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Maine State Filing Requirements

Operating a nonprofit in Maine involves adhering to specific state filing requirements to maintain good standing.

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Required Non-profit Forms

Here are the key forms required for non-profits in Maine, along with links to where you can find them:

Secretary of State FormsAttorney General 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

Nonprofits in Maine must fulfil several filing obligations, including initial registration, annual reporting, and adherence to specific regulations.

The primary requirements include:

  1. Initial Registration
    Nonprofits must incorporate and obtain a Certificate of Formation from the Maine Secretary of State
  2. Application for Tax Exemption
    After incorporation, organizations seeking 501(c)(3) status must file Form 1023 or 1023-EZ with the IRS.
  3. State Tax Exemption
    Once federal exemption is secured, organizations must apply for Maine state tax exemption.
  4. Solicitation Licensing
    Nonprofits soliciting contributions from Maine residents may need to register with the Maine Department of Professional and Financial Regulation.
  5. Annual Report
    All nonprofit corporations must file an annual report with the Maine Secretary of State.
State Filing Requirements for Non-Profits

Filing Deadlines for Non-Profit Forms

Staying on top of filing deadlines is crucial to avoid penalties and maintain your organization's good standing.

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

Secretary of State Deadlines
Articles of IncorporationDue by June 1st of each year.
Application for Reservation of NameValid for 120 days from the date of filing
Articles of DissolutionDue after a statement of intent to dissolve has been filed, and the corporation is dissolved upon the effective date of those articles.
Attorney General Forms Deadline
Annual ReportDue by June 1st of each year.
Department of Revenue Forms
Form ST-7 - Maine Sales and Use Tax ReturnAlmost always due the 15th day of the month following the reporting period
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 Maine, the registration process involves several steps:

Initial Registration

1. Incorporation

File Articles of Incorporation ($40 fee) with the Maine Secretary of State

2. Appoint a Registered Agent

You must designate a registered agent located in Maine to receive legal and official documents on behalf of your non-profit. This can be an individual resident, or a business entity authorized to do business in Maine. The registered agent must have a physical street address in Maine.

3. Obtain an EIN

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

4. Federal Tax Exemption (IRS)

Obtaining 501(c)(3) status is crucial. File Form 1023 or Form 1023-EZ with the IRS.

After receiving the exemption, you must file Form 990 annually (or Form 990-N if your gross receipts are typically $50,000 or less). Failure to file for 3 consecutive years will automatically revoke your 501(c)(3) status.

5. Register for Charitable Solicitation

File Form 1023 or Form 1023-EZ with the IRS.

If your organization will solicit donations, register with both the Maine Secretary of State and the Maine Attorney General before beginning any fundraising activities

Annual Filing Requirements

1. Annual Report Filing

  1. File the Annual Report with the Maine Secretary of State by June 1st.
  2. Maintain accurate records and update any changes in your organization's information.
  3. If applicable, file any necessary state tax forms.

2. Charitable Solicitation Renewal

Registered charitable organizations must file an annual renewal form with the Attorney General each year. This renewal typically requires updated information about the organization's activities, finances, and board members.

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Frequently Asked Questions

1. Are all nonprofits required to register for charitable solicitation?

Only nonprofits soliciting donations from Maine residents must register with the Maine Attorney General’s Office.

2. Do I need a registered agent in Maine?

Yes, all nonprofits in Maine must have a registered agent with a physical address in the state.

3. What happens if I don't file the Annual Report on time?

Late filings will incur a penalty fee. Failure to file can lead to the administrative dissolution of the nonprofit by the Secretary of State.

4. Where can I find the most up-to-date information on Maine nonprofit filing requirements?

The Maine Secretary of State's Bureau of Corporations, Elections & Commissions and the Maine Revenue Services websites are the official sources.

5. Do I need to register to solicit donations online if I have no physical presence in Maine?

It depends on the level of solicitation. Generally, if you are actively targeting Maine residents with your solicitations, registration is required.