Setting up an American 501 (c)(3) Non-profit Organisation.

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1 Setting up an American 501 (c)(3) Non-profit Organisation

2 Why Fundraise from America? Americans inside & outside the USA expect to be asked to donate to charity. US Grant making Foundations expect to be asked for money and the larger foundations fund huge projects throughout the world. Americans are amazing fundraisers and will form a committee and put on an event and set very high targets for their fundraising if they really believe in your organisation. In 2014 the total giving in the USA was $338 billion the highest total ever! The US is #1 in the world in terms of participation in giving, and also has the highest value of individual giving. Many Americans who are involved with a charity outside the USA will be enthusiastic to replicate work in the US or to establish an organisation which will partner with a US non-profit entity.

3 Most American individuals, foundations & companies will only support charitable organisations outside the USA by making gifts and grants to a US non-profit known as a 501(c)(3)

4 What is a 501(c)(3)? 501(c)(3) is a section of the US Internal Revenue Code. It means that an organisation is exempt from taxation on its income and donations to it are tax-deductible to the individual or corporate donor. It also meets the legal needs of foundations as a grantee. The organisation is incorporated in one of the states as a non-profit company and receives its 501(c)(3) status from the IRS. Americans cannot get tax deductions if they give directly to a non-us organisation. A non-us charity needs the support of a 501(c)(3) to attract tax-effective gifts from Americans.

5 Tax Deduction for every donation The tax deduction reduces the tax paid by the donor. The donor s taxable income is reduced by the amount of the donation and then the tax rate applied against the lower amount. Tax effective giving is a powerful part of US giving. It is very much seen as an important savings and part of the charitable giving of the donor. US taxpayers are used to getting a tax deduction for every donation they make and they expect it. The donor can give cash, shares, property, personal property and other items all of which qualify for a tax deduction. A US donor can only receive a tax deduction for giving to a US 501(c)(3) tax-exempt organisation. The 501(c)(3) can use the funds received to support a non-us entity. Chapel & York can set up a 501(c)(3) on your behalf. This gives you name recognition in the US and your donors a real sense of involvement with your organisation and your activities. Chapel & York can also provide the annual maintenance to keep the 501(c)(3) legally and tax compliant services.

6 Setting up a US 501(c)(3) Non-profit Organisation State of Incorporation Application for Tax Exempt Status Before applying to the IRS for tax-exempt status, most organisations first become incorporated. First, a non-profit company is registered in one of the 50 states. The initial information required to form the company includes the name of the 501(c)(3), names and addresses of the members of the Board of Directors (at least three, a majority being US citizens with US addresses), Prepare and file your "articles of incorporation, create bylaws that will dictate how the corporation is run and state information about the proposed activities and fund-raising plans. The state of incorporation governs the basic operation of the company. Incorporation will protect board members and other individuals in your organisation from being held personally liable in case of a lawsuit. A registered agent is also appointed. This is either a person or company and isn t an agent in the sense that it represents you in the US. The registered agent is required by the State of Incorporation as the place where official documents are sent. Next, the new company applies for 501(c)(3) status from the Internal Revenue Service. This is done through a Form 1023, Application for Tax-Exempt Status which is sent to the Internal Revenue Service with a package of related forms and information about the proposed 501(c)(3). Negotiation with the Internal Revenue Service may be required before approval is finally granted. This is not an instant process and can take many months. 501(c)(3) status, when granted, is 'good' for all 50 states + DC. It is the 501(c)(3) status which confers exemption from tax on the organisation and which means that donations to the organisation will be tax-deductible.

7 For a one off cost, Chapel & York undertakes everything necessary to form the US 501(c)(3) including: - Pre-registration discussion about the proposed 501(c)(3) and initial decisions, advice about Board of Directors, officers, insurance, fundraising. - Communication with proposed Board members as required. - Meeting as necessary (any charges for travel are agreed with the client in advance) - Formation of a non-profit company in the state chosen. - Preparation of initial minutes for the company to elect Board of Directors, officers, establish banking facilities, approve application of 501(c)(3) submission. - Preparation of materials for 501(c)(3) status and submissions of materials to Internal Revenue Service with applicable attachments (Form 1023). - Negotiation with the Internal Revenue Service as required. - Post-registration advice about administrative issues including stationery, banking, credit card, and brokerage accounts, volunteer activities. - Review of 501(c)(3) fundraising to ensure it meets the public charity test. Prices start at 5,000 + VAT. It is possible to spread the cost in agreement with Chapel & York. The Chapel & York charge includes payment of the following: Internal Revenue Service fee, Incorporation fee to State of Incorporation, Fee to Registered Agent for first year. Using an Intermediary If you only anticipate receiving a few donations from US donors you may want a less expensive alternative to setting up a 501(c)(3) and instead want to work with an existing one. Chapel & York manage The American Fund for Charities ( which supports a number of non-us entities. Using an Intermediary organization is often seen ideal for charities with a small operating budget unable to afford a 501(c)(3) of their own.

8 Some of the Organisations we work with...

9 Chapel & York Limited is not a law firm although it employs lawyers. Chapel & York cannot guarantee the accuracy of material contained within this brochure and takes no responsibility for any action occasioned by its use. The material featured was not intended to be legal advice. It is advised that you consult your own lawyer in regard to your specific situation. United Kingdom +44 (0) United States [email protected] Company Registered in England & Wales no Registered Office: 12 The Courtyard, Ladycross Business Park, Hollow Lane, Lingfield, RH7 6PB VAT GB