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The Texas Application for Exemption is a form utilized by nonprofit religious organizations to seek exemption from certain state taxes, including sales tax, hotel occupancy tax, and franchise tax. To qualify for this exemption, an organization must demonstrate that it is an established group with regular meetings for religious worship at a specific location. It is important to note that not all organizations with religious activities will meet the criteria set forth in Texas law for this exemption.

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The Texas Application for Exemption form is a crucial document for nonprofit religious organizations seeking tax relief in the state. This form allows eligible organizations to apply for exemptions from Texas sales tax, hotel occupancy tax, and, where applicable, franchise tax. To qualify, an organization must be a structured group that regularly meets at a designated location for the primary purpose of conducting religious worship services according to its beliefs. Notably, federal tax exemption is not a prerequisite for state tax exemption. The Texas Tax Code outlines specific sections that provide these exemptions, and organizations should familiarize themselves with the relevant Comptroller’s Rules for detailed guidance. However, not all religiously affiliated organizations qualify; for instance, evangelistic associations and groups that primarily support religious activities without a formal worship structure do not meet the criteria. Additionally, while organizations with a federal tax exemption under specific sections of the Internal Revenue Code may qualify for state tax exemptions, they remain liable for hotel occupancy tax. The application process requires organizations to submit supporting documentation, and the Comptroller's office processes applications in the order they are received. Organizations should be prepared for potential audits to verify their exempt status. For further assistance, contact information is readily available, ensuring that applicants have the resources they need to navigate this important process.

Dos and Don'ts

Things to Do:

  • Ensure all required fields are completed accurately and clearly.
  • Attach necessary supporting documents as specified in the application instructions.
  • Type or print the application to maintain legibility.
  • Double-check that all staples are removed from the application before submission.

Things Not to Do:

  • Do NOT write in shaded areas of the form.
  • Avoid submitting the application without the required supporting documentation.
  • Do NOT use a P.O. Box for the physical address where worship services are conducted.
  • Do NOT provide incomplete or vague information about your organization’s activities or purpose.

Get Answers on Texas Application Exemption

What is the Texas Application for Exemption form?

The Texas Application for Exemption is a form that nonprofit religious organizations can use to request exemption from certain state taxes, including sales tax, hotel occupancy tax, and franchise tax. To qualify, the organization must be a group that regularly meets for religious worship at a specific location.

Who qualifies for exemption as a religious organization?

To qualify for exemption, an organization must meet specific criteria. It should be an organized group of people with an established congregation that conducts religious worship services. Importantly, organizations that primarily support religion but do not conduct worship services, such as Bible study groups or prayer groups, typically do not qualify. Additionally, evangelistic associations are not eligible for this exemption.

What if my organization has federal tax exemption?

If your organization has been granted federal tax exemption under certain sections of the Internal Revenue Code, you may still qualify for a state exemption. This applies to organizations exempt under sections like 501(c)(3) or 501(c)(4). However, keep in mind that this federal exemption does not extend to hotel occupancy tax.

How do I submit the application?

You can submit your completed application along with any required documentation in several ways:

  • By mail to the Texas Comptroller of Public Accounts, Exempt Organizations Section, P.O. Box 13528, Austin, Texas 78711.
  • By fax at (512) 475-5862.
  • By email at exempt.orgs@cpa.texas.gov.

Ensure that you include all necessary information and documentation to avoid delays in processing.

What happens after I submit the application?

Once your application is received, it will be processed in the order it was submitted. Additional information may be requested to establish the claimed exemptions. After reviewing your application, you will receive written notification regarding your organization's exemption status.

Can my organization be audited after receiving the exemption?

Yes, the Comptroller or an authorized representative may audit your organization’s records at any time during regular business hours. This is to verify that your organization maintains its exempt status. Keeping accurate records is important to ensure compliance with state regulations.

How to Use Texas Application Exemption

Completing the Texas Application for Exemption is an essential step for nonprofit religious organizations seeking tax exemptions. After you fill out the form, you will need to submit it along with the required documentation. The Texas Comptroller will review your application and notify you about your exemption status. Here are the steps to fill out the form:

  1. Provide the Organization Name: Enter the legal name as stated in your Articles of Incorporation or governing document. Remove all staples from the application.
  2. Fill in the Mailing Address: Include the street number, P.O. Box, city, state, ZIP code, and county.
  3. Texas Taxpayer Number: If applicable, provide your Texas taxpayer number.
  4. Filing Information: Enter the file number issued by the Texas Secretary of State or the filing date. Check the box if your organization is not registered with the Secretary of State.
  5. Federal Employer Identification Number (FEIN): This is required if applying for exemption based on federal exemption.
  6. Average Attendance: Indicate the average attendance at worship services. If less than 50, note the number of families represented.
  7. Select Primary Purpose: Choose one option that best describes your organization's primary purpose, such as religious worship services or ministry.
  8. Worship Service Details: Provide the date of the first worship service, time, and frequency of services.
  9. Physical Address: Enter the physical address where worship services are conducted (no P.O. Box).
  10. Contact Information: Fill in the name, email address, organization name, daytime phone number, and mailing address of the person submitting the application.
  11. Supporting Information: Depending on your organization type, provide the necessary supporting documents as outlined in Section B of the application.

Once you have completed the form and gathered the required documents, you can submit everything by mail, fax, or email. Ensure that all information is accurate and complete to avoid delays in processing your application.

Common mistakes

When filling out the Texas Application for Exemption form, many people make common mistakes that can delay the approval process. One frequent error is failing to provide the correct legal name of the organization. This name should match exactly as it appears in the Articles of Incorporation or other governing documents. If there are discrepancies, it can lead to confusion and a rejection of the application.

Another mistake involves incomplete or incorrect contact information. It’s essential to provide a valid email address and phone number. If the Texas Comptroller's office cannot reach the applicant for additional information or clarification, it could result in a delay or denial of the exemption. Always double-check that the information is accurate before submitting.

Some applicants neglect to include required supporting documentation. This is a crucial step. For instance, if your organization is part of a larger denomination, you must attach a letter from the parent organization confirming your affiliation. Without this documentation, your application may be returned, causing unnecessary delays.

Additionally, applicants often select the wrong primary purpose for their organization. The form requires a single selection, and choosing incorrectly can lead to confusion about the organization's mission. Ensure that the purpose aligns with the activities your organization primarily conducts. Misclassification can jeopardize the exemption status.

Lastly, some people overlook the importance of providing the average attendance at worship services. This detail is necessary to demonstrate the organization's active participation in religious activities. If the average attendance is below 50, applicants must also indicate the number of families represented. Missing this information can result in a lack of clarity regarding the organization’s operational status.

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