U.S. Government Federal Recognition
To be exempt under IRC 501(c)(8), a domestic fraternal society, order, or association must meet the following requirements:
For more information about IRC 501(c)(8) click here. For more information about Fraternal Organizations: What Constitutes a Lodge System? (click here)
1. Fraternal Purpose
- An organization has a fraternal purpose if:
- Membership is based on a common tie or the pursuit of a common object
- The organization maintains a substantial program of fraternal activities
2. Lodge System Operation
- The organization must operate under the lodge system, which requires at minimum:
- A parent organization; and
- A subordinate organization (lodge, branch, chapter, or similar) chartered by the parent and largely self-governing
- Note: Organizations operating “for the exclusive benefit of the members of a fraternity itself operating under the lodge system” may also qualify.
3. Provision of Member Benefits (Key Distinction from 501(c)(10))
Unlike 501(c)(10) organizations, a 501(c)(8) MUST provide for the payment of life, sick, accident, or other benefits to its members or their dependents.
- Permissible benefits include:
- Life insurance benefits (including whole life with investment features)
- Sick benefits compensating for income loss during illness
- Accident benefits for loss of earning power due to injury
- “Other benefits” similar in nature—such as legal defense funds for employment-related matters, orphanage support for deceased members’ children, or annuities protecting against loss of earning power
- Important: Benefits must automatically accrue to members as part of dues paid. Merely arranging optional insurance through third-party companies does not satisfy this requirement.
4. Net Earnings Devotion
- Net earnings must be devoted exclusively to religious, charitable, scientific, literary, educational, and/or fraternal purposes.
5. Domestic Organization
- The society must be organized in the United States.
6. Membership & Benefits Eligibility
- Most (not necessarily all) members must be eligible for benefits
- Organizations may maintain non-beneficial membership classes if the distinction furthers fraternal purposes and substantially all members remain eligible for benefits