Keeping the "Fun" in Fundraising: Avoid Inadvertent Violations of the Internal Revenue Code - May 2012
学校助推器俱乐部, such as those formed to support bands or sports groups, have become a popular way for parents to get involved in their children’s extracurricular activities. One of the common activities that booster clubs participate in is assisting the students in 筹款比如卖糖果或洗车. Naturally, some of the students may raise more funds than others. It would seem only fair to credit those individuals in accordance with his or her efforts by “earmarking” the funds for the individual’s use. 通过这样做, 然而, the booster club may be in danger of forfeiting its tax-exempt status or being fined by the IRS.While there appears to be nothing in the Internal Revenue Code that specifically addresses the topic of individual 筹款 accounts, 我们可以做出一些推论.
A booster club may qualify for tax-exempt status if it is organized and operated exclusively for an educational, 慈善, 宗教, 或其他根据26美国的豁免目的.S.C. § 501(c)(3). An organization is generally considered to operate exclusively for an exempt purpose if the organization engages primarily in activities which accomplish the tax-exempt purpose. 因此, if a substantial portion of the booster club’s activities does not further its tax-exempt purpose, the booster club may forfeit its tax-exempt status. 换句话说, if the activities benefit a particular individual, 而不是一个群体, then there is a potential that the club could be deemed to promote private, 而不是豁免利益. If the booster club consistently “credits” individual students for his or her efforts, an argument could be made that the booster club is operating for the benefit of private interests.
The IRS forbids any earnings of a § 501(c)(3) organization from inuring to the benefit of any director or officer of a tax-exempt organization, or any person having a personal or private interest in the activities of the tax-exempt organization. 看到 26 U.S.C. § 501(c)(3). The booster club must be careful that it is not organized or operated for the benefit of private interests—such as the interests of individual students by way of “earmarking” funds that he or she raises. 类似的, if a donation is made to a booster club on behalf of an individual student and is set aside for his or her benefit, 这可能违反§501(c)(3).
Although a booster club may be able to comply with the Internal Revenue Code and still recognize and reward individual students according to their 筹款 efforts, care should be taken to avoid jeopardizing the organization’s tax exempt status. 不管, any funds that are donated to or raised by the booster club should always be controlled by the booster club. 最重要的是, the funds should always be used to further the tax-exempt purposes of the booster club as a whole. To avoid any potential violation of the Internal Revenue Code, 然而, it is recommended that booster clubs do not establish individual 筹款 accounts or “earmark” funds for individuals.
了解更多信息, or if you are interested in learning more about incorporating your booster club, 请联系克里斯汀R. Jurjevich在澳门十大正规网赌网址 & 十大正规网赌网址.
有关税务建议的通知: Any tax related material contained within this Opinions & 观察 article is subject to the following disclaimer required pursuant to IRS Circular 230: Any tax advice contained herein is not intended or written to be used, 不能使用, by any taxpayer for purposes of (i) avoiding penalties imposed under the United States Internal Revenue Code or (ii) promoting, marketing or recommending to another person any tax-related matter; and (iii) any taxpayer should seek advice based on the taxpayer's particular circumstances from an independent tax advisor with respect to any federal tax transaction or matter referenced in this article. No taxpayer may use any part of this article in promoting, marketing or recommending an arrangement relating to any federal tax matter to one or more taxpayers.
写的 克里斯汀R. Jurjevich.