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Nonprofit Law/Regarding Foreign activities

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Question
Hello Sir,

We, group of friends planning to start a charitable organization. Can we spend charity money from this organization for charity activities(truly charity) in foreign countries like India. Do we need to register a non-profit organization in India also? or we can do charity work anywhere in the world? Can you please advice on this?

Thanks!

Answer
See the IRS publication at
http://www.irs.gov/pub/irs-wd/0504031.pdf for details about
international grants to and international activities of U.S. exempt
organizations, and, especially page 3-4 about grants to foreign
organizations starting on page 3 at "Deductibility - Control
Rules".

You do not need to register a nonprofit in India also.  www.ustreas.gov/offices/enforcement/ofac/programs
has the list of countries that the U.S. Treasury Department has on
its sanctions list and, if you are dealing with parties in any of
the listed countries, you would need to review the details as to
whether you would be able to send or receive funds from persons in
those countries. India is not on that list.

Harvey Mechanic, Attorney at Law -
Harvey108@hotmail.com

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic

Expertise

I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at Harvey108@hotmail.com I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "site:allexperts.com/q/nonprofit" without the quotes and then add your search terms before hitting enter.

Experience

I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.

Education/Credentials

B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.


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