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I will be a Nonprofit Corporation

I will be a Nonprofit Corporation

To form a 501(c)(3) or other type of tax-exempt corporation, you do not form a tax-exempt corporation – you form a nonprofit corporation through the Arizona Corporation Commission and then apply to the Internal Revenue Service (IRS) for tax-exempt status.

Please note that the IRS requires that certain language be in the Articles of Incorporation before it will grant tax-exempt status. The form provided by the Arizona Corporation Commission complies only with the minimal requirements of Arizona law and does not include any IRS language.

If you intend to apply for tax-exempt status after the corporation is formed, you should determine what language is required by the IRS and prepare your own Articles of Incorporation to submit to the Arizona Corporation Commission. It is advisable to seek the advice of your tax and legal professionals, as well as, the IRS before you form your corporation. The Arizona Corporation Commission staff cannot give you legal or tax advice, and they cannot tell you what language to include in your Articles.

Contact:
Arizona Corporation Commission, Corporations Division
1300 W. Washington Street, 1st Floor, Phoenix, AZ 85007-2929
400 West Congress, 2nd Floor, Tucson, AZ 85701-1347
Phoenix 602.542.3026 or Arizona toll free 800.345.5819

Arizona allows the formation of a non-profit corporation through the Arizona Corporation Commission, but if the corporation intends to be tax-exempt, it must apply for that status through the Internal Revenue Service. The IRS web page Tax Information for Charities & Other Non-Profits includes information on how to apply for IRS recognition of tax-exempt status, as well as, how to keep tax-exempt status. This web page, also, includes information on annual filing requirements and forms, educational resources and guidance, news, etc.

 

An Employer Identification Number (EIN) is also known as a Federal Tax Identification Number (TIN) and is used to identify a business entity. Generally, businesses need an EIN. For more information, see the Employer Identification Number (EIN) section below or click here. (24)

 

The Arizona Secretary of State requires Veteran’s Charitable Organizations to file with their office if a person is soliciting money or other support in the name of an organization. (24)

Contact: Arizona Secretary of State, Business Services Division: Veterans Charities Organizations, 602.542.6187 or 800.458.5842

 

To ensure that all legal requirements are satisfied, it’s a good idea to consult an attorney to organize your corporation, and to ensure you are in compliance with any statutes and regulations governing your business activity.

 

Additional Information:

ASU Lodestar Center for Philanthropy and Non-profit Innovation: How to Start a Nonprofit

Arizona Attorney General: Charity Scams

Arizona Department of Administration, State Procurement Office: State Purchasing Cooperative

Arizona Department of Revenue, Publications: 501 Non-Profit Organizations, 500 Health Care Organization Exemptions

Federal Trade Commission, Bureau of Consumer Protection, Business Center: Non-Profits

Internal Revenue Service (IRS): Frequently Asked Questions - Tax-Exempt OrganizationsEducational Resources and Guidance for Exempt Organizations, Tax Information For Businesses

 

Organizations Supporting Non-Profits:

  • Alliance of Arizona Nonprofits: Unifying association formed to advance the common interests of more than 20,000 nonprofits in the Grand Canyon State.
    • ONE (Organization for Nonprofit Executives), a program of the Alliance of Arizona Nonprofits, was created to bring C-suite nonprofit executives together to network as well as learn from one another and share experiences unique to their roles. (24)
  • Arizona Community Foundation: Provides flexible giving opportunities for donors, major funding for nonprofits and students, and leadership around key community issues.
     
  • Governor’s Office of Strategic Planning and Budgeting (OSPB) - Economic Recovery Management Team (ERMT): Helps state agencies, local governments, and non-profit organizations, find, win and manage grants. Strives to be the premier resource of training and technical assistance for the Arizona grants community. (24)
     
  • Arizona Society of Association Executives (AZSAE): Provides education, resources and networking opportunities to further the professional development of their members and to assist with the growth and development of the organizations which they serve.
     
  • ASU Lodestar Center for Philanthropy and Non-profit Innovation: Provides knowledge and tools for those who lead, manage and support non-profit organizations, including technical assistance, research, professional development and academic degrees.
     
  • BBB Wise Giving Alliance: Helps donors make informed giving decisions and promotes high standards of conduct among organizations that solicit contributions from the public. Evaluations are done without charge to the charity and are posted for free public access on give.org. (23)
     
  • BoardSource: Provides knowledge and resources for non-profit leaders through workshops, training, assessment tools, an extensive Web site, and a membership program.
     
