Answers in Genesis has been playing fast and loose with their taxation status: AiG itself is a religious non-profit, but they created a for-profit subsidiary to handle their theme park…and apparently, they shuffle tax-deductible donations to one to the other. The FFRF has lawyers who are trying to sic the IRS on them.
Nonprofits can run for-profit companies that are related to a charitable purpose, including a religious purpose. But, in order to obtain tax breaks, AiG has taken great pains to assure the state of Kentucky and other government entities that Ark Encounter will be operated as a private, for-profit business. The Ark Encounter website admits, “The for-profit LLC structure also allows the Ark Encounter to be eligible for various economic development incentives that would not have been available with a non-profit structure.”
“Answers in Genesis cannot have it both ways,” said FFRF Co-President Annie Laurie Gaylor. “Either the Ark Encounter is a religious enterprise and is eligible for tax-exempt donations, or AiG and Ark Encounter can be taken at their word that the park is purely a commercial enterprise.” In the latter case, then AiG is not “‘operated exclusively for religious, charitable, scientific’ or other exempt purposes,” as required for exempt status, and should lose its tax exemption, FFRF contends.
Going after the money? Now that’ll make Ken Ham squeal.