Juggling paperwork for multiple state and federal agencies can be overwhelming, especially while trying to get a nonprofit mission off the ground. This guide offers some clarity on what to expect, how to achieve tax-exempt status, and when to ask for help.
We’ll cover the process, including filing articles of incorporation with the Arkansas Secretary of State, applying for 501(c)(3) status with the IRS, registering to solicit charitable contributions with the Arkansas Attorney General, and meeting the ongoing compliance obligations that keep your organization in good standing.
Overview of how to start a nonprofit in Arkansas
- Incorporation and 501(c)(3) status are separate steps. State incorporation comes first, followed by applying for federal 501(c)(3) status. Please note that IRS approval of your 501(c)(3) filing is not automatic.
- File articles of incorporation with the Arkansas Secretary of State online ($45) or by mail ($50).
- Arkansas requires at least three directors and a registered agent with a physical Arkansas address.
- After IRS approval, you must separately apply to the Arkansas Department of Finance and Administration (DFA) for state tax exemption.
- Most nonprofits must register with the Arkansas Attorney General's office using Form CR-01 before soliciting donations (no filing fee).
Nonprofit corporation vs. 501(c)(3): What's the difference in Arkansas?
A nonprofit corporation is a legal entity created by filing articles of incorporation with the Arkansas Secretary of State. In contrast, federal 501(c)(3) status, which grants tax exemption and allows donors to deduct contributions, is a separate designation issued by the IRS. You must incorporate first, then apply for federal status. Arkansas state tax exemption is a third, distinct step that follows IRS approval.
Many first-time nonprofit founders assume that incorporating automatically makes them tax-exempt, or that IRS approval covers state obligations. Neither is accurate.
How to start a nonprofit in Arkansas: Step-by-step
Step 1: Choose a name for your Arkansas nonprofit
Your nonprofit's name must be distinguishable from any existing entity registered with the Arkansas Secretary of State, cannot imply a purpose different from your stated mission, and must include a corporate designator such as "Incorporated," "Corporation," "Inc.," or "Corp."
Search the Secretary of State's business name database to confirm availability or use LegalZoom’s free name search tool below. If you find a good name but you’re not ready to file immediately, you can reserve your chosen name for 120 days for a small fee. Read more in our comprehensive guide to Arkansas business names.
Free Arkansas Business Name Check
Starting a business? Use our free name check tool to check your business name against the Arkansas Secretary of State records.
By clicking "Check Availability," I agree to LegalZoom's Terms of Use. This search is a preliminary check of state databases and does not include variations or trademarks. Results do not guarantee name availability or compliance with legal requirements.
Step 2: Appoint incorporators, directors, and a registered agent
You must appoint individuals, or entities, to serve in the following roles within your nonprofit:
- Incorporators. Arkansas requires at least one incorporator to sign and file the articles of incorporation. The incorporator doesn't need to serve as a director.
- Board of directors. Under Arkansas nonprofit corporation law, a nonprofit must have a minimum of three directors. The board is legally obligated to act in the organization's best interest.
- Registered agent. Every Arkansas nonprofit must designate a registered agent with a physical Arkansas street address to receive legal documents and official state correspondence. Having a P.O. box is insufficient. A director or officer can fill this role, or the organization can use a commercial registered agent service.
One person can serve as the sole incorporator, but Arkansas law requires a minimum of three directors, so you will need to recruit at least two additional people before you can legally form and operate an Arkansas nonprofit corporation.
Step 3: File Arkansas nonprofit articles of incorporation
Articles of incorporation are the founding legal document that officially creates your nonprofit corporation in Arkansas. You will need to file them with the Arkansas Secretary of State, Business and Commercial Services Division.
- Online filing fee: $45
- Mail filing fee: $50
- Processing time: Typically 3–5 business days online; mail takes longer
Once approved, your nonprofit corporation legally exists, though it does not yet have the federal tax-exempt status.
Your articles of incorporation must include:
- Organization name
- Registered agent name and Arkansas street address
- Incorporator name(s) and signature(s)
- Statement of purpose
- A statement saying whether or not the organization will have members
While not required for incorporation, there are a few more items that must be included if you want the IRS to approve your 501(c)(3) application.
- Exempt-purpose clause: States that the organization operates exclusively for one or more IRS-recognized exempt purposes (charitable, religious, educational, scientific, etc.)
