Understanding Nonprofit Status and Tax Exemption
Use legal counsel when applying for nonprofit status and tax-exemption
Key difference: Nonprofit status is granted by the state, while the IRS grants federal tax-exemption.
Three types of federally recognized nonprofit organizations: Corporations Unincorporated organizations Trusts
Corporations: Most common choice for community organizations Are well understood Promote continuity Limit personal liability
Federal tax-exemption: 501(c)(3): the "charitable tax exemption" Allows exemption from federal corporate and income taxes Allows solicitation of tax-deductible contributions 26 different exemptions exist for different purposes
Ways to become tax-exempt: Application Automatic recognition Using a fiscal conduit
Weighing the advantages and disadvantages of nonprofit and tax- exempt status
Understanding when you should (and shouldn't) consider applying for such status
Applying for nonprofit status: Hire legal counsel Decide whether to apply Decide the form you will take Decide the state Apply for nonprofit status Be aware of requirements for reporting and renewal
Applying for tax-exemption: Hire legal counsel Determine eligibility Decide to apply Obtain nonprofit status Decide the exemption your organization is eligible for Apply for exemption Understand requirements for reporting and renewal
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