What Is a 501(c)(3) Organization?

Section 501(c)(3) is a portion of the U.S. Internal Revenue Code (IRC) and a specific tax category for nonprofit organizations. Organizations that meet Section 501(c)(3) requirements are exempt from federal income tax. The Internal Revenue Service (IRS) recognizes more than 30 types of nonprofit organizations but only those that qualify for 501(c)(3) status can say that donations made to them are tax deductible.

Most of the organizations that may be eligible for 501(c)(3) designation fall into one of three categories: charitable organizations, churches and religious organizations, and private foundations. The rules outlined in Section 501(c)(3) are regulated by the U.S. Treasury through the IRS.

How a 501(c)(3) Organization Works

A group must operate exclusively for one of certain purposes to be considered a charitable organization by the IRS: charitable, religious, educational, scientific, literary, testing for public safety, fostering national or international amateur sports competition, or preventing cruelty to children or animals.

The IRS further defines “charitable” activities as “relief of the poor, the distressed, or the underprivileged; advancement of religion; advancement of education or science; erecting or maintaining public buildings, monuments, or works; lessening the burdens of government; lessening neighborhood tensions; eliminating prejudice and discrimination; defending human and civil rights secured by law; and combating community deterioration and juvenile delinquency.”

Requirements of a 501(c)(3) Organization

An organization must not be serving any private interests to be tax-exempt under Section 501(c)(3). These include the interests of the creator, the creator’s family, shareholders of the organization, other designated individuals, or other persons controlled by private interests. None of the net earnings of the organization can be used to benefit any private shareholder or individual. All earnings must be used solely for the advancement of its charitable cause.

A 501(c)(3) organization is also forbidden from using its activities to influence legislation in a substantial way, including participating in any campaign activities to support or deny any particular political candidate. It's typically not permitted to engage in lobbying except in instances when its expenditures are below a certain amount.

People employed by the organization must be paid “reasonable compensation,” which is based on the fair market value that the job function requires.

An organization is also required to remain true to its founding purpose to stay tax-exempt under Section 501(c)(3).

An organization must maintain the purpose that it has previously reported to the IRS, such as that its mission is to help less privileged individuals gain access to a college education. The 501(c)(3) organization must first notify the IRS of its change of operations if it decides to engage in another calling, such as sending relief to displaced families in poverty-stricken countries. Failing to do so would result in the loss of its tax-exempt status.

Some unrelated business income is allowed for a 501(c)(3) organization but the tax-exempt charity may not receive substantial income from unrelated business operations. The majority of the firm’s efforts must go toward its exempt purpose as a nonprofit organization. Any unrelated business from sales of merchandise or rental properties must be limited or the organization could lose its 501(c)(3) status.

Organizations that meet the requirements of Section 501(c)(3) are exempt from federal income tax but they're required to withhold federal income tax from their employees’ paychecks as well as withhold and pay Social Security and Medicare taxes.

Special Considerations

Organizations that meet the 501(c)(3) tax category requirements can be classified into two categories: public charities and private foundations. The primary distinction between these two categories is in how they get their financial support. 

Public Charities

A public charity is a nonprofit organization that receives a substantial portion of its income or revenue from the general public or the government. At least one-third of its income must be received from donations from the general public, including individuals, corporations, and other nonprofit organizations.

Individuals who donate to an organization that the IRS considers to be a public charity may qualify for certain tax deductions that can help them lower their taxable income. The total amount of donations to a tax-exempt public charity that an individual can claim is generally limited to 60% of their adjusted gross income (AGI) as of 2024 but there's no limitation on donations to qualified charitable organizations such as a 501(c)(3).

Private Foundations

A private foundation is typically held by an individual, a family, or a corporation and it obtains most of its income from a small group of donors. Private foundations are subject to stricter rules and regulations than public charities.

All 501(c)(3) organizations are automatically classified as private foundations unless they can prove that they meet the IRS standards to be considered a public charity. The deductibility of contributions to a private foundation is more limited than donations made to a public charity.

Most nonprofit organizations are required to file Form 1023 or Form 1023-EZ within 27 months from their date of incorporation to apply for tax-exempt status under Section 501(c)(3). The charitable organization must include its articles of incorporation and provide documents that prove that the organization is only operating for exempt purposes.

However, not all organizations that qualify for the tax category must submit Form 1023. Public charities that earn less than $5,000 in revenue per year are exempt from filing this form. But they may still choose to file the form even though it's not required so they can ensure that donations made to their organization will be tax deductible for donors.

Advantages and Disadvantages of a 501(c)(3) Organization

The 501(c)(3) status offers a myriad of benefits to the designated organizations and the people they serve. These organizations are exempt from paying federal income and unemployment taxes and patrons who donate to them are allowed to claim a tax deduction for their contributions. These organizations are eligible to receive government and private grants to help with funding and to further their mission. The organization must have a mission aligned with the purpose of the grant and a need for it to qualify. These organizations also often receive discounts from retailers, free advertising by way of public service announcements, and food and supplies from other nonprofit organizations designed to help in times of need. A 501(c)(3) could be the lifelong dream of its founder but it no longer belongs to its founder after it's established as a 501(c)(3). It's a mission-oriented organization that belongs to the public. It must operate within the confines of the law pertaining to 501(c)(3) organizations to maintain its favorable tax treatment.

Because the organization serves the public, it must operate with full transparency. Its finances, including salaries, are available to members of the public and subject to their review.

Example of a 501(c)(3) Organization

The American Red Cross, established in 1881 and congressionally chartered in 1900, is one of the United States’ oldest nonprofit organizations. Its mission statement says that the Red Cross “prevents and alleviates human suffering in the face of emergencies by mobilizing the power of volunteers and the generosity of donors.” Since its inception, its goal has been to serve members of the armed forces and provide aid during disasters.

The Red Cross is located in 192 countries and operates the largest network of volunteers in the world. This 501(c)(3) organization is segmented into three divisions: the National Red Cross and Red Crescent Societies, the International Federation of Red Cross and Red Crescent Societies, and the International Committee of the Red Cross.

The National Red Cross and Red Crescent Societies include the American Red Cross. They aim to relieve human suffering globally by empowering subordinate organizations to operate within their nation’s borders to provide disaster relief, education, and other related services.

The International Federation of Red Cross and Red Crescent Societies provides global humanitarian aid during peacetime, such as assisting refugees. The International Committee of the Red Cross provides humanitarian relief for people who are affected by war or other armed conflicts.

Individuals who itemize their tax deductions can contribute to the Red Cross and claim the amount donated as a deduction. Taxpayers who use the standard deduction could still claim up to $600 of their 501(c)(3) contributions as a tax deduction in 2021 but this tax provision has expired.

The Bottom Line

501(c)(3) organizations are nonprofit groups with a dedicated mission. Most people are familiar with them as churches and charities but they also include private foundations. They receive favorable tax treatment, such as avoiding federal income and unemployment taxes, as long as they operate to support their mission.