Tuesday, July 1, 2014

IRS Issues Form 1023-EZ Rules Limiting Eligibility to Smaller (Financially) Organizations

Form 1023-ezThe IRS today issued rules governing use of the recently proposed Form 1023-EZ.  As detailed in the instructions for this form, an organization must answer "No" to all three of the following questions relating to financial size in order to be eligible to use this shortened application form:

1.  Do you project that your annual gross receipts will exceed $50,000 in any of the next 3 years?

2.  Have your annual gross receipts exceeded $50,000 in any of the past 3 years?

3.  Do you have total assets in excess of $250,000?

The instructions also provide 23 other questions relating to the characteristics of the applying organization (such as whether the organization is a church, school, hospital, or supporting organization), that also all have to be answered "No" for the organization to be eligible to use the Form 1023-EZ.  More information about the new form is available from the IRS here, including how to obtain a copy of the form.

The IRS also issued final and temporary regulations, with the temporary regulations also serving a proposed regulations, governing which organizations are eligible to use the streamlined application process for recognition of tax-exempt status under section 501(c)(3) provided by Form 1023. Finally, the IRS issued Revenue Procedure 2014-40, which "sets forth procedures for applying for and for issuing determination letters on the exempt status under § 501(c)(3) of the Internal Revenue Code (Code) using Form 1023-EZ, Streamlined Application for Recognition of Exemption under Section 501(c)(3) of the Internal Revenue Code.  This revenue procedure is generally available for certain U.S. organizations with assets of $250,000 or less and annual gross receipts of $50,000 or less."  

Lloyd Mayer

http://lawprofessors.typepad.com/nonprofit/2014/07/irs-issues-form-1023-ez-rules-limiting-eligibility-to-smaller-financially-organizations.html

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