 

 

 

describe all non-fixed compensation arrangements, including how the amounts are or will be determined, who

 

 

 

is or will be eligible for such arrangements, whether you place or will place a limitation on total compensation,

 

 

 

and how you determine or will determine that you pay no more than reasonable compensation for services.

 

 

 

Refer to the instructions for Part V, lines 1a, 1b, and 1c, for information on what to include as compensation.

 

 

 

 

 

 

7a

Do you or will you purchase any goods, services, or assets from any of your officers, directors, trustees, highest

Yes

No

 

compensated employees, or highest compensated independent contractors listed in lines 1a, 1b, or 1c? If “Yes,”

 

 

 

describe any such purchase that you made or intend to make, from whom you make or will make such purchases, how

 

 

 

the terms are or will be negotiated at arm’s length, and explain how you determine or will determine that you pay no

 

 

 

more than fair market value. Attach copies of any written contracts or other agreements relating to such purchases.

 

 

b

Do you or will you sell any goods, services, or assets to any of your officers, directors, trustees, highest

Yes

No

 

compensated employees, or highest compensated independent contractors listed in lines 1a, 1b, or 1c? If “Yes,”

 

 

 

describe any such sales that you made or intend to make, to whom you make or will make such sales, how the

 

 

 

terms are or will be negotiated at arm’s length, and explain how you determine or will determine you are or will be

 

 

 

paid at least fair market value. Attach copies of any written contracts or other agreements relating to such sales.

 

 

 

 

 

 

8a

Do you or will you have any leases, contracts, loans, or other agreements with your officers, directors,

Yes

No

 

trustees, highest compensated employees, or highest compensated independent contractors listed in

 

 

lines 1a, 1b, or 1c? If “Yes,” provide the information requested in lines 8b through 8f.

bDescribe any written or oral arrangements that you made or intend to make.

cIdentify with whom you have or will have such arrangements.

dExplain how the terms are or will be negotiated at arm’s length.

eExplain how you determine you pay no more than fair market value or you are paid at least fair market value. f Attach copies of any signed leases, contracts, loans, or other agreements relating to such arrangements.

9a Do you or will you have any leases, contracts, loans, or other agreements with any organization in which

Yes

No

any of your officers, directors, or trustees are also officers, directors, or trustees, or in which any individual officer, director, or trustee owns more than a 35% interest? If “Yes,” provide the information requested in lines 9b through 9f.

Form 1023 (Rev. 12-2017)

Form 1023 (Rev. 12-2017)

Name:

EIN:

Page 5

Part V

Compensation and Other Financial Arrangements With Your Officers, Directors, Trustees,

 

 

Employees, and Independent Contractors (Continued)

 

 

bDescribe any written or oral arrangements you made or intend to make.

cIdentify with whom you have or will have such arrangements.

dExplain how the terms are or will be negotiated at arm’s length.

eExplain how you determine or will determine you pay no more than fair market value or that you are paid at least fair market value.

fAttach a copy of any signed leases, contracts, loans, or other agreements relating to such arrangements.

Part VI

Your Members and Other Individuals and Organizations That Receive Benefits From You

The following “Yes” or “No” questions relate to goods, services, and funds you provide to individuals and organizations as part of your activities. Your answers should pertain to past, present, and planned activities. See instructions.

1 a In carrying out your exempt purposes, do you provide goods, services, or funds to individuals? If “Yes,” describe each program that provides goods, services, or funds to individuals.

bIn carrying out your exempt purposes, do you provide goods, services, or funds to organizations? If “Yes,” describe each program that provides goods, services, or funds to organizations.

Yes

No

Yes

No

2

Do any of your programs limit the provision of goods, services, or funds to a specific individual or group

Yes

No

 

of specific individuals? For example, answer “Yes,” if goods, services, or funds are provided only for a

 

 

 

particular individual, your members, individuals who work for a particular employer, or graduates of a

 

 

 

particular school. If “Yes,” explain the limitation and how recipients are selected for each program.

 

 

 

 

 

 

3

Do any individuals who receive goods, services, or funds through your programs have a family or

Yes

No

 

business relationship with any officer, director, trustee, or with any of your highest compensated

 

 

 

employees or highest compensated independent contractors listed in Part V, lines 1a, 1b, and 1c? If

 

 

 

“Yes,” explain how these related individuals are eligible for goods, services, or funds.

 

 

 

 

 

 

Part VII

Your History

 

 

The following “Yes” or “No” questions relate to your history. See instructions.

1

Are you a successor to another organization? Answer “Yes,” if you have taken or will take over the

Yes

No

 

 

activities of another organization; you took over 25% or more of the fair market value of the net assets of

 

 

 

 

another organization; or you were established upon the conversion of an organization from for-profit to

 

 

 

 

nonprofit status. If “Yes,” complete Schedule G.

 

 

 

 

 

 

 

2

Are you submitting this application more than 27 months after the end of the month in which you were

Yes

No

 

 

legally formed? If “Yes,” complete Schedule E.

