How to Start a Nonprofit Organization in Georgia 2025


Steve Bennett
Steve Bennett
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Start a Nonprofit in Georgia

Establishing a nonprofit is kind of similar to forming a corporation in Georgia. You can easily start a nonprofit in Georgia as a limited liability company, a corporation, or any other type of business structure. Unlike for-profit businesses, nonprofits focus on addressing pressing social issues than profit-oriented businesses.

This article will guide you through the Dos and Don’ts of starting a nonprofit in Georgia. LLCBuddy editors explain all the steps you must follow to form a corporation for your nonprofit organization. It must be noted that this page shared generalized steps to form a nonprofit in Georgia. It is recommended to consult an attorney or hire a professional service.

What is a Nonprofit in Georgia

Nonprofit organizations are legal entities that operate to serve public benefits and address community issues. Unlike for-profit organizations, nonprofits do not aim to generate any profit. The Internal Revenue Service (IRS) generally exempts nonprofit organizations from tax. However, based on the business entity structure, you will receive tax exemptions as a nonprofit.

In Georgia, ensure you have a community issue to address before forming your nonprofit. It can generally be education, religion, charity, social service, or other social issues. Nonprofits do not pay taxes on the money they receive through fundraising programs, donations, or any charitable funding.

Types of Nonprofits in Georgia

The first thing one has to decide is what type of nonprofit structure one wants. There are several types of nonprofits one can start. Here is a list of nonprofit types one can choose from-

  1. Nonprofit LLC
  2. Nonprofit Corporation
  3. Unincorporated Nonprofit

BOI Report Filing

According to the Corporate Transparency Act, every LLC, corporation, and other type of business that is registered with the Georgia SOS or similar authority, must file the BOI report with FinCEN. From January 1, 2024, it is mandatory to file a BOI report for every business entity. In this report, LLCs have to share information about the beneficial owners (having equal or more than 25% share). LLC owners can file BOI reports online or offline.

Businesses in Georgia that are created before January 1, 2024, should file their BOI report by January 1, 2025. Businesses that are created in 2024, must file the BOI report within 90 business days of finishing the formation process. Missing out on filing the BOI report may lead to a monetary penalty of $500/day.

How to Start a Nonprofit in Georgia

Nonprofits are certainly different from for-profit organizations. The main focus of the organization is on social values rather than profit. The process of having a nonprofit in Georgia is similar to forming any corporation in Georgia. However, there are a few additional steps to follow.

Step 1: Develop Your Mission and Vision

Before you get into legal details, you need to define the purpose and goal of your organization clearly; this will go a long way in guiding your decisions as well as making it easy for you to explain your mission statement.

  • Pick out what specific cause or issue you want to address;
  • Define who you will target or help reach particular goals;
  • List down both what people should do within a short period and what they should achieve in the long term perspective;
  • Write a captivating mission statement.

Step 2: Name Your Nonprofit in Georgia

Naming a business in Georgia has a handful of regulations. If you start a corporation or an LLC in Georgia, you must follow those regulations to name your nonprofit. The most important rule is to check if the name is available in Georgia to use.

If you’re forming an LLC in Georgia for your nonprofit organization, check out LLC naming guidelines in Georgia. For the corporation regulations, read on how to start a corporation in Georgia. As soon as the name is decided, you can reserve it with the Georgia Secretary of State. You can also file DBA in Georgia before you establish your nonprofit organization. DBA can be filed in two methods, by mail and in person. The DBA filing fee in Georgia is $172.

  • Online DBA Filing: There is no online filing available
  • Offline DBA Filing: For filing offline, you must send the downloaded PDF form or drop it off in person at the Clerk of Superior Court, Attention: Recording Division, 136 Pryor St. SW, Atlanta, GA 30303
  • DBA Renew Time in Georgia: Indefinite

Step 3: Appoint Initial Board Members

If you’re forming a corporation for your Georgia nonprofit, it is required to appoint the initial board members. In Georgia, you need at least One unrelated directors to start the organization. If you don’t choose a minimum of One directors, it will automatically become a member-managed corporation.

