March 5, 2009

Nonprofit Organizations - How To Setup One

nonprofit

There are some state, local and federal income, sales and property tax exemptions that may be available to certain types of charitable organizations. A corporation that is formed to fulfill an educational, scientific, religious, charitable or literary need is called a nonprofit organization. This type of company is able to raise funds by receiving private and public donations and grant money from both companies and individuals. Usually, both state and federal governments will not tax them on the income they make that is related to their charities because of the great contribution they give to society.

Just like any other corporation, a non profit corporation does have a board of directors that implement company policy and make decisions, officers (usually a treasurer, secretary and president) to manage and oversee the regular daily operating of the company, and additional employees to complete other tasks. However, unlike most regular corporations they do not have owners or shareholders. Nor are they owned by any one individual or a group of people and the company cannot be sold.

In the case of nonprofit organizations, directors, officers of the company and members are normally prohibited from making a profit of any type at the expense of the company. But there are some instances where the assets, profit or income can be dispersed to individuals only as compensation for services rendered. This is similar to how assets may be distributed after a company dissolves or when a profit was actually a result of a sale, in which case members may have funds rebated to them in direct proportion to the fees they paid.

There are expenses, such as administrative or promotional, including employee compensation and independent contractors that must be proportionate to the organizations financial capabilities and resources. If the charitable organization does raise funds through charity events, yet consistently uses virtually all of its income for promotional or administrative expenses with little to nothing being distributed to charities, then that usually indicates that the board has failed to exercise the right care and caution.

When you decide to form a nonprofit organization you will want to file for a tax exempt status but this can only be completed when you file your articles of incorporation and those articles must specifically state that any assets earned will be used only for that exempted purpose. You will also have to indicate that you are aware that certain activities relating to politics and legislation are strictly prohibited, and only then will the articles and exempt status be approved.

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