 

 

 

 

 

 

 

 

Part VIII

Your Specific Activities

 

 

The following “Yes” or “No” questions relate to specific activities that you may conduct. Check the appropriate box. Your answers should pertain to past, present, and planned activities. See instructions.

1 Do you support or oppose candidates in political campaigns in any way? If “Yes,” explain.

Yes

No

2 a

Do you attempt to influence legislation? If “Yes,” explain how you attempt to influence legislation and

Yes

No

 

complete line 2b. If “No,” go to line 3a.

 

 

b

Have you made or are you making an election to have your legislative activities measured by

Yes

No

 

expenditures by filing Form 5768? If “Yes,” attach a copy of the Form 5768 that was already filed or

 

 

 

attach a completed Form 5768 that you are filing with this application. If “No,” describe whether your

 

 

 

attempts to influence legislation are a substantial part of your activities. Include the time and money

 

 

 

spent on your attempts to influence legislation as compared to your total activities.

 

 

3a Do you or will you operate bingo or gaming activities? If “Yes,” describe who conducts them, and list all revenue received or expected to be received and expenses paid or expected to be paid in operating these activities. Revenue and expenses should be provided for the time periods specified in Part IX, Financial Data.

bDo you or will you enter into contracts or other agreements with individuals or organizations to conduct bingo or gaming for you? If “Yes,” describe any written or oral arrangements that you made or intend to make, identify with whom you have or will have such arrangements, explain how the terms are or will be negotiated at arm’s length, and explain how you determine or will determine you pay no more than fair market value or you will be paid at least fair market value. Attach copies or any written contracts or other agreements relating to such arrangements.

cList the states and local jurisdictions, including Indian Reservations, in which you conduct or will conduct gaming or bingo.

Yes

No

Yes

No

Form 1023 (Rev. 12-2017)

Form 1023 (Rev. 12-2017)

Name:

EIN:

 

Page 6

Part VIII

Your Specific Activities (Continued)

 

 

 

4 a Do

you or will you undertake fundraising? If “Yes,” check all the fundraising programs you do or will

Yes

No

conduct. See instructions.

 

 

 

 

mail solicitations

 

phone solicitations

 

 

 

email solicitations

 

accept donations on your website

 

 

 

personal solicitations

receive donations from another organization’s website

 

 

vehicle, boat, plane, or similar donations

government grant solicitations

 

 

 

foundation grant solicitations

Other

 

 

Attach a description of each fundraising program.

b Do you or will you have written or oral contracts with any individuals or organizations to raise funds for

Yes

No

you? If “Yes,” describe these activities. Include all revenue and expenses from these activities and state

 

 

who conducts them. Revenue and expenses should be provided for the time periods specified in Part IX,

 

 

Financial Data. Also, attach a copy of any contracts or agreements.

 

 

c Do you or will you engage in fundraising activities for other organizations? If “Yes,” describe these

Yes

No

arrangements. Include a description of the organizations for which you raise funds and attach copies of

 

 

all contracts or agreements.

 

 

dList all states and local jurisdictions in which you conduct fundraising. For each state or local jurisdiction listed, specify whether you fundraise for your own organization, you fundraise for another organization, or another organization fundraises for you.

e

Do you or will you maintain separate accounts for any contributor under which the contributor has the

Yes

No

 

right to advise on the use or distribution of funds? Answer “Yes” if the donor may provide advice on the

 

 

 

types of investments, distributions from the types of investments, or the distribution from the donor’s

 

 

 

contribution account. If “Yes,” describe this program, including the type of advice that may be provided

 

 

 

and submit copies of any written materials provided to donors.

 

 

 

 

 

 

5

Are you affiliated with a governmental unit? If “Yes,” explain.

Yes

No

6a

Do you or will you engage in economic development? If “Yes,” describe your program.

Yes

No

bDescribe in full who benefits from your economic development activities and how the activities promote exempt purposes.

7a

Do or will persons other than your employees or volunteers develop your facilities? If “Yes,” describe

Yes

No

 

each facility, the role of the developer, and any business or family relationship(s) between the developer

 

 

 

and your officers, directors, or trustees.

 

 

b

Do or will persons other than your employees or volunteers manage your activities or facilities? If “Yes,”

Yes

No

 

describe each activity and facility, the role of the manager, and any business or family relationship(s)

 

 

 

between the manager and your officers, directors, or trustees.

 

 

cIf there is a business or family relationship between any manager or developer and your officers, directors, or trustees, identify the individuals, explain the relationship, describe how contracts are negotiated at arm’s length so that you pay no more than fair market value, and submit a copy of any contracts or other agreements.

8 Do you or will you enter into joint ventures, including partnerships or limited liability companies

Yes

No

treated as partnerships, in which you share profits and losses with partners other than section 501(c)(3)

 

 

organizations? If “Yes,” describe the activities of these joint ventures in which you participate.

