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  1. Are all non-profit corporations tax exempt?
    No.  Non-profit status and tax exempt status are different things. As a general rule, in order to be tax exempt, a corporation must be incorporated as a non-profit corporation.  However, IRS Form 1023, “Application for Recognition of Exemption,” (or other appropriate Form) must be filed with the IRS.  In addition, most States require a separate filing in order to be tax exempt on the State level. 

  2. How does a non-profit corporation ensure that it will be tax exempt?
    The only way to ensure that a non-profit will be treated as a tax exempt entity by the IRS, State and other taxing authorities is to file IRS Form 1023, “Application for Recognition of Exemption” (or other appropriate Form).  In addition, depending on the State in which the business is conducted, an application for exemption will have to be filed with the appropriate State taxing authority.     

  3. I am not a U.S. citizen and I don’t reside in the United States.  Can I form a non-profit corporation in California?
    Yes.  A person does not have to be resident of a particular State or of the United States in order to form a non-profit corporation.

  4. Are non-profit corporations required to have bylaws and organizational minutes?
    Like all other corporations, non-profit corporations should have bylaws and organizational minutes.