Legal Counsel > Frequently Asked Questions > Political Activity and Tax Status

Political Activity and Tax Status

The congregation must understand what political activity is permissible and what is not in order to maintain itself as a tax exempt organization.

501(c)(3) organizations are prohibited from certain political activity.  It is important to understand what political activities are strictly prohibited and what constitute permissible actions.  See the three references listed below for more information.

Examples of prohibited activities:

  • Contribution to candidates or campaigns
  • Direct endorsement of a candidate
  • Indirect activities that would clearly favor one candidate

Examples of permissible activities:

  • Voter guides/encourage voting
  • Debates
  • “Equal opportunity” speeches

Lobbying activities are not completely prohibited, but are limited. Test is whether a substantial part of the non-profit’s activities are to influence legislation. Most congregations do not exceed substantial part tests.

See IRS Publication 1828   and  IRS Revenue Ruling 2007-41  for more information and

Political and Lobbying Activities - (Adapted from IRS Publication 1828, Tax Guide for Churches and Religious Organizations - February 2004)

For additional helpful information, with examples, regarding political activity see also :

  for congregations
  for synods
  frequent questions
  legal resources
  office of the secretary

 

Contact the Office of the Secretary: 8765 West Higgins Road, Chicago, IL 60631 | 800.638.3522 ext. 2401
© Evangelical Lutheran Church in America.  Privacy Policy | Terms of Use | ELCA Home