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Index
Cover
Title
Copyright
Acknowledgments
About the Author
Table of Contents
Your Legal Companion for Forming a Nonprofit Corporation in California
1 Is Nonprofit Incorporation Right for You?
Is Your Group a Nonprofit That Can Use This Book?
Benefits of the Nonprofit Corporation
The Disadvantages of Going Nonprofit
How Nonprofits Raise, Spend, and Make Money
Your Path to Nonprofit Status
Incorporating in Another State—Don’t Fall for It
2 Legal Rights and Duties of Incorporators, Directors, Officers, Employees, and Members
Incorporators and Their Role as Promoters
Directors
Officers
Employees
Membership Nonprofits
3 Requirements for Section 501(c)(3) Tax Exemption
Section 501(c)(3) Organizational Test
Valid Purposes Under Section 501(c)(3)
Other Requirements for 501(c)(3) Groups
Information for Specific Questions About Your Group’s Activities
4 Public Charities and Private Foundations
The Importance of Public Charity Status
How to Qualify for Public Charity Status
Private Foundations
5 Other Tax Benefits and Requirements
Federal and State Tax Deductions for Contributions
Federal Estate and Gift Tax Exemptions
Federal Unrelated Business Income Tax
California Unrelated Business Income Tax
California Nonprofit Tax Exemption
California Attorney General Reporting Requirements
California Welfare Exemption
Other California Tax Exemptions
State Solicitation Laws and Requirements
6 Choose a Name and File Your Articles of Incorporation
Choose a Corporate Name
Practical Suggestions for Selecting a Name
Check Name Availability
Reserve Your Corporate Name
Perform Your Own Name Search
Prepare Articles of Incorporation
File Your Articles
Appoint Initial Corporate Directors
7 Bylaws
Choose a Membership or Nonmembership Structure
Bylaws for a Public Benefit Corporation
Membership Bylaw Provisions for a Public Benefit Corporation
Bylaws for a Religious Corporation
Membership Bylaw Provisions for a Religious Corporation
8 Apply for Your Federal 501(c)(3) Tax Exemption
Getting Started
Ways to Complete the Tax Exemption Application
Preliminary Reading
Adding Attachment Pages
Public Inspection Rights
Do You Need to File Form 1023?
Prepare Your Tax Exemption Application
Filling Out the Schedules
Assemble and Mail Your Application to the IRS
What to Expect From the IRS
The Federal Determination Letter
9 Final Steps in Organizing Your Nonprofit
Obtain Your State Tax Exemption
Set Up a Corporate Records Book
Prepare Offer to Transfer Assets From an Existing Business or Organization to Your Nonprofit
Prepare Minutes of Your First Board of Directors’ Meeting
Complying With the Bulk Sales Law
Prepare a Bill of Sale for Assets
Prepare Assignments of Leases and Deeds
File Final Papers for the Prior Organization
Notify Others of Your Incorporation
Apply for a Mailing Permit
Apply for Your Property Tax Exemption
File a Domestic Corporation Statement
File an Initial Report With the Attorney General
Issue Membership Certificates
File Your Articles With the County Recorder
Register With the Fair Political Practices Commission
10 After Your Corporation Is Organized
Piercing the Corporate Veil—If You Want to Be Treated Like a Corporation, It’s Best to Act Like One
Federal Corporate Tax Returns
California Corporate Tax Returns and Reports
Federal and State Corporate Employment Taxes
Sales Tax Forms and Exemption From Sales Tax
Licenses and Permits
Workers’ Compensation
Private Insurance Coverage
Dissolving a Nonprofit Corporation
11 Lawyers, Legal Research, and Accountants
Lawyers
Legal Research
Accountants and Tax Advice
Appendixes
A Using the Downloadable Forms and Other Online Material
Editing RTFs
List of Corporate, IRS, and other Forms and Publications on the Nolo website
B Forms
Incorporation Checklist
Special Nonprofit Tax-Exempt Organizations
Articles of Incorporation of a Nonprofit Public Benefit Corporation with Mail Submission Cover Sheet
Articles of Incorporation of a Nonprofit Religious Corporation with Mail Submission Cover Sheet
Name Availability Inquiry Letter
Name Reservation Request Form
California Form 3500A, Submission of Exemption Request
IRS Form 1023-EZ: Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code
IRS Package 1023: Application for Recognition of Exemption (With Notice 1382)
Member Register
Membership Certificates
Index
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