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Form 13909 for Santa Clara California: What You Should Know
As you may have read in the media over the past year, the IRS is investigating if the Church of Scientology is a tax-exempt organization. It's true the American legal rules state that the IRS can't assess taxes. This means that if a Church has been declared a tax-exempt organization by the IRS, then it's completely legal to donate or make a donation to the church and the organization doesn't have to pay taxes or even have a taxable income. But if a church is being investigated by the IRS, it can't be exempt legally because the tax laws don't allow for any “off-takings” of property. That means that if the IRS or a court decides that a church is a tax-exempt organization without the approval of Congress, the church, as an organization, is under audit. The church has been audited over the past several years for its business transactions. The IRS will most likely look at the organization's financial accounting and may require the audited church to prove that it doesn't have other tax-exempt entities making donations. This may result in the audited church paying taxes on those donations. The problem is that the law forbids the IRS or any court from taking any action that “will or is intended to deprive a church of a tax exemption.” That means if a Church has been audited, and it has a tax-exempt entity making donations, the IRS or a court has not been instructed not to tax those donations. So what's the next step for a church to make sure that donations are tax-deductible? The answer is to get a tax-exempt organization designation. The Church has a Tax Exempt Organizations (TE) program, and that's the only way that most charities work with them to be exempt from tax. There are many requirements for a TE. You MUST have a letter of good standing from your local city and state, and you MUST not have taken any unlawful actions. What makes a group exempt means anything from whether you have taken any courses from Scientology or a course in order to achieve Scientology training, the amount of donations that are made and all the various forms of documentation.
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