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Modesto California Form 990 or 990-EZ - Schedule N: What You Should Know
The California law contains a number of new and relevant questions, notably: Can an organization be an authorized state nonprofit? Can an organization be exempt due to political activity? Can an organization have an elected board of directors? Can state employees be members of the board of directors? Can an organization that uses tax-exempt funds to pay the salaries of certain officers, directors, and employees be required to report the salaries to the state? The answers to all the questions that were answered in the previous paragraph above are: Yes. Any public institution that operates as a corporation or business entity in California, including a California nonprofit corporation, can be considered a non-profit. In addition, for state-chartered public institutions, whether an annual report is filed will be based on a public statement of purposes filed under Cal. Govern. Code § 6254(c), which generally requires a report to be filed annually within 180 days, along with any necessary report forms or schedules. If a report is to be filed, any other financial information not covered in the public statement need be made available to the public by filing a Form 990-EZ with the appropriate state attorney general or state board of director for that state's tax purposes. The organization must be authorized by the California Department of Corporations or the California Department of Insurance to do business in California, and the statute also specifies that non-profits cannot engage in political activity. However, political activity may be expressly permitted based upon certain conditions. A person can be a state nonprofit if the person: 1. Is organized and operated exclusively for religious, charitable, scientific or educational purposes, or for the promotion of public health, safety or morality; 2. Is organized and operated exclusively for those purposes and is exempt (including an organized and operated for-profit entity) under the laws of the state or from those laws; or 3. Is an authorized state nonprofit pursuant to an agreement with the state that provides that the organization will not engage in political activity or that its purposes are consistent with those of other authorized state nonprofit organizations within the commonwealth. Non-profits organized and operated only for educational purposes are also authorized to engage in educational activities, but if those activities are not consistent with the commonwealth's educational agenda the education activity may not be regarded as political or political activity for purposes of the exemption. The public statement of purposes must be on an annual and current basis.
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