Can I open a 501c3 incorporated organization but have its opening date backdated?

UPDATED: Oct 1, 2022

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Can I open a 501c3 incorporated organization but have its opening date backdated?

I am planning to open a 501c3 incorporated organization for a non-profit housing for those in need. I started an llc sole prop in 2013 and have always had a home or two that I put up families in need in for no monthly rent. I’ve never profited from these homes and would like to know if i can open the 501c3 with those homes specifically in mind and show them under that business to IRS.

Asked on May 18, 2018 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Whenever you open or establish any organization (whether a 501c3, an LLC, or reg corporation), the effective date will only be on the date that it was established.  The effective date cannot be backdated.
As for the homes that you have put up for families in can transfer ownership of those homes to the 501c3 after it has been established.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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