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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
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Experience:  30 years of corporate, litigation and international law
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I would like to know what documents must be filed in the State

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I would like to know what documents must be filed in the State of California to become a legitimately existing Non-profit public benefit corporation. I am told that we must do more than just filing the Articles of Incorporation, we must also file something with the Franchise Tax Board etc.
Submitted: 1 year ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 1 year ago.

bizlaw :

Hello, I will try to help you. Please remember I just report or interpret the law, so the outcome may not be what you hoped for. To form a non profit corporation that can accept contributions that are tax deductible you must do the following. After you incorporate, you need to file for federal tax exempt status. Once you get that tax exempt status you can readily obtain a comparable status in CA. If you get the state exemption first it will still not permit contributions to your organization to be tax deductible for federal tax purposes. Here is a link to a guide on what you need to do to get both exemptions. http://www.publiccounsel.org/tools/publications/files/npincorp_guide.pdf

bizlaw :

If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer:

I need you to pass this question on to someone else, because I did not ask you about contributions, I ask what do I need to do to compleatly become a non-profit public benefit corporation in California I did not ask you anything about getting money or paying taxes. .

bizlaw :

I was explaining to you that one of the benefits of a non profit is that contributions are tax deductible. Many people assume that because they are non profit they get that benefit. The link I gave you tells you precisely what you need to file in CA as a non-proft. One form is FTB 3500A if you have already received a letter awarding you tax exempt status from the IRS and the other form FTB 3500 is used if you have not. You already seem to know that you need to file articles of incorporation as a non profit entity. I am not sure what other question you have. If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Customer:

so in California.to compleatly form a non-profit public benefit corporation you must file the (1) FTB 3500 and (2) the Articles of Incorpration.

Customer:

would you be considered formed it you only filed the Articals of Incorporation.

bizlaw :

You would be formed if you only did the articles of incorporation but you need to file the other form to be in compliance with CA law.


If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If my answer was particularly helpful you can pay a bonus.

Customer:

If I don't file the other forms to be in compliance with CA law.what powere do I have or not have.

bizlaw :

If you do not file you are subject to a number of penalties. The board members will be personally liable for the past due fees and penalties. Here is a link to the CA Attorney General page discussing the penalties. http://keepmetaxfree.com/didnt-register-your-nonprofit-with-the-state-heres-what-happens/

bizlaw :

If I have answered all your questions, please rate my answer excellent as that is how I am compensated. If you have more questions, please let me know. If the answer was especially helpful you can provide a bonus.

Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 8901
Experience: 30 years of corporate, litigation and international law
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