Start Your Arkansas Nonprofit

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How to Start a Nonprofit in Arkansas

Welcome to our Arkansas Nonprofit Startup Guide! If you’re passionate about helping others and have an idea to serve your community, starting a nonprofit is a great way to turn your vision into a reality. There are many different types of nonprofits - religious, educational, human service oriented, animal welfare, and more. What all nonprofits have in common is a focus on helping others and benefiting their community. You are genuinely committed to these goals so you are already well on your way!

According to the National Center for Charitable Statistics, there were over 12,000 nonprofit organizations in Arkansas in 2012. Before you start a new nonprofit, make sure you have identified an unmet need in your community and know that there are not any existing organizations serving your cause. If another organization exists, consider working together, as that may be a better way to make an impact in your community and use existing resources.

When you are ready to start your nonprofit, plan to incorporate and apply for 501(c)(3) status, as these are important steps to fully achieve your goals. As a 501(c)(3) nonprofit, you will be able to apply for grants and accept donations, be exempt from federal corporate income tax, and limit the liability of your organization’s officers and directors. Most importantly, you will gain credibility and legitimacy for your cause, instilling the public with confidence in your organization.

This guide will walk you through the basic steps to start your nonprofit in Arkansas. Let’s get started!

  1. Name Your Organization

    Your organization’s name establishes its brand and is also important for incorporating with the state. The legal name of your nonprofit corporation may not conflict with any other organization registered in the state. Make sure the name is available and meets state requirements.

    Name Search: Arkansas Secretary of State - Business and Commercial Services Division (BCS)
    Name search
    Suffix:

    Not required. AC §4-33-401

  2. Recruit Incorporators and Initial Directors

    The incorporator is the person who signs the Articles of Incorporation for your nonprofit. You will need at least one, but can have more than one. Directors make up the governing body of your nonprofit corporation and are stakeholders in your organization’s purpose and success. You’ll want to identify three, unrelated individuals to meet IRS requirements. You will also want to be aware of any age or residency requirements.

    Arkansas director requirements:
    • Number: minimum 3
    • Qualifications: An individual. No residency requirement. No membership requirement.
    • Term: 1 year
    • Quorum: majority
    • Committee: minimum 2 directors
    Arkansas officer requirements:
    • A president, a secretary, a treasurer and such other officers as are appointed by the board.
    • Two or more offices may be held by the same individual.
  3. Appoint a Registered Agent

    A registered agent is responsible for receiving legal notices on behalf of your organization. The appointed registered agent must be physically located in the state and maintain an office that is open during regular business hours. As a nationwide registered agent, our service is designed to receive your legal documents and provide secure access to those documents through your online account. Our local Arkansas registered agent office is located in Mountain Home, AR. We offer registered agent service independently or as part of our nonprofit formation packages.

  4. Prepare and File Articles of Incorporation

    Your nonprofit’s articles of incorporation officially mark the creation of your organization. They document where and when the organization was formed and capture other information necessary to verify its existence. While requirements for language vary from state-to-state, there are some basic provisions that the IRS will look for when you apply for 501(c)(3) exemption. It is important to customize the articles for your organization and make sure you meet the state and IRS requirements. Meeting these requirements from the start will help avoid having to make amendments later or risk getting your 501(c)(3) application rejected. Some states will also require you to publish your articles of incorporation, so be mindful of any deadlines and publishing instructions.

    Agency:Arkansas Secretary of State - Business and Commercial Services Division (BCS)
    Form:

    NPD-1: Articles of Incorporation for Domestic Nonprofit Corporation

    Filing method:

    Mail or online

    State Fee:

    $50 by mail or $45 online

    Turnaround:

    ~2-4 business days by mail or online

    Law:

    Arkansas Code - Title 4: Business and Commercial Law - Subtitle 3: Corporations and Associations - Chapter 33: The Arkansas Nonprofit Corporation Act of 1993

  5. Obtain an Employer Identification Number (EIN)

    This unique, nine-digit number is assigned by the IRS to identify your nonprofit. All types of nonprofits will apply for an EIN, not only those that hire employees. You will use your EIN to open a bank account, apply for 501(c)(3) status, and submit 990 returns to the IRS.

    Agency:Internal Revenue Service (IRS)
    Form:

    IRS Form SS-4

    Guidance:

    IRS Pub 1635: Understanding Your EIN

    Filing method:

    Mail, phone, fax, or online

    IRS fee:

    $0

    Turnaround:

    Immediately online or by phone. 4 business days by fax. 4-5 weeks by mail.

    Notes:

    The IRS website is only available during certain hours. Print your EIN before closing your session.

