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Printable Form Publication 501 New Hampshire: What You Should Know

But they must know the rules because they must take tax-free amounts out of the “local” portion of their own tax liability. For example, property tax bills from a non-Section 501(c)(3) nonprofit may include a provision that a Section 501(c)(3) nonprofit may only use the property for exempt purposes. The amount of property tax is generally based on fair market rental cost. Some local governments offer non- Section 501(c)(3) organizations a “preferential use” of property (usually in exchange for a promise to not go after the nonprofit's income). The tax incentives for preferential use can be substantial. “The state of New Hampshire has a policy of not using its tax dollars to prosecute or penalize religious groups or religious organizations,” says Steve Vladek, professor of law and senior researcher at the Center for Immigration Studies, a Washington, D.C., think tank. The state also has a constitutional right to keep taxes low. These factors might have something to do with the fact that property-focused non- Section 501(c)(3) organizations have a more successful track record than property-focused 501(c)(4) and 501(c)(5) groups when it comes to not committing crimes. For property-focused non- Section 501(c)(3) organizations that go back 25 years to when Section 501(c)(3)'s actually were first started here, state law required them to show that they operated according to “objective” standards, says Jim Leach of the N.H. Association of Non-Federal Tax-Grant-Making Private Foundations. The first of these standards was public service. A second was charitable. These standards became law in 1986. “This is the right policy: it's supposed to reward good public service, charitable work,” Leach says. Non-Section 501(c)(3) organizations in the state were not as transparent with their charitable activities as they would have liked, he says, so a bill was passed in the 1990s requiring private foundations to show the extent of their charitable work by showing tax returns. “Public-private partnerships have come about as a result of this law,” Leach says. “They are a mechanism for giving the public information that they need about where they are giving money. They are not being asked to do it, but they can.

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