Exempt Organizations - Rulings and Determinations Letters |
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NOTE: New regulations change the requirements for rulings and determinations that section 501(c)(3) organizations are publicly supported. See Elimination of the Advance Ruling Process for the latest information, including changes to filing requirements for organizations that have received advance rulings of their status as publicly supported organizations.
A ruling or determination letter will be issued to your organization if its application and supporting documents establish that it meets the particular requirements of the section under which it is claiming exemption. However, the IRS will not ordinarily issue rulings or determination letters recognizing exemption if an issue involving the organization's exempt status is pending in litigation or is under consideration within the IRS.
Advance Ruling: A ruling or determination letter may be issued in advance of operations if your organization can describe its proposed operations in enough detail to permit a conclusion that it will clearly meet the particular requirements of the section under which it is claiming exemption. A restatement of the organization's purpose or a statement that it will be operated in furtherance of that purpose will not satisfy this requirement. The organization must describe fully the activities in which it expects to engage. This includes standards, procedures, or other means adopted or planned by the organization for carrying out its activities, expected sources of funds, and the nature of its contemplated expenses.
Newly-created section 501(c)(3) organizations may receive an advance ruling that they will be publicly supported organizations, and therefore not private foundations, if they meet certain requirements.
Adverse Determination: A proposed adverse ruling or determination letter will be issued to an organization that has not provided sufficiently detailed information to establish that it qualifies for exemption or if the information provided establishes that it does not qualify for exemption. An organization can appeal a proposed adverse ruling or determination letter.
Public Disclosure: An exemption determination letter is subject to public disclosure.
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Page Last Reviewed or Updated: December 29, 2008