Difference between revisions of "501(c)(3) process"

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== The process ==
 
== The process ==
These steps are cribbed from an email from Sublesky. Mike also recommended [http://www.amazon.com/How-Form-Nonprofit-Corporation-Your/dp/1413310265 How to Form your Own Nonprofit] (This appears to be a brand new edition published June 8, 2009. Talk about hot off the press!).  Official IRS information is [http://www.irs.gov/publications/p557/ch03.html here].
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# Come up with an appropriate mission statement
# Decide who the board of directors is (these are the people who have responsibility for fiscal oversight of the corporation)
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# Select a few people to act as incorporaters. These people will have their name in the articles of incorporation and act as the interim Board of Directors until our organizational meeting.
# Come up with an appropriate mission statement (you need this for the paperwork to come, plus it's obviously a good idea to get everyone on the same page about what you're trying to do)
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# File our [[Articles of Incorporation]] with the state of Maryland. The application fee is $170 or $220 for same day, in person service at their office in Baltimore.
# Decide who the officers are (President, VP, Treasurer, Secretary) -- make sure the Treasurer is someone who is good at bookkeeping, can run Quickbooks or the like without screwing things up
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# Apply for an Employer Identification Number (EIN) so we can open a bank account. This is a simple form on the IRS website. Someone on the interim Board of Directors can fill out the online form and we'll get an EIN immediately
# File incorporation papers with the state of Maryland. The application fee is $170.
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# Open a bank account. One of the interim members of the Board of Directors can do this once we haven an EIN.
# Apply for an Employer Identification Number (EIN) so we can open a bank account
+
# Hold our organizational meeting where we will ratify the bylaws and elect Officers (President, VP, Treasurer, Secretary) who will also serve as the Board of Directors. (At least that's what's in the draft [[Bylaws]] at the moment.) We will need to take special care in keeping minutes at this meeting for later filings.
# File 501(c)3 application with the IRS (pretty time consuming but worth it). The application fee depends on the anticipated revenue. We are anticipating the fee to be $750.
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# File 501(c)(3) application with the IRS (pretty time consuming but worth it). We are anticipating annual revenue over $10,000 so the application fee will be $750.
# In a few months you'll get a letter back from the IRS authorizing you to be a nonprofit for five years
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# In a few months we'll get a designation letter back from the IRS authorizing you to be a nonprofit for five years
 
# At the end of five years you have to prove that you are really a charitable organization (they have a few tests they apply to your financial records)
 
# At the end of five years you have to prove that you are really a charitable organization (they have a few tests they apply to your financial records)
  
According to the IRS: [http://www.irs.gov/charities/article/0,,id=169727,00.html Life Cycle of an Exempt Organization] - or, more specifically: [http://www.irs.gov/charities/charitable/article/0,,id=122670,00.html Life Cycle of a Public Charity]:
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Mike Sublesky recommended [http://www.amazon.com/How-Form-Nonprofit-Corporation-Your/dp/1413310265 How to Form your Own Nonprofit] (This appears to be a brand new edition published June 8, 2009. Talk about hot off the press!). Official IRS information is [http://www.irs.gov/publications/p557/ch03.html here].
 
 
===Organizing documents===
 
The trust instrument, corporate charter, articles of incorporation, articles of association, or other written instrument by which the organization is created under state law.
 
 
 
[http://www.irs.gov/charities/charitable/article/0,,id=123368,00.html Required provisions:]  
 
* must limit the organization's purposes to one or more of the exempt purposes set forth in section 501(c)(3) and must not expressly empower it to engage, other than as an insubstantial part of its activities, in activities that are not in furtherance of one or more of those purposes.
 
**Apparently-relevant exempt purposes per 501(c)(3): charitable, scientific, and educational
 
* assets of an organization must be permanently dedicated to an exempt purpose.  ... the organizing document should contain a provision insuring their distribution for an exempt purpose in the event of dissolution.
 
  
 
== Forms / paperwork ==
 
== Forms / paperwork ==
 
[http://www.dat.state.md.us/sdatweb/ex_corp_form.pdf Maryland Tax-Exempt Non-Profit Corporation Form], [http://www.dat.state.md.us/ Maryland Department of Assessments and Taxation]
 
[http://www.dat.state.md.us/sdatweb/ex_corp_form.pdf Maryland Tax-Exempt Non-Profit Corporation Form], [http://www.dat.state.md.us/ Maryland Department of Assessments and Taxation]
 
This form is for creating a tax-exempt corporation in the state of Maryland. It includes some basics steps that need to be completed.
 
This form is for creating a tax-exempt corporation in the state of Maryland. It includes some basics steps that need to be completed.

Revision as of 05:18, 2 July 2009

501(c)(3) is a tax-exempt designation from the IRS which generally applies to nonprofit organizations. 501(c)(3) refers to that section of the tax code, found at 26 U.S.C. § 501.

Being a 501(c)(3) has the following benefits (copied from the interwebs)

  • We won't pay federal corporate income tax except on income derived from unrelated business income. With this exemption, an organization can save 15% - 35% of its taxable income.
  • In most instances, we won't pay state corporate income, franchise, excise, use, or sales tax.
  • Can offer members, individuals, and corporate donors a tax deduction for their contributions.
  • Eligible to receive private foundation grants. Private foundations are required by law to distribute a minimum amount of money for charitable purposes. One way they fulfill this obligation is by making grants to 501(c)(3) public charities.
  • Eligible for lower postal rates on third class bulk mailings through the US Postal Service.

The process

  1. Come up with an appropriate mission statement
  2. Select a few people to act as incorporaters. These people will have their name in the articles of incorporation and act as the interim Board of Directors until our organizational meeting.
  3. File our Articles of Incorporation with the state of Maryland. The application fee is $170 or $220 for same day, in person service at their office in Baltimore.
  4. Apply for an Employer Identification Number (EIN) so we can open a bank account. This is a simple form on the IRS website. Someone on the interim Board of Directors can fill out the online form and we'll get an EIN immediately
  5. Open a bank account. One of the interim members of the Board of Directors can do this once we haven an EIN.
  6. Hold our organizational meeting where we will ratify the bylaws and elect Officers (President, VP, Treasurer, Secretary) who will also serve as the Board of Directors. (At least that's what's in the draft Bylaws at the moment.) We will need to take special care in keeping minutes at this meeting for later filings.
  7. File 501(c)(3) application with the IRS (pretty time consuming but worth it). We are anticipating annual revenue over $10,000 so the application fee will be $750.
  8. In a few months we'll get a designation letter back from the IRS authorizing you to be a nonprofit for five years
  9. At the end of five years you have to prove that you are really a charitable organization (they have a few tests they apply to your financial records)

Mike Sublesky recommended How to Form your Own Nonprofit (This appears to be a brand new edition published June 8, 2009. Talk about hot off the press!). Official IRS information is here.

Forms / paperwork

Maryland Tax-Exempt Non-Profit Corporation Form, Maryland Department of Assessments and Taxation This form is for creating a tax-exempt corporation in the state of Maryland. It includes some basics steps that need to be completed.