Choosing the wrong structure
Selecting the wrong nonprofit structure creates avoidable complications with operations, governance, and IRS compliance later on.
Nonprofit Formation
Start Your Nonprofit and Obtain Tax-Exempt Status With an Attorney
Incorporating with the state creates your nonprofit. Your IRS Form 1023 application for tax-exempt status is a separate filing — and it is the one that makes donations to you deductible. We handle both.
Incorporating creates your nonprofit. The IRS Form 1023 application is what makes it tax-exempt. We handle both.
Flat-fee nonprofit formation packages starting at $999
- Attorney-guided
- Flat fees
- Filing fees included
- Nationwide service
Compare what each package includes
Avvo Clients’ Choice Award, 2026
“We were so grateful for Breanna’s work for our small non-profit. Kind, clear, and reliable!”
Amy · via Avvo
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A prospective client may not obtain the same or similar results.
Start your 501(c)(3)
Tell us about your mission. We usually reply the same business day.
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Our team will be in touch shortly. If you would rather pick a time now, book a consultation directly.
Book a ConsultationYou’re not hiring a filing service.You’re working with an attorney.
Legacy Path Law focuses on nonprofit formation and tax-exempt organizations. Your formation is handled by an attorney — not simply an online filing platform.
The attorneys who will handle your formation
Founding partners Breanna McCarthy and Channing Thomas work in nonprofit and tax-exempt law every day. Your matter is handled by an admitted attorney, not an intake team or a filing service.
501(c)(3) Formation Packages
Flat fees, agreed in writing before work begins.
Essential
$999
For small public charities that meet the IRS Form 1023-EZ criteria
State formation + EIN + Form 1023-EZ
What’s included
Most Popular
Complete
$2,999
For most organizations forming today
Full nonprofit formation + governance documents + Form 1023
Schedule a Free ConsultationGrowth & Protection
$3,999
Formation + trademark protection
Complete formation + federal trademark application
What’s includedSee the full breakdown of what’s included ›
Every package is a flat fee. Essential includes incorporation and IRS filing fees; eligibility for Form 1023-EZ is set by the IRS and we confirm it before filing.
Choosing How to Form Your Nonprofit
Forming a nonprofit is two separate jobs: creating the entity under state law, and obtaining federal tax exemption from the IRS. Cheaper routes usually cover the first and leave you the second, which is the part where mistakes are expensive to undo.
Forming a nonprofit is two jobs — the state entity, and IRS tax exemption. Cheaper routes usually cover only the first.
| Feature | Do It Yourself | Online Filing Service | Full-Service Law Firm |
|---|---|---|---|
| Cost | Lowest upfront cost | Moderate, with add-on fees | Flat fee, agreed in writing |
| State incorporation | You prepare and file | Filed from a template | Attorney-prepared and filed |
| IRS-required language | Commonly missed | Generic boilerplate | Drafted for your purpose |
| Form 1023 or 1023-EZ | You decide and file | Often an upsell | Eligibility assessed, then filed |
| Bylaws & conflict policy | Downloaded templates | Templates, if included | Drafted for your organization |
| Board composition | No guidance | No guidance | Reviewed against IRS expectations |
| IRS follow-up questions | Handled on your own | Additional fees to assist | Responses included |
| Best for | Experienced founders | Simple, low-budget filings | Getting it right the first time |
Amending organizing documents after filing costs more than drafting them correctly, and a denied application means paying the IRS user fee again.
Who this is for
501(c)(3) formation fits most charitable, religious, and educational organizations. A few situations need a different route, and it is cheaper to find that out now.
This is the right fit
You are building something charitable and you want it done once, properly.
- Starting a charity, educational program, or community organization from scratch
- Already operating informally and ready to formalize, open a bank account, and accept deductible gifts
- Leaving a fiscal sponsor and standing up your own entity
- Applying for grants that require a determination letter
- Anywhere in the United States — we form nonprofits nationwide
You likely need a different page
Still us, just a different starting point.
