What is a Massachusetts Nonprofit Corporation? |
A Massachusetts Nonprofit Corporation is sometimes called a Massachusetts Not-For-Profit Corporation.
A Massachusetts Nonprofit Corporation is an organization that is legally registered with the Massachusetts Secretary of the Commonwealth.
While the federal government must approve the tax-exempt status of a Massachusetts Nonprofit Corporation,
a Massachusetts Nonprofit Corporation is not initially registered with any US government agency.
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A Massachusetts Nonprofit Corporation is sometimes called a Massachusetts Not-For-Profit Corporation.
A Massachusetts Nonprofit Corporation is an organization that is legally registered with the Massachusetts Secretary of the Commonwealth.
While the federal government must approve the tax-exempt status of a Massachusetts Nonprofit Corporation,
a Massachusetts Nonprofit Corporation is not initially registered with any US government agency.
A Massachusetts Nonprofit Corporation is an organization that works to serve some kind of public interest
rather than to provide financial benefit to any particular individuals or entities.
Many Massachusetts Nonprofit Corporations have much in common with Massachusetts For-profit Corporations.
This includes the liability protection that comes with a legally registered Massachusetts Nonprofit Corporation.
A lot of Massachusetts Nonprofit Corporations hire managers and employees just like a Massachusetts For-profit Corporation does.
The application process for a Massachusetts Nonprofit Corporation is very similar to that of
a Massachusetts For-Profit Corporation.
Contrary to popular belief, Massachusetts Nonprofit Corporations can and do make money.
In a Massachusetts Nonprofit Corporation, any profits must legally go directly back into the Massachusetts Nonprofit Corporation.
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Do I need a lawyer to Form a Massachusetts Nonprofit Corporation? |
The short answer is no. The state of Massachusetts does not legally require a lawyer to form a Massachusetts Nonprofit Corporation.
However, if there is anything about forming a Massachusetts Nonprofit Corporation that you're not sure about you
should seek the advice of a competent Massachusetts lawyer, a Massachusetts accountant, or both BEFORE you Incorporate.
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The short answer is no. The state of Massachusetts does not legally require a lawyer to form a Massachusetts Nonprofit Corporation.
However, if there is anything about forming a Massachusetts Nonprofit Corporation that you're not sure about you
should seek the advice of a competent Massachusetts lawyer, a Massachusetts accountant, or both BEFORE you Incorporate.
Once you have made the decision to Form a Massachusetts Nonprofit Corporation, a lawyer can file your documents and act as a middle man for a few hundred
dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you
can use in your new Massachusetts Nonprofit Corporation.
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What are the most common types of Massachusetts Nonprofit Corporations? |
The most common types of Massachusetts Nonprofit Corporations are:
- Massachusetts Public-benefit Nonprofit Corporations
- Massachusetts Religious Corporations
- Massachusetts Mutual-benefit Nonprofit Corporations
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A Massachusetts Nonprofit Corporation is formed to provide some kind of public or community benefit.
Unlike the other types of Massachusetts Corporations and LLCs, a Massachusetts Nonprofit Corporation may be eligible
for certain benefits, including tax exemptions on both the state and federal levels.
Depending on the nature of the organization, some Massachusetts Nonprofit Corporations may not be eligible for tax exempt status.
A Massachusetts Nonprofit Corporation may also be eligible for public and private grants.
A Massachusetts Nonprofit Corporation is formed in a similar way as that of forming a Massachusetts For-profit Corporation.
Massachusetts Nonprofits must file Articles of Incorporation in the same way that Massachusetts For-profit Corporations do.
A Massachusetts Nonprofit Corporation comes with the same liability protection as the other types of Massachusetts Corporations.
The main difference between a Massachusetts Nonprofit Corporation and a Massachusetts For-profit Corporation is how
the profits of the Massachusetts Corporation are distributed,
In a Massachusetts For-profit Corporation profits can be distributed to shareholders.
Massachusetts Nonprofits are legally required to use the income to further a goal that benefits the community or some part of the public.
