the must do's and important don'ts of nonprofit advocacy (handout 1 of 5)
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Courtney Read Hoffman, Owner, CRH Capitol Communications and Jason Sabo, Founder, Frontera StrategiesTRANSCRIPT
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INSTRUCTIONS TO PRINTERSFORM 5768, PAGE 1 of 2 (Page 2 is blank)MARGINS: TOP 13mm (1⁄2 "), CENTER SIDES. PRINTS: FACE ONLYPAPER: WHITE WRITING, SUB. 20. INK: BLACKFLAT SIZE: 216mm (81⁄2 ") � 279mm (11")PERFORATE: (NONE)
Election/Revocation of Election by an EligibleSection 501(c)(3) Organization To Make
Expenditures To Influence Legislation
Form 5768(Rev. December 2004)
For IRSUse Only �
Department of the TreasuryInternal Revenue Service (Under Section 501(h) of the Internal Revenue Code)
Employer identification numberName of organization
Number and street (or P.O. box no., if mail is not delivered to street address)
City, town or post office, and state
Election—As an eligible organization, we hereby elect to have the provisions of section 501(h) of the Code, relating toexpenditures to influence legislation, apply to our tax year ending andall subsequent tax years until revoked.
1
(Month, day, and year)
Note: This election must be signed and postmarked within the first taxable year to which it applies.
Revocation—As an eligible organization, we hereby revoke our election to have the provisions of section 501(h) of the Code,relating to expenditures to influence legislation, apply to our tax year ending
2
(Month, day, and year)
Note: This revocation must be signed and postmarked before the first day of the tax year to which it applies.
Under penalties of perjury, I declare that I am authorized to make this (check applicable box) �
(Date)(Type or print name and title)(Signature of officer or trustee)
2. Section 170(b)(1)(A)(iii) (relating tohospitals and medical researchorganizations),
General InstructionsSection references are to the InternalRevenue Code.
3. Section 170(b)(1)(A)(iv) (relating toorganizations supporting governmentschools),
Section 501(c)(3) states that anorganization exempt under that sectionwill lose its tax-exempt status and itsqualification to receive deductiblecharitable contributions if a substantialpart of its activities are carried on toinfluence legislation. Section 501(h),however, permits certain eligible501(c)(3) organizations to elect to makelimited expenditures to influencelegislation. An organization making theelection will, however, be subject to anexcise tax under section 4911 if itspends more than the amountspermitted by that section. Also, theorganization may lose its exempt statusif its lobbying expenditures exceed thepermitted amounts by more than 50%over a 4-year period. For any tax year inwhich an election under section 501(h) isin effect, an electing organization mustreport the actual and permitted amountsof its lobbying expenditures and grassroots expenditures (as defined in section4911(c)) on its annual return requiredunder section 6033. See Schedule A(Form 990 or Form 990-EZ). Eachelecting member of an affiliated groupmust report these amounts for both itselfand the affiliated group as a whole.
For more details, see section 4911and section 501(h).
4. Section 170(b)(1)(A)(vi) (relating toorganizations publicly supported bycharitable contributions),
Note: A pr ivate foundation (including apr ivate operating foundation) is not aneligible organization.
5. Section 509(a)(2) (relating toorganizations publicly supported byadmissions, sales, etc.), or
Where To File.—Mail Form 5768 to theInternal Revenue Service Center, Ogden,UT 84201-0027.
6. Section 509(a)(3) (relating toorganizations supporting certain typesof public charities other than thosesection 509(a)(3) organizations thatsupport section 501(c)(4), (5), or (6)organizations).
Disqualified Organizations.—Thefollowing types of organizations are notpermitted to make the election:a. Section 170(b)(1)(A)(i) organizations
(relating to churches),
b. An integrated auxiliary of a church orof a convention or association ofchurches, or
c. A member of an affiliated group oforganizations if one or more membersof such group is described in a or bof this paragraph.
To make or revoke the election, enterthe ending date of the tax year to whichthe election or revocation applies in item1 or 2, as applicable, and sign and datethe form in the spaces provided.
Affiliated Organizations.—Organizationsare members of an affiliated group oforganizations only if (1) the governinginstrument of one such organizationrequires it to be bound by the decisionsof the other organization on legislativeissues, or (2) the governing board of onesuch organization includes persons (i)who are specifically designatedrepresentatives of another suchorganization or are members of thegoverning board, officers, or paidexecutive staff members of such otherorganization, and (ii) who, by aggregatingtheir votes, have sufficient voting powerto cause or prevent action on legislativeissues by the first such organization.
Eligible Organizations.—A section501(c)(3) organization is permitted tomake the election if it is not adisqualified organization (see below) andis described in:1. Section 170(b)(1)(A)(ii) (relating to
educational institutions),
Form 5768 (Rev. 12-2004)Cat. No. 12125M
Room/suite
ZIP + 4
election revocationon behalf of the above named organization.