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How To Keep Your Nonprofit In Nebraska Compliant

Sep 15, 2022

Follow this instructions to maintain your 501(c)(3) Nonprofit Public Charity in Nebraska in good standing.

Table of Contents

      • 8 Ways to Keep Your Nonprofit Legal
      • 1. Apply for a state tax exemption.
      • 2. Tax-exempt Organizations’ Annual Federal Returns
      • 3. Keep a Registered Agent.
      • 4. Submit Periodic Reports
      • 5. Obtain Permits and Licenses
      • 6 Charitable Gaming
      • 7. Sign up with the Nebraska Department of Labor.
      • 8. Obey Public Inspection Rules
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8 Ways to Keep Your Nonprofit Legal

In order to keep a 501(c)(3) nonprofit company in Nebraska, you must:

Apply for a state tax exemption.
Tax-exempt organisations must file annual federal returns.
Keep a Registered Agent on file.
Submit periodic reports
Request permissions and licences
Register charitable gaming with the Nebraska Department of Labor.
Follow the Public Inspection Rules.

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1. Apply for a state tax exemption.

A. Exemption from State Income Tax

Once you obtain your 501(c) decision letter from the IRS, your organisation will be immediately exempt from corporate income taxes in Nebraska.

B. Exemption from state sales tax

Fill out Form 4, Nebraska Exemption Application for Sales and Use Tax, to apply for a sales tax exemption.

2. Tax-exempt Organizations’ Annual Federal Returns

A. Federal Annual Returns

The IRS requires most tax-exempt charitable organisations to submit an annual return (Check the IRS website for a list of exceptions).

An organization’s yearly gross receipts dictate which form should be utilised to submit the annual federal return.

The IRS defines ‘gross receipt’ as “the total sums the organisation received from all sources throughout its yearly accounting period, before deducting any expenditures or expenses.”

For gross revenues of $50,000 or more, file Form 990-N.
$200,000 in gross income and $500,000 in total assets —- File 990-EZ
If your gross revenues exceed $200,000 or your total assets exceed $500,000, you must file a 990 form.

If you have any concerns, please contact the IRS at

(800) 829-3676 (Form related questions)
(800) 829-1040 (general information)
FAQ

Q: When is the 990 form due?
A: Form 990 is due on the 15th day of the 5th month after the end of the organization’s fiscal year.

For example, if the fiscal year closes on December 31st, the form 990 is due on May 15th.

NOTE: If an organisation fails to complete Form 990 for three years in a row, it will lose its tax-exempt status.

B. Unrelated Business Profits

If an organisation earns more than $1,000 from a trade or company that is unrelated to the organization’s declared purpose, it must submit Form 990-T to pay taxes on that revenue.

If your organisation anticipates to pay $500 or more in unrelated business income taxes for the year, you must pay a quarterly estimated tax on the unrelated business income using Form 990-W.

3. Keep a Registered Agent.

Any charity that has formed must have a registered agent with a Nebraska office location. If you change your registered agent or their office address, you must submit a Change of Registered Agent/Office form with the Secretary of State so that your Articles of Incorporation may be revised.

Your company may be terminated if you fail to inform the Secretary of State of this change.

4. Submit Periodic Reports

Every odd-numbered year, the Nebraska Secretary of State requires all organisations to file a biennial report, which is due on April 1st. You may submit your biennial report online or by mail; for more information, see the Secretary of State’s website.

Failure to submit the required reports may result in the termination of your company.

5. Obtain Permits and Licenses

Nebraska does not provide business permits or licences at the state level. Check with your city or county clerk to see whether you need to apply for any local licences or permits.

6 Charitable Gaming

Nonprofits in Nebraska that want to organise charity-based gaming (bingo, raffles, pickle cards) must first register with the Nebraska Department of Revenue’s Charitable Gaming Division. The registration forms are available on their website.

137 NW 17th Street PO Box 94855 Lincoln, NE 68509-4855 Nebraska Department of Revenue Charitable Gaming Division

877-564-1315 or (402) 471-5937 FAX: (402) 471-5600

7. Sign up with the Nebraska Department of Labor.

If your organisation intends to hire people, you must register with the Nebraska Department of Labor in order to get an Unemployment Insurance Account Number.

Registration is simple and may be done online. On the Department of Labor’s website, you may also find contact information for your local workforce commission.

8. Obey Public Inspection Rules

To comply with federal requirements governing 501(c)(3) organisations, you must make the following papers available to any member of the public who wants them:

Annual returns for your organisation may be filed up to three years after the due date (including the following Forms: 990-PF, 990-EZ, 990-T, and 990)
Any supporting documentation and attachments for the 990 forms listed above. For Schedule B, however, you simply need to indicate the kind of the gift and the amount given.
Official IRS documentation demonstrating that your group is tax-exempt.
Your organization’s exemption application and any supporting documentation filed with it (including Form 1023).

Your company is NOT required to share the following papers or information with the general public:

Any part of Schedule B of Form 990/990-EZ that names donors.
Anything deemed an adverse judgement, including past rejections of tax-exempt status.
Any extra information that the IRS is entitled to withhold, such as trade secrets, patents, and so forth.

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