CHECKLIST FOR STARTING A NONPROFIT ORGANIZATION IN

 Establish a Purpose

The purpose of the organization needs to be aligned with the IRS 501(c)3 statute (http://

 Research Similar Organizations

Conduct a market analysis to identify other organizations that have similar purposes to your intended

organization. Such organizations are resources to help you determine the degree of need in the community,

the viability of your idea, the types of programs that already exist, and the potential level of support, both

financial and otherwise, that exists. If you are at all unsure about what it takes to run a successful nonprofit,

these agencies will be rich resources from which to learn – they are most likely to know “what it really

takes” to make it work.

Maryland Nonprofits offers of list of all its membership organizations and the type of services they provide.

http://eseries.mdnonprofit.org/scriptcontent/index_member_search.cfm?section=About

 Recruit a Board of Directors

This should be a group of 5-7 unrelated individuals that will be responsible (legally) as fiduciaries for the

organizations governance, finances, and legal compliance (The IRS will be looking to see that your board is

comprised of “unrelated” individuals – related is considered either familial or through business partnerships)

 Develop a Conflict of Interest Policy

This policy will assure that conflicts of interest are both avoided and mitigated when decisions are made

regarding the use of organizational resources and/or assets. A conflict of interest policy and accompanying

declaration of interest statement will also support the designation of board members who will be able to act

in the best interest of the organization.

Maryland Nonprofits offers members model conflict of interest polices free of charge. Join now

 Create a Mission Statement

 Develop Program Plans & A Budget

You will need to describe in detail exactly what you plan to do programmatically. This includes exactly

whom you plan to serve and by what means. Once you make those determinations you will need to create a

budget forecast for your first three years. This includes all expected forms of income (grants, donations, fee

for service, etc) and necessary expenses to operate your business and deliver the programs described.

 Develop a Fundraising Plan

Identify the likely sources of income upon which you can rely to support your cause. Grants alone are rarely

enough to support organization over the long term. If you are planning to raise money through grants, do

research as to what foundations are likely to fund your specific cause.

Maryland Nonprofits offers members free access to several grants research search engines in its Silver

Spring and Baltimore offices. Join now

 Draft Bylaws

Bylaws are the organization’s governing documents and dictate the specifics regarding how the board of

directors functions and important decisions are made and carried out. The state does not require a copy of an

organization’s bylaws, but they must be attached to the federal tax exemption application.

 Check Availability of Your Trade Name

Fee: $25 to reserve a name in advance of filing Articles of Incorporation (this is not necessary as the name

will be established when you file your Articles of Incorporation, however it will ensure that no other entity

takes the name prior to your filing)

http://www.dat.state.md.us/sdatweb/nameappl.pdf

 File Articles of Incorporation (Corporate Charter)

Be sure to file Tax-Exempt Non-Stock Articles of Incorporation. In order to have articles that will qualify

your corporation for federal 501(c)3 tax-exempt status, you must have a dissolution clause that meets the

requirements of the IRS indicating that if your organization is dissolved, “assets will be distributed for an

exempt purpose described in section 501(c)3, or to the federal government, or to a state or local government

for a public purpose.”

File with Maryland State Department of Assessments and Taxation

Charter Room 801

301 W. Preston Street

Baltimore, MD 21201-2395

410-767-1330

http://www.dat.state.md.us

Fee: $170 ($150 fee plus $20 Organization & Capitalization Fee)

 Obtain Federal Employer Identification Number (EIN) from the IRS

You can file the form online or by mail, phone, or fax.

EIN Operations

Holtsville, NY 11742

Phone: (800) 829-4933

FAX: (631) 447-8960

http://www.irs.gov/businesses/small/article/0,,id=102767,00.html

 Hold Organizational Meeting

Board members identified in the Articles of Incorporation elect slate of Board Members (can be the same

group or a different group of individuals). Bylaws are ratified. Meetings minutes are taken to create a record

of the meeting.

 Complete and File IRS Form 1023 (if seeking 501(c)(3) ax-exempt status)

Form: www.irs.gov/pub/irs-pdf/f1023.pdf

Instructions: http://www.irs.gov/pub/irs-pdf/i1023.pdf

FAQ’s: http://www.irs.gov/charities/article/0,,id=130101,00.html#A_36

Filing this form will require the purpose, program descriptions, budget, and bylaws identified above. You

will also need a copy of your Articles of Incorporation and should include a copy of the minutes from your

Organizational Meeting.

Fee: $400 - if your projected budget is less than $10,000

$850 – if your projected budget is greater then $10,000

(Increase coming in 2010 - http://www.irs.gov/charities/article/0,,id=213932,00.html)

 File Charitable Solicitation Form (COR-92)

Maryland Charitable Organizations Division

Office of the Secretary of State

State House

Annapolis, Maryland 21401

410-974-5534 or 1-888-874-0013 (within Maryland)

http://www.sos.state.md.us/charity/COR-92.pdf

Other States

http://www.multistatefiling.org/n_appendix.htm

 File Combined Registration Application

This is required to obtain a sales tax exemption

http://forms.marylandtaxes.com/current_forms/cra.pdf

 File Maryland Form No. 1 – Personal Property Return

http:// www.dat.state.md.us/sdatweb/personal.html#forms

 File Form 990-N, Form 990-EZ, or Form 990 with IRS based on annual gross receipts

http://www.irs.gov/charities/index/html

 Read IRS Compliance Guide for 501(c)3 Public Charities

http://www.irs.gov/pub/irs-pdf/p4221pc.pdf

 Apply for Property Tax Exemption

http://www.dat.state.md.us/sdatweb/county.html

 Obtain State or Local Licenses/Permits

http://www.dllr.state.md.us or http://www.blis.state.md.us

 Register Employees with Comptroller of Maryland

 Pay State Employment and Unemployment Taxes

 Pay Federal Employment Taxes

 Pay Workers’ Compensation Insurance

 Display Required Posters

 Assess property and liability insurance needs for the organization

Maryland Nonprofits help member organizations with their insurance needs. Join now

IMPORTANT WEBSITES

Name Search

Maryland

Department of

Assessment and

Taxation

* Be sure to read the

instructions before

doing a search

http://sdatcert3.resiusa.org/ucc-charter/CharterSearch_f.aspx

Articles of

Incorporation

Forms and fees

Maryland

Department of

Assessment and

Taxation

http://www.dat.state.md.us/sdatweb/corp_forms.html

Overview about

becoming NPO

IRS

http://www.irs.gov/charities/content/0,,id=96986,00.html

Application for

EIN (SS4)

IRS

http://www.irs.gov/businesses/small/article/0,,id=98350,00.html

Application for

exemption (1023)

IRS

http://www.irs.gov/pub/irs-pdf/f1023.pdf

FAQs About

Applying for Tax-

Exemption

IRS

http://www.irs.gov/charities/article/0,,id=96590,00.html

Sales tax

exemption

Maryland

Comptroller

http://business.marylandtaxes.com/taxinfo/salesanduse/exemption/exemptions.asp

Charitable

registration

Maryland Secretary

of State

http://www.sos.state.md.us/Charity/RegisterCharity.htm

Info about other

NPO’s

Guidestar

www.guidestar.org

Info about

Maryland NPOs

Maryland

Nonprofits