Kansas State Filing Requirements
Non-profits in Kansas must comply with specific state filing requirements to maintain their legal status and tax exemptions.
Required Non-profit Forms
Non-profits in Kansas are required to complete several forms as part of their compliance obligations.
| Secretary of State Forms | Department of Revenue Forms | Federal Forms (Required for State Compliance) |
|---|---|---|
|
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:
- File Articles of Incorporation
Submit to the Kansas Secretary of State to legally form your non-profit. - Obtain EIN
Required by the IRS for banking, tax exemption, and operations. - Adopt Bylaws
Internal governance rules kept at the organization’s office. - 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. - Register with Kansas DOR
File Kansas Business Tax Application (Form CR-16) - Register as a Charity
Required if soliciting donations from the public. - File Annual Reports
Due to the Secretary of State by the 15th day of the sixth month after your tax year ends.
Tax Exemption Requirements
- 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 Incorporation | Due by the 15th day of the fourth month after the close of the fiscal year, every other year (biennially), not annually |
| Annual Reports | Due by June 15th of their respective odd or even year. |
| Charitable Organization Registration Statement for Solicitations | Within 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 Series | Due 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-EZ | Must be filed within 27 months of incorporation to receive retroactive exemption to the date of incorporation |
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.
