Instructions For Form 1023-EZ (Rev. August 2015) - IRS Tax Forms

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Instructions for Form1023-EZDepartment of the TreasuryInternal Revenue Service(Rev. August 2015)Streamlined Application for Recognition of Exemption Under Section 501(c)(3) ofthe Internal Revenue CodeSection references are to the Internal Revenue Code unlessotherwise noted.ContentsPageGeneral Instructions . . . . . . . . . . . . . . . . . . . .Purpose of Form . . . . . . . . . . . . . . . . . . .Who Can File This Form . . . . . . . . . . . . . .How To File . . . . . . . . . . . . . . . . . . . . . . .User Fee . . . . . . . . . . . . . . . . . . . . . . . . .When To File (Effective Date of Exemption)Filing Assistance . . . . . . . . . . . . . . . . . . .Signature Requirements . . . . . . . . . . . . . .Annual Filing Requirements . . . . . . . . . . . .Public Inspection . . . . . . . . . . . . . . . . . . .State Registration Requirements . . . . . . . .Specific Instructions . . . . . . . . . . . . . . . . . . . .Part I. Identification of Applicant . . . . . . . . .Part II. Organizational Structure . . . . . . . . .Part III. Your Specific Activities . . . . . . . . . .Part IV. Foundation Classification . . . . . . . .Part V. Reinstatement After AutomaticRevocation . . . . . . . . . . . . . . . . . . . . . .Part VI. Signature . . . . . . . . . . . . . . . . . . .Form 1023-EZ Eligibility Worksheet (Must becompleted prior to completing Form1023-EZ) . . . . . . . . . . . . . . . . . . . . . . . .National Taxonomy of Exempt Entities (NTEE)Codes. . . . . . . . . . . . . . . . . . . . . . . . . . . .Future Developments.1111222222233358. . . . 10. . . . 10. . . . 11. . . . 18For the latest information about developments related to Form1023-EZ and its instructions, such as legislation enacted afterthey were published, go to www.irs.gov/form1023.ReminderDo not include social security numbers on publiclydisclosed forms. Because the IRS is required to discloseapproved exemption applications and information returns,exempt organizations should not include social security numberson these forms. Documents subject to disclosure includecorrespondence with the IRS about the filing.Photographs of Missing ChildrenThe Internal Revenue Service is a proud partner with theNational Center for Missing and Exploited Children.Photographs of missing children selected by the Center mayappear in instructions on pages that would otherwise beblank.You can help bring these children home by looking at thephotographs and calling 1-800-THE-LOST (1-800-843-5678) ifyou recognize a child.Jul 13, 2015Email SubscriptionThe IRS has established a subscription-based email service fortax professionals and representatives of tax-exemptorganizations. Subscribers will receive periodic updates from theIRS regarding exempt organization tax law and regulations,available services, and other information. To subscribe, visitwww.irs.gov/charities.General Instructions“You” and “Us”. Throughout these instructions and Form1023-EZ, the terms “you” and “your” refer to the organization thatis applying for tax-exempt status. The terms “us” and “we” referto the Internal Revenue Service.Purpose of FormForm 1023-EZ is the streamlined version of Form 1023,Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. Any organization may fileForm 1023 to apply for recognition of exemption from federalincome tax under section 501(c)(3). Only certain organizationsare eligible to file Form 1023-EZ (see Who Can File This Formbelow).Note. Most organizations seeking exemption from federalincome tax under section 501(c)(3) are required to complete andsubmit an application. However, the following types oforganizations may be considered tax exempt under section501(c)(3) even if they do not file Form 1023 or Form 1023-EZ.Churches, including synagogues, temples, and mosques.Integrated auxiliaries of churches and conventions orassociations of churches.Any organization that has gross receipts in each taxableyear of normally not more than 5,000.Who Can File This FormOnly certain organizations are eligible to apply for exemptionunder section 501(c)(3) using Form 1023-EZ. To determine ifyou are eligible to file Form 1023-EZ, you must complete theForm 1023-EZ Eligibility Worksheet.If you answer “Yes” to any of the worksheet questions,you are not eligible to apply for exemption under sectionCAUTION501(c)(3) using Form 1023-EZ. You must apply onForm 1023. If you answer “No” to all of the worksheet questions,you may apply using Form 1023-EZ.!TIPBefore completing either Form 1023 or Form 1023-EZ,we recommend reading “Life Cycle of an ExemptOrganization” at www.irs.gov/charities.How To FileThe Form 1023-EZ can only be filed electronically by going towww.irs.gov/form1023 or www.pay.gov (enter the term “Form1023-EZ” in the search box). We will not accept printed copysubmissions of the application.Cat. No. 66268Y

