Tax Planning and Compliance for Tax-Exempt Organizations. Jody Blazek

IRC § 501(c)(3).

       You do not meet the provisions of Treas. Reg. § 1.501(c)(3)‐1(c)(1). You are operated to provide direct economic benefits to members. For example, you provide financial assistance to members for such things as buying a home, funeral expenses, and birth of a member's child. This serves a substantial nonexempt private purpose, which precludes exemption under IRC § 501(c)(3).

       You are not described in Treas. Reg. § 1.501(c)(3)‐1(d)(1)(ii) because you are operating for the private interests of your members. This is evidenced by the fact you are operated to provide financial assistance to members.

       You are similar to the organization described in Revenue Ruling 67‐367. Like that organization, your activities serve to benefit your members and their families rather than benefit the public. For instance, when a member or one of their family members dies, you help cover the costs of the funeral. When a member wishes to buy a home, you provide financial aid. There is no charitable intent to the payments or qualification or review to determine need because the payments are automatic. The payment of these types of benefits to pre‐selected, specifically named individuals serves a private interest rather than a public interest which preludes exemption under IRC Section 501(c)(3).

       The group of parents in Revenue Ruling 69‐175 provided a cooperative service for themselves and thus served their own private interests. Like that organization, you were formed to provide benefits to your members. In your case, you are primarily providing financial assistance for the funeral expenses of members and their families as well as providing benefits for other occasions such as buying a home or the birth of a child. The payments serve a private rather than a public interest which precludes exemption under IRC § 501(c)(3).4

Notes

      1 ¹ IRS Priv. Ltr. Rul. 202021025; also see Chapter 21.8 for unrelated business activity aspects of this issue.

      2 ² Gen. Coun. Memo. 39876; Reg.§1.501(c)(3)‐1(d)(1)(ii).

      3 ³ Priv. Ltr. Rul. 202021025.

      4 ⁴ Priv. Ltr. Rul. 202021021.