[Mldxcc] Club tax exempt status web site

Rich rehill at ix.netcom.com
Fri Oct 22 10:47:42 PDT 2010


By the way, the section that ARRL has emphasized is paragraph (J) of the 
code I excerted  below:

     (j) Loss of Exempt Status for Failure To File Return or Notice.--
             (1) <<NOTE: Revocation.>> In general.--If an organization
         described in subsection (a)(1) or (i) fails to file an annual
         return or notice required under either subsection for 3
         consecutive years, such organization's status as an organization
         exempt from tax under section 501(a) shall be considered revoked
         on and after the date set by the Secretary for the filing of the
         third annual return or notice. <<NOTE: Publication. Records.>> The
         Secretary shall publish and maintain a list of any organization 
the
         status of which is so revoked.
             (2) Application necessary for reinstatement.--Any
         organization the tax-exempt status of which is revoked under
         paragraph (1) must apply in order to obtain reinstatement of
         such status regardless of whether such organization was
         originally required to make such an application.
             (3) _Retroactive reinstatement if reasonable cause shown
         for failure_.--If, upon application for reinstatement of status
         as an organization exempt from tax under section 501(a), an
         organization described in paragraph (1) can show to the
         satisfaction of the Secretary evidence of reasonable cause
         for the failure described in such paragraph, the organization's
         exempt status may, in the discretion of the Secretary, be
         reinstated effective from the date of the revocation under such
         paragraph.

Rich
NU6T

On 10/22/2010 10:21 AM, Rich wrote:
> We -may- need to address this issue.  It looks to me that we may need to
> file for tax exempt status and file an annual e-notice.  It can be filed
> for free through the Urban Institute non-profit tax reporting system--if
> necessary.  We may be exempt due to a less than $5,000 annual budget. _I
> don't trust web search tax advice<grin>. _
>
> Info on the web is limited, but the following may be of interest:
>
> http://www.eham.net/ehamforum/smf/index.php/topic,71233.0.html
> List of Florida and Illinois amateur radio clubs in danger of losing tax
> exempt status...it appears that many clubs did of do have tax exempt
> status.
>
> http://www.arrl.org/news/many-radio-clubs-could-lose-tax-exempt-status-in-2010
> *ARRL information*
> http://www.dirtypawwebsites.com/tax-exempt/ THIS MAY BE OUT DATED
> INFORMATION.
>
>      Limitations of This Document
>
>      This document addresses both non-tax-deductible non-profit
>      organizations, and tax-deductible non-profit 501(c)(3)
>      organizations, but only those which meet the following criteria:
>
>          1.  Non-tax-deductible non-profit organizations with gross
>          annual receipts normally not more than $25,000.
>
>          2.  Tax-deductible non-profit 501(c)(3) organizations with gross
>          annual receipts normally not more than $5,000.
>
>      You'll have to check with your state about state requirements. But
>      if your club or rescue meets the above criteria, you'll find the IRS
>      requirements very simple. Namely:
>
>          1.  You don't have to file paperwork with the IRS to establish
>          your tax-exempt status.
>
>          2.  You don't have to file annual tax returns; only a simple,
>          on-line form each year.
>
>      Organizations with greater income will have more complex filing
>      requirements, and should refer to the IRS resources listed below for
>      further information.
>
>      Disclaimer:  Do not take any of the information contained in this
>      document as advice. This document is only to be used as a learning
>      tool, and no guarantee whatsoever is made about its accuracy.
>
>
>
> http://www.taxalmanac.org/index.php/Internal_Revenue_Code:Sec._6033._Returns_by_exempt_organizations
> *IRS TAX Code*
>
>
>
> I think the key legal issue is whether we normally have an annual budget
> above $5,000.  See:
>
> TITLE 26 - INTERNAL REVENUE CODE Subtitle F - Procedure and
> Administration CHAPTER 61 - INFORMATION AND RETURNS Subchapter A -
> Returns and Records PART III - INFORMATION RETURNS Subpart A -
> Information Concerning Persons Subject to Special Provisions
>
> Sec. 6033. Returns by exempt organizations (a) Organizations required to
> file (1) In general Except as provided in paragraph (3), _every
> organization exempt from taxation under section 501(a) shall file an
> annual return_, stating specifically the items of gross income,
> receipts, and disbursements, and such other information for the purpose
> of carrying out the internal revenue laws as the Secretary may by forms
> or regulations prescribe, and shall keep such records, render under oath
> such statements, make such other returns, and comply with such rules and
> regulations as the Secretary may from time to time prescribe; except
> that, in the discretion of the Secretary, any organization described in
> section 401(a) may be relieved from stating in its return any
> information which is reported in returns filed by the employer which
> established such organization.
>
> (2)<snip>
>
> (3) _Exceptions from filing _
>
>         (A) Mandatory exceptions
>              Paragraph (1) shall not apply to -<snip>
>
>           (ii) any organization (other than a private foundation, as
>      defined in section 509(a)) described in subparagraph _(C), the gross
>      receipts of which in each taxable year are normally not more than
>      $5,000, or _<snip>
>
>
> A professional may have a different understanding....I'm not a tax
> professional.
>
> Rich
> NU6T
>
>
> On 10/22/2010 9:28 AM, Rich wrote:
>> I doubt that we have a tax exempt status, and doubt that anyone filed
>> for non-profit status.  I suppose the real question is whether we have
>> to file an annual tax return.  Our treasury (OK, piggy bank) is small
>> enough I doubt we have to pay taxes, but we may have to file some
>> paperwork.  If so, what?  I thought Jim Venneman was looking into that?
>>
>> We are not on the IRS list of entities that are in danger of losing
>> tax-exempt status.
>>
>> Rich
>> NU6T
>>
>> On 10/22/2010 9:17 AM, Dick Wilson wrote:
>>> So...IMO, the next question is, did MLDXCC ever apply for or receive
>>> tax-exempt status as described?
>>> I have been a more or less active member for the past ten years. I do
>>> not recall even discussing this matter other than maybe touching on this
>>> item at a meeting.
>>> There is no mention in by-laws
>>> Ken&    Kay, Ray, Dennis, for instance, have been members longer than I. What
>>> say, people??
>>>
>>> Dick
>>>
>>> On 10/22/2010 8:57 AM, Richard (Rick) Karlquist wrote:
>>>> See:
>>>>
>>>> http://www.irs.gov/charities/article/0,,id=227435,00.html
>>>>
>>>> Rick N6RK
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