Requirements for Creating a Nonprofit Organization

 The following is an overview of legal requirements for establishing a nonprofit corporation in New York State. Whether or not you decide to pursue each requirement depends in large part upon your plans to solicit and expend funds. None of the forms require preparation by an attorney and can be completed by anyone familiar with the organization's records. If you choose to use an attorney, you can save time and money by completing a first draft of the form with information, which only you can provide, and assembling the required attachments. Look for an attorney who will do the incorporation pro bono (without charge) or at a reduced rate.

 Purpose
 Process
 Form and Fee

 

Articles of Incorporation

• Reserves your name so no other organization can incorporate under the same name in New York State.

• State recognizes your organization as an incorporated nonprofit organization conducting nonprofit activities

• Prepare certificate of incorporation form. Includes: purposes, incorporators, and location of corporation

• Submit form to OCFS and the Dept of Education for a name search.

• Submit form & responses to NYS Dept. of State

• NYS Dept. of State Divisions of Corporation form DOS-1511 and instructions can be downloaded from the NYS Dept. Of State website.

• Filing fee is $75.00, extra fees for expedited handling or certified copies. Receipt for fee can serve as certificate.

 

Federal Employer Identification Number

• Identification number needed for IRS to track your reports and 1023 Tax exempt application.

• Also needed to open a bank account in group name

• File with IRS as a nonprofit, to receive # even if you do not have employees.

• Application process is simple and can be conducted by phone.

IRS Form SS-4. See IRS website. for form and instructions. Phone application # 1-516-447-4955

• No fee

 

Federal Tax Exemption under Section 501(c)(3)

• Recognition by the IRS as tax exempt from paying income tax on most revenues.

• Donations made to your organization are tax deductible

File with the IRS as a tax-exempt organization, preferably with 27 months of the date of incorporation.

• Requires statement of revenues and expenses since incorporation or last 3 years.

IRS Publication 557 and Form 1023 on IRS website. Attach bylaws and certificate of incorporation.

• Filing feel is $300 for organizations with assets less than $10,000.

 

 

NYS Tax Exemption Certificate

Provides NYS Exempt Organization number which allows you to make tax-exempt purchases and sales

• File application for exempt org. certificate with NYS Dept of Taxation and Finance.

• Form ST-119.2 & instructions on NYS Dept. of Taxation website. Attach bylaws, certif. of incorp, IRS tax exempt letter, most recent FY financial report

• No fee

 

NYS Charities Registration

Officially registers your organization as a charity to solicit funds and do business, or own property in NYS

• Charities Registration Statement must be filed with Atty. General for any organization which does business in NY for charitable purposes or solicits contributions in excess of $25,000.

CHAR 410 and instructions available on Bureau of Charities website. Attach bylaws, certificate of incorporation, IRS tax exempt letter, and most recent year financial report.

• Filing fee is $25 under $50,000 in assets

NYS Dept. of State, Div. Of Corporations • NYS Dept. of Law, Charities Bureau

NYS Dept. of Taxation and FinanceUnited States Internal Revenue Service

 

Back to Parent Group Resources      Back to NYSCCC Home Page

 

NYS Citizens' Coalition for Children, Inc.
office@nysccc.org
12/09/04