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Q: forming a professional association ( Answered 5 out of 5 stars,   3 Comments )
Question  
Subject: forming a professional association
Category: Business and Money > Small Businesses
Asked by: swelp-ga
List Price: $25.00
Posted: 04 Aug 2003 14:14 PDT
Expires: 03 Sep 2003 14:14 PDT
Question ID: 239011
I have a business license for a computer repair business. I want to
offer certification courses and certificates, but I want the
certificate to have a different name on it. Specifically, my business
is called "grassroots computing" and I want the certificates to be
from "American Association for Information Service Professionals". How
can I do this quickly and cheaply?

Clarification of Question by swelp-ga on 06 Aug 2003 18:24 PDT
by the way, does it make a difference that certification have cost?

Clarification of Question by swelp-ga on 07 Aug 2003 17:55 PDT
sorry- poor english. I mean "cerifications have cost".
Answer  
Subject: Re: forming a professional association
Answered By: taxmama-ga on 09 Aug 2003 12:10 PDT
Rated:5 out of 5 stars
 
Dear swelp,

Actually, it's easier than you think. And just a little bit more complicated
than you want it to be - as with all tax things. 

First thing you do, after you make sure the name isn't already being used, 
is file with IRS for a Federal Identification Number. 
You will use Form SS-4
http://www.irs.gov/pub/irs-pdf/fss4.pdf

Under type of entity, check the box for 'other non-profit organization'.
Where it says, 'specify', fill in 'association' or 'professional association'.

There are only a few pages of instructions, which include how to file the 
form, so take a moment to read them:
http://www.irs.gov/pub/irs-pdf/iss4.pdf

You can read IRS's overview of the requirements to qualify here:
http://www.irs.gov/charities/article/0,,id=96099,00.html

Next, go to this site to learn everything you need to know about filling
out the IRS's application for non-profit status. There is a whole booklet
you'll need to fill out, called a Package 1023.
http://www.form1023help.com/

Sandy Deja, who operates that site, has provided some excellent links and 
instructions to walk you through it. If you need help, she's well worth the
price as a consultant. (Typically, if you have someone prepare and file the
whole application for you, expect to pay $2,000 - $3,000. This IS a lot of
work in this.) But, if you can read and follow instructions, you should be
able to do it all yourself. 

The one area where you really may need some professional help is how to 
set up the by-laws properly for a membership organization. This is very
IMPORTANT. If you don't do it right, you could be voted out of office and
lose control of your own association. Spend the money to do this properly
and don't use 'boiler plate' (template) by-laws.

You're going to need to prepare budgets and write up business plan-type
information. If you need to help, you're in luck.

Non-profit organizations' tax returns and reports are all public information.
You can use the information from an existing association to help guide you.
You'll find their reports on GuideStar
http://www.guidestar.org/

OK, now, you've addressed the IRS. But you still need to file with your state. 
I don't know what state you're in, so here are links to ALL the states'
tax agency websites. You can call your state's revenue office to get the
form number you'll need to file. It will generally use all the same information
you sent to IRS. 

That should get you started. Essentially, you can do most of this yourself, 
with just a couple of hours of professional input on the by-laws. It WILL 
take hours to think through your business plan, prepare the reports and 
gather the materials. So plan to devote about 20+ hours to this project. 

Good luck.

Your TaxMama-ga

Search tips -  experience. I knew where to look. 

Google: 501(c)(3) 
Google: "setting up a non-profit organization"

Request for Answer Clarification by swelp-ga on 09 Aug 2003 21:22 PDT
great advice, and I thank you, but what if I want to bypass the
non-profit status; Make it an extension of my business? In other
words, what if I'm hoping to make a profit, and provide a legitimate
professional structure?

Clarification of Answer by taxmama-ga on 09 Aug 2003 23:29 PDT
Dear swelp,

You can create and print fancy certificates any time you want. 
You don't need to be incorporated. You can do it from your own,
self-employed business. All you need to do is to file a DBA saying
that you are using this name. (A Google search does not turn up anyone
using the name you've chosen. That's a good sign.)

Again, you must ensure that no one else is using it. 

Then, you can collect fees and keep all the profits. 
No problem. 

I think the real issue you will have, which is a whole other question,
is how to get recognition as a professional association or organization. 
You want those certificates to mean something. 

For that, decide which professional group within the computer repair
industry you want to certify. For instance, do you want to certify
Microsoft professionals?

Go to them and make the arrangements with them to tailor your courses
to meet their standards. Train people to pass Microsoft's exams.
And you've got it. 

I teach workshops for tax and accounting professionals all the time.
I don't form an association. I don't incorporate separately. I just
submit my information to IRS to get my courses, and my company
approved for continuing education certification. I arrange to get
someone else who's paid for the CPA certifications. And I file with
the Bar Association to get their approval. 


So, first protect the name. Personally, I'd file a trademark in the field
of computer repair. Then, you are free to operate it using a DBA from your
present business. Or, again, this is a personal preference, I would incorporate
to protect my other assets in the event of lawsuits. 

(Incorporating could mean any number of forms of business, which I will not
go into for  this response.)

I do hope that gives you some direction and a way to get started. 

Best wishes,

Your TaxMama-ga
swelp-ga rated this answer:5 out of 5 stars and gave an additional tip of: $5.00
now THAT was a great answer- taxmama really found a way to get things
done the way I needed it! Thanks!

Comments  
Subject: Re: forming a professional association
From: journalist-ga on 04 Aug 2003 15:21 PDT
 
Greetings Swelp:

According to the article at http://www.amerilawyer.com/flprofassoc.htm
titled "The Tax Benefits of Forming a Professional Association":

"A professional association is an individual or group of individuals,
all of whom are required by law to be licensed in their profession or
to obtain other legal authorization, incorporated for the purpose of
rendering the same professional service to the public."

I located a reference for how one might form an association in North
Carolina (dental association) at
http://www.ncdentalboard.org/Professional_corporation.htm#Forming%20A%20Professional%20Association
and tips for professional associations in Texas (but they had to be
purchased at http://www.loislaw.com/info/forms/texas/Index11.htm. 
Since the laws may vary from state to state, if you will share with me
the state where you are located, I'll search that state's legal pages
to locate the information and completely answer your question.  I
believe you will need articles of incorporation, by-laws and, most
probably, the services of an attorney.

Best regards,
journalist-ga


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Subject: Re: forming a professional association
From: neilzero-ga on 05 Aug 2003 10:01 PDT
 
My guess is you can begin the process without taking any legal steps.
It is unlikely you will be hassled unless you make some enemies.
Admittedly some will be afraid to affiliate with you until you have
jumped through all the legal hoops.
 It makes sence to me to see a membership base of 20 before spending
big money and hours on legal red tape. Put those members intersted in
organizational details on a commitee to impliment the prosess. Some
will be borred and drop out, if you have more than brief mention of
details in the main meeting, so initially I advise "just do it"   Neil
Subject: Re: forming a professional association
From: ubg-ga on 27 Aug 2003 07:02 PDT
 
To whoever wants to jump in on this:

As it looks, forming a professional association is not all that
difficult, and mostly you would pay the lawyer for knowing something
only he knows - not you - but not so much for his "hard" work. That
leads me to the question, is it just as easy to form a tax-exempt
association for philantropical purposes? Can it be a one-man
association (to avoid problems with endless discussions, hostile
take-overs, etc.)? Can it receive donations from all 50 states?
Anything special to observe in the state of Texas? This is an
interesting subject and could be the starting point for an activity
I've always desired to carry out.

Regards,

Uwe

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