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God said..., the IRS said...Follow

#1 May 22 2009 at 4:59 AM Rating: Good
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The plot thickens:

The Portland Diocese is backing a citizens referendum to repeal the marriage equality law recently signed by Maine's Gov. (see Nexa's post).

Now a group out of Cali called Empowering Spirits has filed a complaint with the IRS that the Portland Diocese is abusing it's tax exempt status by engaging in bi-partisan lobbying.

Don't many non-profits lobby?

STORY
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#2 May 22 2009 at 5:35 AM Rating: Excellent
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Elinda wrote:
Don't many non-profits lobby?
Yeah, but not as religious organizations. The premise of the church's tax exempt status is that they are a church. In other words, on the slip of paper they sent the IRS, under "reason why you don't have to pay taxes", they wrote "Because we're a church".

If they start acting as a political organization (attempting to influence specific legislation rather than wider social issues) then they're no longer really a church in the eyes of the government and their supposed reason on file with the IRS becomes void. They could restructure as a political organization but I believe that comes with greater restrictions.

That's my understanding, anyway. I am not a tax laywer.
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#3 May 22 2009 at 5:39 AM Rating: Excellent
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They can lobby, but only with a certain percentage of their budget...I'm not sure what that amount is. They're also not allowed to officially support any particular candidate, I believe.

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#4 May 22 2009 at 5:46 AM Rating: Good
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Link said under 10% of their budget.


Yep, that's pretty much all I had to contribute to this thread.
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#5 May 22 2009 at 5:48 AM Rating: Excellent
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Nexa wrote:
They can lobby, but only with a certain percentage of their budget...I'm not sure what that amount is. They're also not allowed to officially support any particular candidate, I believe.
I believe it's candidate or specific legislation. So the church can say "You should use your vote to help stop the tragedy of abortion" but can't say "Vote Yes on Prop 6". I could be wrong.
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#6 May 22 2009 at 6:15 AM Rating: Decent
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Tax code sets limits on lobbying expenditures necessary to qualify as tax exempt.

http://www.law.cornell.edu/uscode/uscode26/usc_sec_26_00000501----000-.html#h_5

Section 501(h) of the tax code wrote:
(h) Expenditures by public charities to influence legislation
(1) General rule
In the case of an organization to which this subsection applies, exemption from taxation under subsection (a) shall be denied because a substantial part of the activities of such organization consists of carrying on propaganda, or otherwise attempting, to influence legislation, but only if such organization normally—
(A) makes lobbying expenditures in excess of the lobbying ceiling amount for such organization for each taxable year, or
(B) makes grass roots expenditures in excess of the grass roots ceiling amount for such organization for each taxable year.


EDIT: And yes it's a lot more complicated than the quoted section might imply.

Edited, May 22nd 2009 10:16am by Ahkuraj
#7 May 22 2009 at 2:12 PM Rating: Decent
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Now a group out of Cali called Empowering Spirits has filed a complaint with the IRS that the Portland Diocese is abusing it's tax exempt status by engaging in bi-partisan lobbying.


Stupid. One, it will do nothing to stop the money getting to the organizers, Two, martyring the church isn't the best way to avoid large anti-gay turnout for an otherwise barely participated in election cycle.
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