Qualified Charitable Organization: Meaning, Rules, FAQs

What Is a Qualified Charitable Organization?

Qualified charitable organizations are nonprofit organizations that qualify for tax-exempt status, according to the Internal Revenue Service (IRS). They must be operated exclusively for one of the following purposes: religious, charitable, scientific, literary, educational, testing for public safety, the prevention of cruelty to animals or children, or the development of amateur sports. In the United States, a qualified charitable organization is known as a 501(c)(3) organization, referring to the portion of the Internal Revenue Code (IRC) that deals with the tax treatment of nonprofits.

Rules for Qualified Charitable Organizations

Only donations that are made to a qualified charitable organization are tax deductible. Organizations that do not qualify for this status are considered for-profit and are taxed accordingly. Political contributions are not tax deductible, for example, because political parties are not charitable institutions. On the other hand, contributions to an organization dedicated to building hospitals in underdeveloped countries likely would be a charitable organization, and contributions would be tax deductible.

Qualified charitable organizations differ from strictly tax-exempt organizations, which do not have to be for a charitable purpose yet are not required to pay taxes. However, qualified charitable organizations are also tax-free.

Qualified charitable organizations include charities, philanthropic groups, certain religious and educational organizations, nonprofit veterans’ organizations, fraternal lodge groups, and cemetery and burial companies. Certain legal corporations can also qualify. Even federal, state, and local governments can be considered qualified charitable organizations if the money donated to them is earmarked for charitable causes.

How the IRS Regards Qualified Charitable Organizations

To receive the status from the IRS, qualified charitable organizations must meet requirements under section 501(c)(3) of the IRC. This means that none of the earnings of the organization can go toward any private shareholder or individual. The organization may not seek to influence legislation as a substantial part of its actions.

The organization also cannot engage in any political campaign activity in favor of or in opposition to candidates. There are also limits on how much lobbying these organizations may do in the legislative and political arenas. This includes not being allowed to participate, directly or indirectly, in political campaigns for candidates for public office. Furthermore, no contributions can be made on behalf of the organization for a political campaign.

Likewise, no statements can be made on behalf of the organization in favor of or in opposition to a political candidate. Programs that promote voter registration and participation in elections are permitted as long as no bias shows favoritism for one candidate over another. If the organization breaches such rules, it may lose its tax-exempt status.

There are further requirements for qualified charitable organizations. They cannot operate or be formed for the benefit of private interests. If an organization enters into any excess benefit transactions with someone who has significant influence over it, then the organization could face excise taxes.