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972-248-8080 DALLAS
713-830-2207 HOUSTON
512-691-4100 AUSTIN
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Understanding The 501(c)(3) Non-Profit

Chelsea Lankford • Dec 26, 2023

Texas is known for its strong sense of community and philanthropy. It's no wonder many individuals and groups are eager to establish 501(c)(3) nonprofit organizations in the Lone Star State. Establishing a 501(c)(3) is a multifaceted process that requires a blend of federal and state procedures. By understanding the steps and requirements, one can set a solid foundation for their charitable venture in Texas.


What Is A 501(c)(3)?

A 501(c)(3) is a section of the U.S. tax code that grants tax-exempt status to nonprofit organizations. Falling under this category, entities like charities, educational institutions, and religious groups can operate without paying federal income tax. Plus, donations made to these organizations are typically tax-deductible for donors. In essence, a 501(c)(3) is a win-win, promoting goodwill and supporting communities without the tax burden.


Which 501(c)(3) Is Right For You?

In a nutshell, while all of the following organizations operate under the umbrella of the 501(c)(3) status, they differ in their sources of funding, operations, and the regulations they must adhere to. Knowing the differences can be crucial for anyone looking to start a nonprofit or work within this sector.


  • Public Charities

    Overview: These are the most commonly recognized 501(c)(3) entities.


    Funding: They have a broad base of financial support, receiving funds from the general public, grants, and sometimes governmental units.


    Benefits: Public charities generally benefit from higher donor tax-deductible limits and can receive grants more easily.


  • Private Foundations:

    Overview: These are the grant-making entities of the nonprofit world.


    Funding: Typically, they have a single primary source of funding, often an individual, family, or corporation, and use their funds to make grants to other nonprofits.


    Regulation: They are subject to stricter regulatory requirements, especially concerning distributions and investments. For instance, they must distribute a certain percentage of their funds annually for charitable purposes.


  • Private Operating Foundations:

    Overview: Consider this a mix between public charities and private foundations.


    Funding & Operations: They might have a major source of funding like a private foundation, but they're also hands-on, directly engaging in charitable activities.


    Benefits & Regulation: While they're more involved in direct operations, they still have some of the stricter regulations of private foundations but can sometimes enjoy benefits closer to those of public charities.


Does A 501(c)(3) Have Limitations?

While 501(c)(3) organizations are granted the perk of tax-exempt privileges and can even offer tax deductions to their donors, this favorability is not without its conditions. The IRS is keen on ensuring that the organizations remain true to the primary purpose and don't exploit their favored position. One of the clear boundaries set is their engagement with politics; they can't dip their toes into endorsing, opposing, or donating to political candidates. This is a measure to ensure the organization’s energy is channeled into charitable activities rather than shaping political landscapes. Additionally, these organizations shouldn't function to primarily enrich insiders, like board members or key employees; their earnings shouldn't disproportionately favor particular individuals. While they're allowed to advocate for causes, they should be cautious about spending a large part of their resources on influencing legislation, emphasizing their primary charitable mission over extensive lobbying. And there's a watchful eye on them; straying too far from these guidelines or venturing into activities outside the 501(c)(3) scope could land them in hot water, risking their tax-exempt status. A slip-up like that could carry hefty financial and reputational costs.

What Does The IRS Consider A Charitable Organization? 

The IRS's definition of "charitable" for 501(c)(3) organizations is expansive. It encompasses a wide range of activities and missions, such as:



  • Relief of the Poor and Distressed

    Organizations dedicated to aiding those in need. This could include food banks, homeless shelters, or groups providing disaster relief.

  • Advancement of Education

    Institutions like schools, colleges, and universities, but also entities that provide public discussion groups, forums, panels, lectures, or other educational programs.

  • Advancement of Religion

    Churches, synagogues, temples, mosques, and other religious entities.

  • Promotion of Health

    Hospitals, clinics, organizations related to public health, and groups providing health services or health education.

  • Governmental or Municipal Support

    Organizations that support government functions or entities, such as a public library.

  • Civil Rights Advocacy

    Organizations dedicated to protecting rights guaranteed by law, such as those promoting the rights of marginalized groups.

  • Elimination of Prejudice and Discrimination

    Groups focused on building bridges among diverse communities and promoting understanding and acceptance.

  • Advancement of Science

    Entities that support or conduct scientific research in the public interest.

  • Erection or Maintenance of Public Buildings

    Groups that might maintain or support community centers, parks, and similar public places.

  • Combatting Community Deterioration

    Organizations working on urban renewal or maintaining the cultural fabric of a neighborhood or city.

