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Massachusetts Form Instructions 1023: What You Should Know

How to Form a Massachusetts Nonprofit Corporation — Partner To receive tax-exempt status from the IRS, you will need to complete (and file) IRS Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code, using the following procedures: (1) Submit the appropriate documentation to the applicable IRS office. (2) If the applicable IRS office does not have the documents needed for your request, you will need to send them to The Nonprofit Corporation Task Force, State Office of the Secretary of State, 5 Middle Street, Suite 5100, Boston, MA 02203. A list of all IRS officials for the State of Massachusetts, as well as the contact information for each, can be obtained from the IRS' website, , or by calling. (3) Once you submit and receive your IRS Form 1023, you should not attempt to file a Form 1032, Application for Tax Exemption under the Internal Revenue Code. This application is not an application for recognition of exemption under Section 501(c)(3) of the Internal Revenue Code. It is only an application for tax-exempt status under the corporate laws of Massachusetts. The IRS will not process a Form 1032 for non-charitable taxable corporations and the Department of Revenue will not process such a Form 1033. As discussed below, your request will be denied on the basis that any non-charitable corporation in Massachusetts (whether exempt) is not a publicly traded corporation. (4) If you intend to form a partnership, you must complete IRS Form 890, Nonprofit Corporation Partnership Transaction Tax Return, and return all the partnership income on your return. When filing your tax return using Form 890, be sure to attach all the required information. Be sure to read the instructions to the return carefully before starting to prepare it. If you cannot complete the return (for example, if you cannot find all the information required), or if the return you file with the Internal Revenue Service is returned as “Refused,” you must file a supplemental return.

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