Monday, May 9, 2016

How to Apply For 501c3 Status in Florida

How to Apply For 501c3 Status in FloridaOriginal source:  http://freedomtaxaccounting.com/how-to-apply-for-501c3-status-in-florida/#respond

 

  1. To Incorporate in Florida

    Submit Articles of Incorporation to:



    Department of State

    Division of Corporations

    PO Box 6327

    Tallahassee, FL 32314


    Non-Profit Info.: (850) 245-6052

    Web Site: www.sunbiz.org

    Filing Fee: $35

    Designation of Registered Agent Fee: $35









    Note: The Articles of Incorporation may be filed online here.


  2. To Obtain 501(c)(3) Tax-Exempt Status

    Submit Form 1023, Application for Recognition of Exemption to:



    Note new address:

    Internal Revenue Service

    P.O. Box 12192

    Covington, KY 41012-0192


    Information: (800) 829-1040

    Forms: (800) 829-3676

    Web Site: www.irs.gov/charities

    Filing Fee: $850 ($400 for IRS Form 1023-EZ)









    Note: Certain organizations, including those with gross revenues at or below $50,000 annually, may qualify to file the online Form 1023-EZ, Streamlined Application for Recognition of Exemption. For more information and to determine if you are eligible for this form, refer to the IRS website.


  3. To Obtain Florida Sales Tax Exemption

    Submit Form DR-5, Application for Consumer's Certificate of Exemption, with a copy of the IRS 501(c)(3) Determination Letter to:



    Account Management/Exemptions

    Florida Department of Revenue

    PO Box 6480

    Tallahassee, FL 32314-6480


    Phone: (800) 352-3671

    Web Site: dor.myflorida.com/dor/

    Filing Fee: $0









    Note: Additional documents may be required with the filing, depending upon the type of non-profit organization seeking exemption. Refer to the DR-5 instruction booklet for details.

     

    Form Your Florida Nonprofit Corporation



    First, you need to form a nonprofit corporation under Florida state law.



    1. Choose who will be on the founding board of directors for your nonprofit corporation



    In Florida, your nonprofit corporation must have three or more directors.



    2. Choose a name for your Florida nonprofit corporation



    The name of your nonprofit corporation cannot be the same as the name of another nonprofit corporation on file with the Florida Department of State. To see if your proposed name is available, you can search Florida's name database.



    In Florida, your nonprofit corporation name must contain one of the following words: "corporation," "incorporated," or their abbreviations. It may not contain the word "company" or its abbreviation, "co."



    3. Prepare and file your nonprofit articles of incorporation



    You will need to create and file nonprofit articles of incorporation with the Florida Department of State. The articles of organization must include basic information such as: 


    your nonprofit's name and street address your nonprofit's specific purpose (not a general purpose statement) the manner in which the directors are elected and appointed the name and street address in Florida of your registered agent.

    The incorporator must sign the articles and the registered agent must sign its consent to act as agent for service of process. 



    The Department of State has an articles of organization form on its website which you can fill in online, print out, and mail in. Complete and file your articles following the instructions provided on the Secretary of Commonwealth's website.



    The articles form on the Department of State's website does not include language required by the IRS to obtain tax-exempt status. To receive 501(c)(3) tax-exempt status from the IRS, you'll need to have certain specific language in your articles, including:


    a statement of purpose that meets IRS requirements statements that your non-profit will not engage in prohibited political or legislative activity, and a dissolution of assets provision dedicating your assets to another 501(c)(3) organization upon dissolution.

    For more information on IRS requirements for tax exemption, see IRS Publication 557, Tax-Exempt Status for Your Organization, available on the IRS website. Make sure you include the federal tax-exempt required language in the articles you create. 



    4. Prepare bylaws for your Florida nonprofit corporation



    You'll need to prepare bylaws that comply with Florida law and contain the rules and procedures your corporation will follow for holding meetings, electing officers and directors, and taking care of other corporate formalities required in Florida. For more information, see Nolo's article Nonprofit Formation Documents: Articles of Incorporation, Bylaws, and Organizational Minutes, or, for help creating your bylaws, see Nolo's book How to Form a Nonprofit Corporation, by Anthony Mancuso (Nolo). Your bylaws do not need to be filed with the Florida Department of State -- they are your internal operating manual.



    5. Hold a meeting of your board of directors



    Your first board meeting is usually referred to as the organizational meeting of the board. The board should take such actions as:


    approving the bylaws appointing officers setting an accounting period and tax year, and approving initial transactions of the corporation, such as the opening of a corporate bank account.

    After the meeting is completed, minutes of the meeting should be created.




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