NOTICE: We do not advocate breaking the law or abandoning professional licenses or current and previous tax obligations without lawful transition. Health, Safety, education, and integrity remain our top priorities.

A common question received when those seeking tax-exempt status in the private is, do they need to be concerned with the Selective Service? To clarify how Selective Service laws interact with individuals operating in private capacities—whether through 508(c)(1)(A) faith-based organizations (FBOs), PMAs (Private Membership Associations), or private trusts:

What is Selective Service?

The Selective Service System (SSS) is a federal agency that requires virtually all male U.S. citizens and male immigrants between ages 18 and 25 to register for a potential military draft under the Military Selective Service Act (MSSA), 50 U.S.C. § 3801 et seq.. This includes those who may not currently be U.S. citizens if they reside in the country.

Does Operating in a Private Capacity Exempt You from Selective Service?

Short answer: No, not legally.

Even if someone operates:

  • In a private capacity,

  • Under a 508(c)(1)(A) organization,

  • Within a PMA, or

  • Is a beneficiary or trustee of a private trust,

…they are still considered natural persons under federal law and subject to federal mandates unless explicitly exempted by statute.

Legal Reality: Federal Law Trumps Private Claims Here

  • The Selective Service Act is federal law, and registration is considered a civic duty.

  • The U.S. government does not recognize PMAs, trusts, or 508(c)(1)(A) statuses as grounds for exemption.

  • The only legal exemptions include:

    • Certain nonimmigrant visa holders

    • Active duty military

    • Incarcerated individuals

    • Specific recognized religious objections (but you must register first and then claim conscientious objector status through the legal process if a draft occurs).

Conscientious Objector Status

If your belief system, faith, or spiritual worldview is deeply opposed to war or military service, you may still need to register, but later apply for conscientious objector status if a draft is enacted.

This may be more aligned with a 508(c)(1)(A) organization's foundation but still goes through public legal channels.

Question:

  • Answer Can private trust, PMA, or 508(c)(1)(A) status exempt someone from registering for the Selective Service? No.

  • Are religious or moral objections ever honored? Yes, but only if declared and processed through the legal system during a draft.

  • Can failure to register affect benefits? Yes. – Not registering can result in loss of federal student aid, government jobs, and naturalization eligibility