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Nonprofit Law/Do I need to file for a 501c3 and EIN


My LLC have been incorporated so my question to you is do I need to apply for a 501c3 and MY EIN?

 The IRS grants 501(c)(3) organization exemption status to LLCs
that are properly organized and operated.  However, it only would
grant exemption to an LLC whose members are all themselves exempt

"Because state laws generally provide LLC members with ownership
rights in the assets of the LLC, the Service is concerned that
allowing non-exempt members would result in potential inurement
problems.  Thus, the LLC cannot have private shareholders
or individuals as members, and its organizing documents must
state a purpose to further the members' charitable purposes.  It
should be noted, however, that the presence of solely charitable
members does not ensure that the organization will be operated
exclusively for charitable purposes. "
at pdf page 4 about 1/2 of the way down the page

Harvey Mechanic, Attorney at Law -

P.S. This response is intended to be a general statement of law, should not be relied upon as legal advice and does not create an attorney/client relationship.  

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Harvey Mechanic


DO NOT GIVE ME INFORMATION THAT YOU WANT KEPT CONFIDENTIAL. I am an attorney and I volunteer time to answer general questions about U.S. Federal income tax issues of nonprofit 501(c)(3) public charities only. Those questions could be about establishing and maintaining legal requirements for such non-profit organizations in the United States, including Internal Revenue service filings and requirements. I will not be working on this free forum to answer questions about Nonprofit's possible unrelated or for-profit businesses or how to fill out forms. This forum is only for general questions about federal tax law, not as the law applies to your specific situation. If you do not make your question public then I will not be spending much of my donated time on answers that would not benefit the public. If you have other questions, please contact me at I will reply from my email. In any case, do not reveal confidential information to me until after I have contracted with you to provide personal legal services. My responses on this forum are intended to be general statements of law, should not be relied upon as legal advice, and do not create an attorney/client relationship. For me to consider your individual situation and how the law applies, I would need to gather extensive information about the situation. To search my previous answers you can do a Google search by "" without the quotes and then add your search terms before hitting enter.


I have been practicing law and especially the law of nonprofit organizations since 1990 when I was admitted to the New York Bar and I have maintained my status with the Bar since that time.


B.S. Columbia University in New York City, 1970

J.D. (Law Degree) Brooklyn Law School, 1990 -- Cum Laude.

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