TLDR
Starting an Indiana nonprofit means filing Articles of Incorporation with the Indiana Secretary of State ($30 online), obtaining a federal EIN, applying to the IRS for 501(c)(3) recognition (Form 1023 at $600 or Form 1023-EZ at $275 if eligible), and registering for Indiana state tax exemptions through Form NP-20A with the Department of Revenue. Indiana does not require a general charitable solicitation registration — but professional fundraisers, paid solicitors, and gaming activities have separate registration regimes. Plan for an INBiz Business Entity Report every two years.
Why Indiana nonprofit formation is a four-track process
Forming a nonprofit in Indiana is not one filing — it is four parallel tracks. Each track has its own form, fee, and review timeline. Founders who treat formation as a single project plan the timeline backward from the IRS, since the federal determination letter is the long pole in the tent and gates almost everything else.
The four tracks are: state incorporation through the Indiana Secretary of State, federal employer identification through the IRS, federal tax-exempt recognition through IRS Form 1023 or 1023-EZ, and state-level tax registrations through the Indiana Department of Revenue. A fifth track — county property tax exemption — applies if the organization will hold real property.
Indiana is one of the more administratively friendly states for nonprofit formation. There is no general charitable solicitation registration, the incorporation fee is low ($30), and the state nonprofit application (Form NP-20A) is straightforward. The friction lives at the federal level.
Step 1: Indiana Articles of Incorporation through INBiz
Indiana Articles of Incorporation are filed online through INBiz, the Secretary of State’s business filings portal. The fee is $30, and routine filings are processed same-day to one business day.
The Articles must include:
- The corporate name (distinguishable from existing entities in the INBiz database)
- A statement that the corporation is a public benefit corporation, mutual benefit corporation, or religious corporation under Indiana Code 23-17
- The registered agent and registered office address in Indiana
- The names and addresses of the incorporators
- A statement of purpose — and this is where most rejections originate
For 501(c)(3) recognition, the IRS requires specific purpose, inurement, and dissolution language. The Indiana Secretary of State will accept Articles without this language, but the IRS will not grant 501(c)(3) status without it. Include the language at the state filing stage to avoid filing amendments later.
The required 501(c)(3) language
Three clauses must appear:
- A purpose clause limiting activities to those described in Section 501(c)(3) of the Internal Revenue Code
- A prohibition on private inurement and substantial lobbying or political activity
- A dissolution clause directing assets to another 501(c)(3) or to government for public purpose on wind-up
The IRS publishes sample language in Publication 557. Use it verbatim or close to it.
Step 2: Federal EIN and IRS Form 1023 or 1023-EZ
Apply for the Employer Identification Number through irs.gov immediately after incorporation. The online application issues the EIN at the end of the session. There is no fee.
The 501(c)(3) determination is the gating step. Two paths exist:
- Form 1023-EZ ($275): For organizations projecting under $50,000 in annual gross receipts for each of the next three years and under $250,000 in total assets. The Eligibility Worksheet has 30 questions; any disqualifying answer routes to the full form. Decisions in 2–4 weeks for clean filings.
- Form 1023 ($600): The full application. Required for churches, schools, hospitals, supporting organizations, and any organization above the EZ thresholds. Includes a narrative description of activities, three-year budget projections, board roster, conflict of interest policy, and bylaws. Decisions in 3–10 months.
The determination letter sets the effective date of tax-exempt status, which generally relates back to the date of incorporation if Form 1023 is filed within 27 months.
Step 3: Indiana Department of Revenue registrations
Once the IRS determination letter arrives, file Form NP-20A with the Indiana Department of Revenue to obtain state sales tax exemption status. Approval generates Form ST-105, the exemption certificate provided to vendors.
Indiana ended the annual NP-20 nonprofit return in 2022. The replacement is Form NP-20R, the five-year renewal. Calendar this five-year filing — missing it can result in revocation of state nonprofit registration.
If the organization will have employees, register for Indiana withholding tax (Form BT-1) and Indiana unemployment insurance through the Department of Workforce Development.
Step 4: Property tax and local registrations
Indiana property tax exemption is not automatic on 501(c)(3) recognition. File Form 136, Application for Property Tax Exemption, with the county assessor of each county where the organization owns real property. Filing deadline is April 1 of the relevant tax year.