  • Public Safety

    Groups that promote and support safety in the community, like those related to fire prevention or crime prevention.

Is Non-Profit The Same As Tax-Exempt?

While the terms "nonprofit" and "tax-exempt" are often used synonymously, they have distinct meanings and implications. A "nonprofit" is an organization whose primary objective is not profit generation. Instead, any revenue beyond their operational costs is funneled back into furthering the organization's mission, not distributed among stakeholders or owners. However, this nonprofit designation doesn't inherently grant them immunity from tax obligations.


Conversely, "tax-exempt" describes organizations the IRS has granted exemption from certain federal income taxes. To attain this status, entities must demonstrate they operate primarily for charitable, educational, religious, or other specified objectives. The process typically involves submitting forms (like the 1023 or 1023-EZ) to the IRS. Upon approval, they receive an official determination letter confirming their tax-exempt standing.


While many tax-exempt organizations are nonprofits, it's crucial to understand that not all nonprofits hold tax-exempt status. Moreover, while all nonprofits must adhere to state-specific regulations, those with tax-exempt designation must also comply with both state and federal regulations. This process includes fulfilling requirements such as submitting Form 990 annually. In essence, although "nonprofit" and "tax-exempt" often overlap, they signify distinct operational and fiscal aspects of an organization.


A woman is sitting at a desk using a laptop computer.
By Chelsea Lankford 08 May, 2024
Interview of a Child in Chambers by a Texas Court Divorces can be messy; even more so when children are involved. One pivotal question that is often asked is who will receive primary custody. The prospect of children speaking to a judge during a divorce case to help determine custody can be a controversial topic. On one hand, it aims to understand and prioritize the child's preferences and best interests. On the other hand, exposing children to legal proceedings can be emotionally taxing and stressful . When Can the Judge Talk to Children? During a nonjury trial or hearing, the court is required to privately interview any child 12 years or older, while interviewing a child under 12 is at the judge's discretion. This private interview helps convey the child's wishes regarding who should have primary custody. The judge can also conduct the interview independently or on the request of a party, amicus attorney, or attorney ad litem. While speaking to the child can help determine issues of possession, access, and parent-child relationships, it does not restrict the court’s authority to decide what’s best for them. However, in cases where a jury trial is underway, the judge is prohibited from privately interviewing the child on matters subject to a jury verdict such as which parent is granted conservatorship/primary custody. During the conversations, attorneys representing the parents, the amicus attorney, the guardian ad litem, or the child's attorney ad litem may be present. For children aged 12 and older, the court is required to record these interviews to ensure a thorough and accurate record is available as part of the overall case documentation. Inside the Judge's Playbook: What Gets Asked? The judge may ask open-ended questions about living arrangements, the child's relationship with each parent, and other aspects relevant to their well-being. Additionally, an interviewer’s nonverbal communication may not contribute to the making of a particular statement. James v. Texas DHS, 836 S.W.2d 236, 239-241, (Tex.App.—Texarkana 1992, no writ.). However, the child's testimony is just one piece of the puzzle, weighed alongside other factors such as parental behavior, home stability, and each parent's willingness to cultivate the child's relationship with the other parent. Importantly, if the judge during the interview has reasonable cause to believe that a child’s physical or mental health or welfare has been adversely affected by abuse or neglect by any person , the the judge is obligated to shall immediately make a report. Tex. Fam. Code §261.101(a).
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What is a Franchise Agreement? Businesses form franchise agreements when they want to share their business ideas and ventures with other entrepreneurs looking to be independent business operators themselves. The franchise agreement is a legal contract that establishes a franchisor-franchisee relationship to expand the franchisor's entrepreneurial ideas and values. The franchisor grants the franchisee the legal right to set up and operate a franchised business consistent with the terms of the franchise agreement. Under this agreement, the franchisee gains the license to use the franchisor’s trademarks, trade dress, business systems, operational manuals, and supply sources for offering and selling the franchisor's specified products and/or services. The franchise agreement is required to be legally included as an exhibit in the franchisor’s Franchise Disclosure Document, which must be presented to potential franchisees before any franchise offerings or sales are made. The federal trade commission publishes A Consumer's Guide to Buying a Franchise which is helpful for perspective purchasers' of franchises.
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The Wilson Legal Group are Dallas attorneys that specializes in Patents, Trademarks, Copyrights, Trade Secrets, Complex Litigation, Business/Corporate Law, Family Law and Real Estate Law. At the Wilson Legal Group, our clients are our focus. Our philosophy is simple and straight-forward: Understand our clients' needs, hopes, and interests in order to help them flourish. Our staff strives to build strong relationships with our clients in order to appreciate their best interests and help them achieve their goals.

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