Bylaws Examples For Nonprofit Organization In Pennsylvania
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FAQ
The nonprofit LLC is an option in some states for groups working in the nonprofit sector. However, in New York, you are limited to forming a nonprofit corporation to acquire tax exemption. At Lawyer For Business, we are business lawyers with extensive experience in New York State.
Does Pennsylvania Require Corporate Bylaws? Pennsylvania's statute's don't explicitly state that you need corporate bylaws. However, Pennsylvania Consolidated Statute § 1310 implies the necessity of bylaws by stating that an organizing meeting “shall be held… for the purpose of adopting bylaws.”
A Pennsylvania limited liability company (LLC) may be formed for any lawful purpose, including a nonprofit purpose.
You'll want to identify at least three board members to meet IRS requirements. Pennsylvania law requires every nonprofit corporation to have a President, Treasurer, and Secretary (i.e. officers who perform comparable duties) and a single person may hold all three offices.
To qualify as exempt from Pennsylvania Unemployment Compensation Tax, a nonprofit corporation must meet the requirements set forth in the PA UC Law. However, if the nonprofit corporation is liable for PA UC tax, they may qualify for the Reimbursable Employer option for PA UC tax.
Pennsylvania Nonprofit Tax Exemption Receiving an IRS determination letter does not mean nonprofits are automatically exempt from state taxes. Instead, nonprofits must apply for state tax exemption separately from applying for a 501(c) tax exemption with the IRS.
Nonprofit status may make an organization eligible for certain benefits, such as state sales, property, and income tax exemptions; however, this corporate status does not automatically grant exemption from federal income tax.
While you are not required to file your bylaws with the state when incorporating your nonprofit organization in Pennsylvania, the IRS requires a filing of bylaws with applications for 501(c)(3) tax-exempt status (Form 1023).