  6. Store Nonprofit Records

    As you launch your nonprofit, you will receive a number of official documents. Organizing these documents in one place will save you headaches down the road. You will soon have numerous items to keep in your records including your EIN letter, bylaws, meeting minutes, 501(c)(3) determination letter, and more. Consider purchasing a Nonprofit Records Kit that makes it easy to keep track of documents.

  7. Establish Initial Governing Documents and Policies

    Your bylaws are the governing document for your nonprofit. They serve as your organization’s operating manual and should be consistent with your articles of incorporation and the law. When your Board of Directors meets for the first time, you’ll review and ratify the bylaws and they will be a roadmap for governance from there.

    At the same time, you’ll also want to create and adopt a conflict of interest policy. A conflict of interest is when someone in a key position in your nonprofit has competing interests and is making choices that could benefit themselves to the harm of the organization. Personal interests should be set aside and organizational interests prioritized. If a conflict of interest does arise, it should be disclosed immediately.

    Your application to the IRS for 501(c)(3) exemption will require that both the bylaws and the conflict of interest policy are approved and adopted. Once they’ve been adopted, safely store them in your Nonprofit Records Kit.

  8. Hold Organizational Meeting of the Board of Directors

    The initial organizational meeting of your Board of Directors will be incredibly productive. At this meeting you will approve the bylaws, adopt the conflict of interest policy, elect directors, appoint officers, and approve resolutions such as opening the organization’s bank account. Important decisions are being made so be sure to record them in the meeting minutes.

  9. Get Arkansas State Tax Identification Numbers/Accounts

    Arkansas offers a consolidated state tax registration application.

    Submit to: Arkansas Department of Finance and Administration
    http://www.dfa.arkansas.gov/
    Form: Form AR-1R: Combined Business Tax Registration Form
    Instructions: Instructions for Form AR-1R
    Guidance: Arkansas Starting a New Business Guide - An Educational Brochure for Arkansas Taxpayers
    Filing Method: Mail or in-person
    Fee: $0. $50 if filing for a Gross Receipt (Sales Tax) Permit.
    Notes: Apply at least 2 weeks before the taxable activity begins. Do not submit more than 60 days prior to opening date.
  10. Apply for 501(c)

    Applying for 501(c) tax exemption can feel like the most daunting step in bringing your nonprofit dream into reality, but obtaining tax exemption comes with many benefits. You will be able to apply for grants and grow your fundraising success in addition to being exempt from IRS income tax. 501(c) is the chapter of the Internal Revenue Code that regulates nonprofit organizations. Like others, you may be most familiar with 501(c)(3) nonprofits, including charities and foundations. 501(c)(3) nonprofits apply using Form 1023 or Form 1023-EZ. Review the criteria for each application and make sure you meet the eligibility requirements set out by the IRS. Other types of nonprofits, including 501(c)(4)s and 501(c)(6)s, apply using Form 1024. After reviewing and approving your application, the IRS will return a Determination Letter officially recognizing your exemption.

    Completing the federal application for tax exemption is significantly easier with the assistance and support of a professional. Find someone with the expertise to ensure the correct application is being used and is completed accurately. A well-prepared application takes time, over 100 hours by IRS estimates, so put yourself on the path to success by finding a specialist to walk alongside you in the journey - from start to tax-exempt finish!

    Agency:Internal Revenue Service (IRS)
    Form:

    IRS Form 1023IRS Form 1023-EZ, or IRS Form 1024

    Instructions:

    IRS Instructions for Form 1023IRS Instructions for Form 1023-EZ, or IRS Instructions for Form 1024.  Also see guidance IRS Pub 557: Tax-Exempt Status for Your Organization.

    Filing method:

    Mail

    State Fee:

    $275, $400, or $850, depending on form and annual gross receipts

    Turnaround:

    1023-EZ average: <1 month. 1023 average: 3-6 months.

    Tax-Exempt in 2 Weeks!

    Download the case study of how our client, Reform It Now, obtained 501(c)(3) tax exemption in only two weeks using the new IRS Form 1023-EZ!

    From filing the 1023EZ on August 1st to receipt of the determination letter on August 14th is, in my humble opinion, simply breathtaking and I dare say, ONLY Harbor Compliance could have achieved that.
    Dr. Bob A.Reform It Now, Inc.
  11. Apply for State Tax Exemption(s)

    With your IRS Determination Letter in hand, make sure you familiarize yourself with your state’s requirements for recognizing your nonprofit’s tax-exempt status. This is an area where requirements vary state-by-state. Many states issue their own tax-exempt certificate that can be used for sales and use tax purposes, but it may require application and periodic renewal.

