Exemption claims

Q1. Our organization is currently registered, but by law it is not required to register. Can we file an exemption claim?

A1. Yes, detailed instructions for filing an exemption claim are available here.

Q2. If our organization is not required to register by law, do we need to file an Exemption claim?

A2. No, this is optional. It is not necessary to take any action if by law the organization is exempt from the requirement to register. However, if an exempt charity uses a paid solicitor, the charity will need to file an exemption in order to gain system access to sign solicitation notices and campaign financial reports.

Q3. Our organization is not required by law to register, but we are concerned about public perception if it does not show up in the Secretary of State’s database. Can we file a document stating that we are exempt?

A3. Yes, detailed instructions for filing an exemption claim are available here. You may also choose to maintain a registration voluntarily in the interest of transparency.

Q4. Our organization filed an Exemption claim, but the basis of that exemption no longer applies. What do we need to do?

A4. If the organization was never registered before, go to the Charities and Fundraisers Home page, login, select File a Document, then click on Register. If the organization was once registered, but then filed an exemption, click on Reinstate Registration.

Q5. If I file an Exemption claim, what kind of supporting documentation do I need to attach?

A5. You can attach any documentation you’d like to demonstrate why the organization is exempt from the requirement to register. For example, if the organization is exempt because it is a church or assembly of churches as defined in 6-16-104(6)(a), C.R.S., you are encouraged to attach a copy of the organization’s IRS Determination Letter showing that the IRS does not require it to file a Form 990, a letter from legal counsel explaining the precise basis of the exemption, or simply a letter from an officer of the organization explaining how the organization qualifies under 6-16-104(6)(a), C.R.S.

Q6. How do I know if my organization is eligible file an Exemption claim?

A6. See 6-16-104(6), C.R.S. for a list of persons and organizations not required to file a registration statement (or just copy the exemption reasons from the form)