 

 

9a Are you applying for exemption as a childcare organization under section 501(k)? If “Yes,” answer lines 9b through 9d. If “No,” go to line 10.

bDo you provide childcare so that parents or caretakers of children you care for can be gainfully employed (see instructions)? If “No,” explain how you qualify as a childcare organization described in section 501(k).

Yes

No

Yes

No

cOf the children for whom you provide childcare, are 85% or more of them cared for by you to enable their parents or caretakers to be gainfully employed (see instructions)? If “No,” explain how you qualify as a childcare organization described in section 501(k).

dAre your services available to the general public? If “No,” describe the specific group of people for whom your activities are available. Also, see the instructions and explain how you qualify as a childcare organization described in section 501(k).

Yes

No

Yes

No

10 Do you or will you publish, own, or have rights in music, literature, tapes, artworks, choreography,

Yes

No

scientific discoveries, or other intellectual property? If “Yes,” explain. Describe who owns or will own any copyrights, patents, or trademarks, whether fees are or will be charged, how the fees are determined, and how any items are or will be produced, distributed, and marketed.

Form 1023 (Rev. 12-2017)

Form 1023 (Rev. 12-2017)

Name:

EIN:

 

Page 7

Part VIII

Your Specific Activities (Continued)

 

 

 

11

Do you or will you accept contributions of: real property; conservation easements; closely held

Yes

No

 

securities; intellectual property such as patents, trademarks, and copyrights; works of music or art;

 

 

 

licenses; royalties; automobiles, boats, planes, or other vehicles; or collectibles of any type? If “Yes,”

 

 

 

describe each type of contribution, any conditions imposed by the donor on the contribution, and any

 

 

 

agreements with the donor regarding the contribution.

 

 

 

12 a

Do you or will you operate in a foreign country or countries? If “Yes,” answer lines 12b through 12d. If

Yes

No

 

“No,” go to line 13a.

 

 

 

 

b

Name the foreign countries and regions within the countries in which you operate.

 

 

 

c

Describe your operations in each country and region in which you operate.

 

 

 

d

Describe how your operations in each country and region further your exempt purposes.

 

 

 

 

 

 

 

13a

Do you or will you make grants, loans, or other distributions to organization(s)? If “Yes,” answer lines 13b

Yes

No

 

through 13g. If “No,” go to line 14a.

 

 

 

bDescribe how your grants, loans, or other distributions to organizations further your exempt purposes.

c Do you have written contracts with each of these organizations? If “Yes,” attach a copy of each contract.

Yes

No

dIdentify each recipient organization and any relationship between you and the recipient organization.

eDescribe the records you keep with respect to the grants, loans, or other distributions you make.

fDescribe your selection process, including whether you do any of the following.

(i)

Do you require an application form? If “Yes,” attach a copy of the form.

Yes

No

(ii)

Do you require a grant proposal? If “Yes,” describe whether the grant proposal specifies your

Yes

No

 

responsibilities and those of the grantee, obligates the grantee to use the grant funds only for the

 

 

 

purposes for which the grant was made, provides for periodic written reports concerning the use of

 

 

 

grant funds, requires a final written report and an accounting of how grant funds were used, and

 

 

 

acknowledges your authority to withhold and/or recover grant funds in case such funds are, or appear

 

 

 

to be, misused.

 

 

gDescribe your procedures for oversight of distributions that assure you the resources are used to further your exempt purposes, including whether you require periodic and final reports on the use of resources.

14 a Do you or will you make grants, loans, or other distributions to foreign organizations? If “Yes,” answer lines 14b through 14f. If “No,” go to line 15.

bProvide the name of each foreign organization, the country and regions within a country in which each foreign organization operates, and describe any relationship you have with each foreign organization.

cDoes any foreign organization listed in line 14b accept contributions earmarked for a specific country or specific organization? If “Yes,” list all earmarked organizations or countries.

dDo your contributors know that you have ultimate authority to use contributions made to you at your discretion for purposes consistent with your exempt purposes? If “Yes,” describe how you relay this information to contributors.

eDo you or will you make pre-grant inquiries about the recipient organization? If “Yes,” describe these inquiries, including whether you inquire about the recipient’s financial status, its tax-exempt status under the Internal Revenue Code, its ability to accomplish the purpose for which the resources are provided, and other relevant information.

fDo you or will you use any additional procedures to ensure that your distributions to foreign organizations are used in furtherance of your exempt purposes? If “Yes,” describe these procedures, including site visits by your employees or compliance checks by impartial experts, to verify that grant funds are being used appropriately.

Yes

No

Yes

No

Yes

No

Yes

No

Yes

No

Form 1023 (Rev. 12-2017)

 

Form 1023 (Rev. 12-2017)

Name:

EIN:

 

Page 8

 

Part VIII

Your Specific Activities (Continued)

 

 

 

15

Do you have a close connection with any organizations? If “Yes,” explain.

