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Checklist for Non-Profit Organizations
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The following is a preliminary checklist for Non-Profit Corporations:
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- Determine whether the advantages of being a non-profit exceed the substantial cost and time expenditures for your particular organization.
- Develop appropriate ByLaws and Organizational resolutions, with the assistance of tax counsel, that will permit your organization to qualify as a not-for-profit corporation for state and federal tax purposes. Have these ByLaws legally adopted by the Organization.
- Authorize the incorporation in the appropriate state under the Non-Profit Corporation Statute. The process is the public filing of Articles of Incorporation for a Non-Profit Corporation. This requires a state filing fee. Some states, such as Pennsylvania, require a paid legal advertisement.
- Obtain a federal EIN # for the corporation from the IRS by filing a FORM SS-4.
- Prepare IRS Form 1023 "Application for Tax-Exempt Status." This will require substantial work by your tax/business lawyer, accountant or treasurer and key officers. When this detailed form is fuly prepared, it must be filed with the IRS. The IRS demands a "user fee" for the determination of non-profit status based upon the proposed revenue of the orginization.
- After the application is filed, frequently the IRS examiner asks for additional information. After several months the IRS then render its decision to grant or deny the request for tax-exempt status.
- Appropriate books and records must be kept for the organization. This includes tracking of donations, expenditures and classifications of income. A periodic Treasurer's Report should be provided to the Board of Trustees and Membership.
- Each year the corporation must file an annual Federal tax return with the IRS.
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