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This guide covers the required filings to maintain a nonprofit corporation
in Alabama. If you are looking to form nonprofit in Alabama, please
visit our Start
Your Alabama Nonprofit guide. The steps below apply to nonprofits that are
both incorporated and foreign qualified in Alabama. Please note that this is a
general list and may not be exhaustive or applicable to all nonprofits.
By the 15th day of the 5th month following the end of the taxable year. For most organizations, the tax year ends December 31 so the Form 990 is due May 15.
2 File
Alabama Corporate Tax Exemption Renewals
Not required
There is no renewal requirement for Alabama corporate income tax exemption.
More information: Alabama Department of Revenue
3 File
Alabama Sales Tax Exemption Renewals
Agency:
Alabama Department of Revenue
Due:
Most certificates are renewed annually.
Notes:
The exact date of renewal is found on the current exemption certificate.
4 File
Alabama Annual Report
Not required
No annual report is required for a domestic or foreign Alabama nonprofit corporation with a 501 (c) exemption. However, Alabama nonprofits must file charitable registration with the Attorney General.
More information: Alabama Secretary of State - Business Services Division
5 Renew the
Charitable Solicitation Registration
A Charitable Organization is any benevolent, philanthropic, or patriotic person, or one purporting to be such, consistent with the then-controlling definition provided in the Internal Revenue Code of the United States of America, which solicits and collects funds for charitable purposes and includes each local, county, or area division within this state of the charitable organization; provided the local, county, or area division has authority and discretion to disburse funds or property otherwise than by transfer to any parent organization.
Alabama Charitable Organization Registration
Agency:
Alabama Attorney General - Consumer Interest Division
Charities that do not intent to solicit and receive and do not actually receive more than $25,000 in contributions during a fical year and do not use professional fundraisers
Educational institutions and their authorized and related foundations
Religious organizations
Political organizations
Fraternal, patriotic, benevolent, social, educational, alumni, health care foundation, historical, and civil rights organizations, including fraternities and sororities and any auxiliaries associated with any such organizations
Civic leagues and civic organizations which solicit contributions solely from their own membership
Appeals for individuals that raise $10,000 or less
Any charitable organization receiving an allocation from an incorporated community chest or united fund, provided the chest or fund is complying with this section relating to registration and filing of annual reports with the Attorney General, the charitable organization does not actually receive, in addition to an allocation, contributions in excess of $25,000 during the fiscal year, and all of the fundraising functions of the charitable organization are carried on by persons who are not paid for such services
A local post, camp, chapter, or similarly designated element, or a county unit of such elements of a bona fide veterans organization, which issues charters to local elements throughout this state, or a bona fide organization of volunteer firefighters, ambulance companies, or rescue squads, or a bona fide auxiliary or affiliate of such organizations, provided all of its fundraising activities are carried on by members of the organization, family members of the members of the organization, volunteers, or an affiliate of the organization and the members receive no compensation, directly or indirectly
Submit the online form or Charitable Organization Registration Form and all required attachments to apply for registration with the Alabama Attorney General - Consumer Interest Division.
Foreign Applicants:
Determine whether or not your charity will need to foreign qualify based on your activity in Alabama. If not required, skip to number 3.
Submit the online form or Charitable Organization Registration Form and all required attachments to apply for registration with the Alabama Attorney General - Consumer Interest Division.
Required Attachments:
Articles of incorporation or organization
A copy of any agreement of association, instrument of trust, constitution, or other organizational instrument
A copy of the bylaws adopted by the applicant
Organizational Charter
IRS determination letter
List of officers and directors including phone numbers and addresses
List of other states where the applicant is registered to solicit donations
Names and addresses of any professional fundraisers and commercial coventurers who are acting or have agreed to act on behalf of the applicant
Annually within 90 days after the close of your organization's fiscal year. So if your fiscal year ends December 31, then the report is due March 31.
Due Date Extension:
Due dates can be extended for 180 days beyond the original due date by submitting a request for extension through the online portal.
Original Ink:
Not required
Notarization Required?:
Not required
Penalties:
There are no late fees if a charity does not renew its registration. The Attorney General will mail the organization a 15-day notice of registration cancellation. The organization will have that period to cease solicitation and if the solicitation is ceased, then no penalties apply.
Notes:
One authorized officer must sign the renewal. Alabama does not require a specific title.
Required Attachments:
Either IRS form 990 or audited financials
Only if amended: IRS determination letter, articles of incorporation, and bylaws
The organization must notify the Attorney General within 10 days of any change in the information required for registration.
Reinstatement
Not required
Formal reinstatement is not required. Charities who wish to renew a lapsed registration should submit a renewal filing along with the required financials, attachments, and fee(s) for each year not registered.
Change of Fiscal Year
Filing Method:
Email to consumerinterest@alabamaag.gov
Agency Fee:
$0
Turnaround:
1-2 business days
Notes:
To update your fiscal year submit a letter to the Attorney General's office requesting the change. Make sure to include the full name of the charity and either the Alabama License number or your organization's FEIN.
To close out your registration, submit a notice of non-renewal on the state's portal. It will require a reason for withdrawal and the date that solicitations will be discontinued.
6Maintain
a Alabama Registered Agent
Maintain a registered agent that has a street address in Alabama. The
registered agent is responsible for receiving legal documents such as service of
process. Appointing a registered agent service is often preferable to listing an
officer or director, as their information often changes. Consider using our registered agent service
in Dothan , AL to maintain compliance with
the state requirement.
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Fundraising Compliance
Learn how to stay compliant with charitable solicitation laws.
Filing fees depend on your individual situation. We do our best to calculate your filing fees
upfront and collect those fees today so we can get started. Your specialist will determine your
exact filing fees and invoice additional fees if required.