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Ready to File Your Nonprofit Corporation?
You're in the right place! Begin by answering the questions below. During the business formation process you will be asked if you wish to add additional services such as applying for an Employer Identification Number (EIN). We have also included the frequently asked questions (FAQs) for Nonprofit corporations, Registered Agents, Annual Reporting, and EINs below if you would like to reference them while going through the formation process. If at any point, you would like to speak to one of our customer service representatives regarding the completion of this form, call us at (888) 205-1926.
Nonprofit Corporation Frequently Asked Questions
Most frequently Asked Nonprofit Corporation Questions and Answers
What is a nonprofit corporation?
A nonprofit corporation is created to perform religious, education, charity, literary or scientific work. Since the work performed by the nonprofit is a benefit to the common public, nonprofits are eligible to receive tax-exempt status, meaning the nonprofit does not pay state or federal taxes income taxes on any profits made. Nonprofits are required to file with the IRS to obtain a tax exemption status which is a different process than registering the nonprofit with the state.
What do I need to consider when incorporating a nonprofit corporation?
Regardless of the type of business structure you select, there are other considerations you’ll need to make while filing:
- Do you need an Employer Identification Number (EIN)?
- Who will serve as your company’s registered Agent?
What is an Employer Identification Number (EIN) and do I need one?
An EIN is a 9 digit number assigned by the IRS and is required to be able to identify the tax account of employers and others who do not have employees. Although nonprofit organizations are not formed to produce a profit, nonprofits are still required to obtain an EIN. The EIN is a requirement to establish a bank account for your business and also required when applying for tax-exempt status. Applying for an EIN is a different process than registering your business with the state. Our services include the option to have us apply for an EIN and communicate with the IRS on your company’s behalf.
What is a Registered Agent and do I need one?
Each state requires a business that is formed within the state, including nonprofits, to elect a registered agent (RA). An RA is the person or business entity that will accept service of process (lawsuit) notices, correspondence from the Secretary of State and other notifications – such as tax forms. You’ll need FileYourBusiness.Com to serve as your RA if you do not have a physical address (i.e. a PO Box), are not available every day during normal business hours (away on vacations, business trips, etc.) or simply want to avoid falling out of “good standing” with the State and risk penalties such as fines or revocations.
What ongoing filings are needed to ensure a nonprofit corporation remains in good standing?
Your corporation must file an Annual Report with the state’s Division of Corporations each year to maintain an active status. The corporation’s first annual report is typically due between January 1st and May 1st of the calendar year following the year the corporation is formed. We’ll make sure your business files its Annual Report each year avoiding an inactive status. We also perform other maintenance such as reinstatements, dissolutions, and registered agent changes.
How do I obtain federal tax exemption for my nonprofit corporation?
You will need to submit a federal 501(c)(3) tax exemption application to the IRS and include your file articles of incorporation and EIN. Depending on the size of your nonprofit corporation, you will submit IRS Package 2013, Application for Recognition of Exemption or Form 1023-EX, Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. Fileyourbusiness.com will assist you with filing your articles of incorporation and obtaining an EIN but we do not currently assist with filing tax exemption applications.
How do I form a Nonprofit Corporation?
Begin by completing the form above. We’ll guide you through the process step by step.
Registered Agent (RA) Frequently Asked Questions
Most Frequently Asked Registered Agent Questions and Answers
What is a registered agent (RA)?
An RA is the person or business entity that will accept service of process (lawsuit) notices, correspondence from the Secretary of State and other notifications (such as tax forms) on your company’s behalf and forward such materials to your business in a timely manner.
Is a registered agent required for my business?
Each state requires that each business that is filed within the State to elect a registered agent (RA). A sole proprietor is not required to have an RA since they are not an incorporated business.
Can I serve as the registered agent for my business?
Yes, you can serve as the RA for your own business but there are items that you should consider before electing to do so:
- You will always have to be available during normal business hours to ensure receipt of service of process notices, correspondence from the Secretary of State and other notifications. If the registered agent is not available due to a personal vacation, business trip or a client meeting, there may be consequences that are severe in nature.
- If you elect to be your company’s RA, then you’ll have to receive service of process documents at your place of business which may be embarrassing in front of employees, clients and prospective customers.
