The Complete PTO Start-Up Package
It can be intimidating and time consuming
to draft the legal documents necessary to incorporate and file for
recognition of tax-exemption. For organizations that don’t have
the time to do-it-themselves Pfau Englund Nonprofit Law, P.C.
provides a complete, start-up package for $1,750. This fee includes:
- drafting articles of incorporation
- drafting bylaws
- drafting and filing the appropriate IRS exemption application
(either Form 1023 or 1024) and the related IRS documents
(forms SS-4 and 2848)
In addition, the IRS commonly will ask a series of additional questions
when reviewing an exemption application. The package includes answering
any questions forthcoming from the IRS through an initial determination
regarding exempt status by the IRS. And, if for any reason the IRS does
not grant recognition of tax-exemption the $1,750 retainer fee is fully refundable.
Frequently Asked Questions:
How long does it usually take to get recognition of tax-exemption?
The entire process generally
takes about 3 - 6 months from start to finish. A lot
of it depends on how fast the client gets information to
us, and on how long a particular state takes to file the
articles of incorporation. Most of the applications we
file with the IRS are reviewed in about 3 - 4 months.
It’s important to keep in mind, however, that the official
date of the tax-exemption from the IRS will date back to
the original date of incorporation if the tax-exemption
application is filed within 27 months of the end of the
month of the date of incorporation.
Are there any additional costs other than the $1,750?
Clients are also responsible for the fee to file
the articles of incorporation in their state, typically $25-100, and
for the IRS filing fee. The IRS filing fee is currently $750 if your
organization expects to receive gross receipts (income) of $10,000
or more per year. If your annual gross income is less than $10,000
the IRS filing fee is $300. Rarely will we charge for other expenses
such as if you request or require overnight mail delivery of any of the
documents or if any computer research is necessary. Our firm does
not routinely charge for copies, phone calls or other routine administrative
expenses. These are all included in the flat rate for the start-up package.
How do we get started?
First you should contact our firm either by
phone (703.304.1204) or by email (spfau@nonprofitlaw.com).
Sandy will discuss your organization with you and determine if she thinks it
qualifies for exemption. Then you will need to sign a retainer letter that
you understand the firm’s fees and the work we will complete for you
and provide the retainer fee. In addition, to get started we will need the
following basic information about your organization:
- Name and address for the organization
- Basic mission statement and list of primary activities you plan to engage in
- List of names and addresses of the initial board of directors
(we recommend at least 3-5 board members to start)
- Estimated budgets for the first three years of the organizations
existence, including basic sources of income (i.e., individuals,
corporate grants, private foundation grants, membership dues)
and major categories of expense (i.e., program expenses, salaries,
rent/utilities, legal, accounting).
We recommend setting up a simple
spreadsheet as follows:
| |
Year 1 |
Year 2 |
Year 3 |
| Income |
|
|
|
Individual Donations |
$ |
$ |
$ |
| Corporate grants |
$ |
$ |
$ |
| Total Income |
$ |
$ |
$ |
| |
|
|
|
| Expenses |
|
|
|
| Program expenses |
$ |
$ |
$ |
| Salaries & benefits |
$ |
$ |
$ |
| Rent/utilities |
$ |
$ |
$ |
| Legal |
$ |
$ |
$ |
| Accounting |
$ |
$ |
$ |
| Total Expenses |
$ |
$ |
$ |
| Net surplus (deficit) |
$ |
$ |
$ |
What happens after you get all the necessary information?
We'll draft articles of incorporation and bylaws
and complete the required IRS forms. We'll send everything
to you for your review and signature, and then the documents
will be filed.
How often does the IRS deny tax-exemption?
For applications we've filed...rarely, if ever.
We simply don't take on cases that we don't think will qualify
for tax-exempt status.