 

Yes

No

 

16

Are you applying for exemption as a cooperative hospital service organization under section 501(e)? If

Yes

No

 

 

“Yes,” explain.

 

 

 

 

 

 

 

 

 

17

Are you applying for exemption as a cooperative service organization of operating educational

Yes

No

 

 

organizations under section 501(f)? If “Yes,” explain.

 

 

 

 

 

 

 

 

18

Are you applying for exemption as a charitable risk pool under section 501(n)? If “Yes,” explain.

Yes

No

 

19

Do you or will you operate a school? If “Yes,” complete Schedule B. Answer “Yes,” whether you operate

Yes

No

 

 

a school as your main function or as a secondary activity.

 

 

 

 

 

 

 

 

20

Is your main function to provide hospital or medical care? If “Yes,” complete Schedule C.

Yes

No

 

21

Do you or will you provide low-income housing or housing for the elderly or handicapped? If “Yes,”

Yes

No

 

 

complete Schedule F.

 

 

 

 

 

 

 

 

 

22

Do you or will you provide scholarships, fellowships, educational loans, or other educational grants to

Yes

No

 

 

individuals, including grants for travel, study, or other similar purposes? If “Yes,” complete

Schedule H.

 

 

Note: Private foundations may use Schedule H to request advance approval of individual grant procedures.

Form 1023 (Rev. 12-2017)

Form 1023 (Rev. 12-2017)

Name:

EIN:

Page 9

Part IX

Financial Data

 

 

For purposes of this schedule, years in existence refer to completed tax years.

1.If in existence less than 5 years, complete the statement for each year in existence and provide projections of your likely revenues and expenses based on a reasonable and good faith estimate of your future finances for a total of:

a.Three years of financial information if you have not completed one tax year, or

b.Four years of financial information if you have completed one tax year. See instructions.

2.If in existence 5 or more years, complete the schedule for the most recent 5 tax years. You will need to provide a separate statement that includes information about the most recent 5 tax years because the data table in Part IX has not been updated to provide for a 5th year. See instructions.

A.Statement of Revenues and Expenses

Revenues

Expenses

Type of revenue or expense

Current tax year

 

3 prior tax years or 2 succeeding tax years

 

 

 

 

 

 

 

 

(a) From

(b) From

(c) From

(d) From

(e) Provide Total for

 

To

To

To

To

(a) through (d)

1Gifts, grants, and contributions received (do not include unusual grants)

2Membership fees received

3Gross investment income

4Net unrelated business income

5Taxes levied for your benefit

6Value of services or facilities furnished by a governmental unit without charge (not including the value of services generally furnished to the public without charge)

7Any revenue not otherwise listed above or in lines 9–12 below (attach an itemized list)

8Total of lines 1 through 7

9Gross receipts from admissions, merchandise sold or services performed, or furnishing of facilities in any activity that is related to your exempt purposes (attach itemized list)

10Total of lines 8 and 9

11Net gain or loss on sale of capital assets (attach schedule and see instructions)

12Unusual grants

13Total Revenue

Add lines 10 through 12

14 Fundraising expenses

15Contributions, gifts, grants, and similar amounts paid out (attach an itemized list)

16Disbursements to or for the benefit of members (attach an itemized list)

17Compensation of officers, directors, and trustees

18 Other salaries and wages

19 Interest expense

20 Occupancy (rent, utilities, etc.)

21 Depreciation and depletion

22 Professional fees

23Any expense not otherwise classified, such as program services (attach itemized list)

24Total Expenses

Add lines 14 through 23

Form 1023 (Rev. 12-2017)

 

Form 1023 (Rev. 12-2017)

Name:

EIN:

 

 

Page 10

 

Part IX

Financial Data (Continued)

 

 

 

 

 

 

 

 

B. Balance Sheet (for your most recently completed tax year)

 

 

Year End:

 

 

 

 

 

Assets

 

 

(Whole dollars)

1

Cash

1

 

 

2

Accounts receivable, net

2

 

 

3

Inventories

3

 

 

4

Bonds and notes receivable (attach an itemized list)

4

 

 

5

Corporate stocks (attach an itemized list)

5

 

 

6

Loans receivable (attach an itemized list)

6

 

 

7

Other investments (attach an itemized list)

7

 

 

8

Depreciable and depletable assets (attach an itemized list)

8

 

 

9

Land

9

 

 

10

Other assets (attach an itemized list)

10

 

 

11

Total Assets (add lines 1 through 10)

11

 

 

 

 

 

 

Liabilities

 

 

 

 

12

Accounts payable

12

 

 

13

Contributions, gifts, grants, etc. payable

13

 

 

14

Mortgages and notes payable (attach an itemized list)

14

 

 

15

Other liabilities (attach an itemized list)

15

 

 

16

Total Liabilities (add lines 12 through 15)

16

 

 

 

 

 

 

Fund Balances or Net Assets

 

 

 

 

17

Total fund balances or net assets

17

 

 

18

Total Liabilities and Fund Balances or Net Assets (add lines 16 and 17)

18

 

 

 

19

Have there been any substantial changes in your assets or liabilities since the end of the period

 

Yes

No

 

 

shown above? If “Yes,” explain.

