| To be exempt under Internal Revenue Code section 501(c)(19), an
organization must be either (A) a post or organization of past or
present members of the United States Armed Forces (USAF); (B) an
auxiliary unit or society of such post or organization; or (C) a trust
or foundation for such post or organization. A veterans’ post or
organization must meet the following requirements to be exempt under
section 501(c)(19):
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It must be organized in the United States or any of its possessions.
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At least 75 percent of its members must be past or present members
of the USAF.
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At least 97.5 percent of its members must be--
(a) present or former members of the USAF;
(b) cadets (including only students in college or university ROTC
programs or at Armed Services academies); or
(c) spouses, widows, widowers, ancestors, or lineal descendants of
individuals referred to in (a) or (b).
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It must be operated exclusively for one or more of the following
purposes:
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to promote the social welfare of the community (i.e., to promote
the common good and general welfare of the people of the
community);
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to assist disabled and needy war veterans and members of the USAF
and their dependents, and the widows and orphans of deceased
veterans;
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to provide entertainment, care, and assistance to hospitalized
veterans or members of the USAF;
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to carry on programs to perpetuate the memory of deceased veterans
and members of the USAF and to comfort their survivors;
- to conduct programs for religious, charitable, scientific,
literary, or educational purposes;
- to sponsor or participate in activities of a patriotic nature;
- to provide insurance benefits for members or their dependents;
or
- to provide social and recreational activities for members.
- No part of its net earnings may inure to the benefit of any
private shareholder or individual.
An organization may be exempt under section 501(c)(19) as an
auxiliary unit or society of a veterans’ post or organization if it
meets the following requirements:
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It is affiliated with, and organized in accordance with the bylaws
and regulations of, a veterans’ post or organization described
above.
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At least 75 percent of its members are veterans, spouses of
veterans, or related to a veteran within two degrees of
consanguinity (i.e., grandparent, brother, sister, grandchild,
represent the most distant allowable relationships).
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All of its members are either members of a veterans’ post or
organization described in (A) above, or spouses of a member of such
post or organization, or are related to a member of such post or
organization within two degrees of consanguinity.
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No part of its net earnings inures to the benefit of any private
shareholder or individual.
An organization may be exempt under section 501(c)(19) as a trust or
foundation for a veterans’ post or organization if it meets the
following requirements:
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It is valid under local law and, if organized for charitable
purposes, has a dissolution provision described in section
1.501(c)(3)-1(b)(4) of the Income Tax Regulations.
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The corpus or income cannot be diverted or used other than to fund a
veterans’ post or organization for charitable purposes or as an
insurance set-aside.
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The trust income is not unreasonably accumulated.
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It is organized exclusively for one or more of those purposes
enumerated above for which a veterans’ post or organization itself
may be organized.
Note: For taxable years beginning on or before
November 11, 2003, slightly different membership requirements apply
under section 501(c)(19). |