Accountability of "Subsidiary" Covered by a Tax Exempt Letter

What requirements are there for accountability and control of a "satellite" organization by the tax exempt organization providing umbrella exempt status?

Example: Suppose these facts: There is a church with tax exempt status under IRC Section 501(c)(3). The church houses a day care center which has tax exempt status under the umbrella of the church's exempt status. Payroll of day care employees (and related withholding remittances and payroll tax return filings) are handled by the church treasurer using a day care center checking account established for that purpose. Other day care operating expenses are paid out of a second checking account by the day care director. The day care director also controls distributions of day care funds to the payroll account and for the expense sharing arrangement with the church. The director also handles all receipt of and accounting for fees paid by parents. Internal control weaknesses notwithstanding, what, if any, legal requirements exist for the church to exercise oversight and/or control of the financial resources of the day care center in order to protect its tax exempt status under Section 501(c)(3)?

Would the requirements be different if the top organization was the central committee of a friends of the library group and the "satellites" were separate FOL groups for each of the branches in the city's public library system?

Reply to
Bill Brown
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The umbrella organization is supposed to be sure that any money collected for its satellite is used for the umbrella's exempt purpose.

I'm not sure they can do that. Tax exemption for a day care center would have a different exempt purpose than the church, so they might be required to get theirs separately.

Assuming it's a proper umbrella/satellite relationship, the umbrella is not required to control the satellite's spending. They just have to take all reasonable precautions (whatever that means) to be sure their assets are used for the proper exempt purposes.

Again, the satellite must spend its money and use its resources for the exempt purpose of the umbrella. If they have different exempt purposes, they should use a different umbrella organization. Aside from that, they're probably ok.

Stu

Reply to
Stuart A. Bronstein

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