 

 

 

 

Part X Public Charity Status

Part X is designed to classify you as an organization that is either a private foundation or a public charity. Public charity status is a more favorable tax status than private foundation status. If you are a private foundation, Part X is designed to further determine whether you are a private operating foundation. See instructions.

 

1 a

Are you a private foundation? If “Yes,” go to line 1b. If “No,” go to line 5 and proceed as instructed. If you

Yes

No

 

 

are unsure, see the instructions.

 

 

 

b

As a private foundation, section 508(e) requires special provisions in your organizing document in

 

 

 

 

addition to those that apply to all organizations described in section 501(c)(3). Check the box to confirm

 

 

 

 

that your organizing document meets this requirement, whether by express provision or by reliance on

 

 

 

 

operation of state law. Attach a statement that describes specifically where your organizing document

 

 

 

 

meets this requirement, such as a reference to a particular article or section in your organizing document

 

 

 

 

or by operation of state law. See the instructions, including Appendix B, for information about the special

 

 

 

 

provisions that need to be contained in your organizing document. Go to line 2.

 

 

 

 

 

 

 

2

Are you a private operating foundation? To be a private operating foundation you must engage directly in

Yes

No

 

 

the active conduct of charitable, religious, educational, and similar activities, as opposed to indirectly

 

 

 

 

carrying out these activities by providing grants to individuals or other organizations. If “Yes,” go to line 3.

 

 

 

 

If “No,” go to the signature section of Part XI.

 

 

 

 

 

 

 

3

Have you existed for one or more years? If “Yes,” attach financial information showing that you are a

Yes

No

 

 

private operating foundation; go to the signature section of Part XI. If “No,” continue to line 4.

 

 

 

 

 

 

 

4

Have you attached either (1) an affidavit or opinion of counsel, (including a written affidavit or opinion

Yes

No

 

 

from a certified public accountant or accounting firm with expertise regarding this tax law matter), that

 

 

 

 

sets forth facts concerning your operations and support to demonstrate that you are likely to satisfy the

 

 

 

 

requirements to be classified as a private operating foundation; or (2) a statement describing your

 

 

 

 

proposed operations as a private operating foundation?

 

 

5If you answered “No” to line 1a, indicate the type of public charity status you are requesting by checking one of the choices below. You may check only one box.

The organization is not a private foundation because it is:

a 509(a)(1) and 170(b)(1)(A)(i)—a church or a convention or association of churches. Complete and attach Schedule A. b 509(a)(1) and 170(b)(1)(A)(ii)—a school. Complete and attach Schedule B.

c509(a)(1) and 170(b)(1)(A)(iii)—a hospital, a cooperative hospital service organization, or a medical research organization operated in conjunction with a hospital. Complete and attach Schedule C.

d 509(a)(3)—an organization supporting either one or more organizations described in line 5a through c, f, h, or i or a publicly supported section 501(c)(4), (5), or (6) organization. Complete and attach Schedule D.

Form 1023 (Rev. 12-2017)

Document Specs

Fact Number Description
1 The IRS Form 1023 is used by nonprofit organizations to apply for recognition of tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.
2 Organizations must typically file Form 1023 within 27 months from the end of the month in which they were organized to have their exemption recognized retroactively to the date of formation.
3 The form requires detailed information about the organization's structure, governance, and programs to demonstrate that it meets the criteria for tax-exemption.
4 An electronic version, Form 1023-EZ, is available for smaller organizations that meet certain eligibility requirements, simplifying the application process.
5 The filing fee for Form 1023 varies depending on the organization's gross receipts: the standard form has a higher fee than the streamlined Form 1023-EZ.
6 IRS review of Form 1023 can take several months, depending on the complexity of the organization's activities and the current backlog at the IRS.
7 Approval of Form 1023 results in a Determination Letter from the IRS, confirming the organization's tax-exempt status and eligibility to receive tax-deductible contributions.
8 If changes occur in an organization's structure or activities, it may need to inform the IRS to ensure its tax-exempt status remains in good standing.
9 State-specific forms or filings may also be required in addition to Form 1023 for tax-exempt status recognition at the state level, governed by state laws where the organization operates.

Instructions on Writing IRS 1023

After you've decided to take the big step of starting a nonprofit, one of your first tasks will be to apply for tax-exempt status with the Internal Revenue Service (IRS) using Form 1023. This form can seem daunting at first glance, but with careful preparation and attention to detail, you can successfully navigate through it. The process involves providing detailed information about your organization's history, activities, and finances. Once submitted, the IRS will review your application to determine if your organization meets the criteria for tax-exempt status. Here's how to fill out the Form 1023 to get your nonprofit up and running.

