PRACTICE AREAS

Starting a Nonprofit & Maintaining Tax-Exempt Status

For those who are passionate about a cause, the legal side of starting a nonprofit can be frustrating and time-consuming. We offer complete start-up packages for those who prefer to obtain professional assistance from attorneys experienced in representing nonprofits.

STARTUP PACKAGES

Include fixed fees that permit you to accurately budget resources and call us when you have a need, without worrying about the meter running.

We have in-depth knowledge of the tax and corporate rules applicable to nonprofits. As a result, we know where the lines are and can counsel you so that you do not cross them without being overly restrictive. Our experience includes all types of tax-exempt entities, not just 501(c)(3) organizations. We tailor documents to your organization, purpose and desired structure. We understand all of the different ways nonprofits can lock-in or share control. In addition, we help founders shape plans and make connections through our contacts, experience, and knowledge of the nonprofit sector.

PA_Starting-a-nonprofit_image_01_desktop_2x

Starting a non-profit?

ADDITIONAL RESOURCES

How to Start a Non-Profit Organization

In this FREE PDF download, you’ll learn five things to do before you form the entity, a step by step process of forming the entity, and applying for tax-exempt status.

PA_Starting-a-nonprofit_image_02_desktop_2x

Our fixed fee package includes all of the legal steps required to create the organization and gain tax-exempt status.

  • Conferencing to discuss the purpose, programs, and budget in detail
  • Reserving the name with the state of incorporation
  • Drafting the articles of incorporation to conform to 501(c) requirements and state law
  • Filing and publishing the articles of incorporation
  • Obtaining a new EIN for the new corporation
  • Conferencing with you to determine governance structure
  • Drafting bylaws to reflect the governance structure
  • Drafting organizational meeting minutes with required resolutions
  • Drafting various governance policies that the IRS recommends including, as applicable, conflict of interest, gift acceptance, document retention and destruction, joint venture, fundraising, compensation, and travel and expense reimbursement
  • Drafting and filing Form 2848 Power of Attorney
  • Drafting and filing the IRS exemption application (either Form 1023-EZ, Form 1023, 1024, 1024-A) and related statements
  • Representation before the IRS and response to IRS follow-up questions
  • Filing and publishing the articles of incorporation providing a Board Action Calendar summarizing key governance and compliance deadlines
  • Fundraising registration in the state of domicile (or one state of choice if domicile does not require registration)
  • Providing an explanatory letter regarding operational rules applicable to the new nonprofit including guides to taking minutes and acknowledging gifts
  • Providing a minute book of all corporate documents
PA_Starting-a-nonprofit_image_03_desktop_2x
PA_Starting-a-nonprofit_image_05_desktop_2x
PA_Starting-a-nonprofit_image_04_desktop_2x

We will determine a fixed fee after consultation with you.

Our fee is based on the nature of the proposed organization’s activities and our experience regarding the level of documentation and follow-up that will be required to obtain the exemption, the novelty, and complexity of the organization’s proposed activities, as well as the number of states the organization must register to fundraise in.

PA_Starting-a-nonprofit_image_06_desktop_2x

GET STARTED

To begin the process of creating your new nonprofit organization, reach out to us by completing the form.

Contact Us

FEATURED BLOG POSTS

  • Public Charities: The 501(h) Election

    501(c)(3)s are limited in their ability to lobby. Federal tax law restricts a 501(c)(3)’s lobbying activities under either the substantial part test or expenditure test. Plainly, the substantial part test states that no substantial part of the 501(c)(3)’s activities may be lobbying activities. The expenditure test states that the 501(c)(3)’s lobbying expenditures cannot exceed a

  • Let’s Talk About the 1023-EZ

    The 1023-EZ is a good faith effort by the IRS to make the 501(c)(3) application process more efficient and accessible.

  • The Importance of 1099s for Nonprofits

    Nonprofit organizations, like other taxpayers, are required to issue Form 1099-NEC to report nonemployee compensation.