Nonprofit Law Resource Library
State-By-State Initial Compliance - Georgia
Initial Filings for Georgia Nonprofit Organizations
For a general discussion on starting a nonprofit organization, please refer to our article, Starting a Nonprofit Organization.
To Incorporate in Georgia
a. Submit 2 sets of Articles of Incorporation (original plus a copy), and Transmittal Form 227 to:Office of the Secretary of State
315 West Tower
#2 Martin Luther King, Jr. Drive
Atlanta, GA 30334-1530 Information: (404) 656-2817
Fax: (404) 657-2248
Web Site: sos.georgia.gov
Filing Fee: $35
b. No later than the next business day after filing the Articles of Incorporation, the organization must submit a “notice of intent to incorporate” along with a $40 publication fee to the newspaper which is the official “legal organ” of the county in which the organization will be located. For a list legal organs refer to the following web site: www.sos.state.ga.us/elections
c. Within 90 days of incorporation, the organization must file an initial “annual” registration form with the Secretary of State, along with a $30 fee. The Secretary of State recommends that this form be filed on-line at: www.georgiacorporations.org
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: $850 ($400 if revenues less than $10,000/year)
For more information on filing fees, see the IRS website.
To Obtain Georgia Income Tax Exemption
Submit Form 3605 (Application for Recognition of Exemption) along with the Articles of Incorporation, Bylaws, a statement of activities, and a copy of IRS 501(c)(3) determination letter to:Georgia Income Tax Division
Tax Exempt Organizations
PO Box 49432
Atlanta, GA 30359 Information: (404) 417-2402
Web Site: www.etax.dor.ga.gov
Filing Fee: $0
To Obtain Georgia Sales and Use Tax Exemptions
There are no general exemptions from sales and use taxes. Some specific exemptions exist for nursing homes, hospitals, in-patient hospices and mental hospitals. All specific exemptions are listed in the Code of Georgia, which can be found at the following web site: www.legis.state.ga.us
For additional information contact:Georgia Department of Revenue
PO Box 38428
Atlanta, GA 30334 Information: (404) 417-4490
Web Site: www.etax.dor.ga.gov
To Register with the Secretary of State
If planning to solicit funds in Georgia, submit Form C100 along with IRS Form 990 and a financial statement (both dated within 1 year of filing) to:Office of the Secretary of State
Division of Securities & Business Regulation
2 Martin Luther King, Jr. Drive, S.E.
Suite 802, West Tower
Atlanta, GA 30334 Information: (404) 656-3920
Web Site: sos.georgia.gov/securities/
Filing Fee: $25
Notes: If revenues over $0: Provide financial statement with Form C100.
If revenues over $500,000: Provide review audit with Form C100.
If revenues over $1,000,000: Provide complete audit with Form C100.
Educational institutions, religious organizations, organizations with total gross revenues of less than $25,000 in successive calendar years, and a limited number of other organizations may be exempt from this filing. For a complete list of qualified exemptions, refer to the web site listed above.
The Unified Registration Statement (URS) form may be filed in place of this application. This can be found at the following website: www.multistatefiling.org