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What Happens Before Exempt Status Is Recognized?
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What Happens Before Exempt Status Is Recognized?

An organization that claims tax-exempt status under section 501(a), but has not yet received an IRS letter recognizing exempt status, is generally required to file an
annual exempt organization return. If an annual return is due before the organization has submitted its application or while the organization’s application for recognition of exempt status is pending (including any appeal of a proposed adverse determination), the organization must file the return (including all applicable schedules and attachments) at the following address:

Department of the Treasury
Internal Revenue Service Center
Ogden, Utah 84201-0027

If the organization’s principal business, office, or agency is located in a foreign country or U.S. possession, mail to:

Internal Revenue Service Center
P.O. Box 409101
Ogden, Utah 84409

Indicate that exempt status is not yet recognized by checking the appropriate box on page 1 of Form 990 or 990-EZ.

Like other exempt organization annual returns, a return filed before exempt status is recognized is subject to public disclosure.

If an organization has unrelated business income of more than $1,000, it must also file Form 990-T, Exempt Organization Business Income Tax Return.

Your organization must comply with other tax law requirements applicable to tax-exempt organizations. See Publication 557, Tax Exempt Status for Your Organization, for more information.

When is an organization’s tax-exempt status effective?

If an organization files its application for recognition as a tax-exempt organization within 27 months of the date of its incorporation or formal organization, then exemption, if granted, will be effective as of the date of its incorporation or formal organization.

If an organization files for exemption after 27 months from the date of incorporation or formal organization, then exemption, if granted, will be effective from the postmarked date of the application for exemption.

Additional information

Tax Law Compliance Before Exempt Status Is Recognized – Private Foundations

DISCLAIMER: This information is not intended to provide legal or accounting advice,
or to address specific situations. Please consult with your legal or tax advisor to supplement and verify what you learn here.