One key point from class 1:
Not all nonprofits are 501(c)(3)s.
In the U.S., nonprofit status is typically defined under state law. New York, for example, defines a nonprofit corporation as a corporation . . .
(1) formed under this chapter, or existing on its effective date and theretofore formed under any other general statute or by any special act of this state, exclusively for a purpose or purposes, not for pecuniary profit or financial gain, for which a corporation may be formed under this chapter, and (2) no part of the assets, income or profit of which is distributable to, or enures to the benefit of, its members, directors or officers except to the extent permitted under this statute.
“501(c)(3),” however, refers to a section of the federal International Revenue Code. Section 501(c)(3) is part of a longer set of sections defining entities exempt from federal income tax. Organizations that meet the standards established under Section 501(c)(3) are commonly referred to as a charities. Here is section 501(c)(3):
(3) Corporations, and any community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports competition (but only if no part of its activities involve the provision of athletic facilities or equipment), or for the prevention of cruelty to children or animals, no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in subsection (h)), and
which does not participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.
Once again we need to be careful. It is possible that an entity recognized as a charity elsewhere (for example, under state or foreign law) may not be exempt under Section 501(c)(3). Likewise, it is not necessarily the case that an entity exempt from federal income taxes under Section 501(c)(3) will be tax exempt in other contexts.
