Whether registration is required at all
Around ten states impose no charitable registration requirement, and a couple more have only limited rules. The rest require registration before soliciting, with penalties for fundraising without it.
State Compliance
Most states require a nonprofit to register before asking their residents for donations. Around forty states and the District of Columbia have some form of requirement; roughly ten have none. Which rules reach your organization depends on where you ask, not only where you sit.
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“We were so grateful for Breanna’s work for our small non-profit. Kind, clear, and reliable!”
A prospective client may not obtain the same or similar results.
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Tell us where you solicit. We usually reply the same business day.
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Book a ConsultationLegacy Path Law focuses on nonprofit, business, and intellectual property law. Your matter is handled by an attorney — not simply an online filing platform.
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Founding partners Breanna McCarthy and Channing Thomas work in nonprofit and tax-exempt law every day. Breanna is a member of The Florida Bar; Channing is a member of the Virginia State Bar and clerked at the North Carolina Court of Appeals and the Supreme Court of Virginia.
Your matter is handled by an admitted attorney, not an intake team and not a filing service.
Solicitation Registration
Flat fee per state • state filing fee billed at cost
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Most states require registration before you ask their residents for money. It is separate from your 501(c)(3) status, it is state by state, and it renews.
You are asking the public to give.
This is a different filing.
Registration is not the same as tax exemption, and neither one covers the other. Organizations routinely have one and not the other.
Broader than most founders expect. A mailed appeal counts. So does a fundraising event, a grant application to a private foundation in some states, and in many states a “Donate” button on your website that residents of that state can use.
That last point catches people out. A small organization with a national donation page can trigger registration duties in states it has never physically entered. Whether it does depends on how actively you target residents there — and states take differing views.
Most states require annual renewal, typically tied to your fiscal year end and often requiring financial statements. Larger organizations may need reviewed or audited financials, with the thresholds set by each state.
Four things vary state to state, and each can change the answer.
Around ten states impose no charitable registration requirement, and a couple more have only limited rules. The rest require registration before soliciting, with penalties for fundraising without it.
Many states exempt religious organizations, educational institutions, hospitals, or organizations below a revenue threshold. The categories and thresholds differ, and some exemptions must themselves be claimed by filing.
Some states want only a short form. Others require bylaws, your IRS determination letter, board rosters, contracts with professional fundraisers, and audited financials above a threshold.
Filing fees range from nothing to several hundred dollars, sometimes scaling with contributions received. Renewal deadlines rarely align across states.
There is no national process here. Each state writes its own rules, its own forms, its own fees, and its own exemptions — and they change. What one state grants automatically, the next requires you to apply for, and a third may not offer at all.
That is why this is quoted per state. Tell us where you operate and we will tell you what actually applies there.
Only where you actually solicit. For many small organizations that is one or two states, not forty. We would rather tell you that registration is unnecessary than sell you filings you do not need.
It can. Many states treat an online appeal accessible to their residents as solicitation, particularly where you actively target that state or repeatedly receive contributions from it. The analysis is fact-specific.
Consequences vary by state and can include penalties, orders to stop soliciting, and in some cases personal exposure for directors. Grantmakers and platforms increasingly check registration status too.
Possibly, but exemptions differ by state and several must be claimed by filing rather than assumed. Being exempt in one state says nothing about the next.
In most states, annually. Renewal is usually tied to your fiscal year end and often requires updated financial information.
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.
| 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.
Every state words its rules differently and renews on its own cycle. The work is identifying which states actually apply to you before filing anywhere.
We look at where you will actually solicit — mail, email, events, your own donation page — and identify the states that require registration.
Most states want your determination letter, governing documents, most recent Form 990, and officer details. We gather them once and reuse them.
Prepared and filed in each state, including any professional fundraiser disclosures and bonding requirements that apply.
Registrations expire on different dates in different states. You get the dates in writing so year two does not catch anyone out.
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.
Tell us where you fundraise and we will tell you which states apply — including the ones that do not.