John's Blogs: How I got the 501c3 Tax exempt Status |
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- - - - - - feb. 9 2005 |
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| Five year ago I met Mr. Garman , having extensive experience running a successful For-Profit Tax & Accounting practice, now devotes his time exclusively towards 501c3 Nonprofit Organizations.His forms He is currently in demand as an accomplished public speaker. His one-day, one-of-a-kind, grass roots workshop, "Starting and Running a Successful Non-Profit Organization" is one of his most popular seminars. Mr. Garman is registered with the state of Florida as a professional Non-Profit Consultant, Registration. | |||||
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- - - - - - feb. 16 2005 |
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| 501(c)(3) Tax Exempt Status | |||||
| Through the 501c3 process Non-Profits seek recognition of 501(c)(3) exempt status from the IRS because such recognition provides many benefits. This is crucial for the prosperity of the Organization, and also that the Directors of the organization, as well as its donors and contributors, are certain that the Organization is eligible for exemption and the many tax-preferred provisions that congress has created for such organizations. | |||||
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- - - - - - feb. 22 2005 |
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Some benefits that I got:
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- - - - - - feb. 28 2005 |
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| Different kinds of organizations | |||||
I did't know but not oly the churches can have the 501c3 status, different kinds of organizations that qualify for tax exemption under code section 501(c) are: Churches, synagogues, mosques, temples, interchurch organizations, integrated auxiliaries of churches, non-profit hospitals and their auxiliaries, non-profit clinics and medical research facilities, colleges, universities, private schools, non-profit day care centers and preschools, adult education and community schools, legal aid organizations, historical societies, environmental organizations, museums, zoos, symphonies, orchestras and bands, opera groups, non-profit theater, dance and other performance groups, non-profit marriage, personal and vocational counseling, non-profit drug/alcohol abuse prevention/treatment/rehabilitation, youth organizations, humane societies, scholarship funds, aid to the homeless, aid to the handicapped, aid to the elderly, combating prejudice and discrimination, civil rights organizations, evangelist and missionary groups, public television and radio. Non-Profits seek recognition of 501(c)(3) exempt status from the IRS because such recognition provides many benefits. This is crucial for the prosperity of the Organization, and also that the Directors of the organization, as well as its donors and contributors, are certain that the Organization is eligible for exemption and the many tax-preferred provisions that congress has created for such organizations. |
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- - - - - - March 4 2005 |
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| What is a incorporation? | |||||
| Well, first of all when you want to run a nonprofit organization you have to incorporate, that mean, All non-profit corporations must have an organizational structure and Rules or bylaws by which they are managed. The organizational structure is Comprised of directors and officers, which handle the internal management of The corporation, and perhaps also of members, which may have the right to Elect the directors of the corporation. The internal management of the corporation Is regulated by the corporate bylaws and the articles of incorporation. I will list some of the requirements. | |||||
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- - - - - - March 4 2005 |
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| Incorporators? | |||||
| An incorporator is someone who signs and delivers the Articles of Incorporation to the proper state office. In practice, the incorporator is often selected from among the persons who serve as the initial directors of the corporation. Your state law may require more than one person of legal age (18 or older). Directors | |||||
| Board members should be selected from the general community according to what they can provide to your organization. Find people with a sincere interest in the work of the organization and a commitment to its mission, vision and goals. This group should not be related individuals and no one should have more than one vote. Your state law may require 3 or more of legal age (18 or older) depending on your organization it is advisable to have at least 5 directors. Non-profit directors normally serve without compensation except for any expenses incurred in performing director duties. | |||||
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- - - - - - March 9 2005 |
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| What are their duties? | |||||
| The Directors are charged with a "governing" role, acting in good faith, being diligent, prudently overseeing the affairs of the non-profit and not allowing personal interests to override responsibility as a director Thus, the board is answerable to the agency's members, if any, and to the government agencies that regulate and monitor non-profit corporations on behalf of the community. The term of office is commonly set in the corporation's bylaws. (Your state may set a maximum term.) Generally a majority quorum of the board of directors must be present to take action at a meeting and once a quorum is present, the affirmative vote of a majority of those present is usually necessary to pass a board. (Voting by proxy at a board meeting is illegal under the incorporation laws of most states.) Your board may take action without a meeting by written consent or conference call. Check your state's nonprofit corporation law "Action by written consent."