- Dissolution clause: Specifies that upon dissolution, remaining assets transfer to another 501(c)(3) or to a government entity for a public purpose
- Inurement clause: States that no portion of net earnings will benefit any private individual
Omitting these clauses will cause the IRS to reject your 501(c)(3) application.
Step 4: Draft nonprofit bylaws and a conflict-of-interest policy
Bylaws govern how your organization operates. You don't file them with the state, but the IRS reviews them as part of the 501(c)(3) application. Weak governance provisions can delay approval.
Your bylaws should cover the following:
- Organization name and principal office address
- Mission and purpose statement
- Membership provisions, or a clear statement that the organization contains no members
- Board of directors provisions, including number of seats, qualifications, terms, election procedures, and removal process
- Officer roles and responsibilities (president, secretary, and treasurer are required)
- Meeting requirements, including frequency, notice requirements, and quorum
- Voting procedures
- Amendment and dissolution procedures aligned with your articles
- Conflict-of-interest policy
What is a conflict-of-interest policy?
A conflict-of-interest policy requires directors, officers, and key employees to disclose any personal financial interest in a transaction before the organization and to recuse themselves from voting on that matter. The IRS asks about this policy directly on Form 1023 and treats its absence as a governance red flag, so your nonprofit should adopt this policy before filing your 501(c)(3) application.
Step 5: Hold your organizational board meeting
At the first board meeting, directors should take the following actions:
- Adopt the bylaws
- Elect officers
- Ratify the articles of incorporation filing
- Authorize opening a bank account
- Begin maintaining corporate records
Make sure to document everything in written minutes. The IRS may request them, and solid record-keeping demonstrates active governance.
Step 6: Obtain an EIN from the IRS
An employer identification number (EIN) is a nine-digit federal tax ID the IRS assigns to your organization. You need one before opening a bank account, hiring employees, or filing a 501(c)(3) application.
The EIN is free, and you can apply on the IRS website, but your organization must be incorporated first. Once properly filed, the IRS typically generates an EIN immediately. Fax and mail applications take four to five weeks.
Step 7: Apply for federal 501(c)(3) tax-exempt status
Two application forms are available: the Form 1023-EZ and the standard Form 1023. The proper form for your nonprofit will depend on the size and assets of your organization.
Form 1023-EZ is the streamlined application, which you can file online through pay.gov.
- Who can use it: Organizations projecting annual gross receipts under $50,000 and total assets under $250,000
- Filing fee: $275
- Estimated processing time: Typically between two and four weeks
Form 1023 is the standard application, also filed through pay.gov.
- Who it’s for: Larger or more complex organizations
- Filing fee: $600
- Estimated processing time: Between three and six months, but possibly longer
When approved, the IRS issues a determination letter confirming your 501(c)(3) status. Make sure to keep it with the rest of your documents since you'll need it for grant applications, donor acknowledgment, and the Arkansas state tax exemption application. If you file within 27 months of your incorporation date, the IRS can apply your status retroactively to the date of formation.
Step 8: Apply for Arkansas state tax exemption
IRS approval does not automatically exempt your organization from Arkansas state taxes. You must still apply to the Arkansas DFA using Form AR1023CT for state income tax exemption.
Arkansas sales tax exemption update. Act 1007, passed during the 2025 legislative session, provides a sales tax exemption for sales of certain property to qualifying nonprofits, effective June 1, 2025. Your organization can apply through the Arkansas Taxpayer Access Point (ATAP). Please note that this exemption is not automatic.
Step 9: Register for charitable solicitation with the Arkansas Attorney General
Before soliciting donations from Arkansas residents, including through online fundraising, most nonprofits must register with the Arkansas Attorney General's office. Here is what is needed to register.
- Form: CR-01 (Charitable Organization Registration Statement)
- Filing fee: None
- Renewal: Annual, and the deadline is tied to your fiscal year end
- Exemptions: Some organizations qualify (e.g., groups soliciting only from their own membership, certain religious organizations), but these exemptions are narrow—confirm eligibility before assuming you qualify
You can be penalized for fundraising before you are approved to solicit donations. Complete this registration before launching any donation campaigns, crowdfunding pages, or grant solicitations directed at Arkansas residents.
How much does it cost to start a nonprofit in Arkansas?
