• Home
  • About
    • Engaging Matters
    • Doug Borwick
    • Backstory-Ground Rules
    • Contact
  • Resources
    • Building Communities, Not Audiences
    • Engage Now! A Guide to Making the Arts Indispensable
  • EM’s List
  • AJBlogs
  • ArtsJournal

Engaging Matters

Doug Borwick on vibrant arts and communities

Public Charity

August 26, 2015 by Doug Borwick

IRS_Form990-2014Wonkiness Alert
This post is only (or mostly)
for those interested in nonprofit minutiae.

There are two basic types of 501(c)(3) organizations: public charities and private foundations. Private foundations are limited in the deductions available to contributors, are subject to excise taxes, and have a different and more complicated Form 990 (990PF) to fill out. (In addition, they are required to distribute a minimum percentage of their assets every year, but this is not an issue for most nonprofits.) If approved as a 501(c)(3) an organization is a private foundation unless it proves otherwise.

With me so far?

An organization can be classified a public charity under section 509(a) of the tax code. (Gee, this is so much fun!) For those who are still awake and paying attention, here are the four categories of public charities:

  • 509(a)(1): “traditional” public charities—broad-based public support (public charity status is based upon public support) as defined, are you ready, by paragraphs 170(b)(1)(A)(i)-(vi)
  • 509(a)(2): gross receipts/service provider organizations (e.g., museums, symphony orchestras)
  • 509(a)(3): supporting organizations (foundations that wholly support a public charity)
  • 509(a)(4): test for public safety

What possessed me to bore my readers with this information was the realization that there are two significant elements of terminology in the tax code of which members of the nonprofit arts community should be aware. One, that is mentioned from time to time, is that the word “arts” does not appear in the language establishing 501(c)(3)’s. The arts must either fall under education or charitable organization.

The other is what I’ve presented here. Every arts organization is, in the eyes of the tax code, a public charity. I think it’s worth our while to consider what that means (or should mean) in the ways we conduct our business and interact with our communities.

If you made it this far, congratulations. Now go do something that can be considered summer fun.

Engage!

Doug

Share this:

  • Click to email a link to a friend (Opens in new window) Email
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to print (Opens in new window) Print

Related

Filed Under: Principles Tagged With: arts, community engagement, public good, terminology

About Doug Borwick

Doug Borwick is a past President of the Board of the Association of Arts Administration Educators and was for nearly 30 years Director of the Arts Management and Not-for-Profit Management Programs at Salem College in Winston-Salem, NC. He is CEO of Outfitters4, Inc., providing management services to nonprofit organizations and ArtsEngaged providing training and consultation to artists and arts organization to help them more effectively engage with their communities. [Read More …]

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.

Join 1,552 other subscribers

About Engaging Matters

The arts began as collective activity around the campfire, expressions of community. In a very real sense, the community owned that expression. Over time, with increasing specialization of labor, the arts– especially Western “high arts”– became … [Read More...]

Books

Community Engagement: Why and How

Building Communities, Not Audiences: The Future of the Arts in the United States Engage Now! A Guide to Making the Arts Indispensable[Purchase info below] I have to be honest, I haven’t finished it yet because I’m constantly having to digest the ‘YES’ and ‘AMEN’ moments I get from each … [Read More...]

Gard Foundation Calls for Stories

The Robert E. Gard Foundation is dedicated to fostering healthy communities through arts-based development, it is currently seeking stories from communities in which the arts have improved the lives of citizens in remarkable ways. These stories can either be full descriptions (400-900 words) with photos, video, and web links or mini stories (ca. 200 words) […]

Share this:

  • Click to email a link to a friend (Opens in new window) Email
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on X (Opens in new window) X
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to print (Opens in new window) Print

Archives

Recent Comments

  • Jerry Yoshitomi on Deserving Attention: “Doug: Thank you very much for this. I am assuming that much of the local sports coverage is of high…” Mar 25, 16:28
  • Alan Harrison on Deadly Sin: II: ““Yes, but it’s Shakespeare!” is a phrase I heard for years in defending the production of the poetry from several…” Feb 17, 19:38
  • Doug Borwick on Deadly Sin: I: “Excellent question.” Feb 11, 16:08
  • Jerry Yoshitomi on Deadly Sin: I: “When I first came into the field and I met our leadership, it seemed to me that ‘arrogance’ was a…” Feb 10, 15:36
  • Doug Borwick on Cutting Back: “Thanks for the kind words. Hope you are well.” Oct 2, 06:58

Tags

arrogance artcentricity artists arts board of directors business model change community community engagement creativity dance diversity education equity evaluation examples excellence funding fundraising future governance gradualism implementation inclusion instrumental international Intrinsic mainstreaming management marketing mission museums music participation partnership programming public good public policy relationships research Robert E. Gard Foundation simplicity structure terminology theatre
Return to top of page

an ArtsJournal blog

This blog published under a Creative Commons license

Copyright © 2025 · Magazine Pro Theme on Genesis Framework · WordPress · Log in