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Nonprofit Organization Case Study

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The charter or articles of incorporation primarily determines whether an organization is a Nonprofit Organization. The articles of incorporation, bylaws, and the laws of the state of incorporation determine whether a charitable corporation is created as an independent entity with free agency. While the text of the articles of incorporation or charter should sufficiently determine the true purposes of a particular institution, its character must be determined not only the powers and purposes defined in its articles, but also by its methods of operation, and to any facts with rational probative value are admissible for the purpose of showing its charter. Some cases, however, have held that the charter or articles of incorporations are conclusive …show more content…

After a Nonprofit Organization was formed at the state level, it may seek tax-exempt status from the Internal Revenue Service (IRS), as statutory exemptions exist for certain types of Nonprofit Organizations. The IRS then reviews the application to ensure the organization complies with the conditions to be recognized as a tax-exempt organization such as the purpose, limitations on spending, and internal safeguards for a charity. The IRS, then, may grant the Nonprofit Organization tax exempt status for both income tax liability and deductions. This tax exemption is inapplicable to Federal taxes such as employment taxes. Tax-exempt organizations must also pay federal tax on income unrelated to their exempt purpose (UBIT). If the Nonprofit Organization fails to adhere to IRS rules and regulations, that entity could forfeit its tax exempt status. Individual states and local governments also offer nonprofit organizations tax exemptions from the sales tax or property tax. Federal tax-exempt status does not grant exemption from state and local taxes. The requirements for these exemptions may differ from the IRS requirements. Furthermore, many tax-exempt organizations must file annual financial reports (known as the IRS Form 990) at both the state and federal level. A tax-exempt organization 's 990 filings must be made available for public

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