Step 4: Get Georgia Registered Agent

This is a very important step for any business in Georgia. The Registered Agent in Georgia is a person who conducts all types of documentation between the State and your nonprofit organization. The Registered Agent must be from Georgia, above 18 years of age, and must have legal rights to conduct business in the state. Several professional and business formation services offer registered agent services in all the states in the USA. It is better to hire a professional rather than being your own Registered Agent in Georgia.

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Step 5: File Articles of Incorporation with Georgia SOS

This is the most important step in forming a nonprofit corporation in Georgia. File your Articles of Incorporation with the Georgia Secretary of State. You can file your nonprofit corporation through three ways, online, by mail and in-person. Submit the details of your nonprofit corporation, like the name of the nonprofit, address, name and address of the registered agent, operation dates, directors’ details, and more information related to your company.

  • Online Incorporation: Get the online form from Secretary of State, fill it up, and submit. Don’t refresh the page during the process. It will erase everything.
  • Offline Incorporation: Send the form by mail or drop it off to Corporations Division, 2 Martin Luther King Jr. Dr. SE, Suite 313 West Tower, Atlanta, Georgia 30334.
  • Incorporation Fee in Georgia: $100 for filing online and $110 for filing it by mail and in person

Hiring a professional service might be a wise idea here. Having a corporation is much more complex than forming an LLC. We recommend ZenBusiness as they are one of the top business service providers currently. They offer LLC formation at $0 in Georgia.

Step 5.1: Write Company Bylaws

As soon as you file the formation documents, it is time for the company bylaws. The directors and board members must decide how the meetings, elections, voting, and other corporate activities will be held. These bylaws must comply with the Georgia state law. It is similar to an LLC operating agreement in Georgia for the LLC owners.

Step 6: Get an EIN in Georgia

The next step is to obtain the EIN in Georgia. The employer identification number (EIN) is required to conduct business in Georgia. You will need to acquire the Georgia EIN from the official IRS website. To obtain the EIN, submit your application to the IRS office either by mail or through their online platform. There is no associated cost for this process.

Step 7: Tax Exemptions for Your Nonprofit

When you start a nonprofit in Georgia, you enjoy tax exemptions. As the nonprofits are not profit-oriented, they get a huge tax exemption from Federal and State authorities.

Federal Tax Exemption

You must submit Form 1023 to the IRS to file for federal tax exemption. This form, titled “Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code,” is required for all nonprofit corporations. Smaller nonprofits have the option to file Form 1023-EZ instead. You will be prompted to provide details about your organization upon obtaining the relevant form. Complete the form with the necessary information and submit it. The filing fees are $600 for Form 1023 and $275 for Form 1023-EZ.

State Tax Exemption

Once you get the Federal Tax Exempt, it is time for State Tax Exempt. In Georgia, you must apply for the tax exemption to the Georgia Department of Revenue. Get the form, fill it up with the correct details, and send it to the office. You may need to pay a fee along with the form and supportive documents to apply for the State Tax Exemption. You need an Exemption Certificate to apply for the state tax exemption. Read Georgia classification of taxes to learn more about the Georgia tax structure.

Can I form an LLC for my Nonprofit in Georgia?

Yes, you can form an LLC in Georgia to run a nonprofit. Establishing an LLC nonprofit in Georgia requires similar documents and paperwork. Except for tax exemption applications that one must file with the state tax and revenue department. LLCs must file Form 1023 with the Georgia Department of Revenue to get the tax exemption.

After You Form a Nonprofit Corporation in Georgia

Once your nonprofit is formed, there are additional steps to complete:

  • Get necessary licenses: As soon as your corporation or an LLC for your Nonprofit in Georgia will be established, get necessary licenses and permits. Check with the local authority/government to get the local permits.
  • Get Insurance for the Georgia Nonprofit: You must get workers’ compensation and unemployment insurance if you have employees. Based on your nonprofit structure, you might need general liability insurance, property, vehicle, auto insurance, etc.
  • Get a Business Bank Account: You must get a business account for all types of business-related transactions in Georgia. You may need different documents based on the bank and place of business. Check with the bank for it.
  • File Nonprofit as Charity: This is optional. Your nonprofit is either for charity purposes or any purpose that meets your community’s needs. If your organization is for charity purposes, then you can file your nonprofit as a charity to enjoy tax exemptions.
  • Other Business Compliances: You may need additional compliances based on your nonprofit type. Check with your attorney or local authority for more information.
  • Evaluating And Improving Performance: To evaluate the performance of your non-profit organization, it is necessary to; establish performance metrics also tied to the mission; and implement continuous improvement strategies.
  • Staying Current With Nonprofit Trends And Best Practices: To stay up-to-date on trends and best practices in the non-profit world you should join nonprofit associations plus networks.

