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Form Instructions 1023 Irvine California: What You Should Know

Benefits of a California Nonprofit Tax-Exempt Status State tax incentives, including certain tax-exempt status benefits. Income-producing activities can be tax-exempt or tax prohibited even if your organization has only a part-time staff. Informational reports that provide a forum on which the public may learn about your programs and operations. Expenses incurred while operating your business are not subject to taxes. No State or local income tax is imposed, and no local sales tax may be imposed on your products or services. Eligibility Criteria: Business and Professions Code section 49011(a)(1) — Tax-exempt organizations (Section 501(c)(3) organizations) must be limited to a specific, limited activity which is engaged in for a specific, limited period of time. The activity must be substantially related to a bona fide charitable, religious or public purpose. Example 1 A non-profit organization (NPO), engaged, for a period of three years, in performing emergency services, has made provision for the employees' personal health insurance, and provided personal health insurance benefits to all employees who work for the organization during that three-year period. The benefit is so extensive that it would be more than “properly incidental to the activities of the organization” for the organization to be taxed. Therefore, the benefit is “substantially related” to the NPO's purposes and would be treated as a charity or religion in making this determination. Example 2 A non-profit organization (NPO), engaged, for a period of two years, in performing emergency services, had an arrangement whereby volunteers, through a contract with a government agency, would contribute to a community health-center fund. The organization would provide a grant to this community health-center fund to buy items for a specific community health-center. The organization also provides a separate grant to the agency for purchase of supplies and services that are not related to the emergency services. The organization is required, as a condition of the grant made to the community health-center fund, to obtain approval from the State Department of Health Services of a health insurance plan that provides coverage of emergency services for volunteer emergency responders. Since the NPO is not engaged in “substantial” activity for at least one year, the organization does not qualify for tax-exempt status.

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