Yes, we all have to pay taxes.  However, war veterans in non-profit groups (501[c][19]  entities) do not have to pay taxes on non-taxable income.

The IRS has to know what you are doing during the year and you have to tell them.  If you have no taxable income, it is easy.  You submit a Form 990 (electronically in most cases, because your post just doesn’t generate much wealth).  Here is where many posts fail.  They assume that if they did not earn  enough income to report it, it  does not have to.  That changed several years ago.  Your post must now file a report EACH YEAR.  There are No exceptions.

To make this process simple, the IRS lets posts submit their report electronically or by using Form 990-N.  The 990-N is just a simple post card!

Failure to do so puts your post at risk.  The IRS can, and will, pull your tax exempt status.  If you don’t have that status, you cannot hold an  American Legion Charter. Here is the latest information as provided by the Department Judge Advocate:

• The Department Judge Advocate has prepared an article covering the requirements that are still to be corrected by each post. As an example, we still have 71 posts that have not filed the 990-N form for the IRS. IRS now will not honor posts where their EIN number is incorrect or tax documents haven been filed. The IRS now are requiring an IRS Form 1024 be filed to reinstate the post as a federally recognized  tax-exempt status organization. In District 12, we still have three posts that are have a problem in keeping their non-profit status. This problem needs to be addressed by all posts. We have to file the 990-N form for three years until the IRS accepts all posts as a non-profit.

Download these items, if you need to reinstate your post or if you would like to assist others with similar issues.

• Internal Revenue Service Bulletin 2011-25, Subj: Procedure to restore Tax-Exempt status
• IRS Form 1024; Application for Recognition of Exemption Under Section 501(a)

The form that has been prepared by Gaither Keener, Dept Judge Advocate, will posted on the District 12 web site. as soon as it is received.