United StatesServices Registrations & licences501(c)(3) determination support

Registrations & licences

501(c)(3) determination support for US businesses

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.

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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 team501(c)(3) determination support, the reconciliations and reporting behind it, and the questions list that keeps it honest.
Your CPA or enrolled agentEverything that carries a licence in United States — rendered exactly as written: issue compilation, review or audit reports — those are restricted to licensed cpa firms.
YouOne 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.

Questions worth asking before you start

Who actually does the work — a person or an AI tool?

A named person on our team owns your file and reviews everything that leaves it. Software does a real share of the grinding underneath it — coding, matching, flagging the obvious gaps — but nothing regulated happens without a person’s judgement, and nothing here is signed or filed by an algorithm.

Who can legally file this?

The determination filing is prepared with US counsel or the partner CPA firm; state charitable-solicitation registrations follow per state.

Which software do you work in?

Whatever you already run. Most commonly QuickBooks, Xero, NetSuite, Sage, Zoho Books and a handful of others — we work inside your system rather than moving you onto one of our own.

How does this actually start?

A short, free read-only look at what you already have, and a written note on what we found. A scoping call decides the size of the engagement — nothing here commits you to anything.

What does it cost?

There is no published price for 501(c)(3) determination support — it depends on volume, how many entities are involved, and how far behind the books are. We quote after the read-only review, which is free.

How does this fit with the rest of registrations & licences?

501(c)(3) determination support sits inside registrations & licences, alongside EIN registration, State payroll registrations, Seller’s permit registration. Most clients end up buying the category as a whole rather than one leaf at a time, but starting narrow is fine.

What does a 501(c)(3) determination letter actually cover?

It's the IRS's recognition that the organization is exempt from federal income tax under Section 501(c)(3) and, as a direct consequence, that donations to it are tax-deductible for donors. It combines what India splits into two filings — 12A for the entity's own exemption and 80G for donor deductibility — into a single letter.

What's the difference between Form 1023 and Form 1023-EZ?

Form 1023-EZ is the short, checkbox application available only to organizations projecting $50,000 or less in gross receipts for each of the next three years (and the past three, if already operating) with total assets of $250,000 or less, plus other eligibility-worksheet exclusions. Above those thresholds, or outside the worksheet's eligibility, the filing has to be the full Form 1023 — a narrative application with a detailed activities statement and budget.

How much does the IRS charge to file?

The IRS user fee is $275 for Form 1023-EZ and $600 for the full Form 1023, both paid through Pay.gov before the application is reviewed. These are the official IRS fees.

How long does the IRS take to issue a determination?

The IRS's own reporting shows Form 1023-EZ applications averaging around 14 days to a determination, against roughly 97 days on average for the full Form 1023. These are published averages, not a guaranteed turnaround — either form can take longer if the IRS has follow-up questions.

Do we need to incorporate before filing Form 1023?

Yes. Federal tax-exempt status is a separate step from state incorporation — the organization has to exist as a state nonprofit corporation, with Articles of Incorporation carrying the exempt-purpose and dissolution language the IRS looks for, before a 1023 or 1023-EZ application is filed.

Will CapEasy draft our bylaws and Articles of Incorporation?

We check bylaws and Articles against what the IRS application asks for — exempt-purpose language, a dissolution clause, a conflict-of-interest policy — and flag gaps. Drafting or amending governing-document language is reviewed by our partner attorney; it's governance-document work that sits with a licensed professional, not something we draft unsupervised.

Who actually files the Form 1023 or 1023-EZ application?

The determination filing is prepared with US counsel or the partner CPA firm, on the attorney-reviewed foundation we build. That is the boundary for this service: we prepare the file to the point it can be filed correctly; the filing itself runs through your counsel or the partner CPA firm.

Do we need to register in every state to fundraise, or just where we are based?

Most states require charitable solicitation registration before an organization solicits donations from residents of that state, and a national donate page can trigger the requirement broadly — not just where the organization is physically based. We map which states your actual planned solicitation activity reaches and build the registration and renewal matrix from that footprint.

Does getting the 501(c)(3) determination letter also cover state charitable solicitation registration?

No. The IRS determination is a federal tax-exemption status. State charitable-solicitation registration is a separate, state-by-state requirement that has no equivalent in India's 12A/80G regime at all, and it follows the determination as its own filing track — each state's registration follows per that state's process.

What happens if we file Form 1023-EZ but didn't actually qualify?

The IRS can revoke or contest a determination granted on an application that didn't meet the eligibility worksheet's thresholds. That's why we run the worksheet against your actual projected and historical financial figures before recommending which form to prepare, rather than assuming size alone qualifies an organization.

What is a conflict-of-interest policy and why does the IRS application ask about it?

It's a governance document the board adopts that lays out how the organization handles situations where a board member or officer has a personal or financial interest in a decision. The IRS treats its presence, or absence, as a governance signal on the 1023 application, so we check for it as part of the governance-document review and flag any gap to the partner attorney.

Your CapEasy experts

Connect with us

Talk to the people who handle this work every day — no call centre, no hand-offs.

Ayush Joshi

Ayush Joshi

Co-Founder

Ex-OYO and Tenaciousfly. 7+ years in business development, strategic acquisitions, financing and debt syndication.

Aditya Jain

Aditya Jain

Co-Founder

Ex-Bank of America. 4+ years in investment banking, EU & Indian compliances, ESG compliances, and project management.

Manav Raval

Virtual CFO & Tax Specialist

Section 80-IAC, tax planning and startup compliance. Previously at Toyota Motor Corporation and Jaguar Land Rover.

Ayush Faldu

Virtual CFO & Tax Specialist

Financial strategy, budgeting and cash flow — a CFO’s judgement, monthly.

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