Blank IRS 1023 PDF Form

Blank IRS 1023 PDF Form

The IRS 1023 form is a crucial document that organizations must complete to apply for tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. This form provides the Internal Revenue Service with essential information about the organization’s structure, purpose, and activities. For those looking to establish a nonprofit, understanding and accurately filling out this form is a vital step in the process.

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When seeking tax-exempt status for a nonprofit organization, the IRS Form 1023 plays a crucial role in the application process. This comprehensive form requires detailed information about the organization's structure, purpose, and activities. Applicants must clearly outline their mission and how it aligns with the requirements set forth by the Internal Revenue Service. Additionally, financial data, including budgets and funding sources, must be provided to demonstrate sustainability and compliance. The form also necessitates information about governance, including the board of directors and their responsibilities. Understanding the nuances of Form 1023 is essential for any organization aiming to secure tax-exempt status, as inaccuracies or omissions can lead to delays or denials. Properly completing this form not only facilitates the application process but also lays the groundwork for transparent and effective operations in the future.

Document Sample

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)

File Specifics

Fact Name Description
Purpose The IRS Form 1023 is used to apply for recognition of exemption from federal income tax under Section 501(c)(3) of the Internal Revenue Code.
Eligibility Organizations must be organized and operated exclusively for charitable, religious, educational, scientific, or literary purposes to qualify.
Filing Requirement Most organizations must file Form 1023 within 27 months of formation to receive retroactive tax-exempt status.
Application Fee A user fee is required when submitting Form 1023, and the amount varies based on the organization’s projected revenue.
State-Specific Forms Some states require additional forms or registrations for tax-exempt status. For example, California requires Form 3500.
Supporting Documents Organizations must include various documents, such as articles of incorporation and bylaws, with their application.
Processing Time The IRS typically takes 3 to 6 months to process Form 1023, though times can vary based on the volume of applications.
Public Disclosure Approved organizations must make their Form 1023 and other related documents available for public inspection.
Common Reasons for Denial Incomplete applications, failure to meet eligibility requirements, or non-compliance with IRS regulations can lead to denial.
Amendments If an organization’s structure or activities change, it may need to file an amendment to its Form 1023 to maintain tax-exempt status.

How to Use IRS 1023

Filling out the IRS Form 1023 is an important step for organizations seeking tax-exempt status. After completing the form, you will need to gather supporting documents and submit them to the IRS for review. Here’s how to fill out the form step by step:

  1. Start by downloading the latest version of Form 1023 from the IRS website.
  2. Read the instructions carefully to understand the requirements.
  3. Provide the name of your organization and its address in the designated fields.
  4. Indicate the type of organization you are applying for (e.g., nonprofit, charitable, etc.).
  5. Complete the section on your organization’s mission and activities. Be clear and concise.
  6. Fill out the financial information section, including income and expenses for the past three years, if applicable.
  7. Include details about your board of directors and key staff members, along with their qualifications.
  8. Attach any required supporting documents, such as articles of incorporation and bylaws.
  9. Review the completed form for accuracy and completeness.
  10. Sign and date the form, ensuring that the person signing has the authority to do so.
  11. Submit the form along with the required fee to the IRS address specified in the instructions.

Once you have submitted the form, the IRS will review your application. Be prepared to respond to any follow-up questions or requests for additional information. Good luck with your application!

Your Questions, Answered

What is the IRS Form 1023?

The IRS Form 1023 is an application used by organizations to apply for recognition of exemption from federal income tax under Section 501(c)(3) of the Internal Revenue Code. This form is essential for nonprofits seeking tax-exempt status, allowing them to operate without paying federal income tax and enabling donors to make tax-deductible contributions.

Who needs to file Form 1023?

Any organization that is organized and operated exclusively for charitable purposes and wishes to be recognized as tax-exempt must file Form 1023. This includes charities, educational institutions, religious organizations, and other nonprofit entities. If your organization is a small charity with gross receipts under a certain threshold, you may qualify to file the simpler Form 1023-EZ instead.

What information is required to complete Form 1023?

To complete Form 1023, organizations must provide various details, including:

  • The organization’s name, address, and EIN (Employer Identification Number).
  • A statement of the organization’s purpose and activities.
  • Details about the governing body and management.
  • Financial information, including projected income and expenses for the next three years.
  • Documentation of the organization’s formation, such as articles of incorporation or bylaws.

How long does it take to process Form 1023?

The processing time for Form 1023 can vary. Generally, it takes the IRS between 3 to 6 months to review the application. However, this timeline can be longer if the application is incomplete or if additional information is required. Organizations should plan accordingly and ensure that all required documents are submitted to avoid delays.

