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Can 501(c)(6) start a 501(c)(3)?

Your Legal Questions Answered

Can 501(c)(6) start a 501(c)(3)?

Our 501(c)(6) business association has taken on a local charitable cause. Can we form a wholly owned subsidiary that obtains 501(c)(3) status in order to solicit charitable grants and contributions?

You can't form a wholly "owned" subsidiary because no one "owns" a nonprofit organization. But you can form a wholly controlled subsidiary that can most likely apply for and obtain recognition of charitable exempt status under Section 501(c)(3) if it will be operated exclusively for charitable purposes. It is not unusual for an organization that is not a charity to control a charity. You will need to be careful to assure that the charity acts as a charity and about transferring funds between the organizations. Charitable money should not be used for trade association purposes.

Friday, March 28, 2008

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