Forming a 501c3 Non Profit Corporation
A 501c3 non profit
corporation is a popular way to incorporate a not-for-profit business for entities
whose business purpose is scientific, literary, educational, religious, or charitable, or some combination thereof.
So long as your 501c3 non profit
corporation is organized for one of those reasons set forth above and you meet other
IRS requirements, your entity will be eligible for federal and state tax exemptions.
Once your non profit corporation receives 501c3 tax-exempt status from the IRS, you will be able to accept
donations from individuals and other companies, and they will be able to write off those
donations.
Similarities between 501c3s and for-profit corporations
As long as a non profit organization follows all of the corporate formalities and guidelines required to keep its corporate veil intact, the directors, trustees, members, and
officers of the non profit organization are afforded the same limited liability
status as their for-profit counterparts. Some of these corporate formalities include keeping minutes of all shareholder meetings, ensuring that all directors and officers have an involvement with the company, and keeping corporate and personal finances completely separate.
Purposes for which you can form a non profit 501c3 corporation
The following list outlines the accepted
purposes for which a 501c3 non profit corporation can be formed:
- Scientific:
research that is carried on in the public interest (e.g., a non profit corporation
that is set up to do cancer research);
- Literary: writing,
publishing, and distribution of books and other written materials directed toward
promoting public interest rather than commercial publishing (e.g., a non profit corporation
that is set up to help people in prison publish poetry);
- Educational:
any kind of teaching or instruction that allows
for self-development and benefits the community as a whole (e.g., a non
profit corporation that is set up to help illiterate people learn to read);
- Religious: general
types of religious organizations, including churches (e.g., a non profit corporation
that is set up to provide free Bibles to poor people); or
- Charitable:
services that benefit the public interest (e.g., a non profit corporation
that raises money so sick kids can go to camp).
Specific advantages to being a 501c3
In addition to tax exemptions, here are some other benefits that a 501c3 non profit corporation might enjoy:
- Lower postal rates on bulk mail;
- Discounted advertising rates
from some organizations and media outlets;
- Discounted services from some internet providers; and
- Some non profit corporate employees
may qualify for job training and other programs subsidized by the federal government.
How does a non profit corporation obtain 501c3 status?
Because a 501c3 non profit corporation must file with both the state and the federal government, there are a few extra steps after incorporation.
- The first step is to incorporate your basic non profit corporation under one of the accepted purposes set forth above
and include the language the IRS will require in order to grant you 501c3 status.
- Then you must obtain a Federal
Tax ID number for your 501c3 non profit corporation.
- You must also draft bylaws for
your 501c3 non profit corporation.
- Finally, you must complete IRS
form 1023, which is the official application form to be recognized as a tax-exempt
organization by the IRS.
When you work with Click Industries, we provide assistance with all of these required steps.
State-level reponsibilities
States, counties, and cities may
offer exemptions from income, sales, and property taxes. Contact your state department
of revenue and the county and city equivalents to see what you need to do. (When
you form your 501c3 non profit with us, we provide you links to many of
these resources.)
If your corporation wants to engage
in fundraising, many states regulate such activities. You may need to obtain a permit
from your state attorney general or department of commerce.
For Information By State
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