State-By-State Annual Compliance - New York
New York Governor Andrew Cuomo signed the Non-Profit Revitalization Act of 2013 into law on December 18, 2013. The provisions of the law, which will impact new and existing nonprofit organizations, are effective July 1, 2014. For more information read a summary article by Attorney Tracey Bolotnick, the details of the bill, and the Report of the Leadership Committee For Nonprofit Revitalization.
To view initial filing requirements for New York nonprofit organizations, refer to our initial filings page:www.hurwitassociates.com/l_s_initial_ny.php.
- Internal Revenue Service
Form: Annual Return Form 990Internal Revenue Service
Due Date: 4 ½ months after end of fiscal year
Ogden, UT 84201-0027 Information: (800) 829-1040
Forms: (800) 829-3676
Web Site: www.irs.gov/charities
Filing Fee: $0
Public Charities: Refer to the IRS website to determine which form to file (Form 990, Form 990-EZ or Form 990-N).
Private Foundations: Submit Form 990PF, regardless of revenues.
- New York Attorney General
Note: Article 7-A of the Executive Law and Section 8-1.4 of the Estates, Powers and Trusts Law ("EPTL") were amended in June of 2002 and on April 11, 2003 the Attorney General's office adopted new regulations (effective July 1, 2003) for the registration and annual filing requirements for the trustees of charitable assets and charitable organizations and fund raising professionals. For a discussion and summary of the amendments and new regulations, please refer to the Attorney General's document found at www.charitiesnys.com/pdfs/statute_booklet.pdf. For detailed registration and filing requirements, refer to www.charitiesnys.com/pdfs/char023.pdf.
Form: CHAR500 (2008 version) and copy of IRS Form 990, 990-PF and 990-EZNew York State Attorney
Due Date: 4 ½ months after end of fiscal year (6 months after end of fiscal year if only filing under EPTL)
120 Broadway, 3rd Floor
New York, NY 10271-0332
Forms & Info.: (212) 416-8401
Exec. Ofc.: (212) 416-8000
Web Site: www.charitiesnys.com
Filing Fee: $10-$1,525 (depending upon type of registration (Article 7-A, EPTL or Dual) and net worth and/or total support & revenue; see below)
EPTL Filing Fees:
If net worth < $50,000: Filing Fee: $25 If net worth >= $50,000 and < $250,000: Filing Fee: $50 If net worth >= $250,000 and <$1,000,000: Filing Fee: $100 If net worth >= $1,000,000 and < $10,000,000: Filing Fee: $250 If net worth >= $10,000,000 and < $50,000,000: Filing Fee: $750 If net worth >= $50,000,000: Filing Fee: $1,500
Article 7-A Filing Fees:
If support & revenue <= $250,000: Filing Fee: $10 If support & revenue > $250,000: Filing Fee: $25
Auditing Schedule for Article 7-A and EPTL Registrants (New thresholds as of July 1, 2014):
If support & revenue < $250,000: No audit required. If support & revenue $250,000 - $500,000: Audited financials and independent CPA's review report required. If support & revenue > $500,000: Independent CPA's audit report and opinion letter required. Note: It is also possible to file the CHAR500 online. For more information, refer to the Charities Bureau's website: www.charitiesnys.com/nccsefile.jsp