Hurwit & Associates - Nonprofit Law - State-By-State - Initial Compliance - California
State-By-State Initial Compliance - California
 
 
Initial Filings for California Nonprofit Organizations
 
For a general discussion on starting a nonprofit organization, please refer to our article, Starting a Nonprofit Organization.
 
Please note that as of January 1, 2005, California has instituted the Nonprofit Integrity Act of 2004. Much like the Sarbanes-Oxley Act in the for-profit sector, this new law (SB 1262 - Sher, Chapter 919, Stats of 2004) seeks to improve nonprofit governance, limit abuses of executive compensation and prevent commercial fundraising abuses. Please refer to the California Attorney General's publication "Guide to the Nonprofit Integrity Act of 2004" for specifics on the newly instituted regulations. For more information on the impact of the Sarbanes-Oxley Act on the nonprofit sector, refer to our article, Sarbanes-Oxley and Nonprofit Organizations and Independent Sector's website .
 

1. To Incorporate in California

a. Submit Articles of Incorporation to:

Business Programs Division
1500 11th Street
Sacramento, CA 95814
Attn: Document Filing Support Unit
 
Information: (916) 657-5448
Web Site:www.ss.ca.gov
Filing Fee: $35

b. Within 90 days of filing the Articles of Incorporation, submit Form SI-100 (Statement of Information) to:

Secretary of State
Statement of Information Unit
P.O. Box 944230
Sacramento, CA 94244-2300
 
Information: (916) 657-5448
Web Site:www.ss.ca.gov
Filing Fee: $20*
 
* Failure to file by the due date may result in the assessment of a $50 penalty.

2. To Obtain 501(c)(3) Tax-Exempt Status

Submit Form 1023, Application for Recognition of Exemption to:

Internal Revenue Service
P.O. Box 192
Covington, KY 41012-019
 
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)

3. To Obtain California Income Tax Exemption

Submit Form 3500 with Bylaws, Articles of Incorporation, and detailed financial statements, funding and activities, leases and literature samples to:

Exempt Organizations Unit
Franchise Tax Board
PO Box 942857
Sacramento, CA 94257-4041
 
Information: (916) 845-4171
Web Site: www.ftb.ca.gov
Filing Fee: $25

4. To Obtain California Sales and Use Tax Exemption

Nonprofit purchasers generally are not exempt from sales and use taxes. However, some charitable organizations that qualify for California's “welfare exemption” and are involved in selling or donating items used principally to assist purchasers/donees in distressed financial condition may qualify for exemption from sales taxes on purchases made for these purposes.

To apply for exemption, the organization should request a “review of eligibility” by submitting Bylaws, Articles of Incorporation, IRS 501(c)(3) determination letter, a copy of the California Franchise Tax Board's tax-exempt qualification letter, and a letter describing the practices and activities of the organization to:

Compliance Planning & Evaluation
Board of Equalization
PO Box 942879
Sacramento, CA 94279-0044
 
Information: (800) 735-2922
Web Site: www.boe.ca.gov
Filing Fee: $0

For more information on sales of specific items, or by specific types of nonprofit organizations that are exempt from California sales and use taxes, refer to California's "Publication 18", which can be found in electronic format at www.taxes.ca.gov/exemptbus.html.

5. To Register with the Attorney General

Within 30 days of receiving assets for the charitable purposes for which organized, submit Form CT-1 (Registration Form) with Articles of Incorporation, Bylaws, IRS 501(c)(3) determination letter, most recent IRS Form 990, and a statement describing the primary activity of the organization (a copy of the statement of purposes from the IRS 1023 application will suffice) to:

State of California
Office of the Attorney General
Registry of Charitable Trusts
Sacramento, CA 94203-4470
 
Phone: (916) 445-2021
Fax: (916) 444-3651
Web Site: www.caag.state.ca.us
Filing Fee: $0
 
Note: Corporations organized and operated primarily as hospitals,
  schools or religious organizations are exempt from filing, but must furnish information substantiating such status to the above address.
   
  The Unified Registration Statement form may be filed in place of form CT-1. This can be found at the following website: www.multistatefiling.org
 
 
 
 
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