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How do I determine if my non-profit corporation job qualifies?

Total Posts: 1

Joined 2011-04-30

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I am considering taking a job with a non-profit corporation.  I have been unable to figure out whether the position would allow me to qualify for the 10 year public service loan forgiveness program.  I know the company is a non-profit corporation, but they are not listed on the IRS’s list of 501(c)(3) organizations.  I was wondering if you had any advice on how I should proceed from here.

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Total Posts: 604

Joined 2011-03-30

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The answer is unclear.  Here’s what we know: assuming the employment is not for the government or a 501(c)(3) corporation, the question will be whether it is a qualifying “public service organization” according to the definition set out in the regulations.  The regs say:

Public service organization means:
...
(5) A private organization that—
(i) Provides the following public services: Emergency management, military service, public safety, law enforcement, public interest law services, early childhood education (including licensed or regulated health care, Head Start, and State funded prekindergarten), public service for individuals with disabilities and the elderly, public health (including nurses, nurse practitioners, nurses in a clinical setting, and full-time professionals engaged in heath care practitioner occupations and health care support occupations, as such terms are defined by the Bureau of Labor Statistics), public education, public library services, school library or other schoolbased services; and
(ii) Is not a business organized for profit, a labor union, a partisan political organization, or an organization engaged in religious activities, unless the qualifying activities are unrelated to religious instruction, worship services, or any form of proselytizing.

The determination should turn on whether the org provides a listed service (and some listed services, like “public interest law service” are further defined within the regs), and isn’t for profit, labor union, etc. as listed in (ii).

So how you do get an official answer?  Well, the Dept of Ed is on the verge of using an employment certification form, that your job could fill out, and you could submit to the Dept of Ed for review.  At this moment, you’ll find that they won’t tell you one way or the other.

I know that answer is less than satisfying, but it’s what we know right now.