Is there a state version of Form 1023 that must be filed?

In most states, no. While a handful of states have a simple, one- or two-page form that must be prepared, California is the only state that requires a separate application process rivaling the one required by the IRS. In California, federal tax-exemption does not eliminate state income tax liability until…

If my nonprofit is granted 501(c)(3) tax-exemption, will it be exempt from all taxes?

Probably not. Private foundations may still be subject to taxes on investment earnings and undistributed minimum grant allocations. All 501(c)(3) organizations may be subject to taxes on “unrelated business income.” 501(c)(3) organizations that have employees are subject to federal and state payroll taxes. Additionally, some states do not exempt 501(c)(3)…

What happens if my nonprofit’s application for 501(c)(3) status is denied?

A denial by the IRS of 501(c)(3) status, known as an adverse determination, is a very difficult situation. An adverse determination can be appealed, but it is an enormous undertaking absolutely requiring professional representation. Alternatively, the organization may choose to apply again from scratch. In either case, it is usually an…

Will my nonprofit be given a 501(c)(3) number separate from its Employer ID Number (EIN)?

No. Your EIN is the only number issued to your organization by the federal government. When your nonprofit’s 501(c)(3) status is approved by the IRS, you will receive a written notice, known as a letter of determination.

Can I apply for grants before Form 1023 is approved?

Yes, but don’t expect much success with that. Most foundations, government agencies and other potential sources of funding will require an organization to possess an approved IRS 501(c)(3) determination letter.

Can I start receiving contributions before Form 1023 is approved?

Generally, yes. IRS 501(c)(3) recognition is (usually) effective retroactively to the earlier of 1) the organization’s legal formation or 2) the commencement of its programs. This means that the organization’s activities are retroactively tax-exempt and donations are retroactively tax-deductible to the donor, extending even to prior tax years. In order…

Does Form 1023 need to be notarized?

Form 1023 does not need to be notorized, but it must be signed, under penalty of perjury, by an officer or director.

Can Form 1023 be “e-filed”?

Both Form 1023 and 1023-EZ must be submitted online via the pay.gov IRS portal.

What information will be required on Form 1023?

In order for the IRS to make a determination on a standard Form 1023 application, specific questions must be answered relative to the organization’s legal structure, its governing board and potential conflicts of interest. More importantly, pages of detailed questions concerning the organization’s activities must be answered. This is in…

How long does it take to complete Form 1023?

As stated in another answer, IRS Form 1023 is 29 pages long, plus required schedules and attachments. While every organization does not have to complete every page, a typical application package is between 50-100 pages of material. More important, however, is the amount of time required to complete the package.…