White Paper

8 Pages
  • 8 Pages

Transparency in Your Nonprofit Organization


Review tax-exempt organizations and not-for-profit corporate law.

Associations are generally considered by the IRS to be “business leagues” as defined by Section 501(c)(6) of the IRS Code. Things to look at to determine whether an association qualifies as tax exempt are that it not be organized for profit, that no part of its earnings inure to the benefit of any private shareholder or individual (except as payment for services rendered to the association), that the organization be an association of persons or firms having a common business interest, that its activities be directed to the improvement of conditions in one or more lines of business, that it not be engaged regularly in a business of a kind ordinarily carried on for profit, that its activities not be confined to the performance of particular services for individual members, and that it be a business league and in the same general class as a chamber of commerce or board of trade. This white paper reviews the IRS test for determining tax-exempt status and discusses taxation of tax-exempt organizations.



Samuel J. Erkonen

Samuel J. Erkonen

Howe & Hutton, Ltd.

  • Practices on a wide variety of matters with a focus on not-for-profit law
  • Admitted to and has practiced in the U.S. District Courts of New York (all four districts), California, Illinois, Florida, District of Columbia, Colorado, and Oregon
  • Frequent speaker for a large variety of audiences in the hospitality and not-for-profit industries including regularly giving educational presentations for the U.S. Chamber of Commerce at its Institute for Organization Management
  • Past chairman of the Trade and Professional Association Committee of the Chicago Bar Association and recently served on its prestigious Nominating Committee
  • J.D. degree; LL.M. degree in taxation, Washington University School of Law in St. Louis; B.B.A. degree in finance, University of Iowa

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