A nonprofit corporation is one that is organized for charitable or benevolent purposes. These corporations include certain hospitals, universities, churches, and other religious organizations. A nonprofit entity does not have to be a nonprofit corporation, however. Nonprofit corporations do not have shareholders, but have members or a perpetual board of directors or board of trustees.
The proper form and necessary content of articles or certificates of incorporation for a nonprofit corporation depend largely on the requirements of the state nonprofit corporation act in the state of incorporation. Typically nonprofit corporations have no capital stock and therefore have members, not stockholders. Because federal tax-exempt status will be sought for most nonprofit corporations, the articles or certificate of incorporation must be carefully drafted to include specific language designed to ensure qualification for tax-exempt status.
Illinois Articles of Incorporation, Not for Profit Organization, with Tax Provisions
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To apply for an Illinois sales tax exemption number, your organization should submit Form STAX-1, Application for Sales Tax Exemption, or Apply for or Renew a Sales Tax Exemption online using MyTax Illinois.
Contrary to popular belief, neither nonprofit incorporation nor federal 501c (3) tax status makes an Illinois nonprofit corporation automatically eligible for property tax exemption. Under Illinois law, every property owner is responsible for paying taxes until it proves that it is entitled to an exemption.
Most homeowners are eligible for this exemption if they own and occupy the property as their principal place of residence. Once this exemption is applied, the Assessor's Office auto-renews it for you each year. This exemption provides savings by reducing the equalized assessed value of an eligible property.
In order to qualify for a property tax exemption, your organization must be exclusively beneficent and charitable, religious, educational, or governmental and own the property that is used exclusively for charitable, religious, educational, or governmental purposes and not leased or used for profit.
In California, certain real property and personal property used for nonprofit purposes may be eligible for a property tax exemption. Some common exemptions include the Welfare Exemption, the most general of all exemptions, the Religious Exemption, the Church Exemption, the College Exemption, and the Cemetery Exemption.
Qualified organizations, as determined by the Illinois Department of Revenue (IDOR), are exempt from paying sales taxes in Illinois. The exemption allows an organization to buy items tax-free. In addition, their property may be exempt from property taxes.
DIRECTORS: Pursuant to section 108.10 of the General Not For Profit Corporation Act, the board of directors of a not for profit corporation shall consist of three or more directors. You can list between three and seven directors on the on-line articles of incorporation.
A 501(c)(3) operating in Illinois may not have to pay Illinois sales tax and it may be exempt from real estate taxes on property it owns. Both the Illinois sales tax and property tax exemptions are not automatic based on the 501(c)(3)'s income tax-exempt status. You must apply for both additional exemptions separately.