TIPPublication 1828, Tax Guide for Churches and ReligiousOrganizationsPublication 3079, Tax-Exempt Organizations and GamingPublication 3833, Disaster Relief: Providing AssistanceThrough Charitable OrganizationsPublication 4220, Applying for 501(c)(3) Tax-Exempt StatusPublication 4221, Compliance Guide for 501(c)(3) TaxExempt OrganizationsWe recommend you preview and print a copy of yourapplication for your records before submitting itelectronically.User FeeA user fee of 400 is required to process your application. Thisfee must be paid through www.pay.gov when you file yourapplication. Payments can be made directly from your bankaccount or by credit/debit card.Signature RequirementsWhen To File (Effective Date ofExemption)An officer, director, or trustee listed in Part I, line 8, who isauthorized to sign for the organization must sign Form 1023-EZ.The signature must be accompanied by the title or authority ofthe signer and the date.Generally, if you file Form 1023-EZ within 27 months after theend of the month in which you were legally formed, and weapprove the application, the legal date of formation will be theeffective date of your exempt status.Annual Filing RequirementsGenerally, an organization that qualifies for exemption undersection 501(c)(3) is required to file an annual return inaccordance with section 6033(a). However, an eligibleorganization, other than a private foundation, that normally hasgross receipts of less than 50,000 is not required to file anannual return, but must furnish notice on Form 990-N(e-Postcard) providing the information required by section6033(i). See Rev. Proc. 2011-15, 2011-3 I.R.B. 322.If you do not file Form 1023-EZ within 27 months of formation,the effective date of your exempt status will be the date you filedForm 1023-EZ (submission date).If you do not file Form 1023-EZ within 27 months of formation,and you believe you qualify for an earlier effective date than thesubmission date, you can request the earlier date by sendingcorrespondence to the address below. The correspondenceshould include your name, employer identification number (EIN),the effective date you are requesting, an explanation of why theearlier date is warranted, and any supporting documents. Thiscorrespondence should be sent after you receive yourDetermination Letter. Alternatively, you may complete Form1023 in its entirety instead of completing Form 1023-EZ.An organization that is required to file a Form 990-seriesannual information return or submit an annual electronic notice,Form 990-N, must do so even if its application for recognition ofexemption has not been filed or has been filed but not yetapproved.If an annual information return or tax return is due while theForm 1023-EZ is pending, complete the return, check the“Application pending” box in the heading, and send the return tothe address indicated in the instructions.Note. If you have been automatically revoked and are seekingretroactive reinstatement, see Part V. Reinstatement AfterAutomatic Revocation of these instructions.If an annual electronic notice, Form 990-N, is due while theForm 1023-EZ is pending, the organization may need to contactthe IRS at 1-877-829-5500 and ask for an account to beestablished for the organization so that it may file the notice.Send effective date correspondence to:Internal Revenue ServiceExempt Organizations DeterminationsRoom 4024P.O. Box 2508Cincinnati, OH 45201Information on annual information return and electronic noticefiling requirements and exceptions to the filing requirements maybe found in Publication 557 and at www.irs.gov/charities.If you believe you meet an exception to filing Form 990,Return of Organization Exempt From Income Tax; Form 990-EZ,Short Form Return of Organization Exempt From Income Tax; orForm 990-N, then you may request IRS recognition of thisexception by filing Form 8940, Request for MiscellaneousDetermination. A user fee must accompany the form.Alternatively, you may complete Form 1023 in its entirety insteadof completing Form 1023-EZ.Application processSubmitting this application does not guarantee exemption will berecognized. If your application is incomplete or not completedcorrectly, it may be rejected. In addition, you may be contactedfor additional information. Also, the IRS will select a statisticallyvalid random sample of applications for pre-determinationreviews, which may also result in requests for additionalinformation.Note. You do not need to notify the IRS that you are exceptedfrom the annual filing requirement under section 6033(a) if yourbasis for the exception is that you are not a private foundation,your gross receipts are normally less than 50,000, and you arefiling Form 990-N.Filing AssistanceFor help in completing this form or general questions relating toan exempt organization, call Exempt Organization CustomerAccount Services toll free at 1-877-829-5500. You may alsoaccess information on our website at www.irs.gov/charities.Public InspectionThe following publications are available to you for furtherinformation.Publication 517, Social Security and Other Information forMembers of the Clergy and Religious WorkersPublication 526, Charitable ContributionsPublication 557, Tax-Exempt Status for Your OrganizationPublication 598, Tax on Unrelated Business Income ofExempt OrganizationsPublication 1771, Charitable Contributions–Substantiationand Disclosure RequirementsInformation available for public inspection. If we approveexempt status under section 501(c)(3), both you and the IRSmust make your application and related documents available forpublic inspection. For more information, please go towww.irs.gov/Charities- -and-Availability-Requirements.State Registration RequirementsTax exemption under section 501(c)(3) is a matter of federal law.After receiving federal tax exemption, you may also be required-2-Form 1023-EZ Instructions

