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IRS Rejects 501c3 Status!

Started by Michael Fisher, September 02, 2005, 01:52 PM NHFT

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Michael Fisher

Quote from: katdillon on October 01, 2005, 08:16 PM NHFT
Quote from: LeRuineur6 on September 28, 2005, 08:31 PM NHFT
Well, I'll make a motion, but we're probably going to lose half the Board whether it passes or fails.? ?:(

So how many board members did we lose?

We just lost our Treasurer, Tony Lekas, who resigned tonight.? ?:'(


PowerPenguin

You could try setting up a Limited Liabilities Company instead. I have one personally for private asset protection, but it could work for this potentially.

aries


Russell Kanning

Quote from: powerpenguin on March 31, 2006, 01:38 AM NHFT
You could try setting up a Limited Liabilities Company instead. I have one personally for private asset protection, but it could work for this potentially.
Why?

PowerPenguin

For the same reasons (I'm assuming) that you're trying to get 501c3 status? It's to A:) Protect assets and B:) avoid taxaction, no?

KBCraig

Quote from: powerpenguin on April 01, 2006, 02:17 AM NHFT
For the same reasons (I'm assuming) that you're trying to get 501c3 status? It's to A:) Protect assets and B:) avoid taxaction, no?

If you'll read back about 15 pages or so, you'll see that LSF isn't trying to get 501(c)(3) status. It was up for debate at first, but was soundly rejected when IRS demanded personal information on past and potential scholarship recipients.

Kevin

Russell Kanning

Quote from: powerpenguin on April 01, 2006, 02:17 AM NHFT
For the same reasons (I'm assuming) that you're trying to get 501c3 status? It's to A:) Protect assets and B:) avoid taxaction, no?
Whatever org they have right now can protect it's assets. They don't have to separate the LSF from some individual or something.
Doesn't a LLC pay taxes and would have to apply to be a 501c3 also.

PowerPenguin

It depends on what you're doing. I did read that post earlier on, which is why I suggested this. I'm no expert on this stuff, though. I just know what's working out for me at the moment.

Michael Fisher

For some reason, the NHCLU has 501c3 status.   ???  Now they're complaining that they can't do anything political or even affiliate with political groups in any way.

Their hands are tied and they're under constant surveillance just incase they step out of line.

WHY would anyone want 501c3?  bleh.

Rosie the Riveter

Quote from: Michael Fisher on September 02, 2005, 01:52 PM NHFT
Well, the 3 scholarships have been mailed out, and we refunded the $50 application fee for the 4th applicant.

I received a letter in our PO Box today.  The IRS has rejected our application for 501c3 tax-deductible charity status.

Their grounds for rejection are:

-"Your purpose is simply to provide an avenue for individuals to pursue a personal preference of pursuing an education under the pretext of providing scholarships that are meant to be subsidized by tax deductible contributions.  Pursuing a personal preference (or preferred lifestyle) is almost akin to pursuing a private benefit which in itself is proscribed under section 501c3.  Therefore it is our initial determination that your purpose as described, does not appear to qualify as an exempt purpose under the exempt provisions of section 501c3 because of its non-exclusive charitable and/or educational intent.  However, if our understanding of your intended purpose based on our analysis as presented above is incorrect, please provide and explain your reasons."

-A random selection process is "not an acceptable method of determining award recipients."

-They want more info about the recipients.

-They want background info about the members of the Board.

-They want info about any business relationships between the Board and the officers.



I have a couple of suggestions based on my work with 501c3s.

1. Could you make the Scholarship a part of an existing 501c3 thereby avoiding filling for status all together?  There must be a freedom minded 501c3 willing to incorporate a scholarship into there organization.  I am thinking of the NH Liberty Alliance. It looks like you can make donations to them on their website.  If they are an existing 501c3 is is fairly easy to amend the by-laws to incorporate a scholarship. http://nhliberty.org/. Could it become part of the NH Chapter of the Alliance for the Separation of School & State? http://www.honestedu.org/index.php. Another thought is that if there is a 501c3 homeschool organization, could it become part of that?

2. You could resubmit your application with a merit based scholarship determination made by a committee as that seems to be the generally accepted process. Asking for info about Board members and Officers is standard in 501c3 determinations and par for the course.

I'm sure it will help the scholarship program to be a 501c3 so I would encourage you to continue it.

Please feel free to contact me if you would like to discuss this further.

Kate

Pat McCotter

Do not ask the government's permission to give money to anyone you wish to be used as the giver and receiver agree.

Asking permission involves telling the government about everybody involved in the transaction.