- A church or place of worship — see church formation, where applying is optional
- A family foundation funded by one donor — see private foundations
- Lobbying or advocacy as your primary activity — see 501(c)(4)
- A trade association or social club — see 501(c)(6) or 501(c)(7)
- You had status and lost it — see reinstatement
Not sure which describes you? That is the first thing a consultation settles, and it costs nothing to ask.
What’s included
Open a package to see everything it covers. Every package is a flat fee, agreed in writing before work begins.
In every package
- Structure and classification guidance
- Articles of incorporation with IRS language
- Bylaws and board policy templates you can tailor
- EIN application assistance
- IRS Form 1023 or 1023-EZ preparation
- Responses to IRS follow-up questions
Essential For qualifying small public charities $999
Who Form 1023-EZ is available to. The IRS sets the eligibility criteria: projected gross receipts of $50,000 or less in each of the next three years, actual gross receipts of $50,000 or less in each of the past three years, and total assets of $250,000 or less. Churches, schools, hospitals, and private foundations cannot use it whatever their size. We run the IRS eligibility worksheet before filing — if your organization does not qualify, we tell you and move you to Complete rather than filing the wrong form. Form 1023 vs. Form 1023-EZ ›
- Experienced nonprofit attorney guidance
- Fast onboarding (average 2–3 days)
- State nonprofit name availability search
- Articles of Incorporation prepared and filed
- Federal EIN (FEIN) registration
- IRS Form 1023-EZ preparation and submission
- Incorporation and IRS filing fees included
Complete Most popular $2,999
- Everything in Essential, plus:
- Initial 30-minute attorney consultation
- Draft bylaws template
- Conflict of Interest Policy template
- Board Meeting Minutes template
- Corporate Resolution templates
- Whistleblower Policy template
- Governance support documents
Growth & Protection Formation plus brand protection $3,999
- Everything in Complete, plus:
- USPTO name availability search
- Trademark application preparation
- One trademark in one international class
- USPTO filing support
- Online nonprofit document storage organization
Eligibility for Form 1023-EZ is set by the IRS. We confirm it before filing, and if your organization does not qualify we say so before you commit to a package.
How Formation Works
Obtaining 501(c)(3) status requires four steps: incorporate with your state using articles that contain the IRS-required purpose and dissolution language, obtain a federal EIN, adopt bylaws and governance policies, then file IRS Form 1023 or Form 1023-EZ. Form 1023-EZ is a streamlined application available only to smaller organizations that meet the IRS eligibility criteria; everyone else files the full Form 1023. IRS review commonly takes several months, and errors in the organizing documents are considerably more expensive to fix after filing than before.
Discovery
We learn your mission, programs, funding plans, and leadership so the structure matches how you'll actually operate.
Organizing Documents
We draft and file articles of incorporation containing the purpose and dissolution language the IRS requires, plus bylaws and a conflict-of-interest policy.
EIN & Setup
We help you obtain your federal EIN and get organized for banking and recordkeeping.
IRS Application
We prepare your narrative, budgets, and schedules, submit the application, and handle IRS correspondence through determination.
Why Growth & Protection
Your nonprofit’s name is not protected by forming it
Incorporating with the state stops another entity registering the identical name in that state. It does not give you rights to the name nationally, it does not stop someone else registering it as a federal trademark, and it will not help you when a similarly named organization starts fundraising in your donors’ inboxes.
For a nonprofit this matters more than most founders expect. Your name is what donors search for, what grantmakers verify, and what appears on every receipt. Losing it, or being forced to change it after three years of building recognition, is expensive in a way that has nothing to do with legal fees.
That is what the Growth & Protection package adds: a USPTO clearance search before you commit to the name, then a federal trademark application filed alongside your formation, so the brand is protected from the same day the organization is.
What the trademark tier covers
- USPTO name availability search before you file anything
- Trademark application prepared and filed
- One trademark in one international class
- USPTO filing support through examination
- Online document storage organization
Filed separately afterwards, the same trademark work is $1,500. Bundled at formation it is the $1,000 difference between the Complete and Growth & Protection packages — and the search happens before your name is on any paperwork.
Common Mistakes New Founders Make
A strong mission is the easy part. These are the issues that most often cause delays and rework.
