Credit counseling organizations: Questions and answers about new requirements

The Pension Protection Act of 2006 enacted Internal Revenue Code section 501(q), which establishes standards that a credit counseling organization must satisfy to qualify for exemption under Code section 501(c)(3) or 501(c)(4).

1. Does section 501(q) apply to my organization?
2. What does section 501(q) require for credit counseling organizations exempt under Code section 501(c)(3) or 501(c)(4)?
3. Are there other requirements for section 501(c)(3) organizations? PDF
4. Am I required to comply with section 501(q) even if I do not offer debt management plans?
5. Are there restrictions on who may serve on the governing board of a credit counseling organization?
6. Can we put our activities that don’t meet the criteria of section 501(q) into a wholly-owned taxable subsidiary?
7. May I buy lists of potential customers from the Internet site that carries my ads?
8. The statute says we cannot solicit contributions from consumers. How can we raise operating funds?
9. Does the statute limit how much we can receive from debt management plan (DMP) services?
10. If I don’t meet the requirements of section 501(q), is my income from debt management plans (DMPs) taxed?
11. Where can I get more information about credit counseling organizations?

Note: A tax-exempt credit counseling organization must first meet exemption requirements under section 501(c)(3) or 501(c)(4) before section 501(q) applies.