What is a Nonprofit Corporation?

Nonprofit corporations are organizations formed to further a social clause, provide public benefit, and serve a charitable purpose. These groups can be for religious, educational, or other public service reasons that aren't aimed to garner profit, unlike many businesses strive to achieve.

Also known as 501(C)(3), derived from the tax code section that permits operation, the Internal Revenue Service recognizes a Nonprofit corporation as a tax-exempt organization created solely for public or charitable purposes.

These entities are often structured as public charities and play a crucial role in the community. They are also governed by a board of directors, allowing them to apply for tax-exempt status to avoid state taxes and solidify their commitment to operating as a charitable organization rather than a profit organization. In contrast to mutual benefit corporations, which serve the private interests of members, Nonprofit corporations prioritize public benefit, emphasizing their mission to contribute to the greater good.

Understanding a Nonprofit Corporation

This type of organization must have at least one director or trustee. It can either distribute its assets to the federal government or state or give them to another Nonprofit corporation upon dissolution. Governed by a board of directors, this organization operates with a distinct purpose, benefitting the general public, a specific segment of the community, or a membership-based group.

While most corporations for profit can engage in any lawful business activity, Nonprofit businesses must indicate a purpose that benefits the general public, a specific segment of the community, or a membership-based group.

Moreover, donations from individuals and other business entities are typically exempt from federal or state taxation. This differentiation underscores the fundamental distinction between a Nonprofit corporation and a mutual benefit corporation or profit organization, as the former emphasizes charitable objectives over private interests.

Nonprofit Corporations vs. Other Business Structures

If you’re uncertain about starting a nonprofit corporation or other business entities, here are the differences you should consider.

Ownership

Shareholders who contribute money, services, or properties can own other business structures. They expect to profit from their investments through dividends of appreciation of shared values. Meanwhile, a Nonprofit business doesn’t have owners. Voluntary members don’t expect any profit from their efforts, and such organizations are typically exempt from state taxes.

Distribution of corporate profits

Any profits earned by nonprofit organizations, recognized as a legal entity, are used to further their charitable cause, while benefit corporations can distribute their profits to shareholders.

This distinction emphasizes the core mission of nonprofit organizations, often structured as public charities, where financial gains are reinvested to support their charitable objectives rather than being distributed to private shareholders.

Duties

The duties of a benefit corporation’s directors are wide-scoped, as they can affect shareholders, employees, and the community. On the other hand, the responsibilities of a nonprofit business director are limited to only fulfilling its purpose.

Funding

Benefit companies earn capital and funding by selling products, offering services, and looking for investments. A 501(C)(3) can’t do this and can only get funding through donations, government and private grants, and fundraising activities.

Taxation

Most business structures are taxed as a C corporation and subjected to federal income tax at a corporate level. If they're under an S corporation taxation, their income will be passed through their shareholders.

Organizations with a charitable purpose can apply for federal tax-exempt status and be considered tax-deductible to the person contributing.

Forming a Nonprofit Corporation

There are requirements Nonprofit businesses must meet, such as the following:

• The business must be created to organize and operate for different purposes, such as charitable, educational, religious, literary, scientific, public safety, or cruelty prevention. Examples of these entities include hospitals, charities, churches, foundations, and universities.
• Gains and assets cannot be distributed to directors, officers, or members.
• Remaining assets upon dissolution must be given to another qualified tax-exempt entity or group.
• The organization cannot participate in political campaigns for or against candidates in public office.
• The corporation cannot engage in grassroots legislation or any political activity except as permitted under federal tax rules.
• If you plan to start a Nonprofit business, you must know that financial and regular operations must be made public to inform donors about how contributions are used.

Moreover, while some Nonprofit corporations use only volunteer labor, others pay their full-time team members. Therefore, organizations must pay employment taxes and abide by workplace rules like for-profit businesses do.

Advantages and Disadvantages

Types of Nonprofit Corporations

If you plan to register a Nonprofit corporation, there are various types to consider. Each category has its own set of rules for tax-deductible contributions, lobbying, and eligibility.

Social Advocacy Groups

Social advocacy groups, recognized as a legal entity under 501(C)(4), promote a social or political effort. Examples of this charitable organization, which may or may not fall under the category of public charities, include Greenpeace, the American Civil Liberties Union, and the National Association for the Advancement of Colored People.

They engage in fundraising activities and lobbying to educate the public about their cause, often navigating state taxes and adhering to legal requirements associated with their nonprofit status.

501(C)(5)

If your Nonprofit organization is for labor, agricultural, or horticultural purposes, it falls under this designation. They aim to improve working conditions and increase efficiency. Unlike a mutual benefit corporation or profit organization, these entities often emphasize their charitable objectives and may apply for tax-exempt status to further their mission.

501(C)(7)

This designation is for social and recreational purposes, such as hobby groups, country clubs, and sports leagues. Governed by a board of directors, these entities may not fall directly under the umbrella of a charitable organization but are structured to fulfill social and recreational objectives.

501(C)(11)

This Nonprofit organization manages a teacher’s retirement fund. The sources of income are membership dues, investments, and tax proceeds.

501(C)(17)

The 501(C)(17) category aims to provide support and payment for individuals who are temporarily or permanently unemployed.

501(C)(19)

Veterans can join the designation of a Nonprofit organization. For a 501(C)(19) to be considered eligible, 75% or more of its members must be active or past armed forces members.

Nonprofit Corporation Cost

The cost to start a Nonprofit corporation can be categorized into filing fees and administrative charges.

In filing fees, you must incorporate in your state before you apply for tax-exempt status with the IRS. However, the cost is significantly less than most IRS fees, with most states requiring between $50 to $400.

Administrative charges include office space and your staff. How much space will you need? Will you need computers, printers, and other supplies? Are you renting the space long-term? What benefits can you offer your team members?

Other charges you can consider are not required but can help promote your Nonprofit corporation, including marketing efforts, software, and website and domain name purchase. Applying for tax-exempt status is a critical step in establishing your Nonprofit as a legal entity eligible for certain benefits and exemptions.

Register your Nonprofit Corporation in Nevada with NCH

There are several types of Nonprofit organizations, and knowing which is best for your intentions can be difficult.

Get professional help registering a Nonprofit organization when you partner with NCH, Nevada’s leading business formation service provider. With our team of specialists ready to support you, you’ll kickstart your 501(C)(3) in no time.

Apply for a Nonprofit corporation in Nevada today. Contact the NCH team at 1-800-508-1729 for a FREE consultation.

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