Following is a brief overview of the process:
1. Decide on a name and form the entity with the state. Forms, rules and regulations vary
from state to state, but generally you’ll need to contact either your state’s Secretary of
State or Corporation Commission to form your corporation. Be sure to consider your
options as to the type of entity you want to form. For many nonprofits, an incorporated
not-for-profit entity is the way to go, especially if you intend to file for 501(c)3 status.
2. Churches, once formed at the state level, are automatically tax exempt assuming they
meet the requirements of Internal Revenue Code section 501(c)3. This status holds a
number of benefits, including tax benefits for those donating to the church. All other
nonprofits, whether of religious nature or not, must be approved by the IRS as a public
charity under section 501(c)3 before being considered tax exempt.
3. In order to file for 501(c)3 status, you must fill out IRS Form 1023. Forms and
instructions can be obtained online at
www.irs.gov or at your local IRS office.
Prior to submitting Form 1023, you’ll also need to form a board of directors and draft
organizational bylaws. The turnaround period between submitting your Form 1023 to
the IRS and receiving a final decision from the IRS is usually six months to one year.
4. Once your Form 1023 is approved, you will receive a letter from the IRS confirming
your status as a 501(c)3 organization.