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Mississippi State Filing Requirements

Nonprofits in Mississippi must comply with specific state requirements to maintain their good standing and tax-exempt status.

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Required Non-profit Forms

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

Mississippi Secretary of State FormsMississippi Department of Revenue FormsFederal Forms (Required for State Compliance)
  • Articles of Incorporation
  • Charity Online Registration - via portal
  • 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

Mississippi, like all states, has specific regulations for nonprofits to ensure transparency and accountability. These requirements generally encompass two main phases: initial registration and ongoing annual filings.

The key entities you'll interact with are the Mississippi Secretary of State and the Mississippi Department of Revenue.

To establish a nonprofit corporation in Mississippi, organizations must:

  1. Incorporation: To operate as a legal entity, a nonprofit must incorporate with the Mississippi Secretary of State. This involves filing Articles of Incorporation.
  2. Obtain an EIN: A Federal Employer Identification Number (EIN) is a unique nine-digit number assigned by the IRS to identify business entities operating in the United States. This number is essential for non-profit organizations as it is required to apply for federal tax-exempt status under Section 501(c)(3), to open a bank account in the organization's name, and to hire employees.
  3. Federal Tax Exemption (501(c)(3)): While not strictly a state requirement, obtaining 501(c)(3) status from the IRS is crucial for most nonprofits to be eligible for federal tax exemptions and receive tax-deductible donations. This process is independent of state filings.
  4. Mississippi Sales Tax Exemption: Many Mississippi nonprofits will want to apply for an exemption from sales tax. This is accomplished through the Department of Revenue.
  5. Solicitation Registration (if applicable): If your nonprofit intends to solicit donations from the public in Mississippi, you may need to register with the Secretary of State's office. This requirement typically applies to organizations that raise a certain amount of money annually.
  6. Annual Reporting:
    Mississippi nonprofits must file an annual report with the Secretary of State to maintain their good standing.
State Filing Requirements for Non-Profits

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 Mississippi:

Mississippi Secretary of State Deadline
Articles of IncorporationBefore establishing the non-profit entity
Charitable RegistrationMust be filed before any solicitation activities begin in Mississippi.
Annual ReportMust be filed by May 15th of each year.
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 Mississippi, organizations must file the Articles of Corporation with the Secretary of the State and pay the $50 filing fee.

Initial Registration

1. Initial Registration

The first crucial step in forming a non-profit is to legally incorporate the entity with the Mississippi Secretary of State. Submit the Articles of Incorporation and the required filing fee to the Mississippi Secretary of State.

This document must include essential information about the organization, such as the name of the corporation, the address of its registered office and the name of its registered agent, and the name and address of the incorporator(s).

2. Initial Organizational Meeting

After the Articles of Incorporation are filed and the non-profit is legally formed, the next step typically involves holding an initial organizational meeting of the board of directors. During this meeting, the initial directors are formally installed, officers are elected, and important foundational documents such as the organization's bylaws are adopted.

3. Appointing a Registered Agent

Every Mississippi non-profit corporation is required to have a registered agent. This agent serves as the official point of contact for receiving legal and official notices from the state on behalf of the organization.

4. Obtaining an EIN

After incorporating with the state, you will need to obtain an Employer Identification Number (EIN) from the IRS.

This number is essential for non-profit organizations as it is required to apply for federal tax-exempt status under Section 501(c)(3), to open a bank account in the organization's name, and to hire employees. You can apply for an EIN online through the IRS website.

5. Charitable Organization Registration

This is required if soliciting or accepting donations. Submit registration form to Secretary of State's Charities Division, and pay registration fee ($50 for organizations with annual revenue under $500,000).

Annual Filing Requirements

1. Filing Annual Report

After initial registration, non-profits must file an annual report to renew their charitable registration. This is usually done online and includes updated financial information, board member details, and any organizational changes.

Failing to file the annual report can result in administrative dissolution or suspension of your organization’s ability to solicit contributions in the state.

2. Application for Sales Tax Exemption

Certain non-profit organizations may be eligible for an exemption from Mississippi sales tax on their purchases.

This exemption is typically granted to organizations that are organized and operated exclusively for charitable, religious, or educational purposes and have obtained federal tax-exempt status under Section 501(c)(3) of the Internal Revenue Code.

3. Filing IRS Form 990

Tax-exempt organizations must file the appropriate IRS Form 990 series return annually with the Internal Revenue Service. The deadline is generally the 15th day of the 5th month after the end of your fiscal year.

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Frequently Asked Questions

1. Does Mississippi require state tax exemption for non-profits?

If your organization is federally tax-exempt under IRS 501(c)(3), Mississippi generally recognizes this status for state income tax purposes. However, if your organization wishes to seek sales tax exemption, you must apply separately with the Mississippi Department of Revenue.

2. How do I reinstate my nonprofit if it was administratively dissolved?

To reinstate your administratively dissolved Mississippi nonprofit, you need to file an "Application for Reinstatement Following Administrative Dissolution" with the Mississippi Secretary of State, pay any fees and penalties, and obtain a tax clearance certificate from the Mississippi Department of Revenue.

3. If my non-profit is registered in another state, do I need to register in Mississippi?

Yes, if your non-profit registered in another state intends to solicit donations or conduct business in Mississippi, it needs to register with the Mississippi Secretary of State's Securities and Charities Division, and potentially with the Mississippi State Tax Commission.

4. Are there different requirements for different types of non-profits?

Yes, requirements vary based on organization type. For example, religious organizations, educational institutions, and hospitals may have specific exemptions or additional requirements.

5. What are the primary responsibilities and obligations of individuals serving on the board of directors of a Mississippi non-profit?

While not explicitly detailed in the provided snippets, generally, the responsibilities of non-profit board members include overseeing the organization's mission and finances, ensuring legal and ethical compliance, participating in strategic planning and fundraising efforts, and providing overall governance and leadership to the organization.