What are the fees associated with filing Form 1023?

As of October 2023, the filing fee for Form 1023 is $600. However, if an organization qualifies to file Form 1023-EZ, the fee is reduced to $275. It is important to check the IRS website for any updates to these fees before submitting an application.

What happens if Form 1023 is denied?

If the IRS denies the application for tax-exempt status, the organization will receive a written notice explaining the reasons for the denial. Organizations have the option to appeal the decision or make necessary corrections and reapply. It is advisable to carefully review the denial letter and address any issues raised before resubmitting.

Can an organization operate while waiting for Form 1023 approval?

Yes, an organization can begin operating while waiting for Form 1023 approval. However, it is important to note that until the IRS grants tax-exempt status, the organization will be subject to federal income tax. Once approved, the organization can retroactively apply the tax-exempt status to the date of formation, provided it meets all requirements.

Where can I find more information about Form 1023?

For more information, organizations can visit the IRS website. The site provides detailed instructions for completing Form 1023, as well as additional resources for nonprofit organizations. Consulting with a tax professional or attorney specializing in nonprofit law can also be beneficial.

Common mistakes

  1. Failing to provide complete and accurate information. Every section of the form must be filled out thoroughly. Incomplete information can lead to delays or denials.

  2. Not including the required supporting documents. The IRS requires specific documents, such as a detailed narrative of activities and financial statements. Omitting these can jeopardize the application.

  3. Using outdated forms. Always ensure you are using the most current version of the IRS 1023 form. Using an old version can result in rejection.

  4. Neglecting to sign the form. A signature is necessary to validate the application. Without it, the IRS will not process the form.

  5. Inaccurate financial projections. Providing unrealistic financial forecasts can raise red flags. Ensure projections are reasonable and based on sound assumptions.

  6. Not clearly defining the organization's purpose. The mission statement should be clear and specific. Vague descriptions may lead to confusion about the organization's goals.

  7. Ignoring the public support test. Organizations must demonstrate that they receive a substantial portion of their support from the public. Failing to do so can affect tax-exempt status.

  8. Overlooking the importance of organizational structure. Clearly outline how the organization is governed and managed. This includes providing information about the board of directors.

  9. Submitting the application without reviewing it thoroughly. A final review can catch errors or omissions that could lead to complications. Always proofread before submission.

Documents used along the form

When applying for tax-exempt status with the IRS using Form 1023, several additional documents and forms can support your application. These documents provide essential information about your organization and help clarify your purpose and activities. Below is a list of some commonly used forms and documents that accompany the IRS 1023 form.

  • Articles of Incorporation: This document establishes your organization as a legal entity. It outlines your organization's name, purpose, and structure. It is often filed with the state and is crucial for demonstrating your nonprofit status.
  • Bylaws: Bylaws govern how your organization operates. They include rules for meetings, voting procedures, and the roles of directors and officers. Providing a copy of your bylaws helps the IRS understand your internal governance.
  • Conflict of Interest Policy: This policy outlines how your organization will handle potential conflicts of interest among board members and staff. Having a written policy shows that your organization prioritizes transparency and ethical conduct.
  • Financial Statements: These statements, including balance sheets and income statements, provide a snapshot of your organization’s financial health. They help the IRS assess your financial practices and sustainability.
  • Detailed Description of Activities: This document describes your organization’s planned programs and activities. It should explain how these activities align with your stated purpose and how they will serve the public.

Including these documents with your IRS 1023 form can strengthen your application for tax-exempt status. Each piece of information contributes to a clearer understanding of your organization and its mission, helping the IRS make an informed decision.

Similar forms

The IRS Form 1023 is primarily used by organizations seeking tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. A similar document is the IRS Form 1024, which is used by organizations applying for tax-exempt status under other sections of the Internal Revenue Code. While Form 1023 focuses on charitable organizations, Form 1024 caters to various types of tax-exempt entities, such as social clubs and labor organizations. Both forms require detailed information about the organization’s structure, purpose, and activities, but the specific requirements and eligibility criteria differ based on the type of exemption being sought.

Another document that parallels the IRS Form 1023 is the IRS Form 990. This form is an annual information return that tax-exempt organizations must file to provide transparency about their financial activities. Like Form 1023, Form 990 requires organizations to disclose their mission, programs, and finances. However, while Form 1023 is for initial applications, Form 990 serves as a way to maintain compliance and demonstrate ongoing eligibility for tax-exempt status. Both forms emphasize accountability and provide a snapshot of the organization’s operations.

IRS Form 1023-EZ is a streamlined version of the standard Form 1023, designed for smaller organizations with simpler structures. This form simplifies the application process, allowing eligible applicants to apply for tax-exempt status more quickly and with less documentation. Both forms require organizations to outline their mission and activities, but Form 1023-EZ has fewer questions and is generally easier to complete, making it accessible for smaller nonprofits that may not have extensive legal resources.