The most common types of Massachusetts Nonprofit Corporations are:
- Massachusetts Public-benefit Nonprofit Corporations
Organized for the general public benefit, rather than for the interest of its members or shareholders
Formed primarily for social, educational, recreational or charitable purposes
Examples are food banks and youth sports organizations
- Massachusetts Religious Corporation
Organized to promote religious purposes
Subject to less complicated filing and reporting requirements than other types of Corporations
May be exempt from regulations governing non-religious groups performing the same services
- Massachusetts Mutual-benefit Nonprofit Corporation
Serves its members in ways other than just distributing profits to them
Cannot obtain IRS tax-exempt status as a charitable organization
Pays the same taxes as For-profit Corporations
Examples are homeowners associations or a public utility companies
While most federal tax exempt organizations are Nonprofit Corporations, registering a Massachusetts Nonprofit Corporation
does not automatically qualify the Massachusetts Nonprofit for tax exempt status at the federal level.
The IRS recognizes various types of tax exempt Nonprofit Corporations.
To receive federal tax exempt status a Massachusetts Nonprofit Corporation must file forms with the Internal Revenue Service.
The forms can get very complex depending on the nature of the Nonprofit.
Also, a Massachusetts Nonprofit Corporation cannot legally use its resources for propaganda or to further a political cause
or to support a candidate for public office.
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Who owns a Massachusetts Nonprofit Corporation? |
No one person or group of people can own a Massachusetts Nonprofit Corporation.
Once it is incorporated, the Massachusetts Nonprofit Corporation is a separate legal entity from its founders, directors, officers, and
employees.
The Massachusetts Nonprofit Corporation itself owns assets of the business and is entitled to receive all revenues from its operation.
Any equity in a Massachusetts Nonprofit Corporation belongs to the organization itself, not to the founders, board of directors or staff.
In addition, a Massachusetts Nonprofit Corporation cannot be sold to another individual, corporation or organization.
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Can a Massachusetts Nonprofit Corporation make money? |
Contrary to popular belief a Massachusetts Noprofit Corporation may actually make a profit.
Many Massachusetts Nonprofit Corporations derive much of their funding from tax-exempt donations.
Sometimes a Massachusetts Nonprofit Corporation can receive more in donations that the costs to actually run the organization.
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Contrary to popular belief a Massachusetts Noprofit Corporation may actually make a profit.
Many Massachusetts Nonprofit Corporations derive much of their funding from tax-exempt donations.
Sometimes a Massachusetts Nonprofit Corporation can receive more in donations that the costs to actually run the organization.
A Massachusetts For-Profit Corporation may distribute any excess assets to its owners or shareholders.
There is no distribution of assets in a Massachusetts Nonprofit Corporation.
In a Massachusetts Nonprofit Corporation all of the money earned by or donated to the Massachusetts Nonprofit organization
is used in pursuing the organization's objectives as stated in its Articles of Incorporation.
Any excess capital after the close of the Massachusetts Nonprofit Corporation's fiscal year must be kept in the Massachusetts Nonprofit's accounts.
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Are all Massachusetts Nonprofit Corporations Tax Exempt? |
You do not form a Massachusetts Tax Exempt Corporation – you form a Massachusetts Nonprofit Corporation and then apply to the IRS for Tax Exempt status.
The IRS requires that certain language is included in the Articles of Incorporation before it will grant tax exempt status to any Massachusetts Nonprofit Corporaton.
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You do not form a Massachusetts Tax Exempt Corporation – you form a Massachusetts Nonprofit Corporation and then apply to the IRS for Tax Exempt status.
The IRS requires that certain language is included in the Articles of Incorporation before it will grant tax exempt status to any Massachusetts Nonprofit Corporaton.
After a Massachusetts Nonprofit Corporation filing has been approved by the Massachusetts Secretary of the Commonwealth the organization must meet
certain requirements and submit an application for Tax Exempt status with the IRS.
Tax Exempt status means that a Massachusetts Nonprofit Corporation
- Does not pay income taxes to the federal government.
- Does not pay corporate income taxes to the Massachusetts state government.
- Donors may be able to take a charitable tax deduction for contributions to the Massachusetts Nonprofit.
- Can qualify for lower USPS postage rates.
Most organizations filing for Tax Exemption must file Form 1023 with the IRS.
It can take six months or more for the IRS to approve a Form 1023 application for tax exempt status.
Smaller Massachusetts Nonprofits - those that have yearly gross receipts less than $50,000 and total assets less than $250,000 - may be able
to file IRS Form 1023-EZ online.
Form 1023-EZ speeds up the process considerably.
