Need legal advice about business license and 501c app for a non-profit business that is still in formation stages; inexpensive?

Have business plan, by-laws, mission and vision statements and etc, just don't know where to go from here without being either scammedor overcharged.
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Answers (3)

Glenn M. Lyon

Glenn M. Lyon Avvo Pro

Contributor Level 6
In order to for a non-profit, you will need to incorporate with the Secretary of State and then apply for tax exempt status with the IRS. It is certainly not something you should try and do yourself, but it should not be overly expensive. I'm not sure what your question is regarding a business license.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
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Daniel Scott Wright

Daniel Scott Wright

Contributor Level 4
I agree with Mr. Lyon. You will need to form a non-profit entity and file the appropriate form with the IRS, and it is a good idea to discuss the 501(c)(3) status with a professional--sometimes it can be easy to get off track if your Articles contain an invalid business purpose. Or, perhaps 501(c)(3) status is not even appropriate for you, depending on what your goals are for the organization.

Note also that there organizations like the Pro Bono Partnership of Atlanta that may provide legal services for free if you meet their guidelines. http://www.pbpatl.org/

Good luck!

Disclaimer: This is not legal advice; I have made a number of assumptions about your situation and do not know enough details to render any legal opinion, nor intend to render one. In addition, we have no attorney-client relationship.
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Michael Duane Cross Jr.

Michael Duane Cross Jr.

Contributor Level 4
Though more information is required, the best approach is likely to:
(1) Form a non-profit corporation, likely under Georgia law;
(2) Obtain a Federal Employer Identification Number using IRS Form SS-4, specifically identifying the purpose(s) of the corporation;
(3) If you anticipate soliciting funds, determine whether you must register as a fundraising with the Secretary of State's office; and
(4) Prepare the appropriate application for tax-exempt status -- either IRS Form 1023 (for 501(c)(3) charitable, education, or religious organizations) or IRS Form 1024 for most other 501(c) organizations).

It takes a good deal of work and knowledge to properly organize a non-profit corporation so that it may qualify for tax-exempt status. I've been hired to "rescue" several applications in the past where a layperson began the process and then needed help. You should expect out-of-pocket fees and filing fees to be around $1,000, not including the legal fees. The amount of legal fees can range based upon the type of activities to be conducted, whether additional schedules to the IRS tax exempt form are required, and whether additional registrations (either to conduct business or to conduct fundraising) are required in other states.

FYI -- I'm not your attorney, and this isn't legal advice. I'm merely providing general information that may or may not be applicable to your situation.
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