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Anna, an LLC cannot qualify as a 501(C)(3) organization unless its members are all 501(c)(3) organizations. Therefore, your current LLC would not satisfy the organizational test under Section 501(c)(3) since you and your partner are the members / owners.

Assuming you have weighed the pros and cons of operating as a nonprofit vs. operating as a for-profit business (there are numerous factors to consider), and assuming you want to seek 501(c)(3) status, I would recommend forming a nonprofit corporation. It will need to secure its own EIN # because the nonprofit corporation will be a separate legal entity from the LLC.

Thanks, Keith


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