Charitable Organizations

Virtually all legitimate charities you encounter in your life are classified as "publically supported organizations" under secion 501(c)(3) of the Internal Revenue Code. Generally, these are organizations which recieve at least one third of their financial support from donations from the public. This is contrasted with a private charitable foundation, which can recieve its support from as little as one individual or entity. It is preferable for an organization to be a publically suported organization because such an entity is not subject to certain taxes and restrictions which are applicable to private charitable foundations. Under limited circumstances, an organization which does not meet the one third public support test can nonetheless have the legal benefits of a publically supported organization. Generally, this is a charity which is classified as "supporting organization" under federal tax law. A supporting organization is an entity which exists only for the purpose of providing financial support to one or more publically supported organizations. In addition, a supporting organization must comply with other rules, including rules relating to its relationship to the publically supported organization it supports.

Federal and State income tax exemption for a publically supported organization is not automatic. Your non stock corporation must be properly formed under Connecticut law and the formation documents must contain the precise language required by the Internal Revenue Code, Treasury Regulations and Revenue Rulings. If exempt status is not obtained in a timely manner, there are serious negative ramification to donors to the entity and potentially the organizers as well. You need a competent tax attorney to form a non stock corporation which will be the publically supported organization, prepare and file IRS form 1023 and to respond to further inquiries from the Internal Revenue Service. Attorney Rubino has successfully formed many charitable organizations under Connecticut law and has prepared and filed IRS form 1023 on behalf of those charitable organizations, resulting in tax exempt recognition for those organizations under secion 501(c)(3) of the Internal Revenue Code. He can compentently and profesionally prepare and file all documents required to form and gain section 501c)(3) tax exempt recognition for your private charitable foundation.

Attorney Rubino can assist you in every aspect of establishing and operating a charity as a publically supported organization including:

  • formation of charitable nonstock corporations
  • drafting of all corporate documents with IRS required provisions
  • preparation of IRS application for Section 501(c)(3) tax exemption, IRS form 1023
  • legal and tax counsel to ongoing operations of a pubclially supported charity