Form 990 & Compliance

Starting a Public Charity? Know What Comes After the Application

Thinking about starting a public charity?

Before you file any paperwork, it’s important to fully understand what you’re creating.

A 501(c)(3) organization isn’t just a business that doesn’t pay income tax; it is a distinct legal entity that must be organized and operated for specific exempt purposes. Obtaining recognition from the IRS is only one part of the process.

Here are a few key points to consider before getting started:

• What is the charitable purpose? Be specific. While stating “helping the community” expresses your intention, you need to clearly define what the organization will do, who it will serve, and how its activities fulfill a charitable purpose.

• Who will govern the organization? A nonprofit isn’t your personal business. Decisions should be made in the best interest of the organization, so having a proper governance structure is essential.

• How will it be funded? Consider various funding sources like donations, grants, program fees, sponsorships, and membership dues. Each of these can have different tax implications and reporting requirements.

• How will the organization operate? Think beyond just the initial event or program. Identify who will handle accounting, maintain records, and prepare the necessary federal and state filings.

• Do you actually need to create a new organization? Sometimes, you can achieve your mission by collaborating with an existing nonprofit or through a fiscal sponsorship instead of starting a new standalone entity.

Keep in mind that receiving 501(c)(3) status is not the end of the journey.

Public charities have ongoing responsibilities for federal and state filing, recordkeeping, governance, and compliance. Neglecting these obligations can lead to issues long after your exemption application is approved.

Starting with the right structure and understanding the associated responsibilities can save you a lot of time and frustration in the future.

As managing partner, David brings a wide range of experience from more than 25 years in nonprofit tax consulting. He works with growing and established public charities, private foundations, trade associations, healthcare organizations, and higher education institutions. Devoted to thorough comprehension of the rules and regulations critical to charitable and tax-exempt entities, David helps enhance an organization's image with contributors, the media, and the general public. His areas of concentration also include unrelated business income, intermediate sanctions, obtaining and maintaining exempt status, executive compensation & benefits disclosures, IRS examinations, and state solicitation requirements.

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