Legal Question in Business Law in California

Advantages of non profit incorporation vs for profit

We are an internet content provider. What are the advantages of incorporating as a non-profit vs a for-profit organization, and is there something in between?


Asked on 3/22/00, 6:13 pm

2 Answers from Attorneys

Ken Koury Kenneth P. Koury, Esq.

Re: Advantages of non profit incorporation vs for profit

this is a very complex issue as the differences are many and a lot depends on what you want to accomplish. there are also other options. if you want to give me a call to discuss it in more detail i wont charge you for the call.

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Answered on 3/28/00, 1:23 am
Joshua Genser Joshua G. Genser, Attorney at Law

Re: Advantages of non profit incorporation vs for profit

Incorporating as a non-profit may not be an option.

"Non-profit" doesn't mean you won't make any profits,

it means that the purpose of the company's existence

is other than to enrich the owners. In return for

living with limits on what the corporation can do

with its money and its assets on dissolution, and, for

that matter, on what the company can do in business,

the State and the IRS won't tax a non-profit corporation.

In addition, under certain circumstances, contributions

to a non-profit corporation organized for charitable,

religious or educations purposes are tax-deductible.

It's hard to imagine why an internet content provider

would consider being a non-profit corporation, or even

how it would qualify. If you're in the business to make

money, you're a for-profit corporation. However,

you really need to consult in detail with an attorney

before an answer can be given that would be customized

to your particular situation.

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Answered on 3/30/00, 12:29 pm


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