Starting an Arkansas nonprofit costs between $320 and $650 in required government filing fees, depending on whether you file your articles online or by mail and which IRS application form you use. That range covers only mandatory fees and excludes registered agent services, attorney review, or professional formation assistance.
| Item | Fee | Agency |
|---|---|---|
| Articles of Incorporation (online) | $45 online $50 by mail |
Secretary of State |
| Articles of Incorporation (mail) | $50 | Secretary of State |
| EIN application | $0 | IRS |
| Form 1023-EZ | $275 | IRS |
| Form 1023 | $600 | IRS |
| Arkansas state income tax exemption (Form AR1023CT) | $0 | Arkansas DFA |
| Arkansas sales tax exemption | $0 | Arkansas DFA |
| Charitable solicitation registration (Form CR-01) | $0 | Arkansas Attorney General |
These numbers are subject to change. Verify all fees directly with the relevant agency before filing, as government filing fees can change.
Ongoing compliance for Arkansas nonprofits
Once your Arkansas nonprofit is operating, it is important to be cognizant of recurring compliance obligations that apply at both the state and federal level. Missing deadlines can cost you corporate good standing or tax-exempt status.
Arkansas annual report
Arkansas nonprofit corporations must file an annual report with the Secretary of State by August 1 each year. There is no filing fee. The report captures names and addresses of principal officers and board members, and failure to file can result in administrative dissolution.
Arkansas also requires registered charitable organizations to file an annual financial report (Form CR-03) with the Secretary of State within 180 days after fiscal year end, including a copy of the federal Form 990. Organizations with larger contribution totals face additional audit or CPA review requirements.
IRS Form 990
The version you need to file will depend on your organization's size.
- Form 990-N (e-Postcard): Gross receipts of $50,000 or less
- Form 990-EZ: Gross receipts under $200,000 and total assets under $500,000
- Form 990 (full return): Organizations exceeding those thresholds
Form 990 is due on the 15th day of the 5th month following the end of the taxable year, which is May 15 for calendar-year organizations. Failure to file for three consecutive years results in automatic loss of tax-exempt status, requiring a new IRS application and filing fee.
State agencies do not reliably remind you when reports are due, so you need to be prepared to build these deadlines into your board calendar at the start of each fiscal year.
How LegalZoom can help
Coordinating three separate government agencies while drafting legally sound formation documents is demanding, and an error in your articles of incorporation can delay your entire 501(c)(3) timeline. LegalZoom can help.
LegalZoom's nonprofit formation service can handle the Arkansas articles of incorporation filing and help prepare core formation documents.
For founders who need attorney review of bylaws, 501(c)(3) application strategy, or conflict-of-interest policy guidance, LegalZoom can connect you with a network of licensed attorneys through its attorney plans. Attorney review can catch the drafting gaps, particularly missing dissolution and exempt-purpose clauses, that most commonly cause IRS rejections.
FAQs Arkansas nonprofits
Is it better to have an LLC or a nonprofit in Arkansas?
A nonprofit corporation is likely the proper structure if your goal is charitable, educational, religious, or scientific work and you want 501(c)(3) status and tax-deductible donations. An LLC cannot obtain 501(c)(3) status, and donations to an LLC are not tax-deductible. If your goal is a mission-driven business that generates profit for its owners, an LLC may fit, but it will not qualify for charitable grants or the tax benefits donors expect.
Can a nonprofit in Arkansas apply for grants before receiving 501(c)(3) status?
Most private foundations and government grant programs require a determination letter before awarding funds. Some community foundations permit a newly incorporated nonprofit to receive grants through a fiscal sponsorship arrangement, where an existing 501(c)(3) serves as the official grant recipient while the new organization awaits IRS approval. Confirm each funder's eligibility requirements before applying.
Does an Arkansas nonprofit need a business license?
Arkansas does not require a statewide general business license for nonprofits, but local licenses or permits may apply depending on your city or county and the nature of your activities. Check with your city or county clerk's office to determine what local requirements apply.
What ongoing compliance obligations does an Arkansas nonprofit have after formation?
File an annual report with the Secretary of State by August 1, an annual financial report (Form CR-03) within 180 days of fiscal year end, renew charitable solicitation registration annually with the Attorney General, and file the appropriate Form 990 by May 15 each year. Missing three consecutive Form 990 filings results in automatic loss of your nonprofit’s tax-exempt status.