  1. Gather all necessary documents about your organization, including your articles of incorporation, bylaws, and financial statements.
  2. Visit the IRS website to download the latest version of Form 1023.
  3. Read the instructions for Form 1023 carefully before you begin filling it out. These instructions are updated regularly and will guide you through each part of the form.
  4. Complete the basic information about your organization, such as its name, address, Employer Identification Number (EIN), and the date of incorporation.
  5. Answer all questions regarding your organizational structure, including your mission statement and activities. Be thorough in describing how your organization meets the IRS requirements for tax-exempt status.
  6. Provide detailed financial data for the current year and projections for the next two years. This includes income, expenses, and any assets or liabilities.
  7. If applicable, fill out the sections that pertain to your organization's specific type, such as churches, schools, hospitals, or supporting organizations.
  8. Review your application for accuracy and completeness. Any missing or incorrect information can delay the review process.
  9. Attach all required supporting documents, such as your articles of incorporation, bylaws, and financial statements.
  10. Calculate and pay the application fee, which is based on your organization's gross receipts.
  11. Mail your completed Form 1023 to the address provided in the instructions.

Once you've mailed your Form 1023, the waiting game begins. The IRS may take a few months to process your application, during which they might reach out with questions or requests for additional information. Remember, patience and communication are key. Successfully obtaining tax-exempt status is a critical step for your nonprofit, opening the door for donations, grants, and other funding opportunities that are essential for your mission.

Understanding IRS 1023

What is the IRS 1023 form?

The IRS 1023 form is an application used by organizations seeking tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. This form is detailed and requires comprehensive information about the organization's structure, activities, and finances.

Who needs to file the IRS 1023 form?

Organizations aiming for tax-exempt status under 501(c)(3), including charities, educational institutions, religious organizations, and other non-profits, must file the IRS 1023 form. This form helps the IRS determine if the organization meets the tax-exempt criteria.

Are there different types of IRS 1023 forms?

Yes, there are two types: the standard Form 1023 and the Form 1023-EZ. The latter is a simpler, streamlined version designed for smaller organizations that meet specific eligibility criteria.

What are the eligibility requirements for filing Form 1023-EZ?

Organizations must meet several eligibility criteria to file Form 1023-EZ, such as having gross receipts of $50,000 or less and assets totaling $250,000 or less. There are also restrictions based on the nature and activities of the organization.

What information is required on the IRS 1023 form?

Applicants must provide detailed information, including the organization's legal name, EIN (Employer Identification Number), history, structure, narrative description of activities, bylaws, and financial data. The form also requires details on compensation, fundraising activities, and compliance with other IRS regulations.

How long does it take to process the IRS 1023 form?

The processing time varies. For Form 1023-EZ, decisions can come within weeks, while the standard Form 1023 may take several months. The IRS's current processing times can be found on their official website.

Is there a filing fee for the IRS 1023 form?

Yes, there is a filing fee, which varies depending on the form type. The standard Form 1023 has a higher fee compared to the streamlined Form 1023-EZ. The exact fees are subject to change, so it's important to check the IRS's website for the most current information.

Can I file the IRS 1023 form electronically?

Yes, the IRS encourages organizations to file the Form 1023 electronically, although paper filing is still an option. Form 1023-EZ must be filed electronically through the IRS website.

What happens if my IRS 1023 application is denied?

If your application is denied, the IRS will provide the reasons for the denial. Organizations have the opportunity to address the issues and submit additional information or appeal the decision within a specific timeframe.

Where can I find help with completing the IRS 1023 form?

Assistance with completing the IRS 1023 form can be found through various resources, including the instructions provided by the IRS, tax professionals, lawyers specializing in non-profit law, and some non-profit support organizations that offer guidance and workshops.

Common mistakes

Filling out the IRS 1023 form, which is used by nonprofit organizations seeking tax-exempt status, is a complex process fraught with potential pitfalls. One common mistake is the failure to provide detailed narratives of the organization's activities. Applicants often overlook the necessity of clearly explaining how their activities will further their exempt purposes, instead providing only vague descriptions. The IRS requires a comprehensive account of your operations to determine eligibility for tax-exempt status.

Another error lies in the financial data presentation. Many applicants either submit incomplete financial information or project unrealistic future budgets. It is crucial to provide complete financial records for the most recent fiscal year, along with projections for the next two years. These projections should be realistic, reflecting both anticipated revenue and expenses. This financial transparency is key to demonstrating the organization's capability to sustain its operations and fulfill its mission over time.

A further mistake is not correctly classifying the organization's type. The IRS recognizes various categories of 501(c)(3) organizations, each with specific qualifications and activities. Misidentifying your organization can lead to unnecessary delays or even denial of your application. It's important to thoroughly review the IRS guidelines to ensure accurate classification.

Misunderstanding the necessity of adopting conflict-of-interest policies is also a problem. The IRS expects tax-exempt organizations to have policies in place that minimize conflicts of interest, particularly in decision-making processes. Failure to adopt and present such policies within the application can be seen as a lack of proper governance, adversely affecting the application's success.

