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J.D. Rockefeller
UNINCORPORATED NONPROFIT ASSOCIATION (UNA) -
EDUCATIONAL OVERVIEW
What is a UNA?
What is an IRS designated 575E entity?
A UNA, or Unincorporated Nonprofit Association, is a private, non-statutory group formed by a living man or woman for any lawful purpose. It doesn't require state approval, registration, or corporate structure to exist. It stands outside of state incorporation and functions under the First Amendment right to freely associate. This means a UNA can be used for spiritual, educational, charitable, administrative, creative, family, or even private business functions-as long as it doesn't engage in federally privileged activities.
The Internal Revenue Service designates UNA’s as a 575E and assigns an EIN. The UNA Exists in the PRIVATE, but is able to engage in the PUBLIC (ie; commerce) with the designated EIN. The UNA has no tax filing requirement (575E, E for EXEMPT) unless it chooses to enter that system.
How is a UNA Different from a Corporation or Trust?
Trusts, Corporations, and LLCs, are statutory, are created by the state and exist within that jurisdiction. They come with privileges… but also OBLIGATIONS; like taxation, compliance, and public reporting. Trusts have the added liability of being controlled by a TRUSTEE, not you. Your SOCIAL SECURITY number is directly associated with these, creating potential liabilities, even if the liabilities are “LIMITED”.
UNAs are EXEMPT from filing and disclosing beneficial ownership under the CORPORATE TRANSPARENCY ACT. Per the CTA, legal entities must file beneficial ownership. However, it is clearly written, “Legal entity does not include sole proprietorships, unincorporated associations, or natural persons opening accounts on their own behalf.” Per FinCEN, 23 categories of entities are exempt from reporting (see number 19 within the C.2. exemption table).
A UNA, by contrast:
Is NOT ASSOCIATED to your SSN
Is created by PRIVATE agreement.
Exists without state permission.
Exists in perpetuity ie; no annual paperwork requirements.
California registered UNA operators/managers have strong LIABILITY INDEMNIFICATION: “A director of a nonprofit association is not liable for a debt, obligation, or liability of the association solely by reason of being a director.” California Code 18610, “
Is not a 'person' as defined under Title 26 (U.S. tax code).
Does not need to file tax returns (E for EXEMPT) unless it voluntarily enters that system.
All of your I-9 INCOME can be put into your UNA. And, All your EXPENSES can be paid from it.
How Can a UNA Function in the Private Sector?
A UNA can lawfully provide services as an independent contractor or consultant. For example, a UNA can contract with an LLC or business entity to provide creative, advisory, spiritual, or management services and receive payment lawfully. This is distinct from being an employee. UNAs are not employees, and they do not file employment or payroll tax forms. As long as the UNA does not “ELECT”‘ IRS classification or file as a taxpayer, it remains private and outside IRS jurisdiction.
State-Level Recognition (California Example):
In the State of California, UNAs that apply for an EIN are formally recognized under IRS Notice CP 575E. This EIN assignment letter confirms the UNA's standing as a lawful, private, and non-corporate association. It can be used for opening bank accounts, issuing invoices, or receiving payments while retaining its non-taxable, non-entity status.
Public Perception & NGO Language:
While not legally identical to 501(c)(3) non-profits, UNAs are often described in public or banking contexts as 'NGOs' (Non-Governmental Organizations). This language helps convey their non-corporate, mission-oriented nature and eases communication with outside entities unfamiliar with the UNA structure.
What Can a UNA Do?
OWN PROPERTY privately (bank accounts, land, contracts).
Participate passively in businesses (e.g., hold a membership in an LLC).
Provide services as a contractor to private or public entities.
Support community, family, spiritual, or creative missions.
Receive contributions, donations, or fees for service (non-reportable unless seeking public charity classification).
What Can't a UNA Do?
It should not have employees. It can have volunteers, members, or contract labor.
