508c1a Verses 501c3

[Otoahhastis]

The Church want to be free and clear of the state, if a 508c1a has been filed. Why  would the filing be filed as a incorporation and not a church? Would that put the church back into the state?

[chay]

Yes. If a church incorporates in one of the United States(and you wrote from Georgia in the United States), then it has made a legally enforceable arrangement with the State. That answers your specific question, but the premise - that a "508c1a has been filed" is something that I don't understand. In fact, for an organization to be treated as a church by the Internal Revenue Service it needs to establish either a nonprofit corporation, unincorporated association or charitable trust and, if not a corporation, there needs to be no "filing". Note that the articles of organization would need to have certain clauses mandated by the IRS in order to be treated as a church.

You had, as your subject "508c1a verses 501c3". That is also not correct as § 508(c)(1)(a) refers only to 501(c)(3) organizations. That whole § 508 is entitled, "Special rules with respect to section 501(c)(3) organizations". https://goo.gl/WLiaTv

Harvey Mechanic

Attorney at Law [email protected]

P.S. This information is given for legal education only. It may not work for  your specific situation. It is not legal advice, and I am not your  lawyer. For me to consider your individual situation and how the law applies, I would need to gather more information. If you want to hire me, please use the email above to contact me directly.

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