Examples of 501c4 organizations

To be tax-exempt as a social welfare organization described in Internal Revenue Code (IRC) section 501(c)(4), an organization must not be organized for profit and must be operated exclusively to promote social welfare. New legislation enacted at the end of 2015 added Section 506 to the Internal Revenue Code.

501(c)(4) Organizations and Social Welfare

Social welfare not-for-profits are the other category. While a 501(c)(4) organization’s income is tax-exempt, donations to the group are not deductible. A social welfare 501(c)(4) organization must be operated exclusively to promote social welfare.

The exempt purpose for the most common form of 501(c)(4) is the promotion of social welfare. The regulations provide: An organization is operated exclusively for the promotion of social welfare if it is primarily engaged in promoting in some way the common good and general welfare of the people of the community.

Can a tax-exempt organization endorse candidates for public office? The rating of candidates, even on a nonpartisan basis, is also prohibited. On the other hand, a section 501(c)(4), (5), or (6) organization may engage in political campaigns, provided that such activities are not the organization’s primary activity.

Contributions to civic leagues or other section 501(c)(4) organizations generally are not deductible as charitable contributions for federal income tax purposes. They may be deductible as trade or business expenses, if ordinary and necessary in the conduct of the taxpayer’s business.

What does that mean? Under Internal Revenue Service rules, a 501(c)3 is a non-profit for religious, charitable or educational purposes. Donations to 501(c)3 groups are tax-deductible. A 501(c)4 is a social welfare group and can engage in more advocacy and lobbying.

You must apply for 501(c)(4) status with the IRS by filing Form 8976, Notice of Intent to Operate Under Section 501(c)(4), electronically. Generally, you need to file Form 8976 within 60 days of establishing your organization. And, you must pay a filing fee of $50.

The act of raising funds for a 501(c)(4) organization is essentially the same as raising money for other types of organizations; it requires that you make the case to donors and ask them for contributions.

After a great deal of whipsawing as the rules flipped back and forth, the nonprofit sector now has certainty from the IRS: section 501(c)(4) and 501(c)(6) organizations will not have to disclose the identity of their donors on their annual Form 990 filing with the IRS.

Many people prefer to give to political parties, political candidates, 501(c)4 campaigns, or other organizations that can‘t receive tax-deductible donations. DAF administrators won’t approve requests for distributions to these types of organizations, so donors should make these contributions directly instead.

Prohibited Activities

The IRC only allows 501(c)(3) nonprofits to engage in very limited lobbying and no political activity. Although a 501(c)(3) can donate to a 501(c)(4), it must exercise caution because unrestricted donations to a 501(c)(4) can result in loss of tax-exempt status.

(C)(3)s may give funds to a (c)(4), but should only do so through a grant agreement that prohibits the funds from being used for any non-(c)(3) permissible purposes.

The IRS rules don’t provide for a simple re-designation of existing 501(c)(4) groups. Instead, a non-profit seeking a change to 501(c)(3) status must start at the beginning and complete Form 1023, Application for Registration of Exemption.