to register with one or more states to solicit contributions or toobtain exemption from state taxes. The National Association ofState Charity Officials (NASCO) maintains a website thatprovides informational links to the various states for thesepurposes. It can be accessed at www.nasconet.org.Line 4. Person to contact if more information is needed.Enter the name and title of the person to contact if moreinformation is needed. The person to contact may be an officer,director, trustee, or other individual who is permitted to speakwith us according to your bylaws or other rules of operation.Your person to contact may also be an “authorizedrepresentative,” such as an attorney, certified public accountant(CPA), or enrolled agent (EA).Donor Reliance on a FavorableDeterminationGenerally, donors and contributors may rely on an organization’sfavorable Determination Letter under section 501(c)(3) until theIRS publishes notice of a change in status, unless the donor orcontributor was responsible for or aware of the act or failure toact that results in the revocation of the organization’sDetermination Letter. See Rev. Proc. 2011-33, 2011-25 I.R.B.887.Note. We will request a Form 2848, Power of Attorney andDeclaration of Representative, if we need to contact anauthorized representative for additional information.Line 5. Contact telephone number. Provide a daytimetelephone number for the contact listed on line 4.Line 6. Fax number. Provide a fax number for the contactlisted on line 4.Specific InstructionsLine 7. User fee submitted. Enter the user fee amount paid.(The current user fee is 400.)Before completing the Form 1023-EZ, you must complete theForm 1023-EZ Eligibility Worksheet. If you meet the eligibilityrequirements, you must check the box at the top of Form1023-EZ to attest that you are eligible to file the form. Bychecking the box, you are also attesting that you have read andunderstand the requirements to be exempt under section 501(c)(3). You are not required to submit the eligibility worksheet withyour form. However, you should retain the worksheet for yourrecords.Line 8. List the names, titles, and mailing addresses ofyour officers, directors, and/or trustees. Enter the fullnames, titles, and mailing addresses of your officers, directors,and/or trustees. You may use the organization's address formailing. If you have more than five, list only five in the orderbelow.1. President or chief executive officer or chief operating officer.2. Treasurer or chief financial officer.Part I. Identification of Applicant3. Chairperson of the governing body.Line 1a. Full name of organization. Enter your completename exactly as it appears in your organizing document,including amendments.4. Any officers, directors, and trustees who are substantialcontributors (not already listed above).5. Any other officers, directors, and trustees who are related toa substantial contributor (not already listed above).Line 1b – 1e. Mailing address. Enter your complete addresswhere all correspondence will be sent. If mail is not delivered tothe street address and you have a P.O. box, enter your boxnumber instead of the street address.6. Voting members of the governing body (not already listedabove).7. Officers (not already listed above).Line 2. Employer identification number (EIN). Enter thenine-digit EIN assigned to you.!If an individual serves in more than one office (for example,as both an officer and director), list this individual on only oneline and list all offices held.An officer is a person elected or appointed to manage theorganization’s daily operations, such as president, vicepresident, secretary, treasurer, and, in some cases, board chair.The officers of an organization are determined by reference to itsorganizing document, bylaws, or resolutions of its governingbody, or otherwise designated consistent with state law.A director or trustee is a member of the organization’sgoverning body, but only if the member has voting rights.You will not be able to submit this application until youhave obtained an EIN.CAUTIONAn EIN is required regardless of whether you haveemployees. If you need an EIN, you may apply online atwww.irs.gov/Businesses/Small-Businesses- on-Number-(EIN)-Online, oryou can apply for one by:1. Mailing Form SS-4 to the IRS at the address provided in