How can the IRS revoke my tax exempt status when I never applied for it?

TaxExemptRevoked

Carol,
About 15 years ago a couple of moms started a homeschool summer sports group. About 8 years ago, two leaders opened a bank account. The bank set them up with a “Club” account and secured a federal ID number (EIN) for the club. We never applied to the IRS for anything. We never filed any annual reports (the Form 990-N).

Now from reading your website and our emails, it sounds like our tax exempt status was revoked and we need to get it back.

How can something we never had (501c7 Social Club status) be revoked? 

Your help in clarifying this is appreciated, so we know how to move forward.

Lisa

 

Lisa,

I know this is confusing.

Your sports group is a recreational club that fits the IRS definition of 501(c)(7) social club.

501(c)(7) Social Clubs can “self declare” their tax exempt status without officially applying. Technically, you “self-declared” your tax exempt status when you said you “never applied to the IRS for anything.”

Since 2007, the IRS has required all tax exempt organizations, even those that self-declared their tax exempt status, to file the annual Form 990N.  Read more here: http://homeschoolcpa.com/irs-form-990n-faq/

Your organization failed to file the 990-N for three years the and IRS has revoked your “self declared” tax exempt status.

Now you need to file the paperwork (Form 1024) to get back your tax exempt status that you didn’t need to apply for in the first place!

Crazy? YES!
Frustrating? YES!

A lot of small organizations have learned that their tax exempt status had been revoked and they didn’t even know about it!

I don’t think the IRS thought this through. I wish they had not revoked the status of 501(c)(7)s, but they did. I also wish they would allow a simple phone call to get reinstated instead of filing the paperwork and paying the IRS $400 fee.

Here’s the IRS webpage explaining how to get your tax exempt status reinstated. They offer 4 methods.

How to Have Your Tax Exempt Status Reinstated

If you find reading the IRS webpage a bit confusing, feel free to contact me and we can set up a personal consultation by phone to discuss your options.

Carol Topp, CPA

 

Can a homeschool athletic booster club be a 501c3?

FreeDigitalPhotos.net Credit: Salvatore Vuono

FreeDigitalPhotos.net Credit: Salvatore Vuono

Mrs Topp,

For several years my wife has operated a group here in Lubbock Texas.  The purpose of the group is to raise funds for our homeschool athletic teams to pay for various aspects of their sporting endeavors.

 The group receives a percentage of sales from concession stands operated at Texas Tech University and are paid by Ovations, the current concessions operator for Texas Tech.   Ovations uses non-profit groups to operate all concession stands.

 We have never sought non-profit status and now Ovations is insisting that we do so or they will no longer use us.

We has always paid each individual working in the stand based on how much time they worked, and given out 1099MISC to those making over the minimum $600.  Those working come from homeschool athletic teams though we do not dictate how the money each receives is spent.

 In reading the IRS website I can see that sports organizations are eligible for non-profit status, but is the way we pay those working acceptable?

 Paul H

Lubbock, Texas

 

Paul,

Your organization sounds like a parent booster club in that you raise funds to support athletic teams. Yes, booster clubs and athletic teams can be 501c3 tax exempt organizations.

The issue of paying parents working a concession stand has come up with the IRS in the past.
Here is a blog post I have written on the topic.
http://homeschoolcpa.com/the-irss-word-on-fundraising-dos-and-donts/
I think the IRS would approve of the way you are paying the parents. Giving them a 1099MISC is the correct way to report their earnings.

You might also find this website ParentBooster.org helpful.

ParentBooster.org offers tax exempt status to athletic booster clubs that support the activities of a school under their group tax exempt status. I asked the founder, Sandy Englund, if homeschool booster clubs would be eligible for 501c3 tax exempt status under ParentBooster.org, but she said no. Maybe you should ask and see if you get a different answer. It would be a very easy way to obtain your 501c3 tax exempt status.

 

 

 

 

Insurance for homeschool sports

Thanks to homeschool leader Kathi S from PA who told me about insurance for her homeschool group’s sports activities.

The Amateur Athletic Union (AAU) is one of the largest, non-profit, volunteer, sports organizations in the United States. A multi-sport organization, the AAU is dedicated exclusively to the promotion and development of amateur sports and physical fitness programs.

From their website page on insurance:

It can be extremely difficult and expensive to obtain insurance coverage for individual amateur athletic competitions. Yet if insurance is not obtained, the personal assets of the individuals conducting the event may be at risk. Many owners of sports facilities, especially municipalities and schools, will not permit the use of their property or facilities unless it can be demonstrated that both they and the entity/individuals conducting the event are covered under an insurance policy. Without insurance, the opportunity for amateur athletes to compete in organized sports programs is substantially limited.

Kathy’s homeschool organization pays only $12 a year for each student to participate in a volleyball club they offer.  That seems very affordable to me!

Read more here:http://www.aausports.org/Insurance/Overview.aspx

This may bring a lot of piece of mind to homeschool leaders running sports programs.

Carol Topp, CPA

Related article: Insurance for Hoemschool Groups

Insurance for a homeschool sports program

Does your homeschool sports group need insurance? A homeschool leader in Indiana shares information on her insurance company.

Dear Carol,

I heard you speak at the Cincinnati Homeschool Convention and it was VERY helpful. At the end, I mentioned that we had sports insurance and you mentioned that you wanted that info. So, in keeping with my promise, I am responding to that request now.

We use USSFA which was established many years ago, as I understand it, to provide insurance for homeschool sports. There are only a few states in which they cannot insure, but you can contact Lew Owens for more information if needed.

email: ussfaoffice@comcast.net
USSFA Office
4150 Kildeer Drive, Ste 2-A
Indianapolis, IN 46237
Phome: 317-357-8908
Fax: 317-357-8791

We have used this for several years (our sports program is over 11 years old) and have been very happy with the program USSFA provides. With this insurance, we are able to show the schools and other rental locations that we have liability insurance and then we have the added benefit that our player/coach coverage picks up their existing medical coverage ends.

If you call Lew, please be sure to mention that you heard about him from me (Shawna Howell). Effective 3/15/08, I became the director the SEI Panthers Basketball (SE Indiana) program and he will know of me through that affiliation.

My prayer is that we can continue to network with one another for the benefit of the homeschool community across the country.

Thank you for all that you do to help our community and particularly for sharing your wisdom with us at the convention. I was truly blessed.

Blessings,
Shawna Howell

Thank you for sharing this helpful information, Shawna.

Carol Topp, CPA