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What happens if you lose your tax-exempt status?

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George Dimov

President & Managing Owner

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Are You Tax Compliant?

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Not having your tax-exempt status leaves your nonprofit in a vulnerable legal and financial situation. The IRS recognizes 501(c)(3) organizations that meet certain standards for charitable organizations, but that status can be taken away, mostly because of noncompliance. It is vital to understand what losing tax exemption status means for your reputation and mission.

Donations Cannot Be Tax Deducted

When donations are no longer tax-deductible, your organization can start having problems raising funds. This is especially true for larger donors such as foundations and corporate sponsors because most of them want proof of your 501(c)(3) status. Your organization also starts having problems obtaining partnerships and new donors.

Your organization’s name also goes on the IRS Automatic Revocation List, a public database that grantmakers and potential donors use. This makes it more difficult to obtain new donors or partnerships.

Your Organization Becomes a Taxable Entity

Tax exemption status means your nonprofit will need to file a Form 1120 (U.S. Corporation Income Tax Return) or Form 1041 (Income Tax Return for an Estate or Trust) depending on your organization’s structure. That means you might need to pay federal and state taxes on all your revenue, like donations, program fees, and even your income from investments.

Also, depending on state laws, your nonprofit might pay employee, property, and sales taxes. That means your nonprofit could pay a lot more in operational expenses.

You May Lose State and Local Privileges

Tax exemption means you get to keep some revenue your nonprofit earns. Your nonprofit may also lose:

  • Exemptions for state income and sales taxes
  • Exemptions for property taxes
  • Exemptions for state and local grants

Once the IRS takes away your nonprofit status, most states will take away local nonprofit status recognition as well.

Loss of Public and Donor Trust

Losing nonprofit tax status opens the door for reputational problems. It may indicate to stakeholders a lack of proper management or an inability to follow appropriate compliance procedures. Donors, volunteers, and partners may see the organization as uncoordinated or uncompliant.

You Can Reinstatement Tax-Exempt Status

It’s a good thing tax-exempt status is not lost forever and can simply be reinstated with the filing of an IRS Form 1023 or Form 1023-EZ. Many organizations can also qualify for retroactive reinstatement of exempt status which means they can retroactively reinstate tax-exempt status back to the date it was revoked.

Bottom line

Losing tax-exempt status doesn’t look good for your nonprofit, and it affects your fundraising and reputation. However, with prompt action and the right guidance, reinstatement is totally doable and can help your nonprofit regain reputation.

Dimov Tax presents professional support to nonprofit organizations. Reach out to us today for expert assistance.


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