How To Start a Nonprofit in Wisconsin in Nine Steps

The name of your nonprofit should be unique and communicate your charitable organization’s purpose. You don’t want your nonprofit to be confused with another business entity. You will want to search if your name is available with the Wisconsin Secretary of State and also if it is already registered as a domain name or protected by a trademark.

To see if the name is available in the state, go to the Wisconsin Department of Financial Institutions and search corporate records. To check domain registrations, search for the name on the internet or use the ICANN Domain Names Registration Lookup tool. The United States Patent and Trademark Office (USPTO) website has a search tool for registered trademarks. If your name does not show up in any of those searches, your name is available

Your organization must have a board of directors to oversee operations, review financial reports, and provide leadership. Your board members have a fiduciary duty to serve in the best interests of the nonprofit and avoid conflicts of interest. In Wisconsin, state law requires that you have at least three board members for your nonprofit.

You should choose board members who can help with your mission statement, operations, and fundraising. For example, ask a leader in your community to join your board since they may have connections and can help with charitable solicitations.

You must file Form 102, Articles of Incorporation Nonstock Corporation, with the Department of Financial Institutions (DFI).

You will need to include your nonprofit’s name and initial principal office, the name and address of the registered agent, if the nonprofit will have members, and the name and address of the incorporators.

If filing by mail send the original to State of WI-Dept. of Financial Institutions, Box 93348, Milwaukee WI, 53293-0348, with a check for the $35.00 filing fee, payable to the Department of Financial Institutions. You can also file Form 102 online.

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Your nonprofit should have bylaws and a conflict-of-interest statement. The bylaws are your company’s rules for operation, such as how to elect officers and board members, when to hold meetings, and how many officers constitute a quorum. A conflict-of-interest statement is something your board members and officers should sign, declaring they will avoid self-dealing.

At your initial board of directors organizational meeting, you can ratify the incorporation of your nonprofit, elect officers, adopt your corporate bylaws, and address any organizational matters. You should have regular board meetings, no less than once a year, and keep all the minutes of your meetings as part of your corporate records.

An Employer Identification Number (EIN) from the Internal Revenue Service (IRS) identifies your business entity in the same way a social security number identifies an individual. You will use your EIN to complete tax documents and open bank accounts for your nonprofit. Your nonprofit also uses its EIN for business licenses and permits. You can apply for an EIN by completing Form SS-4 on the IRS website.

You must complete an application with the IRS to receive tax-exempt status. The type of form you file depends on your nonprofit as defined by the Internal Revenue Code.

• 501(c)(3) charitable, religious, and educational nonprofit organizations, file Form 1023 or Form 1023-EZ. If you qualify to file the 1023-EZ, use the Pay.gov site.

• 501(c)(4) social welfare organizations file Form 1024-A.

• Other tax-exempt or nonprofit organizations, such as 501(a), file Form 1024.

The IRS will then send a determination letter certifying your nonprofit status. Keep your IRS determination letter with your corporate records.

To qualify for sales tax exemption, you must complete Form S-103, Application for Wisconsin Sales and Use Tax Certificate of Exempt Status (CES). You can fill out the application, print it, and mail it to the Wisconsin Department of Revenue, PO Box 8902, Madison, WI 53708-8902.

If your nonprofit solicits donations of $25,000 or more in a year or if you have any paid employees, you may need to register your nonprofit with the Wisconsin Department of Financial Institutions (WDFI). Complete Form 296, Charitable Organization Application. There is a $15 application fee.