Texas Application Exemption Form PDF Details

In the state of Texas, nonprofit religious organizations are provided a pathway to exemption from sales tax, hotel occupancy tax, and franchise tax through a dedicated application process. The Texas Application for Exemption – Religious Organizations, overseen by the Comptroller of Public Accounts, Glenn Hegar, is quintessential for these organizations aiming to obtain state tax exemptions. This form is crucial for any religious entity seeking relief from specific state taxes and signifies the meticulous compliance process required for achieving such exemptions. Religious organizations must demonstrate a regular congregation meeting primarily for worship according to their sect's rites at a designated location to be considered. Notably, this exemption is distinct and does not necessitate a federal tax exemption as a prerequisite. Furthermore, certain organizations, despite their religious nature, may find themselves ineligible under this provision, highlighting the specificity and nuanced understanding of Texas' tax laws regarding religious exemptions. Organizations that might not directly qualify under this criterion could still secure exemptions from Texas sales and franchise taxes if they have a federal tax exemption under particular sections of the Internal Revenue Code (IRC). The application process is detailed, including submission through mail, fax, or email, and requires thorough documentation to substantiate the exemption claim. The state's diligent review process is aimed at ensuring only qualified organizations receive the exemption, with the Comptroller's office reserving the right to audit to verify the exempt status. This careful administration underscores the importance of accurate, comprehensive submissions reinforcing the connection between state compliance and tax relief for religious organizations in Texas.

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Form NameTexas Application Exemption Form
Form Length2 pages
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Avg. time to fill out30 sec
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Texas Application for Exemption

– Religious Organizations

G L E N N H E G A R T E X A S C O M P T RO L L E R O F P U B L I C AC C O U N T S

Nonprofit religious organizations should use this application to request exemption from Texas sales tax, hotel occupancy tax and franchise tax, if applicable. To receive a state tax exemption as a religious organization, a nonprofit religious organization must be an organized group of people regularly meeting at a particular location with an established congregation for the primary purpose of holding, conducting and sponsoring religious worship services according to the rites of their sect. Exemption from federal tax is not required to qualify for exemption from state tax as a religious organization.

The exemption for religious organizations is provided for in Sections 151.310, 156.102 and 171.058 of the Texas Tax Code, and more detailed information can be found in Comptroller’s Rules 3.322, 3.161, 3.541 and 3.583.

Some organizations will not qualify for exemption as a religious organization as that term is defined in Texas' law and rules, even though their activities may be religious in nature. Evangelistic associations do not qualify for exemption as religious organizations. Organizations that simply support and encourage religion as an incidental purpose, or that further religious work or teach their membership religious understanding (such as Bible study groups, prayer groups and revivals) do not qualify for exempt status under this category. Such an organization might still qualify for exemption from Texas sales tax and franchise tax, if applicable, based on their exemption under certain sections of the Internal Revenue Code (IRC).

Texas tax law provides an exemption from sales tax on goods and services purchased for use by organizations exempt under IRC Section 501(c)(3), (4), (8), (10) or (19). However, exempt organizations are required to collect tax on most of their sales of taxable items. See Exempt Organizations–Sales and Purchases, Publication 96-122. Texas law also provides an exemption from franchise tax for organizations exempted from the federal income tax under IRC Section 501(c)(2), (3), (4), (5), (6), (7), (8), (10), (16), (19) or (25).

If your organization has been granted federal tax exemption under one of the qualifying sections listed above, your organization will be granted an exemption from Texas sales tax, or sales and franchise tax, on the basis of the IRS exemption, as required by state law. Organizations that qualify for exemption based on a federal exemption are not exempt from hotel occupancy tax.

The laws, rules and other information about exemptions are online at www.Comptroller.Texas.Gov/taxes/exempt/.

