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Frequently Asked Questions

Is a nonprofit corporation exempt from taxes?

Nonprofit FAQs
A Texas nonprofit corporation is not automatically exempt from federal or state taxes. To become exempt, it must meet certain requirements and apply with both the IRS and the Texas Comptroller of Public Accounts.
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Nonprofit & Tax Exempt Status Law
Exemption from federal and state taxation is not automatic and eligible corporations must apply with the Internal Revenue Service ("IRS") and state agencies to obtain an exemption. Not all nonprofit corporations are entitled to exemption from state and federal taxes. How does a nonprofit organization, including a nonprofit corporation, obtain exemption from federal income taxes? You have questions and are looking for answers and solutions.
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How does a nonprofit organization, including a nonprofit corporation, become tax-exempt?

Nonprofit FAQs
Exemption from federal taxes is determined by the IRS. IRS Publication 557, “How to Apply for Recognition of Exemption for an Organization,” describes the rules and procedures for requesting exemption. Questions about federal tax-exempt status can be directed to: Exemption from Texas state taxes is determined by the Texas Comptroller of Public Accounts . Questions can be directed to:
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What is a nonprofit corporation?

Nonprofit FAQs
A nonprofit corporation is created by filing a Certificate of Formation with the Secretary of State. See Form 202 (Word, PDF). A “nonprofit corporation” is a corporation no part of the income of which is distributable to members, directors, or officers. A nonprofit corporation may be created for any lawful purpose, which purpose must be stated in its Certificate of Formation.
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First Stop Business Center - Frequently Asked Questions
A nonprofit corporation, as opposed to a for-profit (profit) corporation, is formed to carry out services for the benefit of the general public, including those with a charitable, educational, religious, literary or scientific purpose. Nonprofit (tax-exempt) status is a designation assigned by the Internal Revenue Service (IRS). Further information regarding nonprofit designation can be obtained from the IRS website at: www.irs.gov.
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Can a nonprofit corporation give political contributions?

Nonprofit FAQs
Generally, political and social action activities are permissible purposes for a nonprofit corporation; however, certain activities may affect a nonprofit corporation’s tax-exempt status. For more information, contact the Texas Ethics Commission, (512) 463-5800, the Federal Elections Commission, or the IRS.
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If my nonprofit is tax-exempt, do I pay any type of taxes?

c3 FAQ's
Possibly. Private foundations may still be subject to taxes on investment earnings and undistributed minimum grant allocations. All 501(c)(3) organizations may be subject to taxes on "unrelated business income." 501(c)(3) organizations that have employees are generally subject to federal and state employment taxes. Additionally, some states do not exempt 501(c)(3) organizations from sales and/or property taxes.
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Can one person be the sole director and officer of a nonprofit corporation?

Nonprofit FAQs
The Texas Non-Profit Corporation Act and the Texas Business Organizations Code require a nonprofit corporation to have at least three directors, one president, and one secretary. The same person cannot be both the president and secretary. Officers and directors must be natural persons.
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Who has authority to investigate the activities of a nonprofit corporation?

Nonprofit FAQs
The Attorney General has statutory authority to (1) investigate charities that operate as nonprofit corporations, and (2) inspect the books and records of all corporations, including nonprofit corporations. The Secretary of State has no such authority.
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Are the books and records of a nonprofit corporation available for inspection?

Nonprofit FAQs
The Texas Non-Profit Corporation Act and the Texas Business Organizations Code require nonprofit corporations to maintain financial records and minutes of certain proceedings and make them available to members for examination and copying. The board of directors is required to prepare or approve an annual financial report. In general, all records, books, and annual reports must be available to the public for inspection and copying.
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Vermont Secretary of State - Corporations - Non-Profit Frequ...
A nonprofit corporation is a formal organization of people committed to a particular purpose. Purposes may vary, but their basis is some greater good, either of the society as a whole or for a defined community of interest, and not for the individual profit of those involved. Unlike for-profit corporations, a nonprofit corporation has no shareholders, and nonprofit corporations do not distribute profits.
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Corey & Kime: Business Attorney Washington DC, Commercial Re...
A nonprofit corporation (whether incorporated or as an unincorporated association) is an organization in which no part of the income is distributable to its members, directors, or officers. The corporation is not prohibited from making a profit; the prohibition is the distribution of any profits to members, officers, or directors of the organization. Nonprofit corporations are formed pursuant to state law. Nonprofit corporations must apply for exempt status, both at the federal and state level.
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Welcome to 123EZcorp
This is a corporation which is formed with the purpose of benefiting the public in some religious, scientific, educational or charitable way. Because of this charitable purpose, most jurisdictions do not require these corporations to pay income taxes on monies it earns. In addition, nonprofit corporations may achieve tax exempt status for charitable contributions by obtaining what is known as 501(c)(3) status.
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FAQs
A nonprofit corporation is simply a corporation that is organized and operated for one of the nonprofit purposes recognized under state corporation law and federal and state tax statutes. "Nonprofit" does not mean that you cannot make a profit; as long as your corporation is organized and operated for a recognized non-profit purpose (for example, an educational or charitable purpose), your corporation can make a profit from its activities.
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If I reserve a name for an LLC or LP, can I use the name to form a nonprofit corporation?

