Any organization that is applying for recognition of exemption under section 501(c)(3) may submit information that it is a private operating foundation, on Part VII of Form 1023. If the foundation has existed for one year or more, it must provide information that demonstrates it meets the requirements to be classified as a private operating foundation including the income test and either the endowment test, the assets test, or the support test. If the foundation has existed for less than one year, it must sufficiently describe how it's likely to meet these requirements and tests. The foundation may also submit an affidavit or opinion of counsel giving enough facts about its operations and support to enable the IRS to determine that it's likely to meet these requirements. This notice may not be relied upon by the organization or by its grantors or contributors until the IRS notifies the organization that it is not a private foundation. Return to Life Cycle of a Private Foundation
