How To Start a Nonprofit in Utah in Nine Steps
By Jordan Walker, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last reviewed January 03, 2025
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To form a charitable organization in Utah, you must choose a name, create a board of directors, and file articles of incorporation. Then, get an EIN and apply for tax exemptions at the federal and state levels.
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- 1. Choose a Name
- 2. Recruit a Board of Directors
- 3. Draft and File Articles of Incorporation
- 4. Create Bylaws
- 5. Conduct the First Board of Directors Meeting
- 6. Apply for an Employer Identification Number (EIN)
- 7. Apply For Federal Tax-Exempt Status
- 8. Register for State Tax Exemption
- 9. Register as a Charity
Do you want to make positive changes in your community? If so, consider starting a political, charitable, social, religious, or educational business. Forming a Utah nonprofit corporation can help you achieve your goals while avoiding taxes.
Here’s a simple step-by-step guide to help you understand the process required to startup your own nonprofit.
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Nine Steps to Form a Utah Nonprofit
Pick a unique name for your new nonprofit that aligns with your mission. Check if your name is available using the Utah Division of Corporations and Commercial Code name availability search.
You should also check if your desired name is registered as a domain or protected with a trademark. Check domain registrations using the ICANN data lookup tool and by searching the name on the internet. Go to the United States Patent and Trademark Office website and search their trademark database to confirm whether a trademark protects your name.
Utah law requires that your nonprofit have a board of directors made up of at least three people. The directors are often named in the Articles of Incorporation or appointed during the first meeting.
It’s important to choose individuals with a diverse range of skills, experiences, and views. Consider their passion for your nonprofit’s mission and what type of expertise they can bring to the table. You should also choose directors who represent your community or have experience in leadership. This builds a strong, effective board to guide your nonprofit in achieving its mission. Their networks and influence will help.
Prepare your incorporation articles. Include your nonprofit's name, purpose, and board members. The Utah Division of Corporations and Commercial Code website has a sample Articles of Incorporation. The filing fee is approximately $30.
To file your articles of incorporation online, create an account with the Utah Department of Commerce. Then, register as a domestic nonprofit corporation. If you’re filing your articles by mail, submit two original copies with the filing fee of $30, payable to the State of Utah. Mail your articles to the STATE OF UTAH DIVISION OF CORPORATIONS & COMMERCIAL CODE, P.O. Box 146705, Salt Lake City, UT 84114-6705.
You can also file in person at the division’s physical office. It takes about 14 business days to process your articles of incorporation.
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Bylaws are internal rules for your nonprofit's operation. They are required for tax-exempt status with the IRS. They detail how the organization will be structured and help to ensure it functions legally. You can collaborate with board members or others who know the nonprofit's mission. Together, you can create bylaws that reflect its values.
When drafting the bylaws, include key information like your organization’s purpose and membership structure. Define the roles and responsibilities of officers and members. Include how board members are elected and the length of their terms. Finally, outline the procedures for meetings. Include quorum and voting rules. Also, outline financial policies and the amendment process.
The first board of directors meeting should include:
Introductions of all board members
Election of officers
Review of the nonprofit’s mission and objectives
Adoption of essential documents like the articles of incorporation and bylaws
Make sure all board members understand their roles and responsibilities. They must also know the legal requirements under Utah law. Record minutes of the meeting to maintain transparency and establish a regular board meeting schedule.
Apply for an EIN from the IRS. An EIN is like a Social Security number for your nonprofit and is used for tax purposes, opening bank accounts, and hiring employees. You can get your EIN for free by completing Form SS-4 on the IRS website.
You must apply to the IRS for tax-exempt status. The fee and form depend on how the Internal Revenue Code defines your nonprofit.
Charitable, religious, and educational nonprofit organizations fall under 501(c)(3) and must file Form 1023 or Form 1023-EZ. Form 1023 applicants should use the Pay.gov site. Social welfare groups under 501(c)(4) must file Form 8976, Notice of Intent to Operate Under 501(c)(4), and Form 1024-A. Other tax-exempt groups, like 501(a), must file Form 1024.
After you file, you will receive an IRS determination letter confirming your tax-exempt status. Keep a copy with your business records and legal documents.
You should file the following forms for state tax exemption with the Utah State Tax Commission. This is in addition to your federal tax-exempt status:
Form TC-161 (Registration for Exemption from Corporate Franchise or Income Tax)
Form TC-160 (Application for Sales Tax Exemption Number for Religious or Charitable Institutions)
Please keep a copy for your records. Mail the original to: Religious and Charitable Section, Utah State Tax Commission, 210 N 1950 W, Salt Lake City, UT 84134. You can also apply online using the Utah Taxpayer Access Point.
Charities no longer need to register with the Utah Division of Consumer Protection to solicit donations. A new state law requires some charities to upload their latest IRS Form 990 with the Utah Division of Corporations and Commercial Code. Note that professional fundraisers or fundraising consultants must register. They must apply online through the Division of Consumer Protection.
Check for updates that might affect your nonprofit with the Division of Consumer Protection and the Division of Corporations and Commercial Code.
After Filing a Nonprofit
After registering your nonprofit in Utah, keep its tax-exempt status and good standing. You must meet ongoing requirements to do this. Each year, be sure to do the following:
File an Annual Report. File a report to the Utah Division of Corporations to keep your nonprofit active. Your annual report is due by the end of the month in which it was initially registered. If you fail to meet the deadline, your organization may be dissolved. You can file annual reports online through the business registration system or by mail. The fee is $10.
File Annual Tax Returns. File IRS Form 990, 990-EZ, or 990-N. Which one depends on your nonprofit's size and revenue. This is to keep your tax-exempt status.
Usually, corporations or LLCs must file a Beneficial Ownership Information Report (BOIR) under the Corporate Transparency Act, which is federal law. Nonprofit organizations are not required to file the BOIR.
If you want more guidance for starting your nonprofit, check out FindLaw’s Starting a Nonprofit Organization Checklist and articles about Nonprofit Organization Law.
You can also use our lawyer directory to find a business law attorney to help you start your nonprofit.
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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