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ND nonprofits should pay property taxes
Posted On: Jan 14 2009 7:27PM

In North Dakota Century Code Chapter 18, there is a statute that address this issue, for providing fire protection to tax exempt property.





Posted By Ernie
ID#: 8825
Posted On: Jan 14 2009 7:41PM



501(c)(3) organizations TITLE 26, Subtitle A, CHAPTER 1, Subchapter F, PART II, Sec. 508

 



STATUTE
(a)
New organizations must notify Secretary that they are applying for recognition of section 501(c)(3) status
Except as provided in subsection (c) , an organization organized after October 9, 1969, shall not be treated as an organization described in section 501(c)(3) -
(1)
unless it has given notice to the Secretary in such manner as the Secretary may by regulations prescribe, that it is applying for recognition of such status, or
(2)
for any period before the giving of such notice, if such notice is given after the time prescribed by the Secretary by regulations for giving notice under this subsection.
(b)
Presumption that organizations are private foundations Except as provided in subsection (c), any organization (including an organization in existence on October 9, 1969) which is described in section 501(c)(3) and which does not notify the Secretary, at such time and in such manner as the Secretary may by regulations prescribe, that it is not a private foundation shall be presumed to be a private foundation.
(c)
Exceptions
(1)
Mandatory exceptions
Subsections (a) and (b) shall not apply to -
(A)
churches, their integrated auxiliaries, and conventions or associations of churches


I may be wrong but I don’t think the state can overrule the federal law on this

 



 



Posted On: Jan 14 2009 7:50PM

Thanks Ernie for presenting this info.


(I am not an attorney) NDCC Chapter 18 FIRES has a statute to address non-taxable property to pay for fire protection. There is also a past State AG opinion issued regarding providing fire protection to non-taxable property.


It will be interesting to see what becomes of this legislation.


 


 


Posted By Ernie
ID#: 8825
Posted On: Jan 15 2009 4:53PM

Let me know if you hear of something.
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