Incomplete formation documents
Articles of incorporation and bylaws must contain specific language required for nonprofit operation and 501(c)(3) tax-exempt status.
Ignoring governance requirements
Nonprofits need proper board procedures, policies, and documentation to maintain both compliance and credibility with funders.
Filing the wrong IRS application
Errors in a 501(c)(3) application can delay approval by months or trigger follow-up questions that create additional work.
Nonprofit Formation Questions
How long does it take to get 501(c)(3) status?
State incorporation is often complete within days to a few weeks. IRS review of an exemption application commonly takes a few months, and timelines vary depending on the form filed and current IRS processing times.
What is the difference between Form 1023 and Form 1023-EZ?
Form 1023 is the full application for recognition of exemption. Form 1023-EZ is a shorter form available only to smaller organizations that meet the IRS eligibility requirements. We help determine which form fits your organization and prepare it accordingly.
How many board members does a nonprofit need?
Requirements vary by state, but the IRS looks for a board with enough independent members to show the organization is not controlled by a single person or family. We advise on a structure that supports your exemption application.
Can I pay myself from my nonprofit?
Yes. A nonprofit may pay reasonable compensation for services actually rendered. What is prohibited is private benefit or inurement, which is why documented, reasonable compensation and a conflict-of-interest policy matter.
Do I need to register to fundraise?
Many states, including Florida, require charitable solicitation registration before you ask the public for donations. We'll flag the registrations that apply to your plans.
What is a nonprofit organization?
A nonprofit is an entity created for a charitable, educational, religious, scientific, or other qualifying purpose. Unlike a traditional business, it has no owners who receive profits; resources go to supporting the organization's mission.
How do I start a 501(c)(3) nonprofit organization?
Generally you form the organization with the state, obtain an Employer Identification Number (EIN), prepare governing documents, and submit an application to the IRS for federal tax-exempt status.
Do nonprofits need bylaws?
Yes. Bylaws establish how the organization operates and set the rules for board responsibilities, leadership structure, decision-making, and governance.
What documents are needed to start a nonprofit?
Commonly: articles of incorporation, bylaws, a conflict of interest policy, board resolutions, an EIN application, and the appropriate IRS application for 501(c)(3) status.
What Clients Say
Client Review
Google Review
"I highly recommend Legacy Path Law Firm. From the moment they took over our legal matters, their professionalism, responsiveness, and attention to detail were exceptional.
We came to Legacy Path after experiencing significant difficulties with another firm, including important work that had not been properly completed. Legacy Path stepped in, carefully reviewed what had been done, identified the outstanding issues, and took the necessary action to bring the matters to completion.
What impressed me most was their willingness to take ownership of the process. Rather than making excuses or focusing on the problems created by the previous firm, they focused on solutions, communication, and getting the work done correctly.
Their team has been professional, knowledgeable, responsive, and dependable throughout the entire process. After the experience we previously encountered, it was refreshing to work with a law firm that understands the importance of accountability and client service.
I am extremely pleased with the service we received and sincerely appreciate Legacy Path Law Firm for stepping in and successfully completing work that had previously been left unresolved.
I would confidently recommend Legacy Path Law Firm to anyone looking for a legal team that follows through on its commitments and genuinely takes care of its clients."
We came to Legacy Path after experiencing significant difficulties with another firm, including important work that had not been properly completed. Legacy Path stepped in, carefully reviewed what had been done, identified the outstanding issues, and took the necessary action to bring the matters to completion.
What impressed me most was their willingness to take ownership of the process. Rather than making excuses or focusing on the problems created by the previous firm, they focused on solutions, communication, and getting the work done correctly.
Their team has been professional, knowledgeable, responsive, and dependable throughout the entire process. After the experience we previously encountered, it was refreshing to work with a law firm that understands the importance of accountability and client service.
I am extremely pleased with the service we received and sincerely appreciate Legacy Path Law Firm for stepping in and successfully completing work that had previously been left unresolved.
I would confidently recommend Legacy Path Law Firm to anyone looking for a legal team that follows through on its commitments and genuinely takes care of its clients."