theInstructions for Form SS-4.Line 9a. Organization’s website. Enter your current websiteaddress, as of the date of filing this application. If you do notmaintain a website, enter “N/A” (not applicable).2. Faxing Form SS-4 to the fax number provided in theInstructions for Form SS-4.You can access Form SS-4 online at www.irs.gov, or to orderIRS tax forms and publications go to www.irs.gov/orderforms. Ifyou previously applied for an EIN and have not yet received it, oryou are unsure whether you have an EIN, please call our toll-freecustomer account services number, 1-877-829-5500, forassistance.Line 9b. Organization’s email. Enter your email address toreceive educational information from us in the future. Because ofsecurity concerns, we cannot send confidential information viaemail.Part II. Organizational StructureLine 3. Month tax year ends (01-12). Enter the month thatyour tax year (annual accounting period) ends, using a two-digitnumber format. For example, if your annual accounting periodends December 31, enter “12.” Your annual accounting period isthe 12-month period on which your annual financial records arebased. Your first tax year could be less than 12 months. Checkyour bylaws or other rules of operation for consistency with theannual accounting period entered on line 3.Form 1023-EZ InstructionsLine 1. Entity type. Only certain corporations, unincorporatedassociations, and trusts are eligible for tax-exempt status undersection 501(c)(3) of the Code. Sole proprietorships,partnerships, and loosely affiliated groups of individuals are noteligible. Check the appropriate box to indicate whether you are acorporation, an association, or a trust.-3-

New York, but incorporated under Massachusetts law, enterMassachusetts.Note. Even though certain limited liability companies (LLCs) areeligible to receive exemption under section 501(c)(3), they arenot eligible to apply for exemption using this form.Corporation. A “corporation” is an entity organized under afederal or state statute, or a statute of a federally recognizedIndian tribal or Alaskan native government. A corporation’sorganizing document is generally referred to as its “articles ofincorporation.” A corporation must be incorporated under thenon-profit or non-stock laws of the jurisdiction in which itincorporates.Unincorporated association. An “unincorporatedassociation” formed under state law must have at least twomembers who have signed a written document for a specificallydefined purpose.Trust. A trust may be formed by a trust agreement or adeclaration of trust. A trust may also be formed through a will.Line 5. Purpose(s) clause. Your organizing document mustlimit your purposes to those described in section 501(c)(3).Those purposes are: charitable, religious, educational, scientific,literary, testing for public safety, fostering national orinternational amateur sports competition, and preventing crueltyto children or animals. See discussion of these purposes underPart III, line 2 of these instructions.If your purposes are limited by referring to section 501(c)(3),your organizing document also properly limits your purposes.For example, the phrase “relief of the elderly within the meaningof section 501(c)(3)” in your organizing document also properlylimits your purposes.However, if the purposes listed in your organizing documentare broader than those listed in section 501(c)(3), you shouldamend your organizing document before applying for recognitionof exemption. A reference to section 501(c)(3) will not ensurethat your purposes are limited to those described in section501(c)(3). All of the language in your organizing document mustbe considered. The following is an example of an acceptablepurpose clause:The organization is organized exclusively for charitable,religious, educational, and scientific purposes under section501(c)(3) of the Internal Revenue Code, or correspondingsection of any future federal tax code.See Publication 557 for further information and examples ofhow to limit your purposes.Line 2. Necessary organizing document. See below for yourorganization type.Corporation. If incorporated under a federal, state, orfederally recognized Indian tribal or Alaskan native governmentstatute, you have a “necessary organizing document” if yourorganizing document shows certification of filing. This meansyour organizing document shows evidence that on a specificdate it was filed with and approved by an appropriate stateauthority.Unincorporated association. In order to be a “necessaryorganizing document,” your articles of organization must includeyour name, your purpose(s), the date the document wasadopted, and the signatures of at least two individuals.Bylaws may be considered an organizing document only ifthey are properly structured to include your name, purpose(s),signatures, and intent to form an organization.Trust. In order for your trust agreement or declaration of trustto be a “necessary organizing document,” it must containappropriate signature(s) and show the exact date it was