Get your Website
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First thing's first: you need to secure a domain name for a website.
Ok, this isn't absolutely necessary, but if you want a website you can
purchase a domain name at
GoDaddy. It costs about $9
per year, plus web hosting fees from your
internet service provider. I set up virtual hosting for
my domain, but if you
have no interest in such things then it's best to leave it to the professionals.
File Documents with the Secretary of State
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To get an idea of how much it will cost you to incorporate, take a look at
this listing
of all fees for filing documents with the Corporations Section. You will
find that it is downright cheap to establish a non-profit corporation in
Texas. You will also find that for an extra $25
per document, you can get "expedited processing" -- which means that they'll
process your filing within a day. Unless you're in a hurry, there's no need
for this -- their normal turnaround time is pretty reasonable.
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If you anticipate that it may be awhile before you file your articles
of incorporation, you may want to
reserve
the name of your organization while the documents are in preparation.
This costs $40, and will ensure that nobody else
can use that name for a period of 120 days. This isn't necessary, but if you
are paranoid that your name might be taken then it's worth the money for
peace of mind. You'll need to fill out
this
form and submit two copies to the
Corporations
Section of the Office of the Secretary of State.
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Now you're ready to start preparing your articles of incorporation.
The basic
requirements are reasonably simple, and the answers to many common
questions can be found in the Corporation Section's
FAQ.
For more detailed information, I highly recommend the
Filing Guide for
Business Organizations & Nonprofit Associations published by the
Secretary of State.
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If you want your non-profit organization to be tax-exempt, now is the
time to think about it. There are specific requirements that the articles
of incorporation must satisfy for a corporation to be exempt under the
IRS tax code [501(c)(3)]. The best source for this information is IRS
Publication 557
called "Tax-Exempt Status for Your Organization". It contains sample
articles of incorporation from which you can borrow language directly.
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My articles of incorporation satisfy the bare minimum requirements in
Texas, and contain the specific language that allowed my organization to get
tax-exempt [501(c)(3)] status. You can take a look at
my articles if you like.
Once you have prepared your articles, submit two copies to the
Corporations
Section along with the $25 filing fee.
Deal with the IRS
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Once your articles have been filed and approved by the Secretary of
State, the next thing you'll want to do is
apply for an
Employer Identification Number through the IRS. You need to do this whether
or not the organization plans to have employees, because it establishes an
official identity for the organization. You will not, for example, be able
to establish a bank account in the organization's name without an EIN.
If you're in a hurry, you can get an EIN over the phone and mail your
form to the IRS afterwards.
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If you've designed your non-profit organization to be tax-exempt,
the next step will be to
apply for
recognition of that exemption by the IRS. If the organization has annual
gross receipts less than $5000, then you are not required to file this form,
but you may want to do so anyway to ensure donors that their contributions
will be tax-deductible, or to avoid state franchise taxes. The application
needs to be accompanied by a
fee
of either $150 or $500
depending on the amount of income the organization is expected to gross
during the first four years.
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I hope that you have found this summary of my experience to be useful. If so,
please contact me and let me know
what sort of non-profit organization you are establishing. Also, please visit
the website of my organization, see
what I'm doing, and consider making a
donation. Good luck!
* DISCLAIMER - I am not a lawyer, nor am I qualified to give legal advice.
This page simply relates my own personal experience incorporating in Texas,
and I hope that you find it useful.
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