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Does My Nonprofit Need to File an IRS Form 990 While Waiting for Tax Exempt Status?

by | Sep 5, 2013 | Applications for Exemption, FAQs | 0 comments

Question:  Our nonprofit corporation filed its IRS Form 1023 many months ago and has not yet been approved as a tax-exempt charity by the IRS.  Does the corporation have to file its tax return on IRS Form 990?

Yes:  A nonprofit corporation that seeks to become a 501(c)3) tax-exempt charity must file an IRS form 990 for the period beginning the day the corporation is formed  even if the IRS has not yet approved the corporation’s application for tax exemption.  The tax return must be filed EVEN IF THE CORPORATION DID NOT HAVE ANY INCOME!

If the corporation ultimately gets its tax-exemption, but failed to file Form 990s for three consecutive years, the IRS will automatically revoke the corporation’s tax exemption.

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  2. Top Ten Reasons for Delays in Processing Exempt Organization Applications
  3. Arizona Corporation Commission Has New Nonprofit Organization Forms
  4. 10 Keys to Starting a Nonprofit – Public Charity
  5. Checklist for Nonprofit Corporation Bylaws

Written By Richard Keyt

About the Author

Richard Keyt, JD, is a seasoned attorney with over 30 years of experience in nonprofit law. As a founding partner of KEYTLaw, LLC, Richard is passionate about helping individuals and organizations establish successful nonprofit entities in Arizona. His expertise and commitment to client success have made him a trusted advisor in the field.

More Posts by Richard

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