For effective governance, a board generally needs to meet at least every three months. A written notice regarding the time and place of regular and special meetings must be sent to all board members a certain days prior to the meeting as stated in the bylaws. A provision for waiving notice should be included to allow directors to accept notice by telephone or other means. |
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- - - - - - March 12 2005 |
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| Officers | |||||
| You should have at least a President, a Secretary and a Treasurer. Typically, officers are selected from the board of directors. No one person should hold two or more offices. (Many states specifically prohibit this.) Their terms are fixed by the board of directors. The powers, duties and responsibilities of corporate officers are usually set in the bylaws. Generally, the actions and transactions of an officer are legally binding on the corporation. It is best to have your board pass a resolution granting the officer special authority to enter into a transaction on behalf of the corporation. | |||||
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- - - - - - March 17 2005 |
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| Compensation | |||||
| Any salaries/wages, fringe benefits or other forms of compensation paid or provided to the officers should not exceed a value which is reasonable and commensurate with the duties and working hours associated with such employment. | |||||
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- - - - - - March 20 2005 |
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| They also do the incorporation such as... | |||||
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- - - - - - March 22 2005 |
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| Choose a name for your organization.for some words that you can use to help suggest your 501(c)(3) non-profit purposes and activities:
What are your Mission, Vision & Goals? Your mission statement should describe the overall purpose of the organization. It addresses the question "Why does the organization exist?" for a summary of potential key words that can be incorporated into any Mission Statement and/or Statement of Principles and Values. Incorporation All non-profit corporations must have an organizational structure and Rules or bylaws by which they are managed. The organizational structure is Comprised of directors and officers, which handle the internal management of The corporation, and perhaps also of members, which may have the right to Elect the directors of the corporation. The internal management of the corporation is regulated by the corporate bylaws and the articles of incorporation. for a summary of the non-profit corporation organizational structure |
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- - - - - - March 28 2005 |
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| Obtain Tax-Exempt Status | |||||
Federal_501(c)3)_Tax_Exempt_Status: Forming a nonprofit organization does not guarantee tax-exempt status. To obtain tax-exempt status you must apply to the Internal Revenue Service TE/GE Division State_Tax_Exempt_Status: Many states require an application process for exemption from State Income tax. This is required even though you have received Exempt status from the Internal Revenue Service. Moreover, most states require Annual Corporation filing for non-profit organizations. State Sales Tax Exemption : Your organization may be eligible for exemption from State Sales Tax. |
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- - - - - - April 4 2005 |
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| Some times you will think is too much stuff to get the 501c3 tax exempt, but if you really want to know your organizational structure and Rules, you have to have some patiences of hire a professional people (as I did) to get you 501c3 status, I would like to recommend you ggministries, We have just been approved by the Federal Government as a 501 (c) 3 tax free nonprofit organization. We wanted to share with you what we're doing here. | |||||
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- - - - - - April 6 2005 |
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| Brian Keay comments | |||||
| Mr John I like your blog page, is very helpfull, and I want to share some of my happynes with you,
We just received our approved advance ruling letter from the IRS and wanted to thank you for your encouragement from the very beginning. Also, the process was exactly as you described even though we had numerous nay Sayers here. One president of a ministry said the IRS is trying to close down small ministries and we wouldn't get approved. Then we mentioned that we knew other small ministries who were approved and our consultant (you) said as much as well. The fellow then said that well you might get approved easily enough but you won't be able to keep it, just wait until your first audit. We are still trusting God every step of the way and everything you have said has proved to be true. |
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- - - - - - April 10 2005 |
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| David W comments | |||||
| I apologize for not writing sooner. I just wanted to thank you for the excellent work you guys did in getting us approved for a 501c3 in record time. (Less than 2 months). It was very impressive especially when I was being told by others that it would take 6 months to a year and cost 3-4 times as much. I had thought about doing the paperwork myself, but I am glad that the Lord led me to you guys. After seeing the package you sent me I know for a fact that I could not have put together anything close to that. Also I am interested in having you do my year-end accounting. Thanks again and God Bless. |
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- - - - - - April 14 2005 |
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| Barbara Kirby comments | |||||
| Brother Garman: I received the Corporation papers last night. I was so blessed by your work and personal letter of encouragement. I could see that you truly are anointed to this ministry and believed that you were raised up for such a time as this. We pray that the Lord use you greatly and prosper you. | |||||
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- - - - - - April 17 2005 |
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| A litle help with the name of your organization | |||||
| I forget to tell you, if you don't have a organization name let me give you a good link where you can have an idea, http://www.ggministries.org/step1_1.htm Here are some words that you can use to help suggest your 501(c)(3) non-profit purposes and activities: | |||||
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- - - - - - April 22 2005 |
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| IRS Annual Filing Requirements | |||||
| At this point your are finally getting it, this is the third step to comlete your 501c3 process, Generally, tax-exempt organizations must file an annual information return Form 990 “Return of Organization Exempt from Income Tax,” whose annual receipts are "normally" more than $25,000 a year. IRS Contributions Substantiation and Disclosure Requirements: A charitable organization must provide a written disclosure statement to donors of a quid pro quo contribution in excess of $75 State Annual Filing Requirements Non-profit corporations must file an annual report each year with the Department of Sate. In addition to the annual report described above, there are several other state registrations and Corporate Tax Returns that may need to be filed. Most organizations that solicit funds from the general public must complete a charitable solicitation registration. Most organizations that maintain any funds for charitable purposes must register as a "Charitable Trust." Some organizations may owe State Business and Occupations tax | |||||
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- - - - - - April 25 2005 |
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| Do you have a mission? | |||||
| Of course you have one, but describe properly what your organization is going to do? let give you some suggestions,
Mission , values, and vision are the glue that holds an organization together. They describe what you're trying to do, how you want to go about it, and where you're headed. Knowing these things helps to keep your organization on track. It gives you a yardstick you can always use to measure your present performance and plans against your aspirations.
