Incorporating a nonprofit and obtaining tax-exempt status can take around 6 months to a year to complete the necessary steps.
Steps to Incorporate a Nonprofit
- Register as a nonprofit in your state of operation.
- File articles of incorporation with the state’s corporations department.
The tax-exempt status application with the IRS typically takes 1 to 6 months to process. Additionally, the following steps are involved in starting a nonprofit:
- Research
- Draft bylaws
- Build a board
- Create programs and services
- Secure funding
The online filing for Articles and Initial Report takes 1-3 days, while IRS reviews the applications in typically 6-9 months. Incorporation itself takes several weeks, and applying for 501(c)(3) status also takes additional weeks.
Legal Requirements and Common Questions
The creation of corporate bylaws is required, and a nonprofit company must have at least three directors. Here are some common questions and their answers:
- Can I start a nonprofit alone?
While possible, having a board and team is advisable. - What are the costs?
These vary based on filing fees, legal fees, licenses. Be sure to budget for expenses. - Can I receive a salary as founder?
Yes, your board will decide on a reasonable salary.
After submitting your forms to the IRS, expect to be contacted within 3 to 12 months.
Filing with the IRS
To obtain tax exemption, an organization must apply by filing IRS Form 1023. The 1023-EZ form takes 2-4 weeks for processing, while Form 1023 can take 3-6 months, and sometimes up to a year.
- For organizations processing over $50,000 annually, an expedited 1023-EX form is available for 2 to 3 week processing.
The IRS review process can be extensive and can take 2-12 months to complete. During times of IRS delays, wait periods for the EZ form have been observed to be 8-10 weeks, and 3-6 months for the 1023 form. Form 1023’s processing time is typically 3-6 months, regardless of the application’s complexity.
To ensure the process goes as smoothly as possible:
- File as a nonprofit corporation in your state first.
- Obtain articles of incorporation.
- Then file for an Employer Identification Number (EIN).
The benefit of the 1023EZ is that it’s an online form with a very high approval rate. However, the exact timing depends on the current backlog.