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What are the steps and requirements for starting a nonprofit organization in Florida?

Starting a Nonprofit Organization in Florida

Starting a nonprofit organization in Florida requires several steps and compliance with state and federal laws. Here's what you need to know:

Step 1: Choose a name for your nonprofit organization.

Before selecting a name, check if the name is available according to Florida law by doing a name search on the Florida Division of Corporations website. If your organization is also seeking tax-exempt status, it is recommended that you check the availability of the name with the IRS as well.

Step 2: Incorporate your nonprofit organization with the Florida Division of Corporations.

To apply for the nonprofit status, you need to file articles of incorporation with the Florida Division of Corporations. The articles of incorporation should include the name, purpose of your nonprofit, and the initial directors of your organization.

Step 3: Apply for an Employer Identification Number (EIN) with the IRS.

An Employer Identification Number (EIN) is required to open a bank account, file taxes and pay employees. You can obtain an EIN by filling out Form SS-4 with the IRS.

Step 4: Apply for tax-exempt status with the IRS.

To be eligible for tax-exemption, your nonprofit organization must meet certain criteria and file Form 1023 or Form 1024 with the IRS. The IRS has two types of tax-exempt status: 501(c)(3) for charitable, religious, or educational organizations and 501(c)(4) for social welfare organizations.

Step 5: Comply with Florida state requirements for nonprofit organizations.

Florida law requires nonprofit organizations to file annual reports with the Division of Corporations and maintain certain records, such as minutes and financial statements. Failure to comply with these requirements can lead to penalties and potentially result in the revocation of your nonprofit status.

Some potential limitations or exceptions to consider include:

  • There may be additional requirements or exceptions for your specific type of nonprofit organization.
  • Certain activities, such as lobbying, may affect your organization's tax-exempt status.
  • It is important to maintain accurate and up-to-date records to ensure compliance with state and federal laws.

Overall, starting a nonprofit organization in Florida requires careful planning and compliance with state and federal laws. It is recommended to seek the advice of a licensed attorney or other professional to ensure proper adherence to legal requirements.