  • Candid provides GrantSpace - a learning community for the social sector, providing easy-to-use, self-service tools, online training and a network of nonprofits and libraries that offer training and resources to help nonprofits worldwide become more viable grant applicants and build strong, sustainable organizations."

    Foundation Center
    and GuideStar joined forces to become Candid, a 501c3 nonprofit organization. 

    Every year, millions of nonprofits spend trillions of dollars around the world. Candid finds out where that money comes from, where it goes, and why it matters. Through research, collaboration, and training, Candid connects people who want to change the world to the resources they need to do it. Candid’s data tools on nonprofits, foundations, and grants are the most comprehensive in the world.
     
  • City of Phoenix, Burton Barr Central Library, StartUpPHX Programs: Nonprofit Navigator Series (Phoenix): The Nonprofit Navigator series is a series of workshops designed for those interested in running or starting a nonprofit. Course topics vary. (23)
     
  • Phoenix Public Library: Nonprofit Organization: Information about starting and funding a nonprofit.
     
  • SCORE: Nonprofit association dedicated to educating entrepreneurs and helping small businesses start, grow, and succeed nationwide. They are a resource partner with the U.S. Small Business Administration (SBA), and their volunteers offer small business entrepreneurs confidential business counseling services at no charge. SCORE also provides workshops and events, resources, templates and tools to assist entrepreneurs. (23)
     
  • Social Venture Partners (SVP) Tucson: Cultivates effective philanthropists, strengthens existing nonprofits, and invests in collaborative solutions – building powerful relationships to tackle our community’s social challenges. (23)
     
  • Society For Non-profit Organizations: Provides non-profit staff members, volunteers, and board members with affordable resources and information to work more effectively and efficiently towards accomplishing their mission.
     
  • USA.gov for Non-profits: Find information and services for nonprofits, including grants, loans, assistance, taxes, management and more.

Employer Identification Number (EIN)

An Employer Identification Number (EIN) is also known as a Federal Tax Identification Number (TIN) and is used to identify a business entity. Generally, businesses need to obtain an Employer Identification Number (EIN). (21)


Apply Online: Employer Identification Number (EIN)
Download: Form SS-4: Application for Employer Identification Number


Contact:
Internal Revenue Service: Employer ID Numbers
Attn: EIN Operation, Cincinnati, OH 45999
800.829.4933 (7am -10pm local time, Monday-Friday)

 

Additional Information:

** Beginning January 1, 2024, the US Department of Treasury requires all businesses to complete

Beneficial Ownership Information Reporting.  See:  fincen.gov/boi-faqs


Internal Revenue Service (IRS): Publication 1635, Understanding Your EIN (includes detailed information on whether or not you need an EIN number), Instructions for Form SS-4

 

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STATE LICENSING

Business License

Contrary to popular belief, Arizona does not issue nor require a "generic" state business license just because you are in business. Therefore, direct customer service activities, such as house cleaning, lawn maintenance, pet sitting, etc., do not typically need a license from the state to be in business.

Transaction Privilege (Sales) Tax (TPT) License

If you plan to sell a product or engage in a service subject to state and/or local transaction privilege (sales) or use tax, you will most likely need to obtain the state transaction privilege tax (TPT) license (commonly referred to as a sales tax, resale, wholesale, vendor or tax license) from the Arizona Department of Revenue. For more information, see Engaging in activities subject to transaction privilege (sales)/use tax.

Regulatory (Professional/Special) Licensing/Permits

If your business is involved in activities supervised and regulated by one or more state offices, then you may need to obtain special licenses, certification, or permits, in addition to any other licenses/permits that may be required.

For questions about whether or not your business activity is subject to state regulatory compliance/licensing, check with the appropriate state regulatory agencies and review the Arizona Revised Statutes. For more information, see Business Licensing

LOCAL COMPLIANCE

Zoning

There may be restrictions on where you can locate your business and what improvements you can make to your existing property, so it is necessary to contact the city/town (or county if business will be based in an unincorporated region of the county) planning and zoning division regarding zoning laws before you commit to anything.

