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You are here: Experts > Real Estate > Tax Planning: U.S. > Nonprofit Law > school credit for unformed non-profit?
Expert: Harvey Mechanic
Date: 7/18/2008
Subject: school credit for unformed non-profit?
Question
QUESTION: Our nonprofit has not yet incorporated but we would like to have students do volunteer work for us in exchange for school credit. Would the lack of incorporating affect the students in their ability to get school credit or anything else or us badly in any way legally? If not, what proof of their work should we give them? Thanks!
ANSWER: This forum is only for federal tax questions regarding 501(c)(3) public charities as I have explained in my profile. It is not clear to me how old the students are and what school that they would be getting credits at. Does your organization run a school? If so, what grades? In any case, the IRS does not consider someone a volunteer if they are doing work in expectation of something of value in return.
Harvey Mechanic
Attorney At Law
Harvey108@hotmail.com
---------- FOLLOW-UP ----------
QUESTION: Sorry! I think the answers are that they would be college students doing volunteer work in the field of human rights which is what our organization does. I'm not sure, do you mean that they would be an employee because they are getting school credit and that would be something we have to declare on our taxes? Thanks!
Answer
Well, if you do not run the school then the school would decide if they can get school credit. You would need to check with the school as to your particular questions, i.e. Would the lack of incorporating affect the students in their ability to get school credit. That is not a concern of the IRS.
You are welcome.
Harvey Mechanic
Attorney At Law
Harvey108@hotmail.com
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