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Wallstreet Esq.
Wallstreet Esq., Tax Attorney
Category: Tax
Satisfied Customers: 17223
Experience:  10 years experience
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Is an IRC 501 (c) (3) exempt organization required to offer

Customer Question

Is an IRC 501 (c) (3) exempt organization required to offer each member a newsletter, magazine, etc. on a periodical basis>
Submitted: 6 years ago.
Category: Tax
Expert:  Wallstreet Esq. replied 6 years ago.

Wallstreet Esq. :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

Wallstreet Esq. :

Are the member paying yearly dues or monthly?

Customer:

Yearly

Customer:

I have not received an answer

Wallstreet Esq. :

Does the by laws or aticles mention anyhting about member notification?

Customer:

Not in the Bylaws or Articles of incorporation. They say it is law in 501 c 3. I have not found that law.

Wallstreet Esq. :

Are members allowed to vote or make any decisions or is the non profit run by the board?

Customer:

The organization, some 140,000, adult members are forced to accept a a magazine of commercial quality which is paid for by dues. Advertising only pays for that advertising.

Customer:

The organization is run by an Executive Council of adult member election.

Customer:

Certain members called Leader Members are allowed to vote on By Law changes.

Customer:

The magazine operates under the Non-Related Business. However the staff mis paid under the organization's regular staff complement.

Wallstreet Esq. :

While 501(c)(3) public charities are exempt from Federal income tax, most of these organizations have information reporting obligations under the Internal Revenue Code to ensure they continue to be recognized as tax-exempt. In addition, they may also be liable for unrelated business income tax as described above, employment tax, excise taxes, and certain state and local taxes.

Wallstreet Esq. :

In terms of having to send a magazine to all members, that is not part of any IRS code, and is usually only written into the bylaws if required.

Customer:

Actually I am well aware of those items. I have searched 501 (c) (3) and cannot find any place stating that such rtequirement exists. OTOH I have found myself standin astraddle a rattle snake before. (:-0)

Wallstreet Esq. :

However, most 510c3 organizations will provide members certain information of what they are doing with their fees and that is proper practice as members can bring fraud claims against the 501c3

Wallstreet Esq. :

Their is no specific IRS rule stating members need such items.

Customer:

In other words you are not aware of any definite specific reqyirement for the organization to providew the periodical.

Customer:

Please pardon my typos.

Wallstreet Esq. :

Most state laws allow board members to review the financial records of the Non Profit, so their is no need for a law requiring this

Wallstreet Esq. :

No,

Customer:

Thank You,

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