Applicants also frequently underestimate the importance of attaching all required schedules and attachments. Each part of the form, and any supplemental documentation, serves a purpose in illustrating the organization's eligibility for tax-exempt status. Overlooking or omitting required attachments can result in processing delays or a request for more information, stalling the approval process.

Another common oversight is failing to sign and date the form. This might seem trivial, but an unsigned or undated form is considered incomplete by the IRS and will be returned to the applicant. Such an oversight can significantly delay the application process.

Not applying for state-specific exemptions simultaneously is also a typical misstep. While the 1023 form pertains to federal tax-exempt status, most states have their own exemptions for which an organization may qualify. Ignoring these can lead to missed opportunities for state-level tax benefits.

Some organizations proceed with the filing without having the appropriate organizing documents in place or failing to ensure these documents meet the specific requirements set forth by the IRS. For instance, the organizing document must limit the organization's purposes to one or more exempt purposes and not explicitly empower the organization to engage in activities that do not further its exempt purposes.

Lastly, a significant mistake is the assumption that once tax-exempt status is granted, it does not require maintenance. Organizations must continue to comply with annual filing requirements and maintain operations within the scope of their stated exempt purposes. Failing to do so can result in the revocation of tax-exempt status.

Documents used along the form

When applying for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, organizations use IRS Form 1023. However, this critical step often involves more than just completing and submitting one form. To effectively navigate the application process, a variety of additional documents and forms are frequently required. Understanding these supplementary materials can significantly streamline the process, ensuring that organizations provide all necessary information to the IRS for a successful tax exemption application.

  • Articles of Incorporation: This document officially establishes the existence of an organization as a corporate entity in its state. It is a prerequisite for filing IRS Form 1023, as it contains vital information about the organization’s name, purpose, and governance structure.
  • Bylaws: Bylaws are the internal rules that govern the operation of the organization. They outline procedures for meetings, elections, and the roles of directors and officers. The IRS reviews these to understand how the organization will operate and ensure compliance with nonprofit governance standards.
  • Conflict of Interest Policy: A conflict of interest policy is crucial to nonprofit governance, preventing board members or staff from benefiting personally from their roles in the organization. This policy must be disclosed as part of the 1023 application process.
  • Financial Statements: Providing recent financial statements is required to give the IRS a clear view of the organization's financial activities. This includes a balance sheet, statement of activities (income statement), and functional expenses that outline past, current, and projected finances.
  • IRS Form 2848, Power of Attorney and Declaration of Representative: This form is necessary if the organization wishes to authorize an individual, such as an attorney or accountant, to represent it in matters related to its IRS Form 1023 application.
  • IRS Form 5768, Election/Revocation of Election by an Eligible Section 501(c)(3) Organization To Make Expenditures To Influence Legislation: Completion of Form 5768 is optional and allows 501(c)(3) organizations to choose whether or not they will engage in lobbying activities.
  • Written Narrative of Activities: This narrative provides a detailed description of the organization’s past, present, and planned activities. It should align with the charitable purpose outlined in the Articles of Incorporation and demonstrate the organization’s commitment to its exempt purpose.

Together, these documents form a comprehensive package that supports the IRS Form 1023 application. Each serves a specific purpose, from establishing legal incorporation to demonstrating compliance and operational governance, which are fundamental to obtaining and maintaining tax-exempt status. For organizations embarking on this journey, meticulous preparation and thorough documentation are the keys to success. By ensuring these complementary documents are in order, applicants can confidently navigate the application process toward achieving their goal of tax-exempt status.

Similar forms

The IRS 1023 form, required for organizations seeking tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, shares similarities with the IRS 1023-EZ form. The 1023-EZ form is a streamlined version of the 1023, designed for smaller organizations expecting to have less than $50,000 in annual gross receipts and assets totaling $250,000 or less. Both forms serve the same purpose: to allow organizations to apply for recognition of tax-exempt status. However, the 1023-EZ offers a simplified process, with fewer details required and a shorter processing time.

Another document similar to the IRS 1023 form is the IRS Form 990, which is the annual informational return that tax-exempt organizations must file. This form provides the IRS and the public with financial information about the nonprofit's operations, ensuring accountability and transparency. While the 1023 form is about obtaining tax-exempt status, the Form 990 is about maintaining that status by reporting annual financial data, including revenue, expenses, and compensation of key employees. Both forms are integral to the regulatory framework governing tax-exempt organizations.

The IRS Form 1024 is also akin to the 1023 form but is used by organizations seeking tax-exempt status under sections other than 501(c)(3). This includes various types of organizations such as social clubs (section 501(c)(7)), labor unions (section 501(c)(5)), and trade associations (section 501(c)(6)). While the 1023 form is specifically for charities, religious organizations, and educational institutions, the 1024 form caters to a broader range of organizations. Both forms require detailed information about the organization's structure, governance, and financial projections.

