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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 111525
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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Can you work with me to file my non profit with the IRS now?

Customer Question

Can you work with me to file my non profit with the IRS now? I got the info back from the state that the corp has been filed (yay!) and I have my ein as well. Let me know.
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I can assist you and work with you to file the non-profit, but I cannot fill out documents for you. If you would like assistance with that it may incur an additional services fee, depending on how much assistance is required.
Customer: replied 1 year ago.

I can't pay an additional fee but we can break it down into steps over a few questions like we did last time if thats ok with you. I can fill out the docs as long as I know what to put in them

Expert:  Law Educator, Esq. replied 1 year ago.
That would be just fine. I am more than willing to do that with you.

Let the questions begin here when you are ready.

Also, if your organization will have gross receipts of $50,000 or less and assets of $250,000 or less you would fill out the form 1023-EZ, which is short and very simple to fill out.
Customer: replied 1 year ago.

Ok, I did know about the 1023-ez. I didn't know about the 400 fee, ugh.

I saw on the form the following : Note. Most organizations seeking exemption from federal income tax under section 501(c)(3) are required to complete and submit an application. However, the following types of organizations may be considered tax exempt under section 501(c)(3) even if they do not file Form 1023 or Form 1023-EZ. Churches, including synagogues, temples, and mosques. Integrated auxiliaries of churches and conventions or associations of churches. Any organization that has gross receipts in each taxable year of normally not more than $5,000.

What does that mean? If I don't expect to have gross receipts in excess of 5k (which I don't) then what do I do to be sure I am recognized as a 501c3?

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

If you do not anticipate raising more than $5000 and were not incorporated already (because you do still have to file a tax return), then you do not have to file for recognition but if you end up raising more than the $5000, you need to file. All of the donations you receive though would not be tax deductible if it is not registered.

I would suggest still filing to get your recognized non-profit status because if you claim any of these donations on your corporation, that is the only way to not have to pay taxes on them.
Customer: replied 1 year ago.

Ok, sounds good. Couple other questions

1. Since at the moment I dont plan on raising more than 5k, and I can't currently spend the 400 yet to get the non profit status, can I still call myself a non profit since my corp is registered as a non profit?

2. Can I still take physical donations? (I am going to run a free bookmobile in my area for poor and rural families). Would the donation of books be considered as cash value? If publishing companies ask me if I'm a non profit, can I tell them yes?

I think that's the last of the questions for now. As I said, I don't have 400 free to spend on the irs fee right now, I will have to save it. Just trying to figure out if I will need to put everything on the back burner until that time or if I can still move forward.

When I have it I will come back to you to help me get the form done. Thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.

1) You cannot call yourself a non-profit because you are not a registered one.

2) If you take donations you would still have to claim everything you make as income to the corporation. You need to put everything on the back burner until you can file for the non-profit.
Customer: replied 1 year ago.

Sorry for taking so long to reply. I am registered in GA as a non profit, but I do not have the IRS status.....how can I not call myself a non profit?

also I asked Would the donation of books be considered as cash value?
How would I even begin to compute that, especially on used books?

thanks

Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply. This is actually a new question and should have been opened as a new question.

I hope you realize, the experts are not employees of this site and because you filed to leave any positive feedback for the time the expert already spent with you, the expert has received nothing for the time they spent with you. You are a subscription customer, such positive feedback would have cost you nothing as it was included in your subscription, but the expert has gone 2 months without any credit for their time. Thank you so much for understanding.

Now this new question, you are a non-profit in GA so you can call yourself a GA non-profit. You can also file the 1023-EZ with the IRS, it is simple and self-explanatory. See: http://www.irs.gov/pub/irs-pdf/f1023ez.pdf

Donations on items such as books go by the approximated cash value of the item at the time it is donated. So, if the book is used and donated, generally (unless it is an antique), the value would be less than the purchase cost of the book and you have to just approximate the value.

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