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Nonprofit and charitable organizations play a vital role in Tulsa, contributing to the welfare and development of the community. These organizations are designed to operate for public benefits such as educational, charitable, religious, or scientific purposes, rather than for profit. The legal framework governing these entities ensures they adhere to specific regulations to maintain their nonprofit status and public trust. This involves compliance with both federal law, primarily through the Internal Revenue Service (IRS) for tax-exempt status, and state laws specific to Oklahoma and the city of Tulsa.
Legal advice may be necessary for those involved with nonprofit and charitable organizations in several situations: establishing a new nonprofit entity, applying for tax-exempt status, ensuring ongoing compliance with state and federal regulations, addressing governance issues within the organization, managing employment law issues pertaining to staff and volunteers, dealing with fundraising and donation practices, and handling disputes or litigation that may arise. A lawyer specializing in nonprofit law can help navigate these complexities effectively.
Nonprofit organizations in Tulsa must comply with Oklahoma state laws, as well as federal regulations. Key aspects include: incorporation requirements under Oklahoma law, Board of Directors governance standards, annual reporting and recordkeeping mandates, solicitation and fundraising rules, employment laws related to hiring staff and volunteers, and adherence to specific IRS regulations for maintaining tax-exempt status under 501(c) classifications. Local ordinances and zoning laws may also affect operations, particularly for organizations running facilities or events.
You need to incorporate your organization under Oklahoma law by filing a Certificate of Incorporation with the Secretary of State, develop a set of bylaws, appoint a board of directors, and apply for federal tax-exempt status with the IRS.
Nonprofit organizations can gain tax-exempt status under 501(c)(3) of the Internal Revenue Code, exempting them from federal income tax. They may also be exempt from state sales and property taxes.
The Oklahoma Secretary of State oversees nonprofit corporate filings. The IRS governs their federal tax-exempt status, while compliance with state tax obligations is overseen by the Oklahoma Tax Commission.
Responsibilities include governing the organization, ensuring ethical and financial practices, strategic and operational planning, and making decisions that align with the mission of the nonprofit.
Yes, nonprofit organizations raising funds in Oklahoma must register annually with the Oklahoma Secretary of State under the "Charitable Solicitations Act."
Nonprofits can engage in some political activities, but they must be careful to comply with IRS regulations regarding lobbying and political campaigning to avoid jeopardizing their tax-exempt status.
Nonprofits must comply with federal and state employment laws, including those related to minimum wage, overtime, and nondiscrimination. However, there may be different rules related to volunteers and interns.
Annual reporting and maintaining compliance with both state and federal regulations are required, as well as adhering to the bylaws and keeping detailed financial records.
Nonprofits can earn income through activities that align with their mission. However, income from unrelated business activities may be subject to unrelated business income tax (UBIT).
If a nonprofit dissolves, it must settle all debts and distribute remaining assets according to its bylaws and state and federal regulations, often to another tax-exempt organization.
For additional support regarding nonprofits in Tulsa, consider reaching out to the Oklahoma Center for Nonprofits, the Tulsa Community Foundation, the IRS, or the Oklahoma Secretary of State's Office. These organizations can provide guidance and resources tailored to the needs of nonprofit organizations in Tulsa.
If you need legal assistance with a nonprofit or charitable organization matter, consider consulting with an attorney who specializes in nonprofit law. Prepare documents such as your organization's bylaws, incorporation documents, and any correspondence with the IRS. Legal professionals can provide personalized advice and ensure compliance with all relevant local and federal laws as you navigate the complexities of nonprofit management in Tulsa.
