What is 501(c)(3) determination support?
Form 1023 or 1023-EZ prepared on an attorney-reviewed foundation — because the exempt-purpose language was either right at incorporation or gets fixed now.
A US nonprofit does not exist as a tax-exempt entity the moment it incorporates. Incorporating with a state — filing Articles of Incorporation with nonprofit-specific language — only creates a nonprofit corporation under state law. Federal tax exemption under Section 501(c)(3) of the Internal Revenue Code is a separate step: the IRS reviews the organization's purpose, structure and governance and issues a determination letter recognizing it as exempt. That letter is the single document that does the job India splits into two — it confirms the organization itself doesn't owe federal income tax on income related to its exempt purpose, and it makes donations to it automatically tax-deductible for donors. There is no separate US filing that does what an 80G certificate does; deductibility rides on the same determination letter.
The IRS gives filers two paths to that letter. Form 1023-EZ is the short, checkbox-heavy form, but it only exists for organizations under a size ceiling: projected gross receipts of $50,000 or less in each of the next three years, gross receipts of $50,000 or less in each of the past three years if the organization has been operating, and total assets of $250,000 or less. Above either threshold, or if the organization's structure or activities don't fit the 1023-EZ eligibility worksheet, the filing has to be the full Form 1023 — a narrative application with a detailed statement of activities, a multi-year budget, and copies of the organizing documents. The user fee is $275 for 1023-EZ and $600 for the full form, paid through Pay.gov before the IRS opens the file, and the two paths get reviewed on very different clocks: the IRS's own reporting shows 1023-EZ applications averaging around 14 days to a determination, against roughly 97 days for the full form. Which form an organization is even eligible to file is a threshold question worth getting right before drafting starts, because filing the wrong one wastes the fee and the wait.
Who does what
The determination filing is prepared with US counsel or the partner CPA firm; state charitable-solicitation registrations follow per state.
Who does what
| Your CapEasy team | 501(c)(3) determination support, the reconciliations and reporting behind it, and the questions list that keeps it honest. |
| Your CPA or enrolled agent | Everything that carries a licence in United States — rendered exactly as written: issue compilation, review or audit reports — those are restricted to licensed cpa firms. |
| You | One conversation with one named person, and the decisions that are genuinely yours. |
501(c)(3) determination support in United States
Form 1023-EZ eligibility is a hard size test, not a judgment call
Form 1023-EZ is only available to organizations projecting gross receipts of $50,000 or less in each of the next three years (and, if already operating, $50,000 or less in each of the past three years) with total assets of $250,000 or less, and it has its own eligibility worksheet with additional exclusions by organization type. An organization that files 1023-EZ while failing the worksheet risks a revoked or contested determination later; one that qualifies but files the full Form 1023 anyway pays $600 instead of $275 and waits months instead of weeks for no benefit. We run the eligibility worksheet against the organization's actual projected numbers before recommending which form to prepare.
The user fee and the processing clock differ sharply by form
The IRS user fee is $275 for Form 1023-EZ and $600 for the full Form 1023, both paid via Pay.gov before the application is reviewed. The IRS's own reporting on 1023-EZ shows applications averaging around 14 days to a determination, against roughly 97 days on average for the full form — both are IRS-published averages, not guaranteed turnaround, and either form can take longer if the IRS follows up with questions.
Exempt-purpose and dissolution language has to be right in the Articles before the 1023 is filed
The IRS checks the state Articles of Incorporation for specific exempt-purpose language (organized exclusively for one or more of the purposes Section 501(c)(3) lists) and a dissolution clause dedicating remaining assets to another exempt organization on wind-down. Language that is too narrow, too commercial, or missing the dissolution clause is a leading cause of IRS follow-up on an otherwise-complete application. Drafting or amending that language is governance-document work our partner attorney reviews — we check it against what the IRS looks for and flag gaps before the 1023 goes in, rather than after a follow-up letter arrives.
State charitable solicitation registration is a separate, ongoing, state-by-state obligation
A 501(c)(3) determination from the IRS does not authorize fundraising anywhere — most states independently require registration with the state Attorney General or Secretary of State's charity bureau before an organization solicits donations from residents of that state, and a national donate page can trigger the requirement in every state it reaches. Registrations run on staggered, often-annual renewal cycles per state, so a nationally-fundraising nonprofit can be carrying dozens of live registrations at once. We map which states the requirement actually applies to given where the organization plans to solicit, and keep the renewal calendar; each state's registered agent or your partner CPA firm files per that state's specific process.
What your CPA or enrolled agent receives from us
- A Form 1023-EZ eligibility worksheet result, run against the organization's actual projected and (if operating) historical gross receipts and asset figures, with the recommended form stated.
- The Form 1023 or 1023-EZ application drafted and organized for review — narrative of activities, multi-year budget, and supporting schedules for the full form; the completed eligibility-gated questionnaire for the EZ.
- An exempt-purpose and dissolution-clause review of the state Articles of Incorporation, checked against what the IRS looks for, flagged for the partner attorney where language needs drafting or amendment.
- A bylaws and conflict-of-interest-policy checklist confirming both governance documents exist and cover what the IRS application asks about, with drafting gaps routed to the partner attorney.
- The EIN application prepared for the organization ahead of the 1023 filing.
- A state charitable-solicitation registration matrix — every state where the organization's planned solicitation activity triggers the requirement, the form and fee for each, and the renewal cadence.


