You are here:

Nonprofit Law/dissolution of a 501 (c) 3 charity

Advertisement


Question
What happens to the assets(property,cash etc.) when a 501 (c) 3 corporation is dissolved?  Thanks

Answer
In order to have obtained IRS exemption determination, a 501(c)(3)
organization would have had to have the IRS required clauses in its
Articles of Incorporation as discussed starting on page 26 at
"Organizational test" at:
www.irs.gov/pub/irs-pdf/p557.pdf

Some variation is allowed by the sample dissolution clause is on
page 77
---Start of Excerpt--
Sixth: Upon the dissolution of the corpora-
tion, assets shall be distributed for one or more
exempt purposes within the meaning of section
501(c)(3) of the Internal Revenue Code, or the
corresponding section of any future federal tax
code, or shall be distributed to the federal gov-
ernment, or to a state or local government, for a
public purpose. Any such assets not so dis-
posed of shall be disposed of by a Court of
Competent Jurisdiction of the county in which
the principal office of the corporation is then
located, exclusively for such purposes or to such
organization or organizations, as said Court
shall determine, which are organized and oper-
ated exclusively for such purposes.
---End of Excerpt--

You should look at your Articles of Incorporation which might have
some variation.

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.

Nonprofit Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


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.


©2016 About.com. All rights reserved.