The state-level tax exemption application is another document that bears resemblance to the IRS 1023 form. Many states require tax-exempt organizations to file a separate application to be exempt from state income, sales, and property taxes. These applications vary by state but typically require information similar to what is provided in the 1023 form, such as the organization's purpose, activities, and financial data. The process of obtaining state-level tax exemption complements the federal exemption process, ensuring that organizations are recognized as tax-exempt at both the federal and state levels.

Dos and Don'ts

Filling out the IRS Form 1023 can seem daunting, but with careful attention to detail and a clear understanding of what's expected, you can navigate the process smoothly. To help, here is a list of do's and don'ts:

  • Do: Gather all necessary information before you start. This includes your organization's legal documents, financial statements, and a detailed description of activities.
  • Do: Be thorough and precise in your answers. Providing clear and concise information helps prevent delays in the processing of your application.
  • Do: Use the IRS's instructions for Form 1023 as a guide. These instructions are comprehensive and designed to help you complete the form accurately.
  • Do: Double-check your math and the information you provide for accuracy. Errors can significantly delay the approval process.
  • Do: Consider consulting with a tax professional or attorney who specializes in nonprofit law. They can provide valuable insight and help ensure you're filling out the form correctly.
  • Don't: Leave any sections blank unless the form specifically instructs you to do so. If a question doesn't apply, indicate this with "N/A" or "Not Applicable."
  • Don't: Rush through the form. Taking your time can help you avoid mistakes and omissions that could cause your application to be delayed or denied.
  • Don't: Ignore the supplemental schedules. Depending on your organization's activities, you may be required to complete additional schedules that are part of the application.
  • Don't: Forget to sign and date the form. An unsigned application will be automatically rejected.

By following these dos and don'ts, you'll be better equipped to complete the IRS Form 1023 correctly, increasing the likelihood of your organization gaining tax-exempt status without unnecessary delays.

Misconceptions

Filing for tax-exempt status in the United States involves submitting IRS Form 1023, and it's surrounded by a variety of misconceptions. Understanding these misconceptions is crucial for nonprofits aiming for tax-exempt status. Below are five common misunderstandings, clarified to assist in navigating this process more effectively.

  • Misconception 1: The 1023 form is only for large nonprofits. Small and medium-sized organizations also use Form 1023. It's designed for entities of all sizes seeking tax-exempt status under Section 501(c)(3) of the Internal Revenue Code, not just for large ones.
  • Misconception 2: Once you file Form 1023, your nonprofit is automatically tax-exempt. Filing Form 1023 is a critical step, but it's just part of the process. The IRS reviews each submission to ensure it meets the necessary criteria before granting tax-exempt status. This review process can take several months.
  • Misconception 3: You need an attorney to complete Form 1023. While having an attorney can help, especially with complex issues, many organizations successfully complete and submit Form 1023 on their own. There are resources and guides available to help with the process.
  • Misconception 4: Form 1023 and Form 1023-EZ are essentially the same. Form 1023-EZ is a streamlined version of Form 1023 and is designed for smaller nonprofits expecting to have $50,000 or less in annual gross receipts and assets not exceeding $250,000. It's not suitable for all organizations, and eligibility criteria must be carefully reviewed.
  • Misconception 5: The information on Form 1023 is private. Except for personal identifying information, the completed Form 1023 becomes a public document once tax-exempt status is approved. This means that most of the information submitted on the form, including financial details and organizational structure, is accessible by the public.

Key takeaways

The IRS 1023 form is essential for organizations seeking tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. Understanding the form's requirements and correctly completing it can significantly impact an organization's ability to obtain and maintain its tax-exempt status. Here are four key takeaways for organizations tackling this form:

  • The 1023 form is comprehensive, requiring detailed information about the organization’s structure, activities, finances, and governance. Preparation is key. Before filling out the form, gather all necessary documents and information regarding your organization's mission, activities, and financial records. This due diligence ensures accuracy and minimizes the risk of delays in the approval process.
  • Legal and financial terminology is prevalent throughout the form. It’s beneficial for organizations to seek advice from professionals specializing in tax law or nonprofit management. These experts can provide invaluable guidance, ensuring that the form is completed correctly and in compliance with IRS requirements.
  • The IRS scrutinizes the narrative description of activities section of the form closely. Organizations must clearly articulate their mission and detail their activities, demonstrating how they serve a public rather than a private interest. Making a compelling case for your organization's tax-exempt purpose is crucial to gaining approval.
  • Timely submission and follow-up are essential. After submitting the 1023 form, organizations should keep detailed records of their submission and any communications with the IRS. If additional information or clarification is requested, responding promptly will aid in the efficient processing of your application.

Successfully completing and submitting the IRS 1023 form is a critical step for organizations seeking 501(c)(3) status. While the process can be lengthy and requires attention to detail, the benefits of obtaining tax-exempt status are significant. Following these key takeaways can help streamline the process, setting your organization up for success.

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