California Form 3500

California Form 3500 is an integral form for any organization that wants to be seen as tax exempt by the State of California. It is imperative that this form is completed in its entirety. When submitting this form, you will also need to include documentation about the creation of your business, a copy of its bylaws, and certain financial data as outlined by California Revenue and Taxation Code.

What is a California Form 3500?

 

A California Form 3500 will be used by an entity that wants to apply for California tax-exempt status. This could be a company or organization. Recognition as a tax-exempt entity requires that this form is approved by the State of California, so ensure you include all the requested information on this Exemption Application.

Information you’ll need includes details about the organization as well as its representative. Answer all the questions on the application honestly. In order for the application to be complete, a fee, a copy of the organization’s bylaws, and a copy of entity’s creating document will need to be included.

In order for the form to be accurate, you will need to know what type of entity the organization or company is. Otherwise, the application may be denied. If you have trouble understanding any of the information, contact a lawyer who is knowledgeable about taxes and state tax exemption status.

Most Common Uses of a Form 3500

The Form 3500 is used to apply for tax-exempt organization status in California under the California Revenue and Taxation Code (R&TC) Section 23701.

Components of a Form 3500

A Form 3500 requires you to submit:

  • Creating documents
    • California corporations - submit a copy of the endorsed articles of incorporation and all subsequent amendments
    • Foreign corporations - submit a copy of the endorsed articles of incorporation and all subsequent endorsed amendments from the state or country in which incorporated and any Certificate of Qualification and/or Endorsed Statement and Designation by Foreign Corporation
    • Trust - Submit a copy of the original trust document and any subsequent modifications
    • California limited liability company - submit a copy of the endorsed articles of organization
    • Foreign limited liability company qualified in California - submit a copy of the endorsed Application for Registration (LLC-5), a copy of the certificate of good standing from the home state, and a copy of the articles of organization from the home state
  • Bylaws - submit copy of bylaws, proposed bylaws, operating agreement, and any other code of regulations
  • Financial data - may use its own gross receipts and expense statements or Part III Financial worksheet provided in FTB 3500

Legal Considerations

Date of tax exempt status

The effective date of an organization’s tax-exempt status for state income tax purposes shall be no earlier than the federal effective date.

Statement of Revoked tax exempt status

If an entity’s tax-exempt status is revoked for failure to file a return, failure to pay a balance due, or for being suspended, there is an abbreviated process to have the entity’s tax-exempt status reinstated.  To qualify for relief from revocation, the entity must be incorporated after 1968 and File FTB 3500, Exemption Application Side 1 through 8, complete the appropriate item listed for the R&TC section that the organization qualifies for, pay the $25 application fee.

Rush exemption request

An organization qualifies a rush exemption request if it:

  • Applies for tax-exempt status under R&TC Section 23701d to prevent loss of funding.  The organization’s funding will be lost if the tax-exempt status is not granted within 15 days from the date the applicant enters the field office.  The funding must be verifiable.
  • Is a suspended entity in litigation

Entities that do not meet the above criteria may be considered for a rush by the Central Office Exempt Unit.  Any applicant that is approved for a rush will be charged an additional fee of $40 if not suspended or $56 if suspended.

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Sample California Form 3500

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Sample California Form 3500

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