Form 5768 online LA 2016-2025

Form 5768 online LA: What You Should Know

A 501(h) organization is authorized under the Internal Revenue Code to engage in all activities designed to promote social welfare by educating the public and governmental officials on the organization's activities and policies, or to influence policy, law, or regulation in the conduct of such activities. The National Council of Nonprofits (NON) is the national governing body of nonprofit organizations. It represents the interests of NON members, a select group of more than 100 of the nation's leading nonprofit organizations, and their affiliates and representatives in all matters relating to NON matters. The National Council of Nonprofits (NON) represents NON members and their affiliates and representatives by conducting the national governance of NON and supporting the day-to-day implementation of the mission. The Council provides guidance on NON policies, develops NON strategic directions, and monitors the Council's execution of its strategic direction. The Council comprises four voting members, all of whom serve on a non-voting basis. Section 4980E of the IRS Code authorizes organizations to spend up to 50 percent of the gross receipts from fundraising, including fees and similar monies, for lobbying activities. Section 4980E does not apply to lobbying activities under the Federal Government, including lobbying activities relating to issues affecting a single Member of Congress and Members of the U.S. Executive Branch. Therefore, all 501(h) organizations that are exempt under Section 501(c)(3) of the Internal Revenue Code are not prohibited by statute from engaging in political activity. There is no limit on the amount that a nonprofit organization can spend in any year on lobbying; however, Section 4980E may limit the amount of political activity that can be funded by the Federal Government during any year. Thus, a 501(h) organization that undertakes lobbying activities in an election year, will be limited, in order to properly evaluate its campaign status, to 50 percent of its gross receipts. Election year lobbying spending does not count against the 50 percent rule. Nonprofit candidates must still disclose a list of the organizations they have hired for campaign or political purposes; see 26 U.S.C. § 6103. The term “nonprofit candidate” includes a nonprofit's officers, directors, employees, and any third-party vendor who provides direct or indirect financial or material support to the nonprofit.

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