Nonprofit Corporation

Definition: A corporation formed for a public, charitable or mutual-benefit purpose rather than profit for owners.

A nonprofit corporation is created under a state's nonprofit corporation law by filing articles of incorporation, just like a for-profit corporation. The state search shows it as a nonprofit entity with its own status and annual or biennial report schedule.

Two separate checks

Being a nonprofit corporation in state records does not make an organization tax-exempt. Exemption under section 501(c)(3) or another section is granted by the IRS. To verify a charity fully, check both records.

QuestionWhere to check
Does the organization legally exist?The state business search
Is it tax-exempt?IRS Tax Exempt Organization Search
Is it registered to fundraise?The state charity regulator, often the attorney general

Is a nonprofit organization a business?

Legally, yes in the sense that matters for a business search: a nonprofit corporation is a registered entity that can sign contracts, hire staff and sell goods or services. The difference is that it has no owners who take profits. Its earnings stay with the organization, and its officers and directors are listed on its public Form 990 rather than as shareholders.

Are nonprofits C or S corporations?

Neither, in practice. A nonprofit corporation has no shareholders, so it cannot elect S corporation status, and once the IRS recognizes it as exempt it is taxed under the exempt organization rules rather than as an ordinary C corporation. Income from an unrelated trade or business is still taxed, at corporate rates, and reported on Form 990-T. Compare the structures in business entity types, and find a charity's EIN with the EIN lookup.

Pennsylvania charges nonprofits nothing for its annual report; see the Pennsylvania guide. A nonprofit that misses filings can be dissolved like any other entity.

Related: EIN lookup, business entity types.

Nonprofit Corporation questions

How do I check if a nonprofit is legitimate?

Confirm it in the state business search, check its exemption in the IRS Tax Exempt Organization Search, and look for its charity registration with the state attorney general.

Are nonprofit tax returns public?

Yes. Form 990 returns are public, and our EIN lookup searches IRS filing data by name.

Sources

  1. IRS, Tax Exempt Organization Search
  2. IRS, Exemption requirements for 501(c)(3) organizations
  3. IRS, About Form 990-T

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