§ 131F-3. Exemptions.

510 words·~2 min read·/nc/chapter-131f/131f-3

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The following are exempt from the provisions of this Chapter:

(1)Any person who solicits charitable contributions for a religious institution.

(2)Solicitation of charitable contributions by the federal, State, or local government, or any of their agencies.

(3)Any person who receives less than fifty thousand dollars ($50,000) in contributions in any calendar year and does not provide compensation to any officer, trustee, organizer, incorporator, fund-raiser, or solicitor. Compensation to any organizer or incorporator does not include professional fees paid to licensed attorneys or licensed accountants. A charitable organization may demonstrate to the Department that it receives less than fifty thousand dollars ($50,000) in contributions by providing any of the following:

a. A copy of its most recently completed and filed Internal Revenue Service Form 990 or Form 990-EZ or an applicable successor form.

b. A copy of the message confirming its submission of the Internal Revenue Service Form 990-N or an applicable successor form.

c. A copy of its budget for the current year that was approved by its governing board and that includes projected revenue and projected expenses.

d. A completed financial form developed by the Department.

e. Any other evidence satisfactory to the Department.

(4)Any educational institution, the curriculum of which, in whole or in part, is registered, approved, or accredited by the Southern Association of Colleges and Schools or an equivalent regional accrediting body, any educational institution in compliance with Article 39 of Chapter 115C of the General Statutes, any foundation or department having an established identity with any of these educational institutions, and any organization with a membership that is composed solely of 20 or more educational institutions as defined under this Chapter.

(5)Any hospital licensed pursuant to Article 5 of Chapter 131E or Article 2 of Chapter 122C of the General Statutes and any foundation or department having an established identity with that hospital if the governing board of the hospital, authorizes the solicitation and receives an accounting of the funds collected and expended.

(6)Any noncommercial radio or television station.

(7)A qualified community trust as provided in 26 C.F.R. § 1.170A-9(e)(10) through (e)(14).

(8)A bona fide volunteer or bona fide employee or salaried officer of a charitable organization or sponsor.

(9)An attorney, investment counselor, or banker who advises a person to make a charitable contribution.

(10)A volunteer fire department, REACT (Radio Emergency Associated Communications Teams), rescue squad, or emergency medical service.

(11)A Young Men's Christian Association or a Young Women's Christian Association.

(12)A nonprofit continuing care facility licensed under Article 64 of Chapter 58 of the General Statutes.

(13)Any tax exempt nonprofit fire or emergency medical service organization involved in the sale of goods or services that does not ask for a donation. (1981, c. 886, s. 1; 1983, c. 320, ss. 1, 2; 1991, c. 45, s. 24; 1993 (Reg. Sess., 1994), c. 759, s. 2; 1995 (Reg. Sess., 1996), c. 650, s. 1; 1997-329, s. 1; 2003-373, s. 3; 2005-230, s. 1; 2011-27, s. 1; 2023-119, s. 1.)