formed.Line 6. Activities not in furtherance of exempt purposes.Your organizing document must not expressly empower you toengage, otherwise than as an insubstantial part of your activities,in activities that in themselves are not in furtherance of one ormore exempt purposes described in section 501(c)(3). In otherwords, you are not organized exclusively for one or more exemptpurposes if your organizing documents expressly empower youto carry on activities that further purposes outside the scope ofsection 501(c)(3), such as “to engage in the operation of a socialclub” or “to engage in a manufacturing business,” regardless ofthe fact that your organizing document may state that you arecreated for “charitable purposes within the meaning of section501(c)(3) of the Code.”Further, your net earnings must not inure to the benefit ofprivate shareholders or individuals. You must establish that youwill not be organized or operated for the benefit of privateinterests, such as the creator or the creator's family,shareholders of the organization, other designated individuals,or persons controlled directly or indirectly by such privateinterests. Also, you must not, as a substantial part of youractivities, attempt to influence legislation (however, eligibleorganizations may elect an expenditure limit instead of the “nosubstantial part” limit), and you are prohibited from participatingto any extent in a political campaign for or against any candidatefor public office.The following is an example of an acceptable clause:No part of the net earnings of the corporation shall inure tothe benefit of, or be distributable to its members, trustees,officers, or other private persons, except that the corporationshall be authorized and empowered to pay reasonablecompensation for services rendered and to make payments anddistributions in furtherance of the purposes described in section501(c)(3). No substantial part of the activities of the corporationshall be the carrying on of propaganda, or otherwise attemptingto influence legislation, and the corporation shall not participatein, or intervene in (including the publishing or distribution ofstatements) any political campaign on behalf of or in oppositionto any candidate for public office. Notwithstanding any otherprovision of these articles, the corporation shall not carry on anyLine 3. Formation date. See below for your organization type.Corporation. If you are a corporation, you should enter thedate that the appropriate authority filed your articles ofincorporation or other organizing document.Unincorporated association. If you are an unincorporatedassociation, you should enter the date that your organizingdocument was adopted by the signatures of at least twoindividuals.Trust. If your trust was formed by a trust agreement or adeclaration of trust and does not provide for distributions tonon-charitable interests, enter the date the trust was funded.Generally, a trust must be funded with property, such as money,real estate, or personal property, to be legally created.If your trust document provides for distributions fornon-charitable interests, enter the date on which these interestsexpired. If your trust agreement continues to provide fornon-charitable interests, you will not qualify for tax-exemptstatus.If you were formed by a will, enter the date of death of thetestator or the date any non-charitable interests expired,whichever is later.Note. If you amended your organizational documents to complywith the requirements of section 501(c)(3), enter the date ofamendment, unless the amendment was nonsubstantive withinthe meaning of Rev. Proc. 2015-5.Line 4. State of formation. Enter the jurisdiction (for instance,the state or the federally recognized tribal government) underthe laws of which you were incorporated or otherwise formed. Ifyou are a corporation, this may not be the place in which you arephysically located. For example, if you are physically located in-4-Form 1023-EZ Instructions

Part III. Your Specific Activitiesother activities not permitted to be carried on (a) by a corporationexempt from federal income tax under section 501(c)(3) of theInternal Revenue Code, or the corresponding section of anyfuture federal tax code, or (b) by a corporation, contributions towhich are deductible under section 170(c)(2) of the InternalRevenue Code, or the corresponding section of any futurefederal tax code.See Publication 557 for further information and examples ofacceptable language that expressly limits you to engage inactivities in furtherance of one or more exempt purposesdescribed in section 501(c)(3).Consider your past, present, and planned activities whenresponding to these questions.Line 1. National Taxonomy of Exempt Entities (NTEE)code. An NTEE code is a three-character series of letters andnumbers that generally summarize an organization’s purpose.Enter the code that best describes your organization from the listof NTEE codes, later, in these instructions. For more informationand more detailed definitions of these codes