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State-By-State Initial Compliance - New York

Initial Filings for New York Nonprofit Organizations

For a general discussion on starting a nonprofit organization, please refer to our article, Starting a Nonprofit Organization.

  1. To Incorporate in New York

    Submit Certificate of Incorporation (Form DOS-1511) to:

    Department of State
    Division of Corporations
    41 State Street
    Albany, NY 12231
    Information: (518) 473-2492
    State Records: (518) 474-4770
    Web Site: www.dos.state.ny.us/corps/
    Filing Fee: $75
    Notes: Form DOS-1510 should be used in place of Form DOS-1511 if the organization does not intend to file for tax-exempt status.

    For expedited processing, the following additional fees may be submitted:
    $150 - processing within 2 hours
    $ 75 - same day processing
    $ 25 - processing within 24 hours
  2. To Obtain 501(c)(3) Tax-Exempt Status

    Submit Form 1023, Application for Recognition of Exemption to:

    Note new address:
    Internal Revenue Service
    P.O. Box 12192
    Covington, KY 41012-0192
    Information: (800) 829-1040
    Forms: (800) 829-3676
    Web Site: www.irs.gov/charities
    Filing Fee: $750 ($300 if revenues less than $10,000/year)
    Note: User fees will increase for all applications for exemption (Forms 1023, 1024, and 1028) postmarked after January 3, 2010:
    $ 400 for organizations whose gross receipts are $10,000 or less annually over a 4-year period
    $ 850 for organizations whose gross receipts exceed $10,000 annually over a 4-year period
    $ 3,000 for group exemption letters.
    For more information on filing fees and for information on the IRS' new web initiative "Cyber Assistant", see the IRS website.
  3. To Obtain New York Income Tax Exemption

    Submit the New York State Department of Taxation and Finance Form CT-247, with the corporation's Articles of Incorporation, Bylaws and the 501(c)(3) Determination Letter from the IRS to:

    NYS Tax Department
    Corporation Tax
    Building 9, Room 350
    W.A. Harriman Campus
    Albany, NY 12227
    General Tax Info: (518) 457-5431
    Forms: (800) 462-8100
    Web Site: www.nystax.gov/
    Filing Fee: $0
  4. To Obtain New York Sales Tax Exemption

    Submit the New York State and Local Sales and Use Tax Application (Form ST-119.2) and the 501(c)(3) Determination Letter from the IRS to:

    Exempt Organizations
    NYS Tax Department
    W.A. Harriman Campus
    Albany, NY 12227-0125
    General Tax Info: (518) 457-5431
    Forms: (800) 462-8100
    Web Site: www.nystax.gov/
    Filing Fee: $0
  5. To Register with the New York Attorney General

    Prior to solicitations of contributions or within 6 months after any property held or income received is required to be used for charitable purposes (whichever comes first), submit EPTL Form Char 410 (Charities Registration Statement), the corporation's Certificate of Incorporation and all amendments, the 501(c)(3) Determination Letter from the IRS, and financial reports for each of the prior 6 years during which the organization was in existence (if any) to:

    State of New York
    Department of Law
    Charities Bureau - Registration Section
    120 Broadway
    New York, NY 10271
    Forms & Info.: (212) 416-8401
    Exec. Ofc.: (212) 416-8000
    Web Site: www.charitiesnys.com
    Filing Fee: $0, unless registering to solicit contributions, then $25

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