Nonprofit FAQs
Yes. Name reservations are now “generic” and can be used to form any type of filing entity.
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My organization is nonprofit. Can we be tax exempt?

Virtual Receptionist - SmartOffice
We can provide tax-exempt billing for qualified organizations who can fax us proof of tax exemption. To set up a tax exempt account, you can reach our sales department in their online chat room or toll-free at 1-877-431-4333. To change an existing account to be tax exempt, you can either reach our customer service department through their online chat room or on their toll-free number at (877) 431-4333.
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Other questions? Is Seedlings a nonprofit corporation? and why?

Seedlings Braille Books for Children
Yes, Seedlings is a 501c3 organization. Nonprofit status was requested and granted in 1984 so that donations could be obtained to subsidize the cost of book production. Braille books are very expensive to produce, but with the help of grants and donations, we are able to make our braille books available at a much-reduced cost (at an average of approximately $10 per book!)
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How can a nonprofit corporation be formed?

Corey & Kime: Business Attorney Washington DC, Commercial Re...
In most states, the first step is the filing of articles of incorporation with the secretary or state. The statutes of the state of incorporation determine the contents of the articles of incorporation. After filing of the articles of incorporation, tax-exempt status must be applied for at both the federal and state levels. The nonprofit corporation must conform to corporate formalities by holding annual meetings of directors and members.
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What purposes are valid for a nonprofit corporation?

Corey & Kime: Business Attorney Washington DC, Commercial Re...
A nonprofit corporation formed under IRS code Section 501(c)(3) may be formed and organized to operate for some religious, educational, literary, charitable, or scientific purpose. It must be noted that a nonprofit corporation may also be formed for other purposes pursuant to various other sections of the IRS code.
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What are the advantages of forming a nonprofit corporation?

Corey & Kime: Business Attorney Washington DC, Commercial Re...
Under Internal Revenue Code Section 501(c)(3) a nonprofit corporation is eligible for certain federal tax exemptions, which can amount to significant, tax savings. Just like a for-profit corporation, nonprofit corporations receive the same limited liability protection. Thus, the directors, trustees, and officers of a nonprofit corporation are not personally liable for the debts and liabilities of the corporation.
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What are the disadvantages of forming a nonprofit corporation?

Corey & Kime: Business Attorney Washington DC, Commercial Re...
The main disadvantage would be an increase in the paperwork. Articles of incorporation must be prepared and filed with the appropriate state agency, bylaws have to prepared, and minutes have be maintained and certain federal and state tax exemptions must be timely filed to obtain a tax-exempt status.
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TopQ. How do I form a nonprofit corporation?

Incorporate Your Business Online (C Corp, S Corp, LLC, Non-p...
A nonprofit corporation is a corporation formed for purposes other than generating a profit and in which no part of the organization's income is distributed to its directors or officers. Nonprofit corporations are formed pursuant to state law, often under the Revised Model Non-Profit Corporation Act (1986).
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What is the difference between a domestic nonprofit corporation and a foreign nonprofit corporation?

North Dakota Secretary of State | Business Services | Nonpro...
A domestic corporation is incorporated according to North Dakota's laws while a foreign corporation is incorporated according to the laws of another jurisdiction that may be another state, or a country outside the United States.
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Are there additional requirements if I'm forming a 501(c)(3) nonprofit corporation?

IDSOS Corporations FAQ
If you intend to apply for IRS federal tax exemption as a charitable organization, your articles of incorporation must contain a required purpose clause and a dissolution of assets provision. Valuable information on 501(c)(3) qualification is on the IRS website, www.irs.gov. It includes sample articles of the incorporation. Click the Charities and Nonprofits link and then scroll down to find the Life Cycle of a Public Charity link.]
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