QUESTION

Should we become an incorporated non-profit or is an unincorporated non-profit with tax exempt status enough for one large event per year?

Asked on Jul 28th, 2017 on Business Law - New York
More details to this question:
We put on a yearly community event around the theme of public safety, health and community building. This event gets larger each year and it's becoming difficult to sustain the event on the small donations we manage to get without tax exempt status. We want to be able to solicit larger corporate donations and donations from corporations that only donate to tax exempt. We won't maintain an office or have paid employees. We are in New York and I want to make sure we choose the right option and that we can continue to put on this event every year. We don't have any money to start this and in my research i see that tax exempt status for under $50k is a $275 filing fee. We will have to raise the money to do this so I want to make sure we choose the right root.
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1 ANSWER

Estate Planning Attorney serving New York, NY
1 Award
You are confusing two issues, I think.  If you are a non-profit, you pay no income tax.  However, you need a 501(c) filing with the IRS for your donors to deduct their payments to you as a charitable contribution.  This filing is unrelated to your status with NY state.  You will find it easier I think if you incorporate, but an accountant will handle the tax elections.
Answered on Aug 01st, 2017 at 3:04 PM

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