Common Challenges And How To Address Them

  • Funding Sustainability

For funding sustainability issues you need to focus on diversifying funding sources and developing strong relationships with donors. Also, implementing efficient financial management, exploring earned income opportunities for sustainability, and such should be on focus.

  • Volunteer Management

The challenges faced in volunteer management can be resolved by creating clear roles plus expectations for volunteers, and providing adequate training also support. Recognize and appreciate volunteer contributions while implementing volunteer retention strategies such as offering regular appreciation events or awards. Provide trainers’ placement services too.

  • Mission Drift

This problem can be solved by several mechanisms such as regular review and reaffirmation of your organizational mission–this will ensure that all activities are aligned with the core purpose. Educate board members and staff about the importance of the mission and make them understand how this works out in practice. Implement a strategic planning process and explain to the board why it is important for their organizations to have a well-defined mission.

  • Regulatory Compliance

To remain compliant with the law, you need to: keep track of changing laws and regulations all the time; conduct regular compliance audits; seek professional advice when in doubt; and implement comprehensive record-keeping systems.

Names of Nonprofit Corporations in Georgia

Following are some of the Nonprofit Organizations in Georgia. The contact information of these organizations can be found on Georgia Secretary of State portal.

  • Sober Living America Inc.
  • Horse Rescue Relief and Retirement Fund Inc.
  • International Topical Steroid Awareness Network (ITSAN)
  • Metro Atlanta Recovery Residences Inc.
  • Next Generation Focus Inc.
  • Frankie and Andy’s Place
  • Healing4Heroes™ Inc.
  • Lindsey’s Place