developed by theNational Center for Charitable Statistics (NCCS), visit the UrbanInstitute, NCCS website at www.nccsdataweb.urban.org.See the instructions for Part III, later, for moreinformation on activities that exclusively further one ormore exempt purposes, and certain activities that areprohibited or restricted for organizations exempt from federalincome tax under section 501(c)(3).Note. NTEE codes are also used for purposes other thanidentification of organizations described in section 501(c)(3).Therefore, all codes in the list do not necessarily describe a501(c)(3) purpose. Selecting the appropriate NTEE code isimportant as some donors use the codes to identify potentialrecipients of grants.TIPLine 7. Dissolution clause. Your organizing document mustpermanently dedicate your assets for a section 501(c)(3)purpose. This means that if you dissolve your organization in thefuture, your assets must be distributed for an exempt purposedescribed in section 501(c)(3), or to the federal government, orto a state or local government, for a public purpose.If your organizing document states that your assets would bedistributed to members or private individuals or for any purposeother than those provided in section 501(c)(3), you must amendyour organizing document to remove such statements beforeyou apply for recognition of exemption.The following is an example of an acceptable dissolutionclause:Upon the dissolution of this organization, assets shall bedistributed for one or more exempt purposes within the meaningof section 501(c)(3) of the Internal Revenue Code, orcorresponding section of any future federal tax code, or shall bedistributed to the federal government, or to a state or localgovernment, for a public purpose.Naming a specific organization or organizations to receiveyour assets upon dissolution will be acceptable only if yourarticles state that the specific organization(s) must be exemptunder section 501(c)(3) at the time your dissolution takes placeand your organizing document provides for distribution for one ormore exempt purposes within the meaning of section 501(c)(3) ifthe specific organization(s) are not exempt.See Publication 557 for further information and examples ofacceptable language for dedication of assets upon dissolution inyour organizing document.Operation of state law. The laws of certain states providefor the distribution of assets upon dissolution. Therefore, specificwritten language regarding distribution of assets upondissolution may not be needed in the organizing documents ofexempt organizations organized in those states. Organizationsthat are organized in these cy pres states should be aware oftheir specific state requirements. Operation of state law is basedon Rev. Proc. 82-2, 1982-1 C.B. 367.Line 2. Exempt purposes. In order to qualify for exemption asan organization described in section 501(c)(3), you must beorganized and operated exclusively for one or more of thefollowing purposes: charitable, religious, educational, scientific,literary, testing for public safety, fostering national orinternational amateur sports competition, or preventing cruelty tochildren or animals. An organization is not regarded as beingorganized and operated exclusively for exempt purposes if morethan an insubstantial part of its activities is not in furtherance ofan exempt purpose. For more information, see Publication 557.Note. An organization does not qualify for exemption as anorganization described in section 501(c)(3) if its purposes areillegal or contrary to public policy. See Rev. Rul. 71-447, 1971-2C.B. 230 (a private school that does not have a raciallynondiscriminatory policy as to students does not qualify forexemption). Furthermore, an organization operated for theprimary purpose of carrying on a trade or business for profit shallnot be exempt from taxation under section 501(c)(3), even if allof its profits are payable to one or more organizations exemptfrom taxation under section 501.Charitable. The generally accepted legal definition of“charitable” includes relief of the poor, the distressed, or theunderprivileged; advancement of religion; advancement ofeducation or science; erecting or maintaining public buildings,monuments, or works; lessening the burdens of government;lessening neighborhood tensions; eliminating prejudice anddiscrimination; defending human and civil rights secured by law;and combating community deterioration and juveniledelinquency.Religious. To determine whether an organization meets thereligious purposes test of section 501(c)(3), the IRS maintainstwo basic guidelines.1. That the particular religious beliefs of the organization aretruly and sincerely held. If

Note. Most organizations seeking exemption from federal income tax under section 501(c)(3) are required to complete and submit an application. However, the following types of organizations may be considered tax exempt under section 501(c)(3) even if they do not file Form 1023 or Form 1023-EZ. Churches, including synagogues, temples, and mosques.