LibGuides: Limited Liability Companies (LLCs) in Ohio: Nonprofit LLCs

Books at the Franklin County Law Library

Fiduciary duties of nonprofit directors and officers by Hugh Webster
Call Number: KF 6289 .A1 T35

Publication Date: Updated through 2018

Tax management portfolio no.488-2nd
How to Form a Nonprofit Corporation: A Step-by-Step Guide to Forming a 501(c)(3) Nonprofit in any State by Anthony Mancuso
Publication Date: 2019

Current version at https://lawlibrary.franklincountyohio.gov/. Underneath the For Public heading, click on Self-Help Legal Resources. Type in shown username and password. Search for the desired book at the Legal Information Reference Center.
The law of tax-exempt organizations by Bruce Hopkins
Call Number: KF 6449 .H6
Social enterprise by non-profits and hybrid organizations by Cassady Brewer
Call Number: KF 6289 .A1 T35

Publication Date: Updated through 2018

Tax management portfolio no.489
Tax-exempt organizations: reporting, disclosure and other procedural aspects by Hugh Webster
Call Number: KF 6289 .A1 T35

Publication Date: Updated through 2018

Tax management portfolio no.452
Tax planning and compliance for tax-exempt organizations by Jody Blazek
Call Number: KF 6449 .B58
Unrelated business income tax by Carla Neeley Freitag
Call Number: KF 6289 .A1 T35

Publication Date: Updated through 2018.

Tax management portfolio no.462

Special Considerations for Nonprofits

1. Apply for tax-exempt status with the IRS and obtain a determination letter from the IRS. Contact the Ohio Department of Taxation and your county and local governments to determine how to apply for applicable exemptions.

2. Register with the Ohio Attorney General's office before engaging in any solicitation activities for a nonprofit organization.

3. Apply for a nonprofit postal permit from the United States Postal Service.

Laws Relating to Nonprofts

26 U.S.C. 501
List of tax exempt organizations. Must apply for exemption with the IRS using IRS Form 1023.
Ohio Administrative Code 109:1
Charitable Foundations.
Oh. Rev. Code Sec. 109.23
Charitable trust defined.
Oh. Rev. Code Chapter 1702
Nonprofit Corporation Law. Another way to set up your organization besides LLC.
Ohio Rev. Code Sec. 1702.15
Members of a corporation have a right to examine the books and records of the corporation for any reasonable and proper purpose and at any reasonable time.

Heinrichs v. 356 Registry, Inc.
10th Dist. Court of Appeals says that ORC 1702.15 right to examine documents includes the right to examine contracts the nonprofit has entered into with third parties.

Oh. Rev. Code Chapter 1716
Charitable Organizations.
Oh. Rev. Code Chapter 2915
Gambling (including gaming, charitable bingo and raffles).

Determination Letters for 501(c)(3) Non-Profits

Tax Forms

Form 990
File with the IRS
Rev. Proc. 2018-38
Organizations are no longer required to report the names and addresses of their contributors on the Schedule B of their Forms 990 or 990-EZ. These organizations, however, must continue to collect and keep this information in their books and records and to make it available to the IRS upon request, when needed for tax administration.
Form 1023 Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code
Also includes a link to Form 1023EZ for small non-profits.

Limited Liability Companies (LLCs) in Ohio: Nonprofit LLCs

Nonprofit LLCs

Books at the Franklin County Law Library

Special Considerations for Nonprofits

Laws Relating to Nonprofts

Determination Letters for 501(c)(3) Non-Profits

Links

Tax Forms