What is a New-Jersey Nonprofit Corporation? |
A New Jersey Nonprofit Corporation is sometimes called a New Jersey Not-For-Profit Corporation.
A New Jersey Nonprofit Corporation is an organization that is legally registered with the New Jersey Department of Treasury.
While the federal government must approve the tax-exempt status of a New Jersey Nonprofit Corporation,
a New Jersey Nonprofit Corporation is not initially registered with any US government agency.
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A New Jersey Nonprofit Corporation is sometimes called a New Jersey Not-For-Profit Corporation.
A New Jersey Nonprofit Corporation is an organization that is legally registered with the New Jersey Department of Treasury.
While the federal government must approve the tax-exempt status of a New Jersey Nonprofit Corporation,
a New Jersey Nonprofit Corporation is not initially registered with any US government agency.
A New Jersey 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 New Jersey Nonprofit Corporations have much in common with New Jersey For-profit Corporations.
This includes the liability protection that comes with a legally registered New Jersey Nonprofit Corporation.
A lot of New Jersey Nonprofit Corporations hire managers and employees just like a New Jersey For-profit Corporation does.
The application process for a New Jersey Nonprofit Corporation is very similar to that of
a New Jersey For-Profit Corporation.
Contrary to popular belief, New Jersey Nonprofit Corporations can and do make money.
In a New Jersey Nonprofit Corporation, any profits must legally go directly back into the New Jersey Nonprofit Corporation.
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Do I need a lawyer to Form a New Jersey Nonprofit Corporation? |
The short answer is no. The state of New Jersey does not legally require a lawyer to form a New Jersey Nonprofit Corporation.
However, if there is anything about forming a New Jersey Nonprofit Corporation that you're not sure about you
should seek the advice of a competent New Jersey lawyer, a New Jersey accountant, or both BEFORE you Incorporate.
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The short answer is no. The state of New Jersey does not legally require a lawyer to form a New Jersey Nonprofit Corporation.
However, if there is anything about forming a New Jersey Nonprofit Corporation that you're not sure about you
should seek the advice of a competent New Jersey lawyer, a New Jersey accountant, or both BEFORE you Incorporate.
Once you have made the decision to Form a New Jersey 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 New Jersey Nonprofit Corporation.
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What are the most common types of New Jersey Nonprofit Corporations? |
The most common types of New Jersey Nonprofit Corporations are:
- New Jersey Public-benefit Nonprofit Corporations
- New Jersey Religious Corporations
- New Jersey Mutual-benefit Nonprofit Corporations
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A New Jersey Nonprofit Corporation is formed to provide some kind of public or community benefit.
Unlike the other types of New Jersey Corporations and LLCs, a New Jersey 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 New Jersey Nonprofit Corporations may not be eligible for tax exempt status.
A New Jersey Nonprofit Corporation may also be eligible for public and private grants.
A New Jersey Nonprofit Corporation is formed in a similar way as that of forming a New Jersey For-profit Corporation.
New Jersey Nonprofits must file Certificate of Incorporation in the same way that New Jersey For-profit Corporations do.
A New Jersey Nonprofit Corporation comes with the same liability protection as the other types of New Jersey Corporations.
The main difference between a New Jersey Nonprofit Corporation and a New Jersey For-profit Corporation is how
the profits of the New Jersey Corporation are distributed,
In a New Jersey For-profit Corporation profits can be distributed to shareholders.
New Jersey 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 New Jersey Nonprofit Corporations are:
- New Jersey 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
- New Jersey 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
- New Jersey 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 New Jersey Nonprofit Corporation
does not automatically qualify the New Jersey 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 New Jersey 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 New Jersey 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 New Jersey Nonprofit Corporation? |
No one person or group of people can own a New Jersey Nonprofit Corporation.
Once it is incorporated, the New Jersey Nonprofit Corporation is a separate legal entity from its founders, directors, officers, and
employees.
The New Jersey Nonprofit Corporation itself owns assets of the business and is entitled to receive all revenues from its operation.
