According to the IRS, to be tax-exempt under section 501(c)(3) of the Internal Revenue Code, an organization must be organized and operated exclusively for exempt purposes set forth in section 501(c)(3), and none of its earnings may inure to any private shareholder or individual. In addition, it may not be an action organization, i.e., it may not attempt to influence legislation as a substantial part of its activities and it may not participate in any campaign activity for or against political candidates.
Organizations described in section 501(c)(3) are commonly referred to as charitable organizations or nonprofit organizations.
The organization must not be organized or operated for the benefit of private interests, and no part of a section 501(c)(3) organization's net earnings may inure to the benefit of any private shareholder or individual. If the organization engages in an excess benefit transaction with a person having substantial influence over the organization, an excise tax may be imposed on the person and any organization managers agreeing to the transaction.
Despite the federal government granting organizations 501(c)(3) status, nonprofit entities are organized under state law. There are two major acts that some states have adopted to structure their nonprofit laws they are the Revised Model Non-Profit Corporation Act and the uniform Unincorporated Non-Profit Association Act. For nonprofit corporations, some states have adopted the Revised Model Non-Profit Corporation Act (1986). For nonprofit associations, a few states have adopted the Uniform Unincorporated Non-Profit Association Act. In addition to the taxation benefits granted by the federal government to nonprofits, some states exempt nonprofit organizations from state tax and state employment programs such as unemployment compensation contribution. State law also governs solicitation privileges and accreditations requirements such as licenses and permits. Each state defines nonprofit differently. Some states make distinctions between organizations not operated for profit without charitable goals (like a sports or professional association) and charitable associations in order to determine what legal privileges the respective organizations will have.
For complete coverage of primary law resources regarding organization and taxation (including statutes, codes, and case law), please see the Tax Research-Federal Guide and Tax Research-State and Local Guide.