If the organization has not applied for tax-exempt status by submitting an application for exemption using Form 1023 to the IRS, then it is not exempt. Contributions may be made to it, but they will not be deductible by the donor. If the organization has submitted an application for exemption and recieved a determination that it is exempt under Section 501(c)(3), then it should not matter that the majority of its funds are spent on legal fees if those fees are reasonable and necessary to...
5 people marked this answer as helpful
If the organization has not applied for tax-exempt status by submitting an application for exemption using Form 1023 to the IRS, then it is not exempt. Contributions may be made to it, but they will not be deductible to the donor. If the organization has submitted an application for exemption and recieved a determination that it is exempt under Section 501(c)(3), then it should not matter that the majority of its funds are spent on legal fees if that is the organization's primary program....
2 people marked this answer as helpful
The legal steps are as follows: • Make sure the chosen name is available and reserve it. • Prepare the governing documents which include articles of incorporation and bylaws for non-profit corporations. The articles and bylaws should explain how the Board of Directors is chosen: by Board vote, by designation by an individual or entity, by a membership, or through some combination of these. • The articles must be signed by the incorporator and filed with the appropriate state agency....
1 person marked this answer as helpful
Each separate corporation should have its own EIN number. If there is only one corporation conducting the different chapters as activites under different trade names, it would be in error to have more than one EIN. Also, you should not apply for an EIN prior to forming a corporation. The EIN won't technically apply to the corporation your forming if when you applied for it the corporation did not exist.
Certain types of income may be exempt for a home owners association if it makes an 528 election. This is an annual election that should generally be considered by the association's CPA every year. Depending upon the association's sources of income, it may be more favorable to be taxed as a taxable corporation in some years and as a partially tax-exempt organization under Code Section 528 in other years.
The rules governing deductibility of charitable gifts are surprisingly complex. Assuming the charity is a valid 501(c)(3) organization, a legally binding requirement that specifies the identity of the scholarship recipient destroys the deductibility of the gift. There is an old case that says "charity ends where certainty begins." Thus, earmarking or legally designating a gift for a specific person would generally make the gift non-deductible by the donor. It is possible, however, that a...
1 person marked this answer as helpful
I don't know of any law specific to non-profits that would bar this practice; however, I could see a religious discrimination employment claim developing out of this scenario. Also, the non-profit risks alienating constituents who are not Christian.