You have a dream - let me help
you achieve it!
At ATTORNEY
ALTERNATIVE, our expert staff of 501c3 nonprofit Paralegals are highly trained and experienced in preparing
all IRS 501c3 documents required to set up your tax-exempt 501(c)(3)
Nonprofit Corporation anywhere in
the United States!
We will:
* Expertly draft your tax-exempt
501(c)(3) Nonprofit Corporation Articles of Incorporation
* Prepare your 501c3 Nonprofit
Corporation Corporate Bylaws
* Prepare model 501c3 Nonprofit
Corporation Minutes to follow for the First Meeting of the Board
of Directors
* Prepare all Federal 501c3
Nonprofit Corporation forms required by the Internal Revenue
Service (IRS 1023 Application for Recognition of Tax-Exempt Status,
Forms 872 and 8713, and all IRS attachments)
* Prepare your State exemption
application and attachments
* Assist you in preparing your 501c3
Nonprofit Corporation Mission Statement, Statement of Purpose, and
other required documentation.
* Obtain your Federal Tax ID Number
(EIN)
WE
DO IT ALL!
for a single
low flat fee of $1,295.00
(plus the applicable Federal and State filing fees)
IF YOU DON'T NEED AN ATTORNEY'S ADVICE...
DON'T PAY AN ATTORNEY'S PRICE!
Click To View Attorney Alternative's New Advertisement: (Windows) (Mac)
The President of Attorney Alternative,
Thomas A. Hicks, JD,
graduated Law School with honors, and is a noted lecturer on the procedures
and regulations involved in setting up a 501c3 Tax-Exempt Nonprofit
corporations NATIONWIDE!
He has presented his educational seminar titled:
"Why and
Why Not to Start a Nonprofit"
to Volunteer Centers and numerous other
civic, educational and community groups in the Southern California
area.
The
following is some basic information regarding a 501c3 Nonprofit Corporation.
If you have further questions, contact
us and we’ll be glad to give you more – more service,
more information, more time to concentrate on your business and less
time worrying the paperwork!
What is a Nonprofit Corporation?
State laws distinguish between General,
For-Profit (stock) corporations and nonprofit (nonstock) corporations.
In a For-Profit corporation, shareholders are authorized to receive
stock in exchange for capital investments in the corporation. This capital
investment often takes the form of money, equipment, or some other property.
Shareholders in a For-Profit corporation only receive a return on their
investment when dividends are declared and paid.
A Nonprofit corporation, however, can not issue shares and cannot pay
dividends. In addition, under the Internal Revenue Code (IRC) Section
501(c)(3), a tax-exempt corporation cannot pay dividends AND, upon dissolution,
must distribute its remaining assets to another nonprofit group.
Advantages of
Nonprofits
Tax Exemptions
Under Internal Revenue Code Section 501(c)(3) a non-profit corporation
is eligible for certain federal and State tax exemptions. With income
tax rates as high as 34% on corporate income over $75,000, tax exemption
status can be invaluable.
Receiving Public
Funds
Many organizations are required by law to donate a certain percentage
of their funds to non-profit organizations or risk endangering their
own tax-exempt status. In addition, many exemptions exist for property
transferred at death to a non-profit organization.
Also, there are public foundations, philanthropic organizations and
corporate grant-makers that provide funding for tax-exempt organizations.
But, be aware that virtually any donor or sponsor thinking of funding
your operation will insist on your organization having already obtained
a 501(c)(3) number before they will consider donating.
Limited Liability
for Members and Directors
As with a General, for-profit corporation, directors, trustees, and
officers of non-profit corporations are usually afforded the same limited
liability status. Thus, creditors of the nonprofit corporation can only
reach as far as the corporation's assets to satisfy corporate debts
and not the personal assets of the people involved in the nonprofit
corporation.
Exceptions to the
Limited Liability Rule
Personal Guarantees
Where a corporation has not yet established a credit rating, banks and
other creditors will often require a personal guarantee from corporate
directors before extending credit. Thus, the individuals will be liable
for the debt if the corporation defaults on its obligation.
Tax Obligations
State and federal governments have the power to hold corporate officers
and directors personally liable for reporting and payment of taxes.
Although your nonprofit corporation should be tax exempt from certain
taxes, your corporation may still be required to file informational
returns and annual reports to the state and federal governments...and
don't forget about employee withholding taxes.
