Can nonprofits engage in advocacy or lobbying efforts?
In general, according to the IRS, "no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status."
Whether a 501(c)(3) nonprofit's activities constitute a "substantial part" of their overall activities is ultimately up to the IRS to decide on a case-by-case basis. The IRS makes its determination based upon the amount of time spent (by both volunteers and staff), as well as the amount of money expended for such activities. Organizations that fail to meet the substantial part test and/or the expenditure test are at risk of losing their tax-exempt status and may be subject to excise taxes.
Keep in mind that 501(c)(3) nonprofits are strictly prohibited by the IRS from participating in campaigns for (or against) political candidates to public office. The IRS page on political activities explains this rule more thoroughly.
You will need to seek counsel from a legal consultant in the event that your organization has specific legal questions pertaining to these federal rules. For more information on locating legal help for your nonprofit, please see our Knowledge Base article, Where can I find technical assistance or a consultant for my nonprofit?
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Ask usStaff-recommended resources for this topic
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Lobbying
In general, no organization may qualify for section 501(c)(3) status if a substantial part of its activities is attempting to influence legislation (commonly known as lobbying). A 501(c)(3) organization may engage in some lobbying, but too much lobbying activity risks loss of tax-exempt status.
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IRS
Measuring Lobbying: Substantial Part Test
Whether an organization's attempts to influence legislation, i.e., lobbying, constitute a substantial part of its overall activities is determined on the basis of all the pertinent facts and circumstances in each case. Under the substantial part test, an organization that conducts excessive lobbying in any taxable year may lose its tax-exempt status, resulting in all of its income being subject to tax.
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The Restriction of Political Campaign Intervention by Section 501(c)(3) Tax-Exempt Organizations
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate running for office.
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Fieldstone Alliance
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OpenSecrets
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Discusses different types of groups that engage in political activity or lobbying.
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MapLight
MapLight is a nonpartisan, nonprofit organization that provides data on campaign finance and spending on lobbying.
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Helping the Good Do Better: How a White Hat Lobbyist Advocates for Social Change
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A Voice for Nonprofits
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