How to Start a Nonprofit in Illinois
Illinois has distinctive nonprofit requirements—including a unique 33-purpose selection requirement and mandatory charitable solicitation registration (even for religious organizations). Here's your comprehensive guide to forming an Illinois nonprofit.
Formation Requirements
Filing Office
The Illinois Secretary of State, Department of Business Services handles nonprofit incorporations. You can file online, by mail, or in person.
Filing Fees:
- Base filing fee: $50
- Processing fee: up to $4
- Expedited (24-hour processing): Additional $25
Processing Time: Standard processing takes about 10 business days. Online filing is recommended for faster processing.
The 33 Allowable Purposes Requirement
Illinois uniquely requires nonprofits to select from a list of 33 statutory purposes defined in 805 ILCS 105/103.05(a). Your Articles must explicitly state which purpose(s) apply. Qualifying purposes include:
- Charitable
- Educational
- Religious
- Scientific
- Literary
- Benevolent
- Fraternal
- And 26 others defined in statute
This requirement can be confusing for first-time incorporators. Your Articles must clearly identify which statutory purposes your organization will pursue.
Articles of Incorporation
File Form NFP 102.10 (Not-for-Profit Articles of Incorporation) with these required elements:
- Corporate name
- Selection of purposes from the 33 statutory list
- Names of 3-7 initial directors
- Registered office address in Illinois (physical, not P.O. box)
- Incorporator name and address
- 501(c)(3) purpose and dissolution language if seeking federal exemption
Critical Illinois Requirement: Within 15 days of receiving the Certificate of Incorporation from the Secretary of State, you must file a copy of both the Certificate and Articles with the Office of the Recorder of Deeds in the county where your registered office is located. This is an often-overlooked step that's legally required.
Name Requirements
Your name must be distinguishable from other registered Illinois organizations. No mandatory corporate designator is required (unlike many states), but including "Inc." or "Corp." helps clarify your nonprofit status.
Optional: Reserve your name for 90 days by filing Form NFP-104.10 ($25 fee).
Governance Requirements
Board of Directors
Illinois requires 3-7 directors initially (named in the Articles), but your board can expand through bylaws. Directors must be individuals 18 and older. No Illinois residency requirement.
Officers
Minimum required officers:
- President
- Secretary
- Treasurer
Additional officers (Vice President, etc.) are optional but common.
Registered Agent
You must appoint and maintain a registered agent who is an Illinois resident with an Illinois street address. This person receives legal documents on behalf of your organization. The address is public record.
Bylaws
Bylaws are required by law but not filed with the Secretary of State. Your bylaws should address:
- Board structure and composition
- Officer roles and election procedures
- Meeting frequency and notice requirements
- Voting procedures and quorum
- Conflict of interest policies
- Amendment procedures
- Committee structure
- Dissolution and asset distribution
Illinois Tax Exemption
State Income Tax
Automatic exemption upon federal 501(c)(3) approval. No separate Illinois state application required. Once the IRS approves your status, you're automatically exempt from Illinois corporate income tax.
Sales Tax Exemption
Illinois sales tax is 6.25% (plus local taxes). Sales tax exemption is NOT automatic with federal 501(c)(3) status.
Required: File Form STAX-1 (Application for Sales Tax Exemption) with the Illinois Department of Revenue.
Important Limitations:
- Processing takes up to 90 days
- Exemption is NOT retroactive (effