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I don't know our tax status! Help!

18 years 10 months ago #60314 by writermom
Thanks for the advice. Even though the principal told me the PTO is a 501c3, I'm seeing signs that we are not. I personally think we should be, so I will have to get the rest of the members to agree. I'm just wanting to make sure we aren't doing anything wrong/ illegal here.
18 years 10 months ago #60313 by pals
writer's mom mum24kids gave you some good advice, you should stop using the school's number, get your own ein number (very simple) and then if your group feels the need incoporate and go 501. Alot of schools around here think they are seperate from their school when in reality they are not, sometimes school also do not want their group to be seperate but in my opinion I think when it comes to banking stuff if should be seperate from your school. It doesn't mean you can't help fund your school just need to do it in different ways. it is alot to think about, our group was a year old when we incoporated and got 501c status, in the long run it has saved us alot of money.

"When you stop learning you stop growing."
18 years 10 months ago #60312 by mum24kids

I have discovered that the number I was told was our tax ID number is actually the district's tax exempt number from the state--two totally different things, I believe?

Probably. There's a Federal tax "employer identification number" (EIN) which is given by the IRS, to all kinds of organizations. And then many states have a tax exemption number they provide that shows you are exempt from collecting/paying sales taxes to that state.

So the number I have been putting on solicitation letters for our silent auction gives the district's tax exempt number, not a tax ID number.

Are you sure you are even a separate organization from the school? Many of us on here are separate, but there are also many who are not--all their funds run through a school district account and are subject to school district regulations. You might want to poke around some other PTOs in your district and find out what their status is; that could help you.

My understanding is that a school cannot have 501c3 status, and therefore cannot have a tax ID number--is this correct?

Public schools (assuming that is what you are talking about) are tax-exempt, but I believe it falls under a different section of the IRS code than organizations like PTOs/PTAs. I'm not sure what section does cover that, though. (Someone who is more knowledgeable about Federal tax exemption of pubic school can feel free to jump in here....) But public schools can still have a tax ID number. A tax ID number is just an identifier; it is not an indication of tax-exempt status.

What's going to happen when these companies try to take their donation as a deduction at tax time with our tax exempt number?

Nothing. Many companies write this stuff off as a marketing expense, not a charitable contribution, anyway. It's a legitimate business expense. But, if what you have been giving out is the district's state sales tax exemption number, you should stop, because that's just really not relevant to what you are doing.
18 years 10 months ago #60311 by writermom
Ok, I have discovered that the number I was told was our tax ID number is actually the district's tax exempt number from the state--two totally different things, I believe? So the number I have been putting on solicitation letters for our silent auction gives the district's tax exempt number, not a tax ID number. My understanding is that a school cannot have 501c3 status, and therefore cannot have a tax ID number--is this correct? What's going to happen when these companies try to take their donation as a deduction at tax time with our tax exempt number?
18 years 10 months ago #60310 by mum24kids
Start here:
www.irs.gov/charities/article/0,,id=96136,00.html
and see if you can find the EIN listed in Publication 78. If not, then call the IRS at 877-829-5500, and they should be able to tell you who the number belongs to/if it's tax-exempt.
18 years 10 months ago #60309 by writermom
Hi all,
I've been doing a lot of reading since finding this board and as the new VP this year, I am curious about our by-laws. I have asked the current prez and principal for a copy but have received no answer. Today I asked the past pres, who was pres when the school started 6 years ago. She has never seen a copy of the by laws, nor our tax exempt letter, and doesn't know what our tax status is. I have our tax ID number but I don't know if it is ours or the school's. How do I get this information? Can I get it without going through the pres and principal? And how important is it really? I've already made some waves with my *radical* ideas, like having a monthly written financial report, so I'm not sure how lightly I should tred here, or if I should drop it entirely. I'd appreciate any advice you PTO veterans have.
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