You can submit your completed application along with required documentation by mail, fax, or email

Mail:

Texas Comptroller of Public Accounts

FAX: (512) 475-5862

 

Exempt Organizations Section

 

P.O. Box 13528

Email: exempt.orgs@cpa.texas.gov

 

Austin, Texas 78711

 

We process applications in the order they are received. To establish claimed exemptions, we may require additional information. After review of the material, we will inform the organization in writing if it qualifies for exemption. The Comptroller, or an authorized representative of the Comptroller, may audit the records of an exempt organization at any time during regular business hours to verify the validity of the organization’s exempt status.

If you have questions or need more information, contact us at 800-252-5555.

You have certain rights under Chapters 552 and 559, Government Code, to review, request and correct information we have on file about you. Contact us at the address or phone number listed on this form.

AP-209-1 (Rev.12-18/12)

AP-209-2 (Rev.12-18/12)

Texas Application for Exemption

– Religious Organizations

*AP20920W121812*

*AP20920W121812*

* A P 2 0 9 2 0 W 1 2 1 8 1 2 *

SECTION A

1. ORGANIZATION NAME

• Remove all staples

• Type or print.

• Do NOT write in shaded areas.

(Legal name as provided in Articles of Incorporation, or, if unincorporated, the governing document.)

2. ORGANIZATION MAILING ADDRESS

Street number, P.O. Box or rural route and box number

CityState/ProvinceZIP codeCounty (or country, if outside the U.S.)

3. Texas taxpayer number (if applicable) ...............................................................................................................

4. a) Enter filing information issued by the Texas Secretary of State:

File number .............................................

OR

Month

Day

Year

File date .......................................

b)

 

Check this box if this organization is not registered with the Texas Secretary of State.

5. Federal Employer Identification Number (FEIN) (Required if applying for exemption on the basis of a federal exemption) .......

6.Average attendance

at worship service ................

If average attendance is less than 50, indicate the number

of families represented in the average attendance ...................

7. Make only one selection as the organization's primary purpose:

 

 

Religious worship services

 

Ministry

 

Youth group

 

Missionary

 

Bible study

 

Evangelistic association

8. Date of first worship service

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Time

 

 

 

Frequency

 

 

9. Time and frequency of worship services................................................

10.Physical address (no P.O. Box) where worship services are conducted

11.Contact information of the person submitting this application

Name

 

 

 

Email address

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Organization name

 

 

 

Daytime phone (Area code and number)

 

 

 

 

Extension

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

City

 

 

 

 

 

 

 

 

 

 

State

 

 

 

ZIP code

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We will notify you by email when the exemption has been added to let you know where the exemption can be verified online. If an email address is not

provided, indicate where our response should be mailed:

 

organization's mailing address or

 

mailing address of the submitter.

SECTION B

Provide the following supporting information as it applies to the appropriate option below:

Option A (Member of a common denomination or convention of churches):

If your organization is a church that is a member of a common denomination or convention of churches, and the parent organization either has a 501(c)(3) federal group exemption, or has previously obtained a religious exemption in Texas for the churches under its jurisdiction, your church can obtain exemption based on its affiliation with the parent organization. Attach a letter from the parent organization stating that your church is a recognized subordinate, or provide the website of the parent organization where your church's affiliation can be verified.

Name of parent

 

 

 

Parent organization

organization

 

 

 

website

 

 

 

Option B (Independent or nondenominational church):

The following must be included with your application. Information may be in the form of a bulletin, brochure, written statement or website:

Your organization's statement of faith;

The regular order of what takes place during worship services (for example, invocation, sermon, hymns, closing prayer);

Evidence that services are open to the public and how they are advertised to the public;

A description of the facility where the worship services are regularly conducted (pictures are accepted but not required and will not be returned).

Special note to unincorporated entities: Include your organization's governing documents, such as the bylaws or constitution.

Special note to non-Texas organizations: Include a file-stamped copy of your organization's formation documents AND a current Certificate of Existence from the Secretary of State or equivalent officer in your home state.

If your church has its own 501(c)(3) federal exemption, provide a copy of the IRS determination letter along with the information in option A or B so that we may update our records.

Applications received without supporting documentation will be returned.

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