Tax-Exempt Status
IRS recognition that an organization is exempt from federal income tax — most commonly under section 501(c)(3) — granted after a formal application, not automatically upon incorporation.
Incorporating as a nonprofit under state law and obtaining federal tax-exempt status are two separate steps. An organization must file Form 1023 (or the streamlined 1023-EZ for smaller organizations) with the IRS and receive a determination letter before donors’ gifts are officially tax-deductible and before the organization is exempt from federal income tax on mission-related revenue.
Tax-exempt status isn’t permanent by default — an organization that fails to file its required Form 990 for three consecutive years has its exemption automatically revoked by the IRS, a surprisingly common and often overlooked risk for small, volunteer-run nonprofits without dedicated finance staff.
Maintaining status also means staying within the bounds of what tax-exempt organizations can and can’t do: no private inurement to insiders, limited (and disclosed) lobbying activity, and no participation in political campaigns for 501(c)(3)s specifically — violations can put exemption itself at risk, not just trigger a fine.
See also: Form 990, Nonprofit Organization