Violation of Statutory Duties
Corporate officers and directors have a statutory duty to act responsibly
when engaging in corporate activities. Thus, if an individual acts grossly
irresponsibly, he or she may be held personally liable for his or her
actions
Separate and Perpetual
Existence
A nonprofit corporation, like a for-profit corporation, is an entity
with a perpetual existence that may outlive all of its founders. In
addition, the corporation can act like an individual in that it can
enter contracts, incur debt, own property and it can sue and be sued.
Employee Benefits
The principle of a nonprofit corporation can be employed by the corporation.
As such, these employees can be eligible for fringe benefits not available
to self-employed people. Examples of these benefits include, sick pay,
group life insurance, accident and health insurance, and corporate pension
plans.
Other Advantages:
• Nonprofit corporations under 501(c)(3) receive lower postal
rates on bulk mail
• many organizations offer discounted advertising rates to nonprofit
entities
• many internet service providers offer discounted rates to
nonprofit corporations
• many national chains (Costco, for example) offer lower membership
rates
• nonprofit corporate employees may qualify for job-training
and other work-study programs subsidized by the federal government.
Back to Top
Disadvantages
of a Nonprofit Corporation
Paperwork
Articles of Incorporation, Bylaws, and
Minutes
Articles of Incorporation must be prepared and filed with the Secretary
of State in California. In addition, Bylaws must be prepared, minutes
must be maintained, and certain federal and state tax exemption filings
must be timely filed to attain a tax-exempt status.
We'll
make it easy. Attorney Alternative will prepare and file
your Nonprofit Articles of Incorporation in California. In addition,
and unlike almost everyone else out there, we will prepare your 501c3
Federal and State Exemption Applications too!
Federal & State Tax Filings
What forms must be completed for tax exemption?
On the Federal level, IRS form 1023 plus
a number of attachments must be completed to qualify for 501(c)(3) Federal
Tax Exempt status. Although certain groups like churches are NOT required
to file Form 1023, it is recommended that these exempt organizations
nonetheless submit the filing to ensure that the IRS views the organization
as a tax exempt entity.
Only after a corporation is approved by
the IRS as a 501c3 Tax Exempt Organization can it rest assured that
it is in fact a tax-exempt entity.
Back to Top
Nonprofit
501(c)(3) Corporation FAQ's
When must form 1023 be
filed?
IRS form 1023 must be filed within 15 months
of the date your articles of incorporation were filed. If your filing
is timely, the tax-exemption will be retroactive and will apply to the
date your articles of incorporation were filed.
How Many Directors Must
My 501c3 Nonprofit Corporation Have?
The State of California requires only one
director for a valid nonprofit corporation. However, in considering
your application for 501c3 tax-exempt status, the IRS typically likes
to see at least 3 directors, the majority of whom are not related by
birth or marriage. For example, if you have 3 directors, but two are
husband and wife, the “49% rule” says that you must have
a majority of directors that are not related. Therefore, if a husband
and wife want to be directors, you need 3 additional directors (total
of 5) to adhere to the “disinterested persons” rule for
directors of nonprofits.
For What Purposes May a 501c3 Nonprofit Corporation
be Formed?
Under IRS Code 501(c)(3) a Nonprofit corporation
may be formed to operate for a religious, charitable, educational, literary,
or scientific purpose. These five purposes are included as purposes
accepted by California as well as valid Nonprofit corporate purposes.
What are some of the limitations
imposed upon a501c3 Nonprofit Corporation?
A 501c3 nonprofit corporation must observe
the following limitations:
• Pursuit of the following “exempt”
purposes only: Charitable, educational, religious, literary, or scientific
purposes.
• No distribution of financial gains to directors, officers
or members.
• Corporate assets may only be distributed to another tax exempt
organization upon dissolution of the nonprofit corporation.
• Participation in political campaigns for or against persons
running for public office is prohibited.
• Substantial engagement in legislative political activities
is forbidden
• The activities of the corporation must be carefully monitored
to avoid triggering “unrelated business taxable income”
(UBTI) (You need to be very careful about this issue when considering
the type and frequency of your fundraising efforts! The advice of
an expert is a good idea here!)
Want
to get started as a 501(c)(3) Nonprofit Corporation TODAY?
Then contact ATTORNEY ALTERNATIVE
TODAY, and let us take the hassle out of getting you set up and headed
towards realizing your dream…
Attorney Alternative
16162 Beach Blvd., Suite 207
Huntington Beach, CA 92647
TOLL FREE:
1-866-4NOLAWYERS
(1-866-466-5299)
Back
to Top
Click on the following links for more information
on our professional Paralegal and Mediation services: