HOW TO FORM A NONPROFIT IN WASHINGTON ONLINE
What is a Washington Nonprofit Corporation?
explain
A Washington Nonprofit Corporation is sometimes called a Washington Not-For-Profit Corporation.
A Washington Nonprofit Corporation is an organization that is legally registered with the Washington Secretary of State.
While the federal government must approve the tax-exempt status of a Washington Nonprofit Corporation,
a Washington Nonprofit Corporation is not initially registered with any US government agency.
A Washington Nonprofit Corporation is an organization that works to serve some kind of public interest
rather than to provide financial benefit to any particular individuals or entities.
Many Washington Nonprofit Corporations have much in common with Washington For-profit Corporations.
This includes the liability protection that comes with a legally registered Washington Nonprofit Corporation.
A lot of Washington Nonprofit Corporations hire managers and employees just like a Washington For-profit Corporation does.
The application process for a Washington Nonprofit Corporation is very similar to that of
a Washington For-Profit Corporation.
Contrary to popular belief, Washington Nonprofit Corporations can and do make money.
In a Washington Nonprofit Corporation, any profits must legally go directly back into the Washington Nonprofit Corporation.
Do I need a lawyer to Form a Washington Nonprofit Corporation?
explain
The short answer is no. The state of Washington does not legally require a lawyer to form a Washington Nonprofit Corporation.
However, if there is anything about forming a Washington Nonprofit Corporation that you're not sure about you
should seek the advice of a competent Washington lawyer, a Washington accountant, or both BEFORE you Incorporate.
Once you have made the decision to Form a Washington Nonprofit Corporation, a lawyer can file your documents and act as a middle man for a few hundred
dollars an hour; or you can use an online service provider like All Business Documents to perform these services and save money that you
can use in your new Washington Nonprofit Corporation.
What are the most common types of Washington Nonprofit Corporations?
explain
A Washington Nonprofit Corporation is formed to provide some kind of public or community benefit.
Unlike the other types of Washington Corporations and LLCs, a Washington Nonprofit Corporation
may be eligible
for certain benefits, including tax exemptions on both the state and federal levels.
Depending on the nature of the organization, some Washington Nonprofit Corporations may not be eligible for tax exempt status.
A Washington Nonprofit Corporation may also be eligible for public and private grants.
A Washington Nonprofit Corporation is formed in a similar way as that of forming a Washington For-profit Corporation.
Washington Nonprofits must file Articles of Incorporation in the same way that Washington For-profit Corporations do.
A Washington Nonprofit Corporation comes with the same liability protection as the other types of Washington Corporations.
The main difference between a Washington Nonprofit Corporation and a Washington For-profit Corporation is how
the profits of the Washington Corporation are distributed,
In a Washington For-profit Corporation profits can be distributed to shareholders.
Washington Nonprofits are legally required to use the income to further a goal that benefits the community or some part of the public.
The most common types of Washington Nonprofit Corporations are:
- Washington Public-benefit Nonprofit Corporations
Organized for the general public benefit, rather than for the interest of its members or shareholders
Formed primarily for social, educational, recreational or charitable purposes
Examples are food banks and youth sports organizations
- Washington Religious Corporation
Organized to promote religious purposes
Subject to less complicated filing and reporting requirements than other types of Corporations
May be exempt from regulations governing non-religious groups performing the same services
- Washington Mutual-benefit Nonprofit Corporation
Serves its members in ways other than just distributing profits to them
Cannot obtain IRS tax-exempt status as a charitable organization
Pays the same taxes as For-profit Corporations
Examples are homeowners associations or a public utility companies
While most federal tax exempt organizations are Nonprofit Corporations, registering a Washington Nonprofit Corporation
does not automatically qualify the Washington Nonprofit for tax exempt status at the federal level.
The IRS recognizes various types of tax exempt Nonprofit Corporations.
To receive federal tax exempt status a Washington Nonprofit Corporation must file forms with the Internal Revenue Service.
The forms can get very complex depending on the nature of the Nonprofit.
Also, a Washington Nonprofit Corporation cannot legally use its resources for propaganda or to further a political cause
or to support a candidate for public office.
What is the difference between a Washington Nonprofit Corporation and a Washington Benefit Corporation?
explain
One of the major responsibilities of a Washington For-profit Corporation is to increase shareholder value.
For most Washington Corporations the pursuit of shareholder value is done without regard for specific benefits to the public.
The only benefits that matter are those that benefit the shareholders, who are the owners of the Washington Corporation.
Washington For-profit Corporations often face pressure to abandon social goals in order to increase their bottom line.
Washington Nonprofit Corporations are formed to provide some kind of public benefit but may be restricted in their ability to raise capital
when they need to grow.
The state of Washington has created a new kind of For-profit Corporation which has a legal responsibility to include some
kind of public benefit in their Corporate operating requirements.
A Washington Corporation of this kind is called a Washington Benefit Corporation or a Washington B Corporation.
Benefit Corporations are a hybrid between a For-profit and nonprofit Corporation.
Operating capital is easier to raise for a Washington Benefit Corporation and the Washington Benefit Corporation is
required to provide some kind of public benefit.
Benefit Corporations do not have any special tax breaks or benefits.
Benefit Corporations are taxed just like any other Washington Corporation is taxed.
To qualify as a Washington Benefit Corporation, a Corporation must have an explicit social or environmental mission, and a legally binding
fiduciary responsibility to take into account the interests of workers, the community and the environment as well as its shareholders.
A Washington Benefit Corporation must also publish independently verified reports on its social and environmental impact
alongside its financial results.
Some examples of the specific public benefit that a Washington Benefit Corporation must provide, among others, include:
- Providing low-income or under served individuals or communities with beneficial products or services
- Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business
- Preserving the environment
- Improving human health
- Promoting the arts, sciences or advancement of knowledge
If needed, we can help you form a Benefit Corporation in Washington.
Who owns a Washington Nonprofit Corporation?
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No one person or group of people can own a Washington Nonprofit Corporation.
Once it is incorporated, the Washington Nonprofit Corporation is a separate legal entity from its founders, directors, officers, and
employees.
The Washington Nonprofit Corporation itself owns assets of the business and is entitled to receive all revenues from its operation.
Any equity in a Washington Nonprofit Corporation belongs to the organization itself, not to the founders, board of directors or staff.
In addition, a Washington Nonprofit Corporation cannot be sold to another individual, corporation or organization.
Can a Washington Nonprofit Corporation make money?
explain
Contrary to popular belief a Washington Nonprofit Corporation may actually make a profit.
Many Washington Nonprofit Corporations derive much of their funding from tax-exempt donations.
Sometimes a Washington Nonprofit Corporation can receive more in donations that the costs to actually run the organization.
A Washington For-Profit Corporation may distribute any excess assets to its owners or shareholders.
There is no distribution of assets in a Washington Nonprofit Corporation.
In a Washington Nonprofit Corporation all of the money earned by or donated to the Washington Nonprofit organization
is used in pursuing the organization's objectives as stated in its Articles of Incorporation.
Any excess capital after the close of the Washington Nonprofit Corporation's fiscal year must be kept in the Washington Nonprofit's accounts.
Are all Washington Nonprofit Corporations Tax Exempt?
explain
The state of Washington does not have a Corporate income tax so there is no need for a Nonprofit Exemption from Washington Corporation income taxes.
What is a 501(c)(3) Nonprofit Corporation?
explain
501(c) refers to a section of IRS code which deals with tax exempt organizations including, but not limited to,
Nonprofit Corporations.
The most common type of tax-exempt organization falls under section 501(c)(3) of the IRS code.
This section of the IRS code allows a Washington Nonprofit organization to be exempt from federal income tax if its activities include any of the
following purposes:
- Charitable
- Religious
- Educational
- Scientific
- Literary
- Testing for public safety
- Fostering amateur sports competition
- Preventing cruelty to children or animals
There are other types of 501(c) tax exempt organizations defined in the IRS code - 29 of them - but 501(c)(3) tax exempt organizations
are by far the most common in the state of Washington and the US.
One advantage to qualifying to be a 501(c)(3) tax exempt organization is that most foundations will only make grants
to 501(c)(3) Nonprofits.
Tax exemption does not excuse a Washington Nonprofit organization from maintaining proper records and filing any required annual or special-purpose tax
returns if they are required.
Failure to file required returns such as Form 990 (Return of Organization Exempt From Income Tax) may result in fines.
One prohibition for 501(c)(3) organizations is that they are prohibited from conducting political campaign activities to intervene
in elections to public office.
There are, however, provisions which may allow some 501(c)(3) organizations to legally lobby to influence legislation.
What information does a Nonprofit need before it can apply for 501(c)(3) Tax Exempt Status?
explain
BEFORE you apply with the IRS for 501(c)(3) Tax Exempt status it will need the following:
- Articles of Incorporation approved by the Washington Secretary of State
- Bylaws
- Federal Employer Identification Number (EIN)
- Statement of purpose that meets IRS requirements
- Statement that your Nonprofit Corporation will not engage in prohibited political or legislative activities
- A Plan of Dissolution describing the distribution of assets upon dissolution
There is also very specific language which needs to be included in your Articles of Incorporation which are filed with the Washington
Secretary of State if you want to get 501(c)(3) Tax Exempt Status.
