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Frequently Asked Questions

Straight answers about forming a 501(c)(3) nonprofit in New York. See our Trustpilot reviews.

501(c)(3) Basics

What is a 501(c)(3)?

A 501(c)(3) is a tax-exempt nonprofit organization recognized by the IRS. Qualifying organizations include charitable, religious, educational, scientific, literary, and certain other purposes. Donations to 501(c)(3)s are generally tax-deductible for donors.

Who qualifies for 501(c)(3) status?

Organizations that operate exclusively for charitable, religious, educational, scientific, literary, or similar purposes may qualify. The organization must not benefit private interests, and net earnings cannot inure to any private shareholder or individual. Political campaign activity is prohibited.

What is the difference between 501(c)(3) and 501(c)(4)?

501(c)(3) organizations are charitable nonprofits; donations are tax-deductible. 501(c)(4) organizations are social welfare groups (e.g., civic leagues, advocacy); donations are generally not tax-deductible. 501(c)(4)s have more flexibility for lobbying.

Why incorporate in New York?

If your nonprofit will operate primarily in New York, incorporating in NY provides local presence, access to NY funding and grants, and compliance with NY law. NY has specific requirements including Attorney General registration (CHAR410) before soliciting donations.

New York-Specific Requirements

What is NY Attorney General registration (CHAR410)?

CHAR410 is the initial registration required with the NY Attorney General before a nonprofit may solicit charitable contributions in New York. It must be filed within 30 days of first solicitation. We provide guidance on this process as part of our formation service.

Does my nonprofit need to publish in newspapers?

Some NY nonprofit corporations may have publication requirements depending on entity type and county. We handle this when applicable. Not all nonprofits have this requirement—it differs from the mandatory LLC publication rule.

What are the NY SOS filing specifics?

You file Articles of Incorporation (Not-for-Profit Corporation) with the NY Department of State. The filing fee is $75. Processing typically takes 1-2 business days. Articles must include IRS-required clauses (purpose, dissolution, private inurement prohibition).

What is CHAR500 and when is it required?

CHAR500 is the annual filing required with the NY Attorney General for charities that solicit in New York. It must be filed within 4.5 months after the end of your fiscal year. We provide guidance on this as part of our service.

The Formation Process

What steps are involved in the formation process?

The process includes: (1) incorporating with NY Department of State, (2) obtaining an EIN from the IRS, (3) drafting bylaws and conflict of interest policy, (4) filing IRS Form 1023-EZ, (5) receiving your determination letter, and (6) registering with the NY Attorney General before soliciting. We handle steps 1-5 and provide guidance for step 6. Our service covers Form 1023-EZ eligible organizations.

How long does formation take?

For 1023-EZ eligible organizations: state incorporation and EIN typically within 1-2 days; IRS Form 1023-EZ filing within 1-3 days of having your information; IRS determination letter usually 2-4 weeks. Total timeline is approximately 3-4 weeks from order to approval.

What do you handle vs. what do I provide?

We handle: Articles of Incorporation preparation and filing, EIN application, Form 1023-EZ preparation and filing, organizational bylaws, conflict of interest policy, board resolution, and NY AG registration guidance. You provide: organization name, purpose, board member information, and financial projections (for 1023-EZ).

IRS Application

What is the difference between Form 1023-EZ and Form 1023?

Form 1023-EZ is a streamlined application for smaller organizations (generally under $50,000 in assets and $50,000 annual gross receipts). Form 1023 is the full application for larger or more complex organizations. Churches and certain other entities cannot use 1023-EZ.

What are the 1023-EZ eligibility criteria?

Generally: gross receipts of $50,000 or less in each of the past 3 years (or since formation); assets of $250,000 or less; not a church, school, hospital, or supporting organization; formed in the US. The IRS provides a full eligibility worksheet.

What if I do not qualify for 1023-EZ?

You would need to file the full Form 1023. This is more complex and takes longer. Contact us—we can discuss options for organizations that need the full form.

How long does the IRS take to process 1023-EZ?

Typically 2-4 weeks for 1023-EZ applications. The full Form 1023 can take several months. We file electronically with the IRS for faster processing.

Pricing and Payment

What's included in your $1,099 price?

Everything: NY Articles of Incorporation with IRS-compliant clauses, Federal Tax ID (EIN), IRS Form 1023-EZ filing, organizational bylaws, conflict of interest policy, board resolution, IRS determination letter delivery, and NY AG registration guidance. No hidden fees.

Are there any hidden fees?

No. The $1,099 is all-inclusive. State filing fees ($75) and IRS application fees are included. If you request optional add-ons (e.g., expedited filing), we will quote those separately before you decide.

What is your refund policy?

If we cannot complete your 501(c)(3) formation for any reason, we will refund your entire payment with no questions asked. We stand behind our service with a 100% money-back guarantee.

After Approval

What do I do with my IRS determination letter?

Keep it safe—you will need it to open bank accounts, apply for grants, and prove tax-exempt status to donors. Provide copies to your accountant and board. You may need to share it when registering with the NY Attorney General.

What annual filings are required after approval?

IRS: Form 990-N (e-postcard) if gross receipts are under $50,000; Form 990-EZ or 990 if higher. NY AG: CHAR500 annual filing if you solicit in New York. NY SOS: Biennial statement. We provide guidance on these requirements.

Important Legal Disclaimer

This is not legal or tax advice. We provide document preparation and filing assistance. For advice about your specific situation, consult a New York-licensed attorney or CPA. See our full disclaimer.

Do you provide legal or tax advice?

No. We provide document preparation and filing assistance. We are not a law firm and do not provide legal or tax advice. For advice about your specific situation, consult a licensed attorney or CPA.

Still Have Questions?

We're here to help you navigate New York's nonprofit rules—clearly and without surprises.