So while it's both possible and legal to add nonprofit status to an existing business, it's contingent on the business meeting a strict set of criteria and jumping through the IRS's hoops.
How to Turn a For-Profit Business into a Nonprofit Organization
So you think your existing business might be able to qualify for nonprofit status. Now, you can proceed by following these three steps.
1. Do Your Research
To start, begin researching the IRS's exempt organization types. One of the most common is a charitable organization, officially called a 501(c)(3) after the section of the U.S. Internal Revenue Code under the same name. To be considered a 501(c)(3), for instance, an organization:
must be organized and operated exclusively for exempt purposes;
must limit their legislative and political activities; and
must not use its earnings to benefit any private shareholder or individual.
Pay special attention to that last bullet. It means that in order to have nonprofit status, an organization can't have a typical corporate structure with a CEO at the top calling the shots and making the most money. Instead, it must be operated by a board of directors, none of whom can take a salary.
So, the next step is to...
2. Create a Board
The best place to find board members varies for each organization, and the rules and regulations dictating who can be on a board vary by state. But in general, you may be able to source board members from:
other nonprofits and businesses;
professional associations;
business contacts;
nonprofit support groups; and
existing donors and volunteers.
Once your organization has its own functioning board, you can finally make things official.
3. Form Your Nonprofit
You're now prepared to officially form your nonprofit and begin the process of applying for nonprofit status from the IRS. You can do so by filling out and submitting Form 1023. To ensure you don't miss any steps, check out the IRS's free course on the application process.
Don't forget that states have their own requirements for filing a nonprofit, too — thoroughly research your state's laws and take your next steps accordingly. (If you're in Arizona, Delaware, Nevada or Wisconsin, then consider yourself lucky — those are the easiest states to start a nonprofit).
What About Donating to Nonprofits?
So you're not sure if fully converting your business into a nonprofit is the right path for you, but you still want to make a positive difference and maybe enjoy a tax break in the process.
In this case, you'd benefit most from donating to nonprofits rather than becoming one. No, you won't gain nonprofit status simply by giving to charity, but you will be able to reap some tax-related benefits while simultaneously giving back to your community, painting your business in a positive light and building a stronger reputation.
Specifically, the IRS states that as of January 2022, "A corporation may deduct qualified contributions of up to 25 percent of its taxable income." But if your business makes a contribution that exceeds that amount, don't worry — it will carry over to the next year.
In this way, even for-profit corporations can benefit from the tax-exempt status of nonprofit organizations (and earn some good karma in the process).
So whether you're looking to add nonprofit status to your existing business or simply make some tax-deductible charitable contributions, you can do so as long as you know which steps to take.
Want to make sure you have all your ducks in a row when starting your own nonprofit? Find out everything you need to know in our comprehensive guide.