★★★★★ Review on Google
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Client Review
An Outstanding Legal Partner
"Breanna was instrumental in helping our nonprofit build a strong legal foundation from the very beginning. She guided us through changing our organization's name, establishing our foreign entity registrations, and navigating the legal requirements that come with a growing national nonprofit.
She took the time to explain complex legal matters in plain language, making sure our board understood every step before moving forward. Her work gave us confidence that our organization was structured correctly and positioned for future growth.
I would highly recommend Breanna to any nonprofit or business looking for an attorney who is professional, thorough, and a trusted advisor. We truly appreciate everything she did to help Latino Professionals in Aerospace get off the ground legally and set us up for long term success."
She took the time to explain complex legal matters in plain language, making sure our board understood every step before moving forward. Her work gave us confidence that our organization was structured correctly and positioned for future growth.
I would highly recommend Breanna to any nonprofit or business looking for an attorney who is professional, thorough, and a trusted advisor. We truly appreciate everything she did to help Latino Professionals in Aerospace get off the ground legally and set us up for long term success."
★★★★★ Review on Avvo
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A Trusted Legal Partner for Nearly a Decade
"I've had the pleasure of working with Breanna for nearly a decade, and I can't recommend her highly enough. She was instrumental in helping me properly structure my business and guiding me through securing my trademark, and she's been an invaluable resource ever since.
What I appreciate most is that she's not only incredibly knowledgeable, but also someone I genuinely trust. Anytime a legal question comes up, she's my first call. She takes the time to explain everything clearly, provides practical advice, and always has my best interests in mind.
Having someone in your corner who is responsive, professional, and truly invested in your success is invaluable. Breanna has been exactly that for me, and I wouldn't hesitate to recommend her to anyone looking for an outstanding attorney."
What I appreciate most is that she's not only incredibly knowledgeable, but also someone I genuinely trust. Anytime a legal question comes up, she's my first call. She takes the time to explain everything clearly, provides practical advice, and always has my best interests in mind.
Having someone in your corner who is responsive, professional, and truly invested in your success is invaluable. Breanna has been exactly that for me, and I wouldn't hesitate to recommend her to anyone looking for an outstanding attorney."
★★★★★ Review on Avvo
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Client Review
Exceptional Legal Counsel
"I worked with Breanna for two years supporting my nonprofit and can confidently attest that she is one of the best lawyers in the industry. She is exceptionally thorough, highly responsive, and brings an outstanding level of attention to detail to every matter.
Breanna is also thoughtful, strategic, and consistently focused on delivering the highest quality work. I would recommend her without hesitation to any organization seeking exceptional legal counsel."
Breanna is also thoughtful, strategic, and consistently focused on delivering the highest quality work. I would recommend her without hesitation to any organization seeking exceptional legal counsel."
★★★★★ Review on Avvo
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Client Review
Trusted Resource
"We thoroughly enjoyed working with Breanna. She was very detail oriented, collaborative, and had deep subject matter expertise in helping our state associations get their nonprofit paperwork in order and set up for success.
Breanna made difficult administrative tasks seem easy, and all of this with a smile. She was a trusted resource for our work, and I'm happy to highly recommend her to others."
Breanna made difficult administrative tasks seem easy, and all of this with a smile. She was a trusted resource for our work, and I'm happy to highly recommend her to others."
★★★★★ Review on Avvo
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Client Review
Highly Recommend
"We were so grateful for Breanna's work for our small non-profit. Kind, clear, and reliable! Highly recommend!"
★★★★★ Review on Avvo
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Wonderful
"Professional, timely and goes to a great deal of effort to ensure you understand the whole process."
★★★★★ Review on Avvo
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Knowledgeable
"Attorney McCarthy is very knowledgeable and supportive during every steps of the process."
★★★★★ Review on Avvo
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The testimonials on this page reflect the experience of those individual clients. Every matter is different, and a prospective client may not obtain the same or similar results.
Let's get your nonprofit formed correctly.
One conversation is usually enough to map out the whole path, structure, filings, and timeline.