501(c)(3) Nonprofits and Sales Tax Exemptions in South Carolina

Are 501c3 exempt from sales tax in South Carolina?
Sales of tangible personal property (including accommodations) by a church or other nonprofit organization are exempt from the Sales and Use Tax.
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The Internal Revenue Code has a special tax categorization for non-profit organizations called 501(c)(3). Organizations that only function for philanthropic, religious, educational, scientific, literary, or other similar reasons fall under this group. 501(c)(3) organizations in South Carolina are often excluded from paying sales tax on purchases made for the organization’s operations.

The 501(c)(3) organization must be registered with the South Carolina Secretary of State and possess a current South Carolina Retail License in order to be eligible for the sales tax exemption. At the time of purchase, the organization must also give the shop a South Carolina Sales and Use Tax Exemption Certificate.

It’s crucial to understand that not all purchases made by 501(c)(3) organizations in South Carolina are free from sales tax. For instance, purchases of tangible personal property, such as office supplies or equipment, that are not directly connected to the organization’s charitable purpose are not exempt from sales tax.

An organization must first form as a nonprofit corporation in the state where it intends to conduct business before applying for 501(c)(3) registration. The group must next submit Form 1023 to the Internal Revenue Service (IRS) to request tax-exempt status. The organization’s structure, goals, and operations must be fully described in this application.

A determination letter stating that the organization has been recognized as a tax-exempt organization under section 501(c)(3) of the Internal Revenue Code will be issued by the IRS following approval of the organization’s application. This letter of decision is significant because it certifies the organization’s tax-exempt status and enables it to accept contributions that can be deducted from taxes.

South Carolina offers exemptions for specific categories of products and services in addition to sales tax exemptions. For instance, certain medical equipment, groceries, and prescription medications are excluded from sales tax. In addition, services including legal, accounting, and consulting services are not taxed in South Carolina.

South Carolina doesn’t have a particular tax exemption for SaaS, or software as a service, services. Depending on the particulars of the transaction, such as the location of the client and the kind of the service being rendered, SaaS may or may not be subject to sales tax.

In conclusion, South Carolina law generally exempts 501(c)(3) organizations from paying sales tax on purchases made for the organization’s charitable purposes. The organization must be registered with the South Carolina Secretary of State and possess a current South Carolina Retail License in order to qualify for this exemption. Additionally, depending on the particulars of the transaction, SaaS may or may not be liable to sales tax. South Carolina offers exemptions for specified categories of goods and services.

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