It should not engage in federally privileged activities (like receiving federal funds, claiming federal grants, or applying for government aid).
It cannot mix private and public activity (e.g., operate as a UNA while filing 990s or other corporate nonprofit documents).
It should not apply for federal tax exemptions like 501(c)(3), unless it wants to enter that system.
IRS Jurisdiction and the 'Person' Definition:
Under 26 USC 7701(a)(1), the IRS defines a 'person' as a corporation, trust, estate, partnership, or individual. A UNA is none of these by default and only becomes one if it elects classification or files under IRS code. By avoiding tax filings and federal benefit programs, a UNA retains its jurisdictional independence.
Does a UNA Need an EIN?
Not legally-but many UNAs choose to obtain an EIN (without listing a Social Security Number) to open a bank account or interface with other entities. Receiving an EIN via CP 575E does not by itself create a tax obligation. Jurisdiction is only attached through filings or elections.
Best Practices:
Keep foundational documents (Declaration of Formation, Bylaws, or Operating Memo).
Maintain separation between UNA operations and personal or corporate activity.
Never use SSNs, apply for federal benefits, or file corporate returns in the name of the UNA.
Use consistent private language (e.g., 'private association,' 'stewardship group,' etc.).
Conclusion:
A UNA is one of the most powerful, lawful, and protected private structures available. It is not a
loophole-it is a lawful method of private self-governance rooted in contract and natural rights. With the right intent and structure, a UNA can organize, earn, serve, and protect without entering corporate or IRS jurisdiction.
It remains lawful, private, and sovereign-when treated as such.
Clarifying the Meaning
of 'Nonprofit' for UNAs
Nonprofit Does Not Mean No Profit
A Unincorporated Nonprofit Association (UNA) is considered 'nonprofit' not because it cannot make money, but because its profits are not distributed to private individuals such as shareholders. A UNA can be used for any lawful purpose, including spiritual, charitable, educational, community-based, or service-oriented functions.
The purpose of a nonprofit structure is to reinvest any surplus into the association’s mission or purpose.
UNAs can receive payments, donations, and earnings from services or goods. These revenues lawfully support operations, equipment, venues, and member stipends.
What distinguishes a nonprofit is the **use** of funds, not their existence.
California Legal Reference
California Corporations Code § 18020 defines a UNA as: “an unincorporated group of two or more persons joined by mutual consent for a common lawful purpose, whether organized for profit or not.”
This makes clear that a UNA can engage in economic activity, including generating revenue or surplus, without losing its nonprofit character. IRS and Jurisdictional Distinction
The IRS does not claim jurisdiction over UNAs unless they elect to be treated as a corporation or taxpayer.
A UNA that does not file, does not claim federal benefits, and does not elect classification remains private and non-taxable, even while operating profitably.
Nonprofit status is not a tax classification. It is a purpose-based distinction governed by how funds are used—not how much is earned.
Summary
Nonprofit ≠ No Profit.
A UNA can make money. It simply reinvests those funds into its mission, services, or operations, rather than distributing them to owners or investors.
With proper structure, a UNA can thrive financially while remaining private, lawful, and sovereign.
Investments, Ownership & Lawful Capacity of a UNA
A UNA, as a private contract-based entity, can lawfully own assets, including real property, intellectual property, bank accounts, and contractual interests.
A UNA may also invest in other entities, including holding passive ownership in LLCs or partnerships. It may receive distributions (e.g., via K-1) as long as it does not act as a managing member or elect IRS classification.
There is no prohibition in California or federal law preventing a UNA from holding lawful title to land, acquiring gold or securities, or entering private agreements—so long as such actions do not require federal privilege or licensing.
Title and ownership are typically held in the name of the UNA, using its EIN, and documented with foundational records (e.g., resolutions, declarations, contracts).
This capacity arises from the freedom of contract and the lawful standing of UNAs as recognized in both common law and California Corporations Code §18000 et seq.