    To file to obtain exemption from state income tax:

    Agency:Arkansas Department of Finance and Administration
    Form:

    Form AR1023CT: Application for Income Tax Exempt Status

    Instructions:

    http://www.dfa.arkansas.gov/offices/incomeTax/corporation/Documents/2012_AR1023CTInstructions.pdf

    State fee:

    $0

    Notes:

    Apply by submitting a copy of the IRS Determination Letter, the first two pages of IRS Form 1023, and a statement declaring exemption under ACA 26-51-303 or ACA 26-51-309. Organizations without an IRS Determination Letter should submit Form AR1023CT, a copy of the articles of incorporation, and a copy of the bylaws.

    To file to obtain Sales Tax Exemption:

    Agency:Arkansas Department of Finance and Administration
    Form:

    SSTGB Form F0003: Exemption Certificate

    Instructions:

    Streamlined Sales and Use Tax Agreement Certificate of Exemption Instructions

    Notes:

    Arkansas does not offer a general exemption application for nonprofits, but charitable sales are exempted under certain conditions. The certificate of exemption can be used to exempt an organization from sales tax in a specific purchase.

  12. Register for Charitable Solicitation (Fundraising)

    This is another area where laws differ from state to state, but most states require any nonprofit soliciting donations to register to do so on an annual basis. This means registering in the state prior to soliciting any resident of that state. Registering in your home state in essential, but you may also need to register other states depending on the scope of your organization.

    To file in Arkansas:

    Agency:Arkansas Attorney General - Public Protection Department
    Exemptions:

    The most common exemptions are:

    1. <$25,000 contributions per calendar year
    2. Religious institutions
    3. Educational institutions
    4. Political candidates and organizations
    5. Government organizations
    6. Individuals soliciting for an exempt organization
    7. Chapters and affiliates

    Check the law for the full list of exemptions and exemption criteria.

    To gain recognition under an exemption, file Form EX-01: Exempt Organization Verification.

    Form:

    URS with Form CR-02: Charitable Organization Consent for Service, or Form CR-01: Charitable Organization Registration Form

    Instructions:

    Charitable Registration in Arkansas

    Filing method:

    Mail or email.

    State fee:

    $0

    Law:

    Arkansas Code Ann. § 4-28-401 et seq.

    Notes:
    • Note the list of attachments required.
    • One signature of officer, director, or incorporator required. Signature must be notarized.
    • Some Arkansas counties and municipalities may require charities that solicit in-person to register prior to fundraising.
    URS:No

    To fundraise nationally or online, please see our Fundraising Compliance Guide. Our services manage your initial, renewal, and exemption filings in every state.

  13. Obtain Other Business Licenses & Permits

    Running your nonprofit corporation legally also means securing all applicable licenses and permits. The range of local, state, and federal requirements is wide. Access resources like the Small Business Administration Business License & Permit look-up tool and search by your business type and locality.


You’ve made it! You turned your passion into a legitimate nonprofit corporation exempt under IRS 501(c) and are benefiting your community. That solid foundation on which you built your organization requires ongoing maintenance. Investing in maintaining compliance with all of the government agencies is an ongoing responsibility and commitment needed to ensure your vision continues long into the future. Check out our compliance guide to learn more!

Once you have registered your nonprofit per the steps listed above, you will need to maintain compliance with all of the government agencies. Staying current with the IRS and state requirements is an ongoing responsibility. Continue reading our Arkansas nonprofit compliance guide to learn more!

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Fast Facts

Below is an overview of the paperwork, cost, and time to start an Arkansas nonprofit.


Paperwork
  • Form NPD-01: Articles of Incorporation - Domestic Nonprofit or Form NPD-01-501: Articles of Incorporation - Domestic Nonprofit (501(c)(3) Compliant Language)
  • Bylaws
  • IRS Form SS-4: Obtain an EIN
  • IRS Form 1023: 501(c) Tax Exempt Application
  • IRS Determination Letter
  • Form AR-1R: Combined Business Tax Registration Form
  • Form AR1023CT: Application for Income Tax Exempt Status
  • Form F0003: Streamlined Sales and Use Tax Agreement Certificate of Exemption
  • URS Charitable Registration, if applicable
  • Charitable Organization Application for Registration or the Verification of Exemption From Registr
    Cost
    • Incorporation: $45-50
    • 501(c): $400 or $850 IRS fee

    Time
    • Incorporation: ~2-4 business days
    • 501(c): 2 weeks to 3 months

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This page was last fact-checked March 29, 2016.

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