Business Licensing

Most city/town offices require businesses based within their jurisdiction - including those that operate from their home via the Internet - to obtain their business license. Businesses operating within their jurisdiction may also need to obtain their business license. This is true even if the business is engaged in an activity that does not require a license from the state. 

County offices do not typically issue a general business license, however, they may still have business compliance requirements/restrictions. See Special Licensing/Compliance section below. 

There is not a "blanket state license" that allows you to "opt out" of obtaining any local licenses which may be required.

Contact the business licensing division of any city/town/county office in which your business will be based and/or operate to verify any license requirements they may have for your particular business/business activity.

Special Licensing/Compliance

Certain types of businesses or business activities may be subject to special licensing at the local level - in addition to any other business license requirements. Examples include: alarm-related businesses; auctioneers/auction houses; carnivals; coin-operated game machines/centers; concession games; curb painters; escort bureaus; filming; food-related businesses; fortune telling; hanging flyers; knocking on doors; activities involving liquor and related products; massage businesses; mechanical rides; pawn shops/pawnbrokers; pet grooming; pool halls; selling ammunition/firearms; selling scrap metal; selling antiques or second-hand items, including gold, clothing, and appliances; sexually-oriented businesses; special events; mobile food vendors; street/sidewalk vendors; teenage dance halls; towing services; valet services; etc.

The county health departments issue permits to - and perform inspections on - businesses like food establishments, pet shops, public accommodations, public and semi-public swimming pools, mobile food vendors, and trailer parks. The county regulates water, wastewater and solid waste related activities.

City/town offices generally require pretreatment devices - such as grease traps or sand/oil interceptors - for businesses that discharge to the local sewer system. Types of businesses include restaurants, auto shops, car washes, laundromats, bakeries, and breweries.

Contact the different city/town/county departments directly - such as building, regulatory (special) licensing, environmental, fire, and police/sheriff – to inquire about any business compliance requirements or restrictions they may have for your particular business/business activity.

ENVIRONMENTAL COMPLIANCE

Your business may be subject to environmental compliance at the state, local and/or federal level. Many industries are subject to environmental compliance, including: Asphalt, Auto Repair, Car Wash, Construction, Dry Cleaner/Laundry, Food Processing, Pest Control, Pharmaceutical, Photographer, Portland Cement Plant, Print Shop, RV/Mobile Home Park, School, Solid Waste Hauler, Spray Painting Booth, Water Company, Woodworking Shop, etc.

BONDING/INSURANCE

Although not generally a legal requirement, bonding and insurance for service businesses may be required or requested by your customers in order to perform your services. Please refer to your personal insurance agent or a bonding company for assistance on this matter and any additional insurance needs.

BUSINESS TAXES

Our Business Taxes page includes links to many helpful resources including: Business Basics - A Guide to Taxes for Arizona Businesses; Starting a Business - What New Business Owners Need to Know About Federal Taxes; and Seminars, Workshops and Online Learning.

PROTECT YOUR BUSINESS

Visit Protecting Small Businesses on the Federal Trade Commission (FTC) website for information to help you avoid scams, protect your computers and networks, keep your customers’ data safe – and protect your bottom line. Stay connected by subscribing to the FTC’s Business Blog.

BUSINESS COUNSELORS

Some organizations, such as the Arizona Small Business Development Centers (AZSBDC) Network and SCORE offer small business entrepreneurs confidential business counseling services at no charge, local and online workshops, as well as, resources, templates and tools to assist entrepreneurs. 

FEEDBACK/SUGGESTIONS

Didn't find what you needed? Find a bad link? Identify information that needs to be added/updated? Encounter a problem? Call the Program Manager at 602-845-1274. 

 

Did you find this Checklist Program easy to use and helpful? We welcome your feedback and suggestions - and appreciate your support - to enhance this free, online tool!   Email:  [email protected] and add Feedback in the subject line.

 

DISCLAIMER

The ACA Checklist Program is not intended to be comprehensive and should not be used as the sole reference when starting a business in Arizona. Regulations and other legal requirements change constantly and there may be some obligations for your specific business activity this Checklist Program does not cover. We strongly suggest you consult an attorney, accountant or other business consultant

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Thank you for using the ACA Checklist Program. We hope you will take advantage of this statewide "go-to" resource for each phase of your business development. We wish you much success in your business endeavor.

Sincerely,
Arizona Commerce Authority - Small Business Services