What type of tax returns are required for a non-profit corporation that doesn’t have 501(c)(3) status?

Posted on February 7, 2009 by

corporation tax
kady1863 asked:


To limit liability, I have suggested that a group with which I am involved register with the state as a non-profit corporation. Going through the complications of 501(c)(3) status isn’t important for us. We don’t have employees, or any assets other than, potentially, a bank account. The main objection is that we would have to file a tax return. I doubt this would be terribly involved. I can’t get an answer on what type of tax return we would need to use. Would we use one for a regular corporate tax return since we’re not a 501(c)(3)? How complicated are these returns? We probably bring in $5,000 or less per year from donations and fundraisers.
To limit liability, I have suggested that a group with which I am involved register with the state as a non-profit corporation. Going through the complications of 501(c)(3) status isn’t important for us. We don’t have employees, or any assets other than, potentially, a bank account. The main objection is that we would have to file a tax return. I doubt this would be terribly involved. I can’t get an answer on what type of tax return we would need to use. Would we use one for a regular corporate tax return since we’re not a 501(c)(3)? How complicated are these returns? We probably bring in $5,000 or less per year from donations and fundraisers. And yes, donors know it’s not tax deductible. That’s not our concern.
990 EZ applies only if we have 501(c)(3) status I think. And yes, donors know that their contributions are not tax deductible.
I posted the question here because when I called the IRS’s non-profit number, I got a message saying that due to high call volume, no one was available to take the call. Apparently they don’t have a system for keeping you on hold until the next available representative can take the call, or they are soooo backed up that no one would be available to take the call for such a long time that they kick you off instead.

Comments (4)

 

  1. stl_aer says:

    Do your donors know that they aren’t contributing to a 501(c)(3)? They can’t deduct their charitable contributions to you on their tax returns.

    Organizations with gross receipts less than $25,000 annually are not required to file an annual return. But that only applies if you ARE a 501(c)(3). Maybe you should check into that tax exempt status.

  2. Karpenisi_Ted says:

    I think the Form 990 is used.

    Better to file a Form 990 to cover all the bases whether the organization is 501(c)(3) or not.

  3. Judy says:

    There are organizations that are not 501(c)(3) who use a 990, but according to the instructions on irs.gov, it’s for organizations exempt from income tax and that doesn’t sound like what you are. I’m not sure from your description where the “non-profit” designation comes from, or if you’re just a regular corporation.

    I’d suggest that you call the IRS, describe your organization, and ask them what needs to be filed.

  4. Khemosabi's Ranger says:

    Form 990-EZ

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