FileYourBusiness.Com can serve as your RA if you do not have a physical address (i.e. you have a P.O. mailbox), are not available every day during normal business hours (vacations, business trips, etc.) or simply want to avoid falling out of “good standing” with the State and risk penalties such as fines or revocations.
What services does a registered agent perform?
The main service that a registered agent performs is physically being at the registered agent’s office ready and willing to accept service of process on behalf of your corporation or LLC. Important items such as documents informing you of a lawsuit and compliance related (local and federal) correspondence will be brought to your attention via a phone call and/or electronically scanning the documents and e-mailing them to you so you can act on them as soon as possible to avoid a possible default judgment, fines or other sanctions.
How do I select a registered agent?
If you are using our services to file your business you will be provided an option to select FileYourBusiness.com or another company/individual to perform your registered agent services. If you are a sole proprietor, having a registered agent is not applicable to you. If your business is already filed in Florida and you would like to enroll in FileYourBusiness.com’s Registered Agent Services you can do so by clicking here.
Annual Reporting Frequently Asked Questions
Most Frequently Asked Annual Filings & Maintenance Questions and Answers
What are Annual Filings/Reports?
Annual Filings (also known as “Annual Reports”) are forms that update or confirm the records of the state’s Division of Corporations. These annual reports must be filed each year to maintain an “active” status with the Department of State and are required regardless if you do or do not need to make changes to the state’s records. These reports are not the same as your annual tax return which is filed with the IRS.
During the annual filing, you will be able to edit/change the EIN, principal address, mailing address, registered agent name and information, and make changes to the officer or directors. If you do not file an annual report timely, your business entity will be administratively dissolved or revoked in the state’s records which will result in reinstatement fees as well as late fees which can be as much as $400.
What types of businesses are required to submit annual filings?
All businesses formed with your state are required to file an annual report – LLCs, C corporations, S corporations and nonprofit corporations must all file an annual report with the state’s Division of Corporations.
What is the penalty if I fail to submit the annual filing before the deadline?
A penalty, sometimes in excess of $400, is applied if the report is filed after the annual deadline. The penalty may not apply to nonprofit corporations depending on your state’s policies.
How do I submit the annual filing for my business?
If you are using our services to form your business you will be provided an option to select FileYourBusiness.com to submit the required annual filings for your business, avoiding substantial late fees. If you elect not to choose this annual service while forming your business with us, then you may still request FileYourBusiness.com to submit the annual filing for your business by clicking here.
Employer Identification Number (EIN)
FAQs
Most Frequently Asked EIN Questions and Answers
What is an Employer Identification Number (EIN)?
An EIN is a 9 digit number assigned by the IRS and is required to be able to identify the tax account of employers and others who do not have employees. The EIN is also a requirement to establish a bank account for all formed businesses (LLCs, Corporations and Nonprofits) and some sole proprietorships. Applying for an EIN is a different process than registering your business with the state. Our services include the option to have us apply for an EIN and communicate with the IRS on your company’s behalf.
Is an EIN required for an incorporated business (LLC, Corporation, S Corporation, Nonprofit)?
Yes, an EIN is required to be able to identify the tax account of employers and others who do not have employees. The EIN is also a requirement to establish a bank account for your business. Applying for an EIN is a different process than registering your business with the state. Our filing services include the option to have us apply for an EIN and communicate with the IRS on your company’s behalf.
Is an EIN required for a sole proprietorship?
If operating as a sole proprietor, you may not need to apply for one, but it is highly recommended as it can avoid identify theft, help you establish yourself as an independent contractor and it may be required by your financial institution to establish a bank account. There are circumstances where an EIN is required for a sole proprietor which are:
- you will hire employees
- you buy or inherit a business that you operate as a sole proprietorship
- you have a Keogh or Solo 401(k) retirement plan
- you incorporate or form a partnership or LLC or
- you file for bankruptcy.
How do I obtain an EIN?
If you are using our services to incorporate your business you will guided through applying for an EIN as part of our business formation service. If you are a sole proprietor (which means you are not going to file your business with the state) and you wish to apply for an EIN, you can do so by clicking here.