Here are a summary of potential key words that can be incorporated into any Mission Statement and/or Statement of Principles and Values. |
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- - - - - - April 28 2005 |
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| Potential key words | |||||
| Here are a summary of potential key words that can be incorporated into any Mission Statement and/or Statement of Principles and Values. | |||||
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- - - - - - May 1 2005 |
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| What happens next? | |||||
After the technical review, which can take up to 4 months, you will receive a "determination letter" (this is your 501(c)(3) status) direct from the Director of Exempt Organizations. This letter will state that you are exempt from federal income taxes under section 501(c)(3). Churches receive Definitive Rulings under section 170(b)(1)(A)(i) Note! The IRS does not give 501(c)(3) identification numbers. This exemption will be retro active to the date of incorporation, (if filed on time) which means any contributions you receive since you have been incorporated will be fully tax deductible. Your letter is important as it shows to your grantors and contributors and the public that you are indeed a 501(c)(3) organization. The letter will also spell out restrictions and conditions that apply if you are to remain tax-exempt under sec. 501(c)(3). Moreover, the letter will address your Information and Annual Reporting Requirements to IRS. |
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- - - - - - May 3 2005 |
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| Advance Ruling and Definitive Ruling | |||||
| If you have completed a closed accounting period of at least 8 months you are eligible for a Definitive Ruling . If not, the IRS will give you an Advance Ruling and will not make a final determination until your advance ruling period ends which is usually 4 years after you receive the first 501(c)(3) determination letter. During this time the IRS will look to see if your organization will meet the attraction of public support factors [under IRC Sections 509(a)(1) and 170(b)(1)(A)(vi)] and/or the support test [under IRC section 509(a)(2)]. | |||||
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- - - - - - May 6 2005 |
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| State Tax Exempt Status | |||||
Most states impose an annual corporation income, franchise tax based upon net earnings on the corporation. In these states you must get an exemption from payment of these corporate taxes. The general requirements for each state vary. Some states are based upon filing the articles of incorporation and obtaining the Federal 501(c) (3) tax exempt status. Some states have one-time registration; others require annual renewal of registration; some will require submission of every common governance and financial document; others make do with just a copy of the 501(c)(3) determination letter. |
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- - - - - - May 15 2005 |
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| State Sales Tax Exemption | |||||
| Your organization may be eligible for exemption from State Sales Tax. This may be granted by applying and meeting the criteria set forth in your State Sales Tax Section in your State Statutes. | |||||
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- - - - - - May 19 2005 |
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| Which nonprofits must register (and when)? | |||||
| Generally, any nonprofit that conducts a charitable solicitation within the borders of a state, by any means, is subject to its law and is therefore required to register. In fact, today most states regulate fundraising. They do so through statutes - usually called “solicitation laws” - that are primarily concerned with the solicitation of charitable contributions from the general public. The centerpiece of most of the regulatory schemes is comprehensive reporting, by nonprofits and by the outside fundraising firms and consultants they employ. Also generally, the operative terms “charitable” and “solicitation” are defined very broadly and could include, for example, a website posting by an environmental organization inviting contributions from the public. In other words, the soliciting organization need not be a “charity” in a strict sense nor have any physical presence of any kind in the state. So, a letter, phone call, or newspaper ad requesting financial support from a state's residents is enough, to trigger the coverage of that state's solicitation law. | |||||
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- - - - - - May 24 2005 |
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| Why must my organization “register?” | |||||
The simple answer is “it's the law.” Typically, states exercise regulatory authority over nonprofits based on one (or both) of two premises: the nonprofit is physically “present” in the state (e.g., has an office, owns real estate, or conducts program activities) or the nonprofit raises funds in the state. In either case, a state might require the nonprofit to“Register;” that is, to provide identifying information about the nonprofit and its operations. It is the latter premise for registration - raising funds |
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- - - - - - Jun 3 2005 |
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| What is “registration?” | |||||
| Compliance reporting under solicitation laws is divided into two pieces: (1) registration, which provides an initial base of data and information about an organization's finances and governance; and (2) annual financial reporting, which keeps the states apprised about the organization's operations with an emphasis on fundraising results and practices. Typically, states require both registration (at least an initial registration) and annual financial reporting. With approximately forty states regulating in this manner, there is inevitably little consistency of approach. Some states have one-time registration; others require annual renewal of registration; The Form 990, in addition to being the main IRS reporting form for nonprofits, is the basic component of the annual report that must be filed with a large number of state offices that regulate charitable solicitation. Many states require supplemental reports as well as the Form 990. | |||||
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- - - - - - Jun 6 2005 |
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| No problem in which state are you I notice that they do all of the us states such as..... | |||||
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- - - - - - Jun 6 2005 |
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