Purpose Of Bylaws For Nonprofits In Pennsylvania
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FAQ
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.
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.
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.
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.”
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.
Major items exempt from the tax include food (not ready-to-eat); candy and gum; most clothing; textbooks; computer services; pharmaceutical drugs; sales for resale; and residential heating fuels such as oil, electricity, gas, coal and firewood.
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.”
Does my tax-exempt organization need to submit changes in its bylaws to the IRS? The Internal Revenue Code 501(c) (3) requires that any tax-exempt organization report changes in bylaws and other governing documents to the IRS every year using IRS Form 990.
No. Corporations are formed and fictitious names are registered by filings made with the Corporation Bureau. You should, however, contact your local county, township, city, or borough for additional licensing requirements that may apply to your business.
