How to Start a 501C3 Charity in Texas
The Texas Secretary of State's website states that "A nonprofit corporation is created by filing a certificate of formation with the secretary of state in accordance with the Texas Business Organizations Code (BOC)." After incorporation, a nonprofit must also apply for federal tax exempt status in order to be a 501(c)(3) organization. The entire nonprofit-forming process can be complicated and confusing. Work with a reduced fee or pro bono nonprofit lawyer if you need assistance filing nonprofit creation paperwork if you do not have the budget for a full-fee lawyer. A list of reduced fee and pro bono lawyers is available on the American Bar Association website.
Instructions
- 1
Talk to local government, nonprofit and community leaders. Discuss what work nonprofits are already doing in the area. Talk with future potential clients about what they need. Avoid starting a nonprofit that will provide the same services that are already in the community or that are not needed.
2Write the organization's vision and mission statements. The vision statement discusses the nonprofit's future goals in a broad sense. The mission statement explains precisely what the organization will accomplish, how it will do so and who it serves.
3Appoint board directors and members. Draft the organization's bylaws, which detail how the organization will be run on a daily basis. Think about writing a conflict of interest policy stating how the nonprofit's donations will be managed.
4Submit a Certificate of Formation for Nonprofit Corporations (articles of incorporation) to the Texas Secretary of State, which is available for download from the Texas Secretary of State website. Mail the form to:
P.O. Box 13697
Austin, Texas, 78711-3697.
You can also fax it to 512-463-5709. If you fax it, you must include credit card information to pay for the $25 incorporation fee on Form 807, also available on the Secretary of State's website. Another option is to deliver the form and payment in person to the:
James Earl Rudder Office Building
1019 Brazos
Austin, Texas 78701.
5Obtain an Employer Identification Number (EIN) from the Internal Revenue Service (IRS) for federal tax reporting purposes. Apply for one online on the IRS website or fill out and submit form SS-4 to the IRS, which is available for download from the IRS website. Another option is to call the IRS at 800-829-4933.
6Complete and return Form 1023 from the IRS. This form can be around 50 pages long with supporting documents attached. Consider seeking legal assistance in preparing the 1023, although it is not necessary to do so. The filing fee for your organization depends on the amount of annual revenue it receives. Note that "The secretary of state's Form 202 meets minimum state law requirements but does not include any additional statements the IRS might require for tax-exempt status," according to the Texas Secretary of State's website. Consult IRS Publication 557 for information regarding additional wording or articles necessary to include in your articles of incorporation for federal tax exempt status.
7Apply for state franchise and sales tax exemption from the Texas Comptroller of Public Accounts. Fill out the appropriate application for exemption form for your type of nonprofit, which is available on the Window on State Government's Texas Tax-Exempt Forms website. Form types vary based on the purpose of your nonprofit. Submit the form, along with your articles of incorporation (certificate of formation) to:
Texas Comptroller of Public Accounts
Exempt Organizations Section
P.O. Box 13528, Capitol Station
Austin, TX 78711-3528
8Register your nonprofit with the Texas Attorney General if you plan to ask for donations for certain causes. According to the Texas Attorney General's website, "Under Texas law, most charities or nonprofit organizations are not required to register with the State. Exceptions exist, however, for organizations that solicit for law enforcement, public safety or veterans causes." These types of nonprofits are also required to register with the Texas Secretary of State. Refer to the statutory documents section of the Secretary of State's website for registration details.
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