What is a Non Profit Corporation of New York?
If you are passionate about making a difference, helping your community, providing a place to worship and working for the public good, then starting a nonprofit may be an exciting and rewarding opportunity. You can create religious corporations, foundations, churches, mosques, temples and synagogues under non profit laws.
Where to file Non Profit Organization in New York?
- Most non religious corporations register with the New York Department of State, Division of Corporations. Non religious corporations are considered to start for a good cause, and main intention should not be making profit.
- Most religious corporations are filed with the counties. You provide a place to worship under religious corporations laws.
How to File a Non Profit Corporation or Organization with The New York Department of State, Division of Corporations?
- Minimum three directors or officers are required to open a non religious corporation in New York.
- Minimum Six directors or officers are required to open religious corporation in New York.
- Check name availability to advertise your nonprofit organization. You can also reserve the name before filing the original articles to incorporate your nonprofit organization.
- Non religious filings submit to the New York Department of State, Division of Corporations.
- Religious filings submit to your county.
- Purpose to register a Non Profit-Many documents cannot be filed because of name issues, errors, omissions, purpose of registration or misstatements contained in the proposed filings submitted to New York Department of State, Division of Corporations. State or counties do not give you legal advice and we recommend to consult with a professional before filing.
- File Articles of Incorporation of a Nonprofit Religious Corporation or Non Relegious Corporation.
- Service of process-Provide registered agent name and address to process your application. Registered agent can be a person or an entity.
- Corporate address must be a physical address and PO Box is not acceptable.
- Incorporator must sign the Articles of Incorporation of a Non Profit Corporation.
How to Create a 501C3 or Exempt Status in New York?
- Federal tax law provides tax benefits to nonprofit organizations recognized as exempt from federal income tax under section 501(c)(3) of the Internal Revenue Code (IRC). It requires that most organizations apply to the Internal Revenue Service (IRS) for that status.
- This IRS Publication 4220 presents general guidelines for organizations that seek tax-exempt status under section 501(c)(3) of the IRC. Content includes references to the statute, Treasury regulations, other IRS publications that explain the requirements for tax-exempt status, and IRS forms with instructions. Publication 4220 is neither comprehensive nor intended to address every situation. As an alternative to applying for exemption, an organization may obtain many of the benefits of 501(c)(3) status by affiliating with an existing charity that acts as its agent. It is important to note that the existing charity must be given full control and authority over the program.
- The benefits of having 501(c)(3) status include exemption from federal income tax and eligibility to receive tax-deductible charitable contributions. To qualify for these benefits, most organizations must file an application with, and be recognized by, the IRS as described in this publication. Another benefit is that some organizations may be exempt from certain employment taxes.
- Individual and corporate donors are more likely to support organizations with 501(c)(3) status because their donations can be tax deductible. Recognition of exemption under section 501(c)(3) of the IRC assures foundations and other grant-making institutions that they are issuing grants or sponsorships to permitted beneficiaries.
- An IRS determination of 501(c)(3) status is recognized and accepted for other purposes. For example, state and local officials may grant exemption from income, sales or property taxes. In addition, the U.S. Postal Service offers reduced postal rates to certain organizations.
What is New York Exempt Status?
Nonprofit corporations in New York are not automatically exempt from paying New York franchise tax or income tax each year. You have apply for the exempt status with the Internal Revenue Service.
Maintain books and Records and Open Bank Account
Every non profit entity is required to maintain contribution and distribution of funds. You should open a separate bank account to record our your non profit activities.
Report to Internal Revenue Service and Secretary of State
You may have to file annual returns with the Internal Revenue Service and Secretary of State. We recommend you to consult with your CPA to follow your deadlines.
Do you need a Sales Tax Certificate of Authority in New York?
You are required to obtain a Sales Tax Certificate Authority to purchase stuff for your non profit corporation.
Can you open a Non Profit in New York as a Non US Resident?
You can Open a Non Profit Corporation with the New York Department of State, Division of Corporations as a Non US Resident without having a social security number.
Yealy Filings
You may have to file annual information reports to the Internal Revenue Service and the State to report your contributions and distribution of funds.
Useful links:
