Starting non-profit business and taxes

Mar 28, 2012 5 Replies

We are starting a new non-profit (but with paid employees) youth theatre business. What pubs, sites, and/or books would you recommended so that we stay on the good side of the IRS right from the beginning?



We plan to offer salary, health ins, and retirement funding to the Managing Director. It will be run mostly by volunteers and occasional contractors for hire, so what is the best incorporation strategy?



Chip


As far as the IRS is concerned, they're primarily concerned that the organization is only performing functions within its exempt purpose.

Your state's Secretary of State may have something to do about the other issues like whether the Managing Director is paid too much.

___ Stu

formatting link

"Chip Wood" wrote

File to incorporate the company under the non-profit (not-for-profit) laws of your state, then submit the application to be treated as a non-profit entity by the IRS. Both tasks are probably not suitable for a DIY person, nor is it going to be cheap. Hire a good attorney with non-profit experience, they should be able to be a one stop provider and incorporate and apply for non-profit.

They can also guide you to and through the laws that apply in your state as well as at the federal level.

Why hire an attorney? Would an EA or tax preparer be sufficient?

Not for forming the corporation. An EA might be able to prepare the non-profit application for the IRS; most uncredentialled tax preparers would not.

Ira Smilovitz Leonia, NJ

First, a good book to start out with is, "How to Form a Nonprofit Corporation" by attorney Anthony Mancuso (published by Nolo Press). Here's a link to information about the book:

formatting link
. There is also a link on the Nolo website where you can click on your State to find out more specific information based on the State in which the nonprofit intends to form and operate. Here's that link:
formatting link
.

(NOTE: I have no connection with Nolo Press, the book, its author, etc. These are just low-cost resources that I have used in the past).

And, finally, do a Google search for "fiscal sponsorship". That will show you links to information on how you could possibly start out by operating under the auspices of an existing tax exempt nonprofit corporation (called "fiscal sponsorship"). Usually, you can structure the arrangement in a way that would allow you to later spin off your own separate tax exempt nonprofit corporation.

Join the Discussion

Have something to add? Share your thoughts — no account required.

Didn't find your answer?

Ask the community — no account required