Showing posts with label political candidate. Show all posts
Showing posts with label political candidate. Show all posts

Saturday, September 01, 2012

Did Facundo Element violate the 501(c)(3) exemption requirement?

Any organizations that is a 501(c)(3) nonprofit organization, such as Facundo Element, need to be aware of the restrictions regarding political activity if they are to be a tax-exempt organization. From the IRS page:
Under the Internal Revenue Code, all section 501(c)(3) organizations are absolutely prohibited from directly or indirectly participating in, or intervening in, any political campaign on behalf of (or in opposition to) any candidate for elective public office. Contributions to political campaign funds or public statements of position (verbal or written) made on behalf of the organization in favor of or in opposition to any candidate for public office clearly violate the prohibition against political campaign activity. Violating this prohibition may result in denial or revocation of tax-exempt status and the imposition of certain excise taxes.

Under Facundo Element's own YouTube channel with Alison Aubrecht speaking on behalf of the Facundo Element organization where at the end of the video a link was provided to Facundo Element's website. In the video it discussed politics publicly with obvious political bias in support of or against a political candidate. And by doing so may have violated IRS restriction (a grey area in this instance with its video presentation but it is still obvious all around where that video was going) by making public statements of position of support or against made on behalf of the organization in favor of or in opposition to any candidate for public office. Even though at the end of the video she tells viewer to think carefully on who to vote for despite the obvious bias throughout the 7 minute long video.

For a 501(c)(3) nonprofit organization it is better to protect their tax-exempt status at all cost in order to fulfill their own mission to help others in need rather than risk their tax-exempt status organization by speaking on behalf of its own organization on political campaigning in favor of or against a certain candidate. An effort to influence viewers to vote one way.  It'd be a whole different story had Alison Aubrecht voiced her political opinions or expression in her own personal YouTube channel rather than under Facundo Element's own YouTube channel.  When it comes to politics it'd be better to stay out of it and remain unbiased.

UPDATE: My video response on lie #1.