How To Start a Nonprofit in Wyoming in Seven Steps

You will need a unique name for your new nonprofit that aligns with your mission statement so people can identify your nonprofit. To make sure no other business entity is using the name, do a name search with the Wyoming Secretary of State’s Business Center Search Tool.

You may want to use your name on your website and for marketing purposes. Check if your name is protected under a domain or trademark registration. To check a domain name, put the name in a search engine or look it up using the Internet Corporation for Assigned Names and Numbers (ICANN) domain registration tool. To see if the name is trademarked, go to the United States Patent and Trademark Office (USPTO) website and search the trademark database.

Wyoming does not require a certain number of members to be on your board. However, if you want tax-exempt status with the IRS, you must have at least three directors. The duties of your board include governance and financial oversight of your nonprofit activities. They can help with fundraising and strategic planning. Your board members have a fiduciary duty to act in the best interests of the corporation and to avoid conflicts of interest.

Choose board members with professional or personal experience to further your charitable mission. For example, if you had a charity to provide for medical expenses for children, you may want someone knowledgeable about the healthcare industry. Your members could also have other talents, such as financial knowledge to read financial statements or a legal background to help with compliance.

Wyoming has specific instructions for nonprofit corporation articles. You file the articles of incorporation with the Wyoming Secretary of State. The information you will need to provide includes:

• The corporation name

• If the corporation is religious, for a public benefit, or a private benefit.

• The name and address of the registered agent

• The mailing address of the corporation

• The principal office address

• If the corporation will have members

• A provision regarding the distribution of assets upon distribution

• The type of nonprofit business

• The name and address of the incorporator

A nonprofit for a public benefit is for everyone. A nonprofit for a private benefit, such as a homeowner’s association, is only for its members.

The filing fee for nonprofit formation is $50. You can file online by going to www.wyobiz.wyo.gov, the Secretary of State’s website.

If you want to file by mail, send the form to the Wyoming Secretary of State, Herschler Building East, Suite 101, 122 W. 25th Street, Cheyenne, WY, 82002-0020. Make a check payable to the Wyoming Secretary of State.

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

The IRS requires nonprofit organizations to have corporate bylaws and a conflict-of-interest policy. Bylaws help shape how a nonprofit is run, addressing how to hold elections, when to hold meetings, and defining the roles and responsibilities of its members.

Board members sign a conflict-of-interest statement pledging to avoid self-dealing or personal gain in their relationship with the nonprofit.

At your first organizational meeting, the board of directors will approve bylaws, appoint officers, and address any other initial administrative matters. Take notes of all board meetings as “minutes” and keep them with your corporate records and legal documents.

Your nonprofit needs an EIN from the Internal Revenue Service (IRS) to open bank accounts and file tax returns. You can apply for an EIN online by visiting the IRS website. There is no charge for this application.

You must apply to the IRS to determine your tax status to be exempt from corporate federal income taxes. The form you file depends on the definition of your type of business as defined by the Internal Revenue Code.

• For 501(c)(3) charitable, religious, and educational nonprofit organizations, file Form 1023 or Form 1023-EZ. If eligible to use Form 1023-EZ, you file it at the Pay.gov website.

• For 501(c)(4) social welfare organizations, use Form 1024-A.

• For other tax-exempt or nonprofit organizations, like 501(a), use Form 1024.

After submitting your application, the IRS sends an IRS determination letter that informs you of your tax-exempt status. If you are tax-exempt, you do not have to pay state income taxes. You do not have to apply for a state tax exemption; it is automatic.

Some states require that a nonprofit apply for a state income tax exemption or to register their charitable organization with the state. However, you do not have to register with the Wyoming Attorney General’s office or the Wyoming Department of Revenue, even if you fundraise or engage in charitable solicitations.