IRS prescribed Article of Incorporation clauses for Section 501(c)(3) tax exempt recognition
To be eligible for tax-exempt recognition under section 501(c)(3) of the Internal Revenue Code, a nonprofit organization must be organized and operated exclusively for “exempt purposes” as prescribed by IRS.
Exempt purposes as defined by IRS
The purposes declared as exempt purposes in section 501(c)(3) are charitable, educational, religious, scientific, literary, fostering national or international sports competition, preventing cruelty to children or animals, and testing for public safety.
Other requirements to be eligible for tax exempt recognition include
7) None of the earnings of the nonprofit organization may inure to any private shareholder or individual.
8) The organization should not be an ‘action organization’ i.e. it should not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.
9) The organization must vow to permanently dedicate assets of the organization to a tax exempt purpose as defined above.
Accordingly IRS prescribes addition of these 4 clauses to be Included in Articles of Incorporation. [use exact or similar wording (refer to www.irs.gov)]
a) Insert the below clause as one of the purposes for which the organization is organized or anywhere else in the Article of Incorporation
“Said corporation is organized exclusively for charitable, religious, educational, and/or scientific purposes, included, for such purposes, the making of distributions to organizations that qualify as exempt organizations under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code. “
b) Insert this clause at any place:
“No part of the net earnings of the corporations shall inure to the benefit of, or be distributable to its members, trustees, officers, or other private persons, except that the corporation shall be authorized and empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of the purposes set forth in Article Third hereof.”
c) Insert this clause at any place:
“No substantial part of the activities of the corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, and the corporation shall not participate in, or intervene in (including the publishing or distribution of statements) any political campaign on behalf of any candidate for public office. Notwithstanding any other provision of these articles, the corporation shall not carry on any other activities not permitted to be carried on (a) by a corporation exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future federal tax code, or (b) by a corporation, contributions to which are deductible under section 170(c)(2) of the Internal Revenue Code, or corresponding section of any future federal tax code. “
d) Insert this dissolution clause at any suitable place:
“Upon the dissolution of the corporation, assets shall be distributed for one or more exempt purposes within the meaning of section 501(c)(3) of the Internal Revenue Code, or corresponding section of any future purpose. Any such assets not so disposed of shall be disposed of by the Court of Common Pleas of the county in which the principal office of the corporation is then located, exclusively for such purposes or to such organization or organizations, as said Court shall determine, which are organized and operated exclusively for such purposes.”