Are you
running a museum, leading a worship group, or operating a performing arts group
in your backyard that’s starting to outgrow its humble origins? Well, maybe
it’s time to consider becoming a nonprofit corporation. While this process requires
lots of paperwork, many organizations find the long-term benefits outweigh the initial
investment of time.
Becoming
a nonprofit corporation means you can apply for grants, receive tax-exempt
status, and have personal liability protection. Not only is your group
tax-exempt, but donations from individuals and organizations are
tax-deductible.
| Completing the application process can be difficult, time-consuming and confusing. However, the benefits can be well worth the trouble. |
Does this
sound like just what the doctor ordered? Here’s how to get the application
process started:
First,
your group should review Section 501 (c)(3) of the Internal Revenue Code (IRC).
Why? To qualify for nonprofit status, you must fulfill at least one of the code’s
described purposes. These purposes include organizations that are “charitable,
religious, educational, scientific, literary, testing for public safety, fostering
national or international amateur sports competition, and the prevention of
cruelty to children or animals.”
Another
important requirement: none of the organization’s earnings can be used for
private shareholders. A full list of exemption requirements can be found in
IRC section 501(a).
If your
group meets all of the code’s requirements and your application is approved,
you will receive a letter from the IRS telling you about your public charity
classification.
Once you
receive this letter of determination, your organization is ready to start
reaping the nonprofit benefits. You will qualify for public and private grants
available to nonprofits. In addition, you’ll be protected from personal
liability. This means no organizational member can be held personally liable
for the corporation’s debts or other obligations. Should a lawsuit occur,
private assets like your home and bank accounts remain untouchable.
Most
importantly, your group will be tax-exempt. Any donations will be tax-deductible.
If your
group meets IRC qualifications, then it’s time to get an Employer
Identification Number (EIN). Any business with employees has an EIN number, which
is also your IRS account number. You must complete the Application for
Employer Identification Number (Form SS-4) to obtain an EIN.
After your
EIN is in hand, you will need to fill out the Application for Recognition of
Exemption (Form 1023). Most nonprofits file Form 1023 within 15 months. But
don’t worry if you miss this cutoff. There’s a 12 month extension just in case
that first year and three months flies by. If your group is not a private
foundation, you won’t have to file Form 1023 unless your annual gross receipts go
over $5,000.
Completing
the application process can be difficult, time-consuming and confusing.
However, the benefits can be well worth the trouble. Plus, there are resources
along the way. If you start to feel overwhelmed, the Exempt Organizations (EO)
division of the IRS is there to help. For more information, contact the EO
division at www.irs.gov/eo or at (877) 829-5500. After all, it was probably
your desire to do good that drew you into the nonprofit life. Thanks to the EO,
the nonprofit path doesn’t have to be a solitary one.