501(c)(3) Formation in New York

If you're looking to establish a 501(c)(3) organization in New York, you've come to the right place. Chisholm Law guides both individuals and groups through the intricate process of nonprofit formation, including obtaining 501(c)(3) tax exempt status.

Here, we address some of the most common questions related to 501(c)(3) formation in the Empire State and explain why legal assistance is vital in order to secure this critical tax exempt status.

Professionals gather around a table to discuss 501c3 formation.

How Do I Get a 501(c)(3) Federal Tax Exemption Status in New York?

Obtaining 501(c)(3) federal tax-exempt status in New York involves a series of steps. Here's a brief overview:

  1. Incorporate Your Organization: Begin by incorporating your nonprofit organization under New York state law. This involves drafting articles of incorporation and filing them with the state.
  2. Draft and Adopt Bylaws: Your organization's bylaws serve as the internal rules that govern its operations. Draft comprehensive bylaws that address key aspects, such as the purpose of your organization, board structure, and decision-making processes.
  3. Apply for an EIN: Obtain a federal Employer Identification Number (EIN) from the Internal Revenue Service (IRS). This unique identifier is essential for tax purposes and is used when applying for tax-exempt status.
  4. File Form 1023 or 1023-EZ: Depending on your organization's size and financial status, you will need to complete either Form 1023 or the streamlined form 1023-EZ. These forms are submitted to the IRS and provide detailed information about your organization's structure, purpose, and activities.
  5. Pay the Appropriate Fee: There is a filing fee associated with Form 1023, and it must be submitted with your application. The fee varies based on your organization's financial projections.
  6. Wait for IRS Approval: After submitting your application, be patient. The IRS will review your materials, and upon approval, you will receive your 501(c)(3) determination letter.

Navigating this process can be complex, but Chisholm Law is here to guide you every step of the way. Contact our team today to discover how we can help your nonprofit soar.

How Much Does it Cost to Start a 501(c)(3) in New York?

The cost of starting a 501(c)(3) in New York can vary depending on several factors, including the size and nature of your organization. Key expenses may include:

  1. Incorporation Fees: You’ll need to pay a filing fee for your certificate of incorporation with the New York State Department.
  2. IRS Filing Fee: The IRS charges a filing fee for processing your Form 1023 or 1023-EZ depending on your organization's projected annual gross receipts.
  3. Legal and Consulting Fees: Many organizations seek legal assistance to ensure proper completion of documents and compliance with regulations. Legal and consulting fees can vary but are essential for a smooth application process.

While these are general estimates, it's crucial to consult with professionals at Chisholm Law to get a more accurate assessment tailored to your specific needs.

What Is the Difference Between a 501(c)(3) and a Nonprofit?

The terms "501(c)(3)" and "nonprofit" are often used interchangeably, but they refer to different aspects of an organization:

  • 501(c)(3): This is a specific section of the Internal Revenue Code that designates organizations as tax-exempt charitable entities. Organizations with 501(c)(3) tax exemption status can receive tax-deductible contributions, a key incentive for donors.
  • Nonprofit: This is a broader term that encompasses a variety of tax-exempt entities, including those organized under other sections of the IRS code. While all 501(c)(3) organizations are nonprofits, not all nonprofits have 501(c)(3) status.

In essence, all 501(c)(3) organizations are nonprofits, but not all nonprofits are 501(c)(3) organizations. If the requirements to become a 501(c)(3) do not align with your nonprofit's mission or purpose, there are other tax exempt options for you to explore. Chisholm Law can help you determine the most suitable tax-exempt status for your New York nonprofit organization.

Want to learn more? Explore all of our nonprofit formation services:

  • Nonprofit Planning
  • Incorporation
  • 501(c)(4) Formation
  • 501(c)(6) Formation
  • 501(c)(7) Formation
  • Tax-Exempt Reinstatement
  • State Tax Exemption
  • Foreign Registration

How Many Board Members Does a 501(c)(3) Need in NY?

The number of board members required for a 501(c)(3) in New York is flexible, but it's essential to strike a balance between diversity, experience, and effective governance. While state law doesn't specify a minimum number, the IRS generally recommends having at least three unrelated individuals on the board.

Maintaining an odd number of board members can help prevent tied votes, ensuring smoother decision-making processes. Additionally, having a diverse board with individuals possessing varied skills and perspectives contributes to the overall success of the organization.

Chisholm Law can provide guidance on structuring a board that aligns with your organization's goals and mission, ensuring compliance with New York regulations and IRS requirements.

Establishing a 501(c)(3) in New York is a rewarding journey, and Chisholm Law is here to support you at every turn. Contact us today to begin the process of making a positive impact in your community.

How Does Chisholm Support New York Nonprofits in Obtaining 501(c)(3) Tax Exempt Status?

Navigating the complexities of establishing a 501(c)(3) in New York is made easier with Chisholm Law. We're here to support nonprofit leaders at every step, offering tailored services to streamline the formation process.


Chisholm Law provides guidance on selecting the optimal legal structure for your nonprofit, considering your goals. Whether it's a 501c3, nonprofit corporation, or association, we help you make an informed choice.


Crafting the foundational document that outlines your nonprofit's purpose and structure is a nuanced process. Our experienced team at Chisholm Law assists you in drafting articles of incorporation that meet all legal requirements.

This proactive approach helps you avoid complications down the road, ensuring a strong foundation for your organization.


Navigating the IRS application process can be daunting. Chisholm Law takes care of the nuanced and time-consuming legal aspects of 501(c)(3) formation, guiding you to tax-exempt status.


Well-structured bylaws are crucial for smooth operations. Chisholm Law helps draft bylaws that provide a solid legal framework to help you avoid issues down the road.


We handle the paperwork to secure your EIN for tax purposes, letting you focus on your mission without administrative worries.

At Chisholm Law, we understand that the success of your nonprofit begins with a strong and legally sound foundation. Let us be your trusted ally in 501(c)(3) formation, providing the insight and support needed to transform your vision into a thriving reality.

Contact us today to start your nonprofit journey with confidence.

Establish Your New York Nonprofit Corporation With Ease

As a nonprofit in New York, navigating the intricate world of 501(c)(3) formation can feel like a monumental undertaking. With Chisholm Law's dedicated team of experienced attorneys, our firm functions as your trusted ally every step of the way.

We exist to empower you through every step of the 501(c)(3) formation process. Our team of attorneys will work tirelessly to help you maintain compliance with Internal Revenue Service

(IRS) regulations. Our core mission is to transform legal complexities into opportunities for your nonprofit to succeed. Contact us today to learn more about the 501(c)(3) formation process.

“We Are Proud Of Our 100% Success Rate For Our Nonprofit Filings 99.9% Success Rate for Trademark Filings Since 2010.*”


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