*Updated as of May 2023*

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If you have a passion for serving your community and want to make a positive impact, starting a nonprofit corporation in Tennessee may be the perfect way to do so. Nonprofits play a crucial role in addressing various social, environmental, and cultural issues. This guide will provide you with a step-by-step process and helpful tips on how to start a nonprofit corporation in Tennessee in 2023.

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What is a nonprofit corporation?

A nonprofit corporation is a legal entity that operates for the benefit of the public, with a specific mission to address particular community needs. Unlike for-profit corporations, nonprofit organizations do not distribute profits to owners or shareholders but reinvest them back into the organization to fulfill its charitable goals.

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Step 1: Develop Your Mission and Vision

Before starting a nonprofit, identifying your mission and vision is of utmost importance. Consider the social cause you want to address and the long-term impact you wish to create. Define your organization's purpose, objectives, and the community you aim to serve. Crafting a concise and compelling mission statement will guide your organization's operations and help you secure support from the community.

Step 2: Conduct a Needs Assessment and Research

Thoroughly research the social or community issue that your nonprofit aims to address. Identify existing organizations and initiatives tackling similar problems to understand the current landscape. Assess the gaps in services or areas where you can make a unique contribution. This research will help you create a niche for your organization and develop effective strategies to achieve your goals.

Step 3: Build a Strong Board of Directors

A dedicated and diverse board of directors is vital for the success of any nonprofit corporation. Recruit individuals who are passionate about your cause and possess skills or expertise that will benefit the organization. In Tennessee, a nonprofit corporation needs at least three directors who are 18 years or older.

Ensure that board members understand their roles and responsibilities, including overseeing financial management, strategic planning, and fundraising efforts. Regular board meetings should be held to ensure transparency, effective decision-making, and alignment with the organization's vision.

Step 4: Establish Your Nonprofit's Business Structure

Selecting the appropriate legal structure for your nonprofit is crucial. In Tennessee, common options include becoming an unincorporated association, charitable trust, or most commonly, a nonprofit corporation. Incorporating your nonprofit provides additional legal protection and credibility, making it the preferred choice for most organizations.

To establish a nonprofit corporation in Tennessee, you need to file the necessary documents with the Tennessee Secretary of State's office. This includes completing Articles of Incorporation, which must contain specific information such as the organization's name, purpose, registered agent, and dissolution clause. The Tennessee Secretary of State's website provides detailed instructions and all the required forms.

Step 5: Apply for Federal and State Tax Exemptions

As a nonprofit corporation, your organization may be eligible for tax-exempt status at both the federal and state levels. To qualify for federal tax-exemption, you must apply for recognition of exemption under Section 501(c)(3) of the Internal Revenue Code. The IRS provides Form 1023 or the streamlined Form 1023-EZ for smaller organizations to attain tax-exempt status.

Additionally, you must apply for state tax exemptions in Tennessee. Contact the Tennessee Department of Revenue to understand and comply with the state's requirements. This usually involves filing the necessary forms, providing organizational documents, and demonstrating compliance with the state's regulations for tax-exempt organizations.

Step 6: Develop Bylaws and Policies

To ensure smooth and consistent operations, it is essential to create clear bylaws that outline your nonprofit's internal governance structure, decision-making processes, and operational procedures. Consult legal counsel familiar with nonprofit law to draft these bylaws.

Additionally, establish policies and procedures related to financial management, conflict of interest, fundraising, and accounting practices. These policies will help your nonprofit conform to legal requirements and ensure accountability and transparency in your organization's activities.

Step 7: Register for State Licenses and Permits

Depending on the activities and services your nonprofit provides, you may need to obtain certain licenses or permits in Tennessee. Research and determine the specific licenses and permits required for your organization and apply accordingly. Contact local authorities or consult professionals to ensure compliance with all necessary regulations.

Step 8: Develop a Fundraising Plan

Funding is crucial for the sustainability of your nonprofit. Develop a comprehensive fundraising plan that outlines the various strategies you will utilize to generate funds. This could include grant applications, donor solicitation, fundraising events, corporate sponsorships, and crowdfunding campaigns. Utilize networks, social media, and various marketing techniques to raise awareness about your cause and attract financial support.

Step 9: Register for Charitable Solicitation

In Tennessee, if your nonprofit plans to solicit donations from the public, you must register with the Division of Charitable Solicitations and Gaming. This registration ensures transparency and protects the public from potential scams. Obtain the necessary forms and submit all required information to comply with Tennessee's regulations regarding soliciting donations.

Step 10: Establish Financial Management Systems

Setting up effective financial management systems is crucial for the transparency and accountability of your nonprofit organization. Ensure accurate bookkeeping, regular financial reporting, and adherence to state and federal reporting requirements. Consider utilizing accounting software specifically designed for nonprofits to streamline your financial operations.

Starting a nonprofit corporation in Tennessee requires patience, dedication, and commitment. By following these ten essential steps and seeking professional guidance when needed, you can lay a strong foundation for your nonprofit's success. Your impact and contributions to your community will truly make a difference in the years to come. Best of luck on your nonprofit journey!

References:

- Tennessee Secretary of State: [Nonprofit Corporations]

- Tennessee Department of Revenue: [Sales and Use Tax Collection Requirement Matrix for Nonprofit Organizations]

- Internal Revenue Service: [Tax Information for Charitable Organizations]

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