Legal Question in Business Law in Texas
nonprofits
in order to solicit members through its website, must a nonprofit organization qualify as a nonprofit in every state?
Asked on 2/22/05, 5:10 pm
1 Answer from Attorneys
Peter Bradie
Bradie, Bradie & Bradie
Re: nonprofits
In order for contributions to be tax-deductible, you need to be recognized by the I.R.S. as a 501(c)(3) non-profit entity. Otherwise you are considered to be a profit-making entity.
The fact that you are organized as a non-profit Texas corporation means that you may avoid paying Texas franchise taxes.
Anyone can solicit contributions, just so long as the solicitation isn't fraudulent. You could have a website called I.M.Broke.Com that says, "Please send money. All contributions gratefully accepted. Thank you." The money you receive has to be declared as income.
Answered on 2/22/05, 5:45 pm
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