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.
New Mexico Articles of Incorporation, Not for Profit Organization, with Tax Provisions
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Register for Required State Licenses Yes. Your nonprofit can register for a state tax ID by submitting an Application for Business Tax Identification Number (Form ACD-31015) to the New Mexico Taxation and Revenue Department. You can submit online, and there is no filing fee.
Are Nonprofits Taxed? Nonprofit organizations are exempt from federal income taxes under subsection 501(c) of the Internal Revenue Service (IRS) tax code. A nonprofit organization is an entity that engages in activities for both public and private interest without pursuing the goal of commercial or monetary profit.
New Mexico considers you a tax-exempt organization if the federal government has first granted the status to you under Section 501(c) of the Internal Revenue Code with a classification as an educational or social entity. Your gross receipts may be exempt from gross receipts tax under Section 7-9-29 NMSA 1978.
Governmental Entity Exemptions For example: New Mexico cities, counties and public schools. Receipts of any foreign nation are exempt when exemption is required by a treaty to which the United States is a party (7-9-13).
Nonprofit organizations recognized by the federal government under Section 501(c) of the Internal Revenue Code enjoy tax-exempt status in New Mexico to varying degrees for income (not pur- chases) covered by their IRS letters of authoriza- tion. Federal law distinguishes among many types of nonprofit organizations.
The state does not have a sales tax; instead it assesses a gross receipts tax on merchants. Individually billed accounts (IBA) are not exempt from the gross receipts tax. Centrally billed accounts (CBA) may be exempt from the gross receipts tax.
Organizations described in section 501(c)(3) are commonly referred to as charitable organizations. Organizations described in section 501(c)(3), other than testing for public safety organizations, are eligible to receive tax-deductible contributions in ance with Code section 170.