Some Indiana cities and counties require additional local registrations for events, gaming, or use of public space. Check the city or county clerk’s office where the organization will operate.
Ongoing Indiana compliance calendar
| Filing | Frequency | Fee | Filed with |
|---|---|---|---|
| Business Entity Report | Every 2 years | $20 online | Indiana Secretary of State |
| Form 990 / 990-EZ / 990-N | Annual | $0 | IRS |
| Form NP-20R | Every 5 years | $0 | Indiana Department of Revenue |
| Form 136 (if owning property) | As needed | $0 | County assessor |
| Federal payroll filings (941) | Quarterly | $0 | IRS |
| Indiana withholding (WH-1) | As scheduled | $0 | Indiana Department of Revenue |
Use a single compliance calendar from day one. Compliance lapses — particularly the IRS Form 990 series — automatically revoke 501(c)(3) status after three consecutive missed years, and reinstatement is its own painful process.
What Indiana does not require
Indiana does not require a general charitable solicitation registration. Founders coming from states like California, New York, or Florida sometimes look for an equivalent and find none. What Indiana does regulate separately:
- Professional fundraisers and paid solicitors register with the Indiana Attorney General
- Charity gaming (raffles, bingo, charity poker) requires a license from the Indiana Gaming Commission
- Out-of-state solicitation triggers registration in those other states under their charitable solicitation laws
If the organization will operate exclusively within Indiana and not use professional fundraisers, the state-side compliance load is low compared to most states.
When to bring in professional help
Most founders can complete Indiana incorporation themselves through INBiz. Form 1023-EZ is also commonly self-filed. The full Form 1023 is where professional help most often pays back its cost — narrative drafting, budget projection, and conflict of interest policy review are the three areas where attorney or CPA review reduces IRS request-for-information cycles.
Budget $1,500–$5,000 for attorney-assisted full Form 1023 filings, depending on complexity. Compare against the cost of a 6–12 month delay if the IRS issues a deficiency letter on a self-filed application.
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Source: IRS Form 1023 and 1023-EZ instructions, October 2024 revision
Source: Indiana Secretary of State Business Services fee schedule
- Articles of Incorporation
- The founding document filed with the Indiana Secretary of State that creates a nonprofit corporation. Must include the corporation's name, purpose, registered agent, and required 501(c)(3) language about purpose limits and asset distribution on dissolution.
DEFINITION
- INBiz
- Indiana's online portal for business entity filings, operated by the Secretary of State. Used to file Articles of Incorporation, Business Entity Reports, and amendments.
DEFINITION
- Form NP-20A
- Indiana Department of Revenue's Nonprofit Application for state sales tax exemption. Filed once after the IRS issues 501(c)(3) recognition.
DEFINITION
- Form NP-20R
- Indiana Nonprofit Organization's Five-Year Renewal filed every five years with the Department of Revenue to maintain state nonprofit registration.
DEFINITION
“We see most first-time founders underestimate Form 1023 narrative requirements. The form expects a multi-year operating plan, board governance detail, and a coherent description of activities — it is not a fill-in-the-blanks form.”
“Indiana's NP-20A is one of the simpler state-level steps once the federal determination letter is in hand. The friction is almost always at the IRS stage, not the state stage.”
Q&A
What does the IRS Form 1023-EZ eligibility cutoff look like?
Form 1023-EZ is restricted to organizations projecting under $50,000 in annual gross receipts for each of the next three years and under $250,000 in total assets. Churches, schools, hospitals, and supporting organizations are excluded. The Eligibility Worksheet in the Form 1023-EZ instructions has 30 disqualifying questions; one yes answer means filing the full Form 1023.
Q&A
Does Indiana exempt nonprofits from property tax automatically?
No. Indiana property tax exemption requires a separate Form 136 Application for Property Tax Exemption filed with the county assessor. The exemption is not automatic upon 501(c)(3) recognition and must be filed by April 1 to apply to that tax year.
Q&A
Who needs to be on the founding board?
Indiana Code 23-17 requires at least three directors for a nonprofit corporation. Best practice for IRS recognition is a majority of unrelated directors, since the IRS scrutinizes related-party boards as a sign of private benefit risk.
Frequently asked