When a Nonprofit Corporation dissolves all remaining assets
must be distributed to other active Nonprofits.
None of the remaining assets can be distributed to any directors, members or staff.
If you want to apply for 501(c)(3) Tax Exempt Status we will make sure your Articles of Incorporation include everything that the IRS needs
before we submit them to the state.
What happens when a Washington Nonprofit Corporation wants to shut down?
explain
When a Washington Nonprofit Corporation wants to cease operations, any assets of the Washington Nonprofit Corporation
must be distributed to other Nonprofits which were formed for similar purposes as the Washington Nonprofit Corporation which is
closing.
Under no circumstances can a Washington Nonprofit Corporation distribute any remaining assets to its founders, directors or
employees.
How can I Form a Washington Nonprofit Corporation Online?
If you are ready to
Form a Washington Nonprofit Corporation simply choose which Washington
Nonprofit options that you want in the upper right corner of this screen then click the
Next Step button.
You will be directed to a screen on which you can enter your specific a Washington Nonprofit information and finalize your order.
If you have any questions regarding our Washington Nonprofit services you can call us at
855-771-2477 or email us at
CorpServices@AllBizDocs.com.
WASHINGTON NONPROFIT COST ESTIMATOR
Our WA Nonprofit Processing Services include:
(These services are included in our processing fees)
Optional Washington Incorporation Services
(Choose options, cost is updated automatically)
-
Expedited Service - $50
explain
Normal processing time for a new Washington Nonprofit is 2-3 business days.
This is the time by which the Washington Secretary of State will either approve or deny the Nonprofit application.
Washington Nonprofit applications must be received by the Secretary of State before noon Washington time for the process to start that day.
Another way to expedite your order is to choose the Express Mail option.
The Express Mail option can cut the document delivery time in half.
- Express Mail - $35
explain
If you really need your original approved Articles of Incorporation in your hands quickly, the
Express Mail option can cut the delivery time in half.
The Express Mail option has no effect on the Washington Secretary of State's processing time. For the quickest turn-around time also choose the Expedited Service option.
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WA Registered Agent - $135
explain
Every Washington Nonprofit is required to have an address within the state of Washington where
official and legal correspondence can be delivered.
The individual or company that is registered with the state of Washington to receive all correspondence
on behalf of the Nonprofit is called a Registered Agent.
You may act as your own Registered Agent, however, many Nonprofits hire a Registered Agent because they don't have a physical address within
Washington or to provide a distinct level of privacy.
We can act as your Washington Nonprofit Registered Agent.
This is an annual service.
We will forward all correspondence to you and will remind you when it is time to renew your WA Registered Agent services.
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Customized Bylaws - $75
explain
Bylaws are the rules by which your Washington Nonprofit must operate.
Every new Washington Nonprofit requires bylaws.
Almost anything may be written into the bylaws, however, the bylaws must not be in violation of any law or
your Washington Nonprofit's Articles of Incorporation.
We can create customized initial bylaws for your Washington Nonprofit that are based on your specific business requirements.
As your company grows over time, you may amend your bylaws as necessary.
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WA Good Standing Certificate - $70
explain
A Washington Good Standing Certficate is proof of the existence of your new Washington Nonprofit.
The Certificate is issued by the Washington Secretary of State and is proof that your WA Nonprofit is not behind on any
of its Washington Secretary of State Corporate obligations.
A Washington Good Standing Certificate is often required for loans, to apply for business licenses, or for tax or other business purposes
in the state of Washington or in any other state.
We can get your Washington Good Standing Certificate immediately after the Washington Secretary of State has approved your Nonprofit application.
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Federal EIN - $65
explain
An FEIN is like a Social Security Number for your Washington Nonprofit.
We can get your FEIN on the same day that your Articles of Incorporation are approved by the Washington Secretary of State.
You can get your FEIN before your articles are approved by the Washington Secretary of State but it's a good idea to wait until
after approval.
Your filing may be rejected or the Nonprofit name that you want may not be approved.
Changing information on an FEIN filing is not a trivial exercise with the IRS.
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Nonprofit Kit and Seal - $99
explain
While you're not required to have a Nonprofit Kit and Seal for your new Washington Nonprofit they do come in handy.
The WA Nonprofit Kit consists of a beautiful customized binder, stock certificates, a stock ledger
and your custom Nonprofit Seal.
The Nonprofit Seal is used to emboss important company documents, such as stock certificates.
The binder also includes dividers so you can use it for all of your Washington Nonprofit record keeping.