Tax-Exempt Formation

501(c)(9) Voluntary Employees’ Beneficiary Associations

A 501(c)(9) is a voluntary employees’ beneficiary association — a VEBA. It exists to provide life, sick, accident, or similar benefits to members and their dependants, funded by the employer, the members, or both.

501(c)(9) Formation

$2,999Complete formation package • state filing fees included
  • Confirmation that 501(c)(9) is the right section for you
  • Name availability search
  • Articles of Incorporation prepared and filed
  • Purpose language drafted for 501(c)(9)
  • Federal EIN (FEIN) registration
  • IRS Form 1024 preparation and submission
  • Bylaws and governance document templates
  • Conflict of interest policy template
  • Responses to IRS follow-up questions
  • State filing fees included
Start Formation

Flat fee • state filing fees included • no surprise add-ons

What a 501(c)(9) is for

Section 501(c)(9) covers associations providing for the payment of life, sick, accident, or other benefits to members and their dependants or designated beneficiaries. Membership must be voluntary, and no part of the earnings may benefit any private shareholder beyond those benefit payments.

VEBAs are most often used by employers, groups of employers, or unions to fund employee benefits through a dedicated, tax-exempt vehicle rather than paying claims directly from operating funds.

The trade-off to understand first

Membership must be limited to people sharing an employment-related common bond — the same employer, the same union, or the same industry and locality. And benefits cannot discriminate in favor of highly compensated individuals. These two constraints shape the entire design.

What to Get Right at Formation


The issues that most often cause trouble later, addressed at the start.

An employment-related common bond

Membership is restricted to those sharing a genuine employment connection. Defining that class correctly in the governing documents is the foundation of the whole structure.

Non-discrimination requirements

Benefits generally cannot favor officers, shareholders, or highly compensated employees. Plan design and eligibility rules need to be tested against these requirements before adoption.

Deduction timing is its own question

How and when employer contributions are deductible is governed by separate rules with real limits. This is a question to work through with your tax advisor alongside formation.

Not sure this is your section?

These categories overlap more than they look like they do, and the wrong choice is expensive to unwind. Tell us what your organization actually does and we will tell you which section fits — before you pay for anything. Ask us first.

501(c)(9) Questions

Who can be a member of a VEBA?

Membership is limited to individuals sharing an employment-related common bond, such as the same employer, the same union, or the same industry within a locality.

Are employer contributions deductible?

Contributions may be deductible, but separate rules govern the timing and the deductible amount. This should be reviewed with your tax advisor as part of the plan design.

Can a VEBA favor executives?

Generally no. Benefits that discriminate in favor of highly compensated individuals put the exemption at risk, so eligibility and benefit levels need careful drafting.

Let’s get your organization formed correctly.

Flat fee, state filing fees included, and a clear answer on whether 501(c)(9) is the right section before any work begins.