FAQs

What is the process for incorporating a nonprofit in Georgia?
The process for incorporating a nonprofit in Georgia involves filing Articles of Incorporation with the Georgia Secretary of State.
Do I need to have a physical address in Georgia to start a nonprofit there?
Yes, a nonprofit must have a physical address in Georgia in order to operate there.
Are there any specific requirements for setting up a board of directors for a nonprofit in Georgia?
Yes, in Georgia, a nonprofit must have at least three directors on its board.
Is it necessary to register as a charity with the state of Georgia in order to fundraise?
Yes, any nonprofit that wants to solicit charitable contributions in Georgia must register as a charity with the state.
What are some common mistakes to avoid when starting a nonprofit in Georgia?
Some common mistakes to avoid when starting a nonprofit in Georgia include not properly understanding compliance requirements and not having a clear mission statement.
Can I start a nonprofit in Georgia if I am not a resident of the state?
Yes, you do not need to be a resident of Georgia to start a nonprofit there.
How long does it typically take to receive tax-exempt status for a nonprofit in Georgia?
It can vary, but it typically takes several months to receive tax-exempt status for a nonprofit in Georgia.
Are there any specific funding sources available for nonprofits in Georgia?
There are various funding sources available for nonprofits in Georgia, including grants from state agencies and foundations.
Do nonprofits in Georgia have to file annual reports with the state?
Yes, nonprofits in Georgia are required to file annual reports with the Georgia Secretary of State.
What is the difference between a 501(c)(3) nonprofit and other types of nonprofits in Georgia?
A 501(c)(3) nonprofit is a specific type of tax-exempt organization that is eligible to receive tax-deductible contributions.
What steps do I need to take to start a nonprofit in Georgia?
To start a nonprofit in Georgia, you will need to file articles of incorporation with the Secretary of State, obtain an Employer Identification Number (EIN) from the IRS, and apply for tax-exempt status.
How long does it take to start a nonprofit in Georgia?
The timeline for starting a nonprofit in Georgia can vary, but it typically takes several months to complete all the necessary steps.
Do I need to have a board of directors to start a nonprofit in Georgia?
Yes, Georgia law requires that nonprofits have a board of directors with at least three members.
What is the process for filing articles of incorporation in Georgia?
The process for filing articles of incorporation in Georgia involves submitting the necessary paperwork to the Secretary of State, including the organization’s name, purpose, and registered agent.
Can I apply for tax-exempt status in Georgia before filing articles of incorporation?
No, in Georgia, you must first file articles of incorporation before applying for tax-exempt status.
How much does it cost to start a nonprofit in Georgia?
The cost of starting a nonprofit in Georgia can vary, but it typically includes a filing fee for articles of incorporation and any legal or administrative fees.
Are there specific requirements for the bylaws of a nonprofit in Georgia?
Yes, Georgia law requires that the bylaws of a nonprofit in Georgia include certain provisions related to the organization’s structure and operation.
How do I choose a name for my nonprofit in Georgia?
When choosing a name for your nonprofit in Georgia, it is important to ensure that the name is not already in use by another organization and complies with Georgia’s naming regulations.
Do I need to register my nonprofit in Georgia if I am operating as a national organization?
Yes, if you plan to operate a nonprofit in Georgia, even as a national organization, you must register with the Georgia Secretary of State’s office.
What is the difference between a nonprofit and a for-profit corporation in Georgia?
The main difference between a nonprofit and a for-profit corporation in Georgia is that a nonprofit is organized for a charitable or social purpose and cannot distribute profits to individuals, while a for-profit corporation is established to generate profits for its owners.
Can a nonprofit in Georgia pay its employees a salary?
Yes, nonprofits in Georgia can pay their employees a salary, but compensation should be reasonable and in line with industry standards.
Are there specific fundraising regulations for nonprofits in Georgia?
Yes, nonprofits in Georgia are subject to specific fundraising regulations, such as the requirement to register with the Georgia Secretary of State’s office before conducting fundraising activities.
What are the reporting requirements for nonprofits in Georgia?
Nonprofits in Georgia are required to file an annual report with the Georgia Secretary of State’s office, as well as any other reports required by state and federal agencies.
Can a nonprofit in Georgia engage in political activities?
Yes, nonprofits in Georgia can engage in some political activities, but they must comply with strict regulations governing lobbying, endorsements, and campaign contributions.
How can I find resources and support for starting a nonprofit in Georgia?
There are a variety of resources available for individuals starting a nonprofit in Georgia, including local nonprofit associations, legal clinics, and online guides.
What types of tax returns do nonprofits in Georgia need to file?
Nonprofits in Georgia must file an annual Form 990 with the IRS, as well as any state-specific tax returns required by the Georgia Department of Revenue.
Can a nonprofit in Georgia operate programs in other states?
Yes, nonprofits in Georgia can operate programs in other states, but they may need to register as a foreign nonprofit in those states and comply with their fundraising and reporting requirements.
Are there specific insurance requirements for nonprofits in Georgia?
The insurance requirements for nonprofits in Georgia can vary, but most organizations will need to carry general liability insurance and possibly property insurance.
Can a nonprofit in Georgia have paid staff and volunteers?
Yes, nonprofits in Georgia can have paid staff and volunteers, but they must follow all relevant employment and volunteer laws.
How can a nonprofit in Georgia receive funding?
Nonprofits in Georgia can receive funding through grants, donations, fundraisers, and fee-for-service programs.

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In Conclusion

Starting a Nonprofit corporation in the Georgia takes careful thought, dedication, and detailing. Follow the steps detailed in this guide while addressing common challenges so that your organization can be built on solid ground and make a long-lasting impact on your cause. Remember also that running a nonprofit organization in Georgia is a perpetual learning, adapting, and growing process.

As you continue your journey, you may need professional help. Having a professional or experienced person, or attorneys while you run your nonprofit in Georgia can make the journey much simpler in the long run. Since forming a nonprofit involves tax exemptions, the government takes additional care to verify your background.

Donations, charity, and several community services are the most desirable ways to evade tax. Hence, many people get involved in nonprofit organizations. It is recommended to consult a legal professional, accountants, and service providers like ZenBusiness for the paperwork and formation process. With persistence, passion, and proper management structure everything is possible hence changing positively your community as far as Non-Profit corporations are concerned.

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