Any equity in a New Jersey Nonprofit Corporation belongs to the organization itself, not to the founders, board of directors or staff.
In addition, a New Jersey Nonprofit Corporation cannot be sold to another individual, corporation or organization.
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Can a New Jersey Nonprofit Corporation make money? |
Contrary to popular belief a New Jersey Noprofit Corporation may actually make a profit.
Many New Jersey Nonprofit Corporations derive much of their funding from tax-exempt donations.
Sometimes a New Jersey Nonprofit Corporation can receive more in donations that the costs to actually run the organization.
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Contrary to popular belief a New Jersey Noprofit Corporation may actually make a profit.
Many New Jersey Nonprofit Corporations derive much of their funding from tax-exempt donations.
Sometimes a New Jersey Nonprofit Corporation can receive more in donations that the costs to actually run the organization.
A New Jersey For-Profit Corporation may distribute any excess assets to its owners or shareholders.
There is no distribution of assets in a New Jersey Nonprofit Corporation.
In a New Jersey Nonprofit Corporation all of the money earned by or donated to the New Jersey Nonprofit organization
is used in pursuing the organization's objectives as stated in its Certificate of Incorporation.
Any excess capital after the close of the New Jersey Nonprofit Corporation's fiscal year must be kept in the New Jersey Nonprofit's accounts.
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Are all New Jersey Nonprofit Corporations Tax Exempt? |
You do not form a New Jersey Tax Exempt Corporation – you form a New Jersey Nonprofit Corporation and then apply to the IRS for Tax Exempt status.
The IRS requires that certain language is included in the Certificate of Incorporation before it will grant tax exempt status to any New Jersey Nonprofit Corporaton.
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You do not form a New Jersey Tax Exempt Corporation – you form a New Jersey Nonprofit Corporation and then apply to the IRS for Tax Exempt status.
The IRS requires that certain language is included in the Certificate of Incorporation before it will grant tax exempt status to any New Jersey Nonprofit Corporaton.
After a New Jersey Nonprofit Corporation filing has been approved by the New Jersey Department of Treasury the organization must meet
certain requirements and submit an application for Tax Exempt status with the IRS.
Tax Exempt status means that a New Jersey Nonprofit Corporation
- Does not pay income taxes to the federal government.
- Does not pay corporate income taxes to the New Jersey state government.
- Donors may be able to take a charitable tax deduction for contributions to the New Jersey 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 New Jersey 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 New Jersey Nonprofit Corporation has approval from the IRS for Tax Exemption from US federal income tax that New Jersey Nonprofit is
automatically exempt from New Jersey Corporation income taxes.
After a New Jersey Nonprofit Corporation has obtained Tax Exemption from federal income tax by the IRS, that NJ Nonprofit can apply to the New Jersey Division of Taxation for an Exemption from state Sales and Use Tax.
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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 New Jersey 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 New Jersey 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 New Jersey 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:
- Certificate of Incorporation approved by the New Jersey Department of Treasury
- 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:
- Certificate of Incorporation approved by the New Jersey Department of Treasury
- 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 Certificate of Incorporation which are filed with the New Jersey
Department of Treasury 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 Certificate of Incorporation include everyting that the IRS needs
before we submit them to the state.
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What happens when a New Jersey Nonprofit Corporation wants to shut down? |
When a New Jersey Nonprofit Corporation wants to cease operations, any assets of the New Jersey Nonprofit Corporation
must be distributed to other Nonprofits which were formed for similar purposes as the New Jersey Nonprofit Corporation which is
closing.
Under no circumstances can a New Jersey Nonprofit Corporation distribute any remaining assets to its founders, directors or
employees.
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How can I Form a New Jersey Nonprofit Corporation Online? |
If you are ready to Form a New Jersey Nonprofit Corporation simply choose which New Jersey
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 New Jersey Nonprofit information and finalize your order.
If you have any questions regarding our New Jersey Nonprofit services you can call uis toll free at 855-771-2477.
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