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Kansas State Filing Requirements

Non-profits in Kansas must comply with specific state filing requirements to maintain their legal status and tax exemptions.

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Required Non-profit Forms

Non-profits in Kansas are required to complete several forms as part of their compliance obligations.

Secretary of State FormsDepartment of Revenue FormsFederal Forms (Required for State Compliance)
  • Form 1023 (Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code): For most charitable organizations
  • Form 1024 (Application for Recognition of Exemption Under Section 501(a) or Section 521 of the Internal Revenue Code): For other types of nonprofits.
  • Form 990 (Return of Organization Exempt From Income Tax): Annual information return for tax-exempt organizations.

State Filing Requirements for Non-Profits

To operate legally as a non-profit in Kansas, your organization generally needs to fulfil the following key requirements:

  1. File Articles of Incorporation
    Submit to the Kansas Secretary of State to legally form your non-profit.
  2. Obtain EIN
    Required by the IRS for banking, tax exemption, and operations.
  3. Adopt Bylaws
    Internal governance rules kept at the organization’s office.
  4. Apply for Tax Exemptions
    File with the IRS for 501(c)(3) status; apply with the Kansas Department of Revenue for sales/use tax exemption.
  5. Register with Kansas DOR
    File Kansas Business Tax Application (Form CR-16)
  6. Register as a Charity
    Required if soliciting donations from the public.
  7. File Annual Reports
    Due to the Secretary of State by the 15th day of the sixth month after your tax year ends.
State Filing Requirements for Non-Profits

Tax Exemption Requirements

To maintain tax-exempt status in Kansas, organizations must:
  • Must have 501(c)(3) status from the IRS.
  • Must submit IRS letter, articles of incorporation, and bylaws.
  • Apply for a Kansas Sales Tax Exemption Certificate from the Kansas Department of Revenue.
  • Apply with the county appraiser in each county where property is located.
  • Exemption applies to purchases made directly by the nonprofit.

Filing Deadlines for Non-Profit Forms

Adhering to filing deadlines is essential to avoid penalties and maintain compliance.

Below are the key deadlines for non-profit filings in Kansas:

Secretary of State Deadlines
Articles of IncorporationDue by the 15th day of the fourth month after the close of the fiscal year, every other year (biennially), not annually
Annual ReportsDue by June 15th of their respective odd or even year.
Charitable Organization Registration Statement for SolicitationsWithin 30 days of starting charitable solicitation activities
Kansas Department of Revenue Deadlines
Kansas Business Tax Application (Form CR-16)This application should be filed relatively soon after the formation of your non-profit to handle state tax obligations.
Federal Deadlines
Form 990 SeriesDue on the 15th day of the 5th month after the organization's accounting period ends
Example: For calendar year organizations, Form 990 is due by May 15
Form 1023/1023-EZMust be filed within 27 months of incorporation to receive retroactive exemption to the date of incorporation
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Registration & Annual Filing (Non-Profits)

To operate legally as a non-profit in Kansas, the registration process involves several steps:

Initial Registration

1. Choose a Name

Ensure your organization's name is distinguishable from other registered businesses and includes a word or abbreviation indicating its non-profit status (e.g., "Association," "Corporation," "Inc.").

2. Appoint a Registered Agent

You must designate a registered agent located in Kansas to receive legal and official documents on behalf of your non-profit.

3. File Articles of Incorporation

Complete the Articles of Incorporation form with the required information, and file this form with the Kansas Secretary of State, along with the applicable filing fee (currently $20 for online or mail filing).

4. Obtain an EIN

Apply for an EIN from the IRS. This can be done online through the IRS website.

5. Apply for Tax Exemptions

Apply for federal tax-exempt status under Section 501(c)(3) of the Internal Revenue Code (if applicable) by filing Form 1023

Annual Filing Requirements

1. Biennial Information Report

File this report with the Kansas Secretary of State by June 15th of the appropriate year (odd or even, based on the formation year). This report keeps the state updated on your organization's key information.

2. Annual Registration with the Attorney General (for Charitable Organizations)

If your non-profit is registered to solicit donations, you will likely need to renew your registration annually with the Kansas Attorney General.

3. Maintain Compliance with IRS

File the annual Form 990 series (990, 990-EZ, 990-N, or 990-PF) with the IRS. Failure to do so for three consecutive years can result in automatic revocation of federal tax-exempt status.

4. Keep Corporate Records

Maintain proper corporate records, meeting minutes, and financial records as required by Kansas nonprofit corporation law.

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Frequently Asked Questions

1. Are churches required to register as charitable organizations in Kansas?

Churches and other religious organizations are generally exempt from the charitable solicitation registration requirement in Kansas. However, they must still file annual reports as non-profit corporations with the Secretary of State.

2. What is the deadline for filing the Biennial Information Report for Kansas non-profits?

For Kansas nonprofits, the deadline to file the Biennial Information Report is June 15th of the relevant year, depending on whether your organization was formed in an even or odd year.

3. What happens if a non-profit in Kansas misses the annual report filing deadline?

If a non-profit corporation fails to file its annual report by the deadline, it will be assessed a late fee. If the report remains unfiled for a significant period, the Secretary of State may administratively dissolve the corporation.

4. Are there any special requirements for out-of-state non-profits operating in Kansas?

Out-of-state nonprofits operating in Kansas must register as a "foreign nonprofit" with the Kansas State (.gov), obtain a certificate of good standing from their home state, and comply with Kansas's Charitable Organizations and Solicitations Act if soliciting donations.

5. Do I need a federal EIN to operate a non-profit in Kansas?

While the state doesn't explicitly require it for incorporation, you will likely need an EIN from the IRS to open a bank account, apply for federal tax exemption, and other essential operations.