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DOEP/CTR: Non-Profit as "Commercial Enterprise"

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Question: 
While conducting our annual DOEP/CTR reviews we identify potential new customers that may qualify for exemption. We have one that is a non-profit corporation, a religious order, that has a DBA account that operates a private school. Their source of cash is donations they solicit for the operation of the school. They do an excellent job of fundraising and have enough transactions to qualify for exemption. I have been unable to find a definitive answer in guidance that this sort of non-profit operation qualifies as a "commercial enterprise" under the regulation. I found an old reference back in 2004 to a private school that would not be eligible for exemption, but nothing more recent and nothing specific in the updated guidance. Can this type of entity be considered for exemption? Thank you.
Answer: 

If they are a non-profit corporation and do not engage in ineligible activities, they would be eligible for a Phase II exemption like any other corporation.

First published on 04/29/2018

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