Nonprofit Tax-Exempt Status Maintenance Annual Review
Tax-exempt status is the foundation of nonprofit operations and fundraising. This annual review ensures the organization meets all IRS requirements to maintain its 501(c)(3) status and identifies any activities that could jeopardize exemption.
- Industry: Nonprofit
- Frequency: Annually
- Estimated Time: 3-4 hours
- Role: Executive Director / Legal Counsel
- Total Items: 26
Form 990 Filing Compliance
Verify Form 990 filing is current.
- Form 990 filed on time (or extension obtained) for most recent fiscal year?
- Correct Form 990 version filed for organization size (990, 990-EZ, or 990-N)?
- Most recent 3 years Form 990 publicly available as required by IRS?
- Form 990 accurately reflects organizational activities and compensation?
- Form 990 reviewed by board before filing?
Exempt Purpose Activities
Verify activities serve exempt purposes.
- Primary activities clearly serving charitable, educational, religious, or scientific purposes?
- Any new programs or revenue streams reviewed for exempt purpose alignment?
- Any commercial activities reviewed to ensure they don't exceed allowable levels?
- Any joint ventures with for-profit entities reviewed for private benefit risk?
Private Benefit and Inurement
Verify private benefit and inurement compliance.
- No organizational earnings inuring to benefit of private individuals with substantial influence?
- Executive compensation established as reasonable based on comparability data?
- All related party transactions documented and reviewed by independent board members?
- No excessive benefits or unreasonable perquisites provided to insiders?
Unrelated Business Income Tax
Track and report UBIT.
- All potentially unrelated business activities identified and analyzed?
- Form 990-T filed if unrelated business gross income exceeded $1,000?
- Expenses properly allocated between related and unrelated activities?
- Corporate sponsorships reviewed to ensure qualified sponsorship payment treatment?
State Exemption Maintenance
Maintain state-level exemptions.
- State income tax exemption current in all states where operating?
- State sales tax exemption certificates current?
- Property tax exemption filings current for owned property?
- State tax exemption renewal filings completed on schedule?
IRS Compliance Monitoring
Monitor IRS compliance status.
- Annual check of IRS Tax Exempt Organization Search to verify current status?
- Original IRS determination letter and any amendments on file?
- Any IRS correspondence or inquiry responded to promptly with legal counsel?
- Any significant changes to mission, activities, or revenue sources reported to IRS if required?
- Annual legal compliance review with nonprofit attorney conducted?
Related Nonprofit Checklists
- Nonprofit Organizational Capacity Building Assessment
- Nonprofit Advocacy and Public Policy Compliance Audit
- Nonprofit Strategic Plan Development and Implementation
- Nonprofit Board Member Recruitment and Onboarding Checklist
- Nonprofit Volunteer Leadership and Team Leader Development
- Nonprofit Volunteer Safety Orientation and Training
- Nonprofit Program Partnership and MOU Management
- Nonprofit Special Event Revenue Compliance and Reporting
Related Governance Compliance Checklists
- Nonprofit Board Meeting Preparation Checklist - FREE Download
- Nonprofit Bylaws Annual Review and Compliance Audit - FREE Download
- IRS Form 990 Annual Filing Preparation Checklist - FREE Download
- State Charitable Registration and Renewal Compliance Checklist - FREE Download
- Nonprofit Executive Director Annual Performance Review - FREE Download
- Nonprofit Annual Conflict of Interest Disclosure Process - FREE Download
- New Nonprofit Board Member Orientation Checklist - FREE Download
- Nonprofit Board Governance Self-Assessment - FREE Download
- Nonprofit Whistleblower Policy Compliance and Implementation Review - FREE Download
- Nonprofit Annual Reporting and Compliance Calendar Audit - FREE Download
Why Use This Nonprofit Tax-Exempt Status Maintenance Annual Review?
This nonprofit tax-exempt status maintenance annual review helps nonprofit teams maintain compliance and operational excellence. Designed for executive director / legal counsel professionals, this checklist covers 26 critical inspection points across 6 sections. Recommended frequency: annually.
Frequently Asked Questions
What does the Nonprofit Tax-Exempt Status Maintenance Annual Review cover?
This checklist covers 26 inspection items across 6 sections: Form 990 Filing Compliance, Exempt Purpose Activities, Private Benefit and Inurement, Unrelated Business Income Tax, State Exemption Maintenance, IRS Compliance Monitoring. It is designed for nonprofit operations and compliance.
How often should this checklist be completed?
This checklist should be completed annually. Each completion takes approximately 3-4 hours.
Who should use this Nonprofit Tax-Exempt Status Maintenance Annual Review?
This checklist is designed for Executive Director / Legal Counsel professionals in the nonprofit industry. It can be used for self-assessments, team audits, and regulatory compliance documentation.
Can I download this checklist as a PDF?
Yes, this checklist is available as a free PDF download. You can also use it digitally in the POPProbe mobile app for real-time data capture, photo documentation, and automatic reporting.