Exempt Organization Creation


Establishing an exempt organization, such as a nonprofit, charitable entity, or religious institution, involves several legal steps and careful planning. Understanding these steps and the legal requirements is crucial for anyone looking to create such an organization. Howard Lewis & Petersen, PC, based in Provo, Utah, offers comprehensive legal services to assist with the formation of exempt organizations, ensuring compliance with all relevant laws and regulations.

Understanding Exempt Organizations

Exempt organizations are entities that qualify for tax-exempt status under the Internal Revenue Code. These organizations include charities, religious institutions, educational organizations, and more. The primary benefit of achieving exempt status is the ability to receive tax-deductible donations, which can significantly aid in fundraising efforts.

Howard Lewis & Petersen, PC, can guide you through the complex process of establishing an exempt organization, helping to ensure all necessary legal requirements are met. For more details on our services, visit our practice areas page.

Steps to Creating an Exempt Organization

Creating an exempt organization involves several critical steps:

1.   Define Your Mission

The first step in creating an exempt organization is to clearly define your mission and objectives. This will guide your activities and help attract supporters and donors. A well-defined mission statement is also a requirement for obtaining tax-exempt status.

2.   Choose a Legal Structure

Next, you must choose the appropriate legal structure for your organization. Common structures for exempt organizations include nonprofit corporations, trusts, and unincorporated associations. Each structure has its own legal implications and benefits, and a Provo business attorney can help you determine the best option for your needs.

3.   File Articles of Incorporation

Once you have chosen a legal structure, you will need to file articles of incorporation with the state. This document includes essential information about your organization, such as its name, purpose, and structure. Filing articles of incorporation is a crucial step in legally establishing your organization.

4.   Apply for an Employer Identification Number (EIN)

An Employer Identification Number (EIN) is required for tax purposes and to open a bank account in the organization’s name. You can apply for an EIN through the IRS website.

5.   Draft Bylaws

Bylaws are the rules that govern your organization’s operations. They should outline the roles and responsibilities of directors and officers, how meetings are conducted, and other important procedures. Having comprehensive bylaws is essential for maintaining order and transparency within the organization.

6.   Apply for Tax-Exempt Status

The most crucial step in creating an exempt organization is applying for tax-exempt status with the IRS. This involves completing and submitting Form 1023 or Form 1024, depending on the type of organization you are establishing. This process can be complex, and it is advisable to seek assistance from a Utah business lawyer to ensure your application is thorough and accurate.

For more detailed guidance on establishing an exempt organization, explore our resources page.

Legal Assistance in Creating Exempt Organizations

Creating an exempt organization involves managing a variety of legal requirements and paperwork. Howard Lewis & Petersen, PC, offers dedicated legal services to help you through each step of the process. Our team of Provo business lawyers provides the necessary knowledge to ensure your organization meets all legal criteria and successfully achieves tax-exempt status.

Embark on Your Journey to Making a Difference

Creating an exempt organization can be a rewarding endeavor, but it requires careful planning and legal guidance. Howard Lewis & Petersen, PC, is here to help you through the process, ensuring your organization is set up for success. Whether you need assistance with drafting bylaws, filing for tax-exempt status, or understanding legal obligations, our team is ready to assist.

Starting an exempt organization is a significant undertaking, but with the right legal support, it can be a smooth and successful process. Our business attorneys in Provo, Utah are dedicated to helping you achieve your goals and make a positive impact. Our firm provides the comprehensive legal assistance needed to manage the complexities of creating an exempt organization. Contact us today to schedule a consultation and take the first step towards establishing your exempt organization.