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Collecting Donations In Miami Without A 501(c)(3)

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Collecting Donations In Miami Without A 501(c)(3)

Postby Franklin » Thu Dec 08, 2016 4:34 pm

Hello. I am in the creation phases of a non-profit to clean up the channel that runs through Miami Beach and South Beach Florida. I am working on a zero budget with limited tools to start, and I will not be able to afford to apply for a 501(c)(3) until income is generated for this cause. My question is: can I legally collect non-tax deductible donations in Miami without a 501c? I do intend to file for a 501(c)(3) and incorporate this project as a non-profit in the future.

Thank you
Franklin
 
Posts: 41
Joined: Fri Mar 14, 2014 2:50 am

Collecting Donations In Miami Without A 501(c)(3)

Postby Elvis » Thu Dec 08, 2016 6:10 pm

I have in my profile that this free forum is only for relevant IRS federal exemption issues of 501(c)(3) organizations.  The IRS warns, "If an exempt organization is ineligible to receive tax-deductible contributions, it must disclose that fact when soliciting contributions."http://bit.ly/MFlZ5

They are referring to 26 U.S.C. §6113 but they neglected to

specify that "[the law] shall not apply to any organization the

gross receipts of which in each taxable year are normally not

more than $100,000."http://snipurl.com/ffcth

Therefore, your issue is controlled by state law and states may differ somewhat with how they would treat such issues. Even though this forum is not for such state law issues,  I will refer you to the Florida regulations at:http://doacs.state.fl.us/onestop/cs/solicit.htm

---Start of Excerpt--

he Solicitation of Contributions Act requires anyone who solicits donations from people in the State of Florida to register with the Department and renew annually. This applies to charitable organizations, sponsors, professional solicitors, as well as professional fund raising consultants. The Department collects registration fees and has authority to impose penalties for non-compliance. The Department provides financial disclosure regarding organizations on the online Gift Givers' Guide or you can obtain information about a specific charity by calling our Consumer Assistance Call Center at 1-800-HELP-FLA(435-7352), or out of state 850-488-2221.

Florida Laws    * Chapter 496, Florida Statutes(F.S.)    * 5J-7, Florida Administrative Code(FAC)

---End of Excerpt-- Harvey Mechanic, Attorney at Law - [email protected]
Elvis
 
Posts: 38
Joined: Wed Mar 26, 2014 11:16 pm

Collecting Donations In Miami Without A 501(c)(3)

Postby Gallagher » Sat Dec 10, 2016 4:35 pm

Hello. I am in the creation phases of a non-profit to clean up the channel that runs through Miami Beach and South Beach Florida. I am working on a zero budget with limited tools to start, and I will not be able to afford to apply for a 501(c)(3) until income is generated for this cause. My question is: can I legally collect non-tax deductible donations in Miami without a 501c? I do intend to file for a 501(c)(3) and incorporate this project as a non-profit in the future.

Thank you
Gallagher
 
Posts: 57
Joined: Sun Feb 02, 2014 2:18 pm


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