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Hawaii State Filing Requirements
To maintain status and to operate legally, Hawaii non-profits must adhere to specific state filing requirements.
Required Non-profit Forms
Non-profits in Hawaii are required to complete several forms as part of their compliance obligations.
| Department of Commerce and Consumer Affairs (DCCA) Forms | State Forms | Federal Forms (Required for State Compliance) |
|---|---|---|
|
|
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State Filing Requirements for Non-Profits
Non-profit organizations in Hawaii must comply with several regulations to maintain their tax-exempt status and operate legally.
Hawaii nonprofits are primarily regulated by the Hawaii Department of Commerce and Consumer Affairs (DCCA), the Business Registration Division, and the Hawaii Department of Taxation (DOTAX).
Key requirements include:
- Filing Articles of Incorporation with the DCCA
This establishes the legal existence of the nonprofit corporation. - Filing annual reports with the DCCA
This keeps the state updated on the organization's activities and status. - Charitable Registration
Required registration with the Hawaii Attorney General's office if soliciting charitable contributions. - Obtaining necessary tax exemptions
This includes applying for federal tax-exempt status (501(c)(3), etc.) with the IRS and subsequently applying for state tax exemptions. - State Employment Requirements
Compliance with state employment laws is important if the organization has employees. - Filing Form 990
Required for federal tax reporting based on gross receipts.
Filing Deadlines for Non-Profit Forms
Staying on top of deadlines is crucial for non-profits to avoid penalties or loss of good standing.
Below are the key deadlines for non-profit filings in Hawaii:
| Form | Deadline |
|---|---|
| Articles of Incorporation | This must be filed before establishing a non-profit entity. |
| Annual Report | Due annually by the end of the calendar quarter following the close of the organization's fiscal year. |
| Charitable Organization Registration | This must be filed before soliciting any contributions and renewed annually. |
| Form N-70NP | Due on or before the 20th day of the 4th month after the fiscal year-end |
| IRS Form 990 | Due by the 15th day of the 5th month after the fiscal year ends. Small organizations (gross receipts ≤ $50,000) must file Form 990-N by the 15th day of the 5th month. |
Registration & Annual Filing (Non-Profits)
To operate legally as a non-profit in Hawaii, organizations must register with the DCCA by submitting their
Articles of Incorporation along with a $25 filing fee.
Initial Registration
- Choose the organization name and verify the availability
- File Articles of Incorporation
- Obtain a Federal Employer Identification Number (EIN)
- Register with the Attorney General if soliciting contributions
- Apply for a GET license
- Register for state employment accounts if hiring employees
Annual Filing Requirements
Nonprofits must file an Annual Report annually with the DCCA to maintain their good standing.
- Annual Compliance Requirements
- File an annual report with DCCA
- Submit an annual financial report to the Attorney General
- File GET returns
- Maintain registered agent in Hawaii
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Frequently Asked Questions
1. Do all non-profits need to register with the Attorney General?
2. Do I need to register with the DCCA if I'm already a 501(c)(3)?
3. Are there any specific requirements for foreign (out-of-state) nonprofits operating in Hawaii?
4. What happens if a non-profit fails to file the Hawaii annual report on time?
5. Why do we need a GET license if we're tax-exempt?
About TaxZerone®
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