Earlier quoted context omitted.
> Honest question: Why can't there just be non-profit banks? There can be. If you mean, why can't there be "tax-exempt non-profit banks", the reason is because the tax code doesn't allow it (though no-capital-stock member-owned banks seem to be effectively untaxed, except on transactions subsidized by federal assistance to such banks, if they actually distribute their operating surplus to demand deposit accounts of t…
I must be unaware of an important distinction here. Non-profits don't pay taxes, so non-profit banks are automatically tax-exempt, right? (Put aside issues of tax-exempt status of donations to non-profits; credit unions don't take donations.) Maybe here's another way to formulate my question: why can't a credit union operate as a for-profit bank, but just structure their company so that it's committed to never earnin…
Tax-exempt non-profits are a subset of organizations not organized for profit. To be tax-exempt, an organization must not only be not-organized-for-profit, it must also meet the qualifications of one of an enumerated list of categories of tax-exempt non-profits in the Internal Revenue Code.
> Maybe here's another way to formulate my question: why can't a credit union operate as a for-profit bank
Because then it would be a "bank" and not a "credit union".
> but just structure their company so that it's committed to never earning a profit and hence never paying much taxes?
An organization structured like that is a mutual savings bank; as the return of surpluses via demand accounts (the same way a credit union typically returns surpluses) is tax deductible for them, as discussed upthread, it is quite possible to have a bank (rather than a credit union) that returns surpluses to members like a credit union and is effectively untaxed (it looks like a mutual savings bank that didn't retain surplus profits would be untaxed except on things for which it received federal subsidies as a mutual savings bank.)
> Why do credit unions bother to satisfy the legal requirements of being credit unions?
Because the legal requirements for starting a bank are pretty hard, too (whether legitimately to protect people from bad banks, or as protectionism through regulatory capture by incumbents, whatever, the barriers are there), so while the rules are slightly different for credit unions, you don't actually make your job easier by trying to start a bank-to-operate-like-a-credit-union.