NY Form 5768 2016-2025

NY Form 5768: What You Should Know

If the applicant for an election of exempt purposes intends the organization to engage in public advocacy in compliance with Section 501(c)(3) of the Internal Revenue Code, the applicant shall complete and file this form within 5 days of application to the Treasury for the annual election. 2. The form sets forth the applicant's intent and the facts regarding the applicant's intent. 3. If the applicant intends the organization to carry out lobbying activities exclusively to further the purposes of section 501(c)(3), the form must contain: the filing name of the organization; the filing address of the organization; the filing street and city; and the filing ZIP code. 4. The form specifies the period during which the application will be considered complete. If the term is not limited, the period shall be limited according to the period of time from receipt of the application until the earliest of: (a) The filing of the organization with the United States Attorney General; (b) The filing of the organization with the Internal Revenue Service if the organization has not completed the filing requirements in the year of filing; or (c) The date that the organization shall have no more than 7 years of existence or a lesser period of existence, as determined by the regulations prescribed by the Internal Revenue Service or approved by the Department of the Treasury. If the period of existence is less than 7 years, the amount of time during which the organization shall have no more than 7 years of existence shall be equal to the period of existence divided by 7.  5. If this form has been used to elect the expenditure test, the applicant must send the completed form by the end of the period for which the annual election is to be valid. The applicant must return to the Treasury and the form within 5 days of the date that the application will be considered complete unless the applicant establishes that the date of the return was after the earliest of: (i) The filing with the United States Attorney General or the Internal Revenue Service required by paragraph (a), paragraph (b), or (c) of 5 of this form. (ii) The expiration of the annual election period, if the annual Election  Test has been revoked, unless the expiration date was after the date of the submission required by paragraph 2 of Form 5768. (iii) The expiration of the period beginning on the date that the Secretary of State was notified of the organization's dissolution by the Secretary of State.

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