Answers to your questions about nonprofit
organizations and 501(c)(3) corporations.
What is a nonprofit
corporation?
A nonprofit corporation is a corporation formed to carry out a charitable,
educational, religious, literary, or scientific purpose. A nonprofit corporation
doesn’t pay federal or state income taxes on profits it makes from activities in
which it engages to carry out its objectives. This is because the IRS and state
tax agencies believe that the benefits the public derives from these
organizations’ activities entitle them to a special tax-exempt status.
The most common federal tax exemption for nonprofits comes from Section
501(c)(3) of the Internal Revenue Code, which is why nonprofits are sometimes
called 501(c)(3) corporations.
What are the benefits of
forming a nonprofit corporation?
Nonprofit corporations enjoy an exemption from corporate income taxes on
profits from activities that are related to their organizational purpose. Also,
a nonprofit is permitted to raise funds by receiving public and private grant
money and donations from individuals and companies. (And the tax laws encourage
people and businesses to donate money and property by allowing donors to deduct
their contributions on their own tax returns.) Finally, structuring an
organization as a nonprofit corporation protects its directors, officers, and
members from personal liability for the corporation’s debts and liabilities.
How do I form a nonprofit corporation?
There are several steps you must take to create a nonprofit corporation. The
first is filing a short document, usually called “articles of incorporation,”
with the corporations division of your state government. To do this, you’ll have
to pay a filing fee of $30 or so. Articles of incorporation contain:
- the name of your corporation
- the corporation’s address
- the name and address of a “registered agent” (a person who agrees to
receive legal papers on behalf of the corporation), and sometimes - the names of the corporation’s directors.
After you file your articles, you must apply for state and federal income tax
exemptions (the most common federal tax exemption comes from Section 501(c)(3)
of the Internal Revenue Code), which require you to complete a fairly lengthy
set of forms. You must also write “corporate bylaws,” a document that sets out
the rules that govern your corporation, including procedures for making major
business decisions, voting rights, and other important guidelines. Finally,
before you start doing business, you must elect a board of directors and hold an
initial meeting of the board.
Is it difficult to run a
nonprofit corporation?
Although operating a nonprofit corporation requires some attention to detail,
as long as you understand and follow some basic rules, you’ll be fine. The first
rule is to hold required meetings of directors and members and to keep minutes
of these meetings in a corporate records book.
The IRS also has a thing or two to say about what a nonprofit can and cannot
do. For instance, a nonprofit cannot make political lobbying (influencing
legislation) a substantial part of its total activities, and a nonprofit must
make sure that its activities don’t personally benefit its directors, officers,
or members.
For more information about these and other rules, see Protecting Your Nonprofit Corporation’s Tax-Exempt Status.
