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1-Since
a Spiritist Center is not a Church, how should it be classified
in the Internal Revenue Service (IRS) application for 501(c)(3)
tax-exempt organizations?
Under the 501(c)(3) classification for non profit organizations,
the following are listed: Religious, Educational, Charitable,
Scientific, Literacy, Testing for Public Safety, To Foster
National Amateur Sports Competition, or Prevention of Cruelty
to Children or Animal Organizations. (IRS Publication 557:
Tax Exempt Status for Your Organization (1997)). The USSC
itself has chosen the Charitable classification, as have many
other Spiritist groups.
2-What
about registering as a club under 501(c)(7) to qualify for
some form of exemption?
The descriptions of the general activities for an organization
as a club are “Pleasure, recreation, social activities.” (“General
Nature of Activities” – IRS Publication 557: Tax-Exempt Status
for Your Organization (1997)). Clearly the objectives of a
Spiritist organization are not met under a club classification.
3-And a classification as an educational entity?
Some states might require registration under their Board of
Education along with other requirements. Inquiries should
be directed to pertinent agencies in the state where the incorporation
is being sought to ascertain if the application is viable.
4-Regarding
the religious aspect of Spiritism, what are the implications
under the separation of state/church when a Spiritist organization
makes use of a governmental facility (e.g., a school classroom)
for their meetings? Should they omit their religious aspect
in order to benefit from such an arrangement?
As
long as the Spiritist groups/organizations are separated from
the public school educational system, there are no implications
for the use of classrooms, so long evidently as permission
has been granted for such, with the agreement that the rules
and regulations for this usage are followed as they would
for any assembly. What non profit organizations are strictly
prohibited of is discrimination against sex, religion, race,
etc., in their meetings.
5-Is it possible for the USSC to offer materials regarding
these matters?
The
USSC can only offer these general guidelines, along with samples
of articles of incorporation and bylaws. It is not empowered
to dispense legal advice, and it can bear no responsibility
in the independent decisions of Spiritist organizations as
far as the structure and purposes chosen for their incorporation
and governance. Moreover, there are different requirements
for Spiritist entities subject to the rules and regulations
of the states wherein their applications are filed.
However, knowing that there are tools to assist applicants
in this process, the USSC researched and has found a comprehensive
“step-by-step how-to” to assist in the registration of your
organization as a non profit. Please visit the Website "Obtain Tax Exemption", Tax-Exemption in-a-day Workbook. It belongs to a law firm
that serves a variety of tax-exempt organizations, and having
reviewed the Workbook, the USSC finds it of excellent assistance.
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