[Hidden-tech] 501(c)(3)

[Michael Billingsley]

I agree with your first respondent's (Ed McBride's) answer, that most  
of the steps are visible, straight-forward and do-it-yourself.  I ran  
everything by an attorney for consultation prior to filing.  The IRS  
and the Commonwealth of Massachusetts have a little bit of  
information to guide you - at least to make sure that you have  
everything you need.  A check list is essential.

Having made, at this point, six successful filings for 501(c)(3)  
status for  arts, social service and Buddhist organisations, I can  
say -  don't forget that the organisation has to be a going concern  
and must exist as a "substantial" social entity matching the  
description on paper.

You can't get IRS tax-exempt status for something that isn't visibly  
operational, doesn't have a statement of purpose and operating  
guidelines for things like fiscal accountabiity and governance (which  
become the basis for your ByLaws), isn't registered with the  
Secretary of State for a tax ID, hasn't filed in the Commonwealth as  
a non-profit, and doesn't have a Statement of Purpose (which it is  
fulfilling in real life) and Board of Directors (with names and  
addresses) who meet at least once a year.

Sounds like you've done some of these things already.

These bare bones of organisational reality are incumbent upon the  
organisation to put into place.  Documentation that the organisation  
is doing its job... putting into effect its stated purpose... helps  
guarantee that it will be treated favourably in the long run by the  
IRS.  Newpaper clippings, samples of periodicals and newsletters and  
screenshots of webpages, etc. as well as minutes from meetings all  
establish that you are who you say you are, and that you aren't a scam.

The IRS is approached by people trying to "create" non-profits from  
thin air for all manner of reasons...  so you need to look ahead and  
distinguish yourself from such deceits.

Good luck
Michael Cerulli Billingsley
Straight Arrow
CD Mastering & Production • Location Recording • Acoustics & Music  
Consultation



On Apr 21, 2009, at 9:25 PM, Jeff Mackler wrote:

>   ** Be sure to fill out the survey/skills inventory in the  
> member's area.
>   ** If you did, we all thank you.
>
>
> Hi All,
> I'm looking for a lawyer to help with the formation of a new non- 
> profit.  We need someone with experience getting the paperwork done  
> and getting the process completed without speedbumps.  The non- 
> profit will be largely based in the web world, so ideally a lawyer  
> with some knowledge in that area would be great.  I know there are  
> online services that are cheap and claim that they can get this  
> done, but I'm a bit wary of that (unless you've got an experience  
> that proves otherwise).
>
> Thanks for your help.
>
> -Jeff
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