Form 1023-EZ applications are normally processed within 90 days.
Once a Massachusetts Nonprofit Corporation has approval from the IRS for Tax Exemption from US federal income tax that Massachusetts Nonprofit is
automatically exempt from Massachusetts Corporation income taxes.
Religious, scientific, charitable or educational Massachusetts Nonprofit Corporations which are granted an Exemption from federal income tax
by the IRS are also Exempt from Massachusetts state Sales Taxes.
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What is a 501(c)(3) Nonprofit Corporation? |
501(c) refers to a section of IRS code which deals with tax exempt organizations including, but not limited to,
Nonprofit Corporations.
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501(c) refers to a section of IRS code which deals with tax exempt organizations including, but not limited to,
Nonprofit Corporations.
The most common type of tax-exempt organization falls under section 501(c)(3) of the IRS code.
This section of the IRS code allows a Massachusetts Nonprofit organization to be exempt from federal income tax if its activities include any of the
following purposes:
- Charitable
- Religious
- Educational
- Scientific
- Literary
- Testing for public safety
- Fostering amateur sports competition
- Preventing cruelty to children or animals
There are other types of 501(c) tax exempt organizations defined in the IRS code - 29 of them - but 501(c)(3) tax exempt organizations
are by far the most common in the state of Massachusetts and the US.
One advantage to qualifying to be a 501(c)(3) tax exempt organization is that most foundations will only make grants
to 501(c)(3) Nonprofits.
Tax exemption does not excuse a Massachusetts Nonprofit organization from maintaining proper records and filing any required annual or special-purpose tax
returns if they are required.
Failure to file required returns such as Form 990 (Return of Organization Exempt From Income Tax) may result in fines.
One prohibition for 501(c)(3) organizations is that they are prohibited from conducting political campaign activities to intervene
in elections to public office.
There are, however, provisions which may allow some 501(c)(3) organizations to legally lobby to influence legislation.
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What information does a Nonprofit need before it can apply for 501(c)(3) Tax Exempt Status? |
BEFORE a Nonprofit applies with the IRS for 501(c)(3) Tax Exempt status you need the following information:
- Articles of Incorporation approved by the Massachusetts Secretary of the Commonwealth
- Bylaws
- Federal Employer Identification Number (EIN)
- Statement of purpose that meets IRS requirements
- Statement that your Nonprofit Corporation will not engage in prohibited political or legislative activity
- A Plan of Dissolution describing the distribution of assets upon dissolution
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BEFORE you apply with the IRS for 501(c)(3) Tax Exempt status it will need the following:
- Articles of Incorporation approved by the Massachusetts Secretary of the Commonwealth
- Bylaws
- Federal Employer Identification Number (EIN)
- Statement of purpose that meets IRS requirements
- Statement that your Nonprofit Corporation will not engage in prohibited political or legislative activities
- A Plan of Dissolution describing the distribution of assets upon dissolution
There is also very specific language which needs to be included in your Articles of Incorporation which are filed with the Massachusetts
Secretary of the Commonwealth if you want to get 501(c)(3) Tax Exempt Status.
When a Nonprofit Corporation dissolves all remaining assets must be distributed to other active Nonprofits.
None of the remaining assets can be distributed to any directors, memebers or staff.
If you want to apply for 501(c)(3) Tax Exempt Status we will make sure your Articles of Incorporation include everyting that the IRS needs
before we submit them to the state.
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What happens when a Massachusetts Nonprofit Corporation wants to shut down? |
When a Massachusetts Nonprofit Corporation wants to cease operations, any assets of the Massachusetts Nonprofit Corporation
must be distributed to other Nonprofits which were formed for similar purposes as the Massachusetts Nonprofit Corporation which is
closing.
Under no circumstances can a Massachusetts Nonprofit Corporation distribute any remaining assets to its founders, directors or
employees.
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How can I Form a Massachusetts Nonprofit Corporation Online? |
If you are ready to Form a Massachusetts Nonprofit Corporation simply choose which Massachusetts
Nonprofit options that you want in the upper right corner of this screen then click the Next Step button.
You will be directed to a screen on which you can enter your specific a Massachusetts Nonprofit information and finalize your order.
If you have any questions regarding our Massachusetts Nonprofit services you can call uis toll free at 855-771-2477.
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