How To Start a Nonprofit in Nevada in Nine Steps

To start a nonprofit organization in Nevada, you must pick a name, choose your board of directors, file articles of incorporation, get an Employer Identification Number (EIN) from the Internal Revenue Service (IRS), apply for tax-exempt status, and register as a charitable organization.

This article takes you through the steps to create a Nevada nonprofit.

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Nine Steps to Start a Nevada Nonprofit

1

Choose a Name for Your Nonprofit

Choose a unique name that shows what your organization wants to achieve. Check that no one else is using the name by looking it up on the Nevada Secretary of State (NVSOS) Silverflume Business portal. Then, search online to see if the name is already being used as a website address. Lastly, make sure the name isn’t protected by a trademark, which means someone else owns the rights to it. You can do this by checking the USPTO’s trademark database.

2

Appoint a Board of Directors

Nevada’s Revised Statutes (NRS) require nonprofits to be run by at least three people, all of whom must be 18 or older. This group is called the board of directors, and they're responsible for making big decisions about how the nonprofit works. They don't have to do all the everyday jobs themselves, but they should choose other people to help with daily management. The board can also create smaller groups, called committees, to help with specific tasks.

When picking people for your board, try to find those who are really interested in what your nonprofit is trying to achieve and have good experience. It's important to have board members who are connected to the community, come from different backgrounds, and are honest and responsible. Having someone who knows about fundraising is very useful too.

3

File Articles of Incorporation

Startup your nonprofit corporation by filing Nonprofit Articles of Incorporation with the NVSOS. To complete the articles, you need the following information:

  • Name of the nonprofit

  • Registered agent service address

  • Names and addresses of the board of directors

  • Purpose of the nonprofit

  • Duration nonprofit will operate

You can file articles of incorporation online by creating a Nevada business portal profile. You can also file by mail by sending your completed Nonprofit Articles of Incorporation to Franciso V. Aguilar, Secretary of State, 401 North Carson Street, Carson City, Nevada 89701-4201. The filing fee is $50. You should also file an Initial List of Officers and Directors with the NVSOS.

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4

Write Bylaws

Bylaws are rules or instructions that will help your nonprofit entity run smoothly. When writing your bylaws, include information about your nonprofit’s:

  • Purpose. Explain what your organization’s purpose is all about and what it wants to achieve.

  • Meetings. Describe how often the board of directors should meet, how to organize these meetings, and how to make decisions.

  • Board of Directors. Explain who is on the board, how they are chosen, how long they serve, and their responsibilities.

  • Officers. Lay out the duties for specific roles like the president, secretary, or treasurer.

  • Membership. If the nonprofit has members, explain who can be a member and what rights they have.

  • Amendments. Outline how the nonprofit’s rules can be changed if needed.

Bylaws are required if you apply for tax-exempt status with the IRS.

5

Hold Initial Board Meeting

Schedule your first board of directors meeting and cover the following:

  • Adopt bylaws. Discuss and approve your nonprofit’s rules and procedures and make sure everyone is familiar with them.

  • Elect officers. Choose people to take on important roles, like the president, vice president, secretary, and treasurer.

  • Get Organized. Make decisions about your nonprofit’s goals and how it will handle money.

Be sure to write down what happens during this initial meeting. These notes are called minutes and help everyone remember what was covered.

6

Get an Employer Identification Number (EIN)

Apply for an EIN from the IRS. This is like a Social Security number for your business entity and is needed for tax purposes and opening a bank account. You can apply for an EIN using the IRS website. Once you submit the necessary information, you will get your EIN right away.

7

Apply for Federal Tax Exemption

File forms necessary to apply for tax-exempt status under the Internal Revenue Code 501(c)(3) status with the IRS. There are different forms for different types of nonprofits. If your nonprofit is a charity, religious group, or educational organization, you must file IRS Form 1023 or a shorter version called Form 1023-EZ. If you can use the 1023-EZ form, you have to fill it out online on a website called Pay.gov.

For social welfare groups that help the community in other ways, file Form 1024-A. Other kinds of nonprofits that don’t fit into the previous categories might need to file Form 1024.

You’ll receive a determination letter from the IRS once your eligibility as a tax-exempt organization is approved.

8

Apply for State Tax Exemption

Nevada nonprofits aren’t required to have a state business license but must apply for exemptions from state income taxes. To apply, complete and file the Exempt Status Entity Form with the Nevada Department of Taxation. You can also request a sales tax exemption by submitting an Application for Sales/Use Tax Exemption for Religious/Charitable/Education Organizations. You must include your nonprofit’s bylaws, Articles of Incorporation, current financial statements, and IRS exemption letter.

9

Register as a Charitable Organization

Under Nevada state law, you must sign up with the Nevada Secretary of State’s office if you plan to do fundraising. This process involves filing a Charitable Solicitation Registration Statement. This registration must be updated every year if the organization continues to ask for donations in Nevada. There are some exceptions to this rule, and certain qualifying organizations can instead file an Exemption from Charitable Solicitation Registration Statement. Send these forms to the Nevada Secretary of State's Commercial Recordings Division.

After Setting Up Your Nonprofit

After you form your nonprofit, there are certain things you must do to remain in good standing:

  • File Annual Reports. Every year you need to file an Annual List of Officers and Directors with the Nevada Secretary of State. Your due date is the end of the organization's business registration anniversary month. For example, if you registered your nonprofit on January 15, the annual report is due by January 31.

  • File Annual IRS Returns. Tax-exempt organizations must file Form 990 or Form 990-EZ with the IRS every year. This helps make sure the nonprofit is doing what it promised and using its funds to help others as it should.

  • Maintain Records. To stay organized and transparent, keep detailed records of formation documents, meetings, decisions, financial activities, and other legal documents.

  • Renew Registrations. Regularly renew business licenses, registrations, or permits your nonprofit holds, such as your charitable organization registration.

Under the Corporate Transparency Act, some businesses must submit a Business Ownership Information Report (BOIR). This report tells the government who really owns or controls the business. However, nonprofit organizations like 501(c) organizations don't have to file this report.

If you need help setting up your nonprofit, you might consider contacting a business lawyer. You can also check out FindLaw’s Starting a Nonprofit Organization Checklist and Nonprofit Organization Law.

Or you can let our trusted partner LegalZoom handle your nonprofit creation starting at $99 plus filing fees.

Disclaimer: The information presented here does not constitute legal advice or representation. It is general and educational in nature, may not reflect all recent legal developments, and may not apply to your unique facts and circumstances. Consider consulting with a qualified business attorney if you have legal questions.

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