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Tax Laws Fundraising 101

17 years 2 months ago #136277 by JHB
Replied by JHB on topic RE: Tax Laws Fundraising 101

WOWMOM;136273 wrote: Any idea where I might find this defintion of "days"? I have gone over the Colorado Revised Statutes and nothing.


I'd simply call or email that department and ask some questions. Usually those folks are very helpful.
17 years 2 months ago #136273 by WOWMOM
Replied by WOWMOM on topic RE: Tax Laws Fundraising 101
Any idea where I might find this defintion of "days"? I have gone over the Colorado Revised Statutes and nothing.
17 years 2 months ago #136272 by WOWMOM
Replied by WOWMOM on topic RE: Tax Laws Fundraising 101
Thank you
17 years 2 months ago #136271 by JHB
Replied by JHB on topic RE: Tax Laws Fundraising 101
I checked your profile and saw you are from Colorado. Here's an excerpt on your state limitations. My guess would be that someone along the line has miscontrued this - thinking you run ONE sales fundraiser for about two weeks and that eats up your alloted days. It's like the old game of gossip or telephone, the message gets more and more garbled as it gets pushed down the line.

SALES BY CHARITABLE ORGANIZATIONS
Charitable organizations which hold IRS section 501(c)(3) qualification letters and have a Colorado exemption certificate may be exempt from collecting sales tax during fund raising events.

If the charitable organization conducts sales for a total of 12 days or less during a calendar year and the net proceeds from all these events do not exceed $25,000 in that calendar year, the sales are not subject to sales tax. [Net proceeds is total gross events receipt(s) less expenses attributable to the event(s).] As soon as the organization reaches either $25,000 in net proceeds, or conducts sales for more than 12 days a year it must obtain a sales tax license from the department and begin collecting sales tax. [§39-26-718 C.R.S.]

Charitable organizations should contact their local government to find out if a similar exemption is allowed for local taxes. For local tax rates in cities and counties where the state administers the tax, organizations may refer to the publication "Colorado Sales/Use Tax Rates" ( DRP 1002 ).

If the local jurisdiction is a state-collected tax jurisdiction that does not allow the exemption, the charitable organization should obtain a Colorado sales tax license so that the organization can report and pay local tax to the department.


You do need to do some research into what they means by "days". For instance here in Texas, the day the fundraising money is due is the only one that counts. (Then again, ours is worded differently, limiting us to two events.)

But regardless, if you exceed your 12 days of fundraising, you just need to collect and remit sales tax. It's very easy.

Important note - if you do get to the point where you are paying sales tax, you need to educate yourself on what is taxable in your state. Not everything is and you don't want to pay taxes you don't owe.

More info: revenuestateco.custhelp.com/cgi-bin/reve...EwJnBfcGFnZT0x&p_li= =
17 years 2 months ago #136270 by JHB
Replied by JHB on topic RE: Tax Laws Fundraising 101
No, there is absolutely no such law regarding being a 501(c)(3).

Where there might be a limitation could be:

1) your school might have a policy about how many sales fundraisers are allowed that involve the children as sellers

2) your state might have a limitation of how many fundraisers you can have that are exempt from state/local sales tax. You could still have as many fundraisers as you want, just not tax-free. For instance, in Texas a charitable organization is allowed two tax free fundraisers. For something like a sale that spans a week or two, it's counted as one event based on the due date. Organizations naturally choose their two biggest events as their tax free ones and simply remit tax on others, perhaps such as t-shirt sales.

What state are you in?
17 years 2 months ago #136269 by WOWMOM
As an incoming co-president I have been told over and over that by law we can only have 1 fundraiser per year that makes money. We are a 501 (c)(3). I have looked and looked and can not find where the IRS Code states this. Not one of these people telling me this can tell me where to find it. Can anyone help me and tell me where I can find this reg?

Thank you
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