The IRS Form 501(c)(4) is another related document, as it is used by social welfare organizations seeking tax-exempt status under Section 501(c)(4) of the Internal Revenue Code. Similar to Form 1023, it requires information about the organization’s purpose and activities. However, the focus of Form 501(c)(4) is on promoting social welfare rather than charitable purposes, which distinguishes it from the more traditional charitable organizations that utilize Form 1023. Both forms share the goal of obtaining tax-exempt status but differ in their intended missions and the types of activities they support.

Form 1023 is also comparable to the IRS Form 5768, known as the "Election Under Section 501(h)." This form allows 501(c)(3) organizations to elect a specific method of measuring lobbying activities. While Form 1023 establishes an organization’s tax-exempt status, Form 5768 provides guidelines for how much lobbying can be conducted without jeopardizing that status. Both forms are crucial for nonprofits, as they navigate the complexities of compliance and advocacy within their missions.

Lastly, the IRS Form 990-N, also known as the e-Postcard, is a simplified version of Form 990 for smaller tax-exempt organizations with gross receipts under $50,000. While Form 1023 is about applying for tax-exempt status, Form 990-N is about maintaining that status through annual reporting. Both forms emphasize transparency and accountability, yet they cater to different stages in an organization’s lifecycle—one being the initial application and the other ongoing compliance.

Dos and Don'ts

When filling out the IRS Form 1023, which is essential for applying for tax-exempt status, there are several important practices to keep in mind. Here’s a list of things you should and shouldn’t do to ensure your application is completed accurately and efficiently.

  • Do read the instructions carefully before starting the form.
  • Do provide clear and detailed descriptions of your organization’s activities.
  • Do ensure that your financial information is accurate and up-to-date.
  • Do include all required documentation to support your application.
  • Don't rush through the form; take your time to avoid mistakes.
  • Don't leave any questions unanswered; if something doesn’t apply, indicate that.

By following these guidelines, you can help ensure that your application is processed smoothly and without unnecessary delays. Careful preparation and attention to detail are key to a successful submission.

Misconceptions

The IRS Form 1023 is a crucial document for organizations seeking tax-exempt status under Section 501(c)(3) of the Internal Revenue Code. However, several misconceptions can cloud the understanding of this form. Here are four common misunderstandings:

  • Misconception 1: Completing Form 1023 is a quick and easy process.
  • Many people believe that filling out the IRS Form 1023 can be done in a matter of hours. In reality, it often requires extensive preparation. Organizations need to gather detailed information about their structure, governance, and programs, which can take weeks or even months.

  • Misconception 2: All organizations automatically qualify for tax-exempt status.
  • Some assume that simply submitting Form 1023 guarantees tax-exempt status. This is not the case. The IRS reviews each application carefully, and organizations must meet specific criteria to be granted exemption. If the criteria are not met, the application can be denied.

  • Misconception 3: Once approved, tax-exempt status is permanent.
  • It is a common belief that obtaining tax-exempt status is a one-time event. However, organizations must remain compliant with IRS regulations to maintain their status. This includes filing annual returns and adhering to operational guidelines. Failure to do so can result in revocation.

  • Misconception 4: Only large organizations need to file Form 1023.
  • Some people think that only large charities or non-profits need to go through the Form 1023 process. In truth, any organization seeking 501(c)(3) status, regardless of size, must file this form. This includes small community groups and grassroots organizations.

Key takeaways

When filling out the IRS 1023 form, there are several important points to keep in mind. This form is essential for organizations seeking tax-exempt status under Section 501(c)(3). Here are some key takeaways:

  • Understand the purpose: The IRS 1023 form is used to apply for federal tax exemption. Knowing its purpose helps ensure you provide all necessary information.
  • Gather required documents: Before starting, collect documents like your organization’s articles of incorporation, bylaws, and financial statements. These will support your application.
  • Be thorough: Complete every section of the form. Incomplete applications can lead to delays or denials.
  • Provide a clear mission statement: Clearly articulate your organization’s mission and activities. This helps the IRS understand your goals and how they align with tax-exempt purposes.
  • Review the eligibility criteria: Ensure your organization meets the IRS requirements for tax exemption. Familiarize yourself with what qualifies as a charitable organization.
  • Seek assistance if needed: Consider consulting with a professional or using resources from the IRS website. Getting help can clarify complex areas and improve your chances of approval.

Filling out the IRS 1023 form can seem daunting, but with careful preparation and attention to detail, organizations can successfully navigate the process.