Legal Question in Tax Law in Virginia

I am a member of a hunt club with 35 members. We would like to become incorperated and get non-profit status. We would only use money collected to mantain roads and such. How do you go about this process.


Asked on 1/06/10, 3:27 am

1 Answer from Attorneys

Ronald Cappuccio Ronald J. Cappuccio, J.D., LL.M.(Tax)

Filing for nonprofit status in a state is the first step of the process for becoming a tax-exempt organization. This requires a Certificate or Articles of Incorporation. The Incorporation documents must detail the charitable or other non-profit purpose. The Certificate of Incorporation must also have language restriction the use of the assets for non-profit purposes.

IRS Form 1023 is supposed to be filed within the first 27 months of incorporation. The IRS will accept a late filed Form 1023 and, if requested may allow the exemption, when granted, to be retroactive.

The not for profit corporation must adopt appropriate Bylaws.Non-profit corporation ByLaws are very different from Bylaws of a for-profit corporation.

I have a detailed article at:

http://nonprofitesq.com/startinganonprofit.html

I hope this helps!

Ron Cappuccio

http://www.NonProfitEsq.com

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Answered on 1/13/10, 1:48 pm


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