Tax Exempt Status
There are basically three ways to organize
your team to take advantage of the U.S. Internal Revenue Service's
Tax Exempt Organization status. These are: 1) affiliate your
team with your local government's emergency service department
(such as Fire or Police); 2) Form a Chapter of an existing 501c3
Tax Exempt Organization such as AVERT; 3) Incorporate your organization
and apply for US IRS Tax Exempt Organization status under section
501c3 or the IRS Code.
Government Affiliation
Perhaps the easiest and least expensive
method of gaining tax exempt status is to formally affiliate
your CERT with your local government's emergency management,
fire or police department. AVERT recommends that you enter into
a written agreement (also known as a Memorandum Of Understanding
or MOU) that specifies support services such as meeting facilities,
phone and web site services, fiscal management, and CERT activation
criteria. This MOU will become the basis of your team's written
response plan.
Some advantages of Government Affiliation:
- Automatic Tax Exempt Status as an extension
of a Public Safety Agency
- Qualifies your team for Department of
Homeland Security and other government grant funds
- Team Members are protected by government
Worker's Compensation Insurance
- Government Emergency Planners assist your
team in writing plans and procedures
Some disadvantages of Government Affiliation:
- Team is not autonomous and activities
are restricted by Government Sponsors
- Teams typically must follow government
policies and procedures and request budget funds at least annually
- May limit funding from private grant making
foundations or restrict other fund raising activities
- May limit recruiting by requiring background
checks or other personal privacy concerns
Forming a Chapter
AVERT and other nonprofit organizations
offer opportunities to form Chapters (what IRS calls Subordinate
Organizations) which operate under the policies and procedures
of the Central Organization. Unlike AVERT, some organizations
require financial ties back to the parent organization (perhaps
in the form of membership dues or charter fees). The IRS requires
the Central Organization to apply for a "Group Exemption
Letter" each year which must include financial statements
from each Chapter. Read AVERT's "Policy
and Procedure 3000, AVERT Chapters" to better understand
the relationship between Central and Subordinate Organizations.
Some advantages of forming Chapters:
- Much of the Organizational infrastructure
is already defined
- Financial support from the Central Orgaization's
proven fund raising strategies
- Less paperwork and startup costs
- Tax exempt status is conferred upon acceptance
of your Chapter by the Parent Organization
Some disadvantages of forming Chapters:
- Must adopt the mission and goals of the
Central Organization
- Approvals from Central Organization may
be required for unique initiatives
- Chapter leadership typically serves at
the pleasure of the Parent Organization
- Tax exempt status can be revoked if you
report late to the Central Organization or you operate outside
your charter
Incorporation
Incorporation is perhaps the most difficult
and time consuming method of obtaining tax exempt status for
your team. Organizing Committees must draft enabling documents
(such as Articles of Incorporation and Bylaws), make applications
and pay fees to State departments of business regulation, and
make application and possibly pay fees to the IRS for Employer
ID Numbers (EINs) as well as tax exempt status (or what is called
a letter of determination). Even local governments may require
applications and fees for Business Licenses and Solicitation
Permits. If this is your desire, it would pay greatly for you
to visit the IRS
Web Site for Nonprofit Organizations.
Some Advantages of Incorporation:
- Ability to define mission and goals exactly
as envisioned by the founders
- Autonomous operations giving flexibility
to programs and projects
- Complete control over finances and fund
raising campaigns
- Ability to expand the organization nationally
or internationally
Some disadvantages of Incorporation:
- Tax exempt status is conditioned on meeting
specific financial tests as defined by the IRS for up to a five
year period (see the IRS pamphlet about tax exempt status for
organizations)
- Tax exempt status can be revoked if you
significantly change mission, goals or operations
- Startup costs and reporting requirements
increase significantly, especially when Chapters are formed
- Organizational governance is usually vested
in a multi-member Board of Trustees or Directors
The foregoing pros and cons are not comprehensive.
You must research the needs of your community and the local,
state and federal business regulations that would apply to your
organization. You must draft enabling documents and choose the
organizing method that best meets your mission and goals.
Whether forming a Neighborhood Team, or
an International Corporation, you will be the driving force and
must ensure that every "i" is dotted and every "t"
is crossed! You must organize your team so that it will perpetuate
your mission and goals long after you have left the organization.
Please feel free to contact AVERT if you have questions about
organizing or tax exempt status.
AVERT has developed various MOUs, agreements
and contracts that you could use for your organization after
making minor modifications to fit your mission and goals. AVERT
can also provide you with contacts and resources to help you
get organized and operational. The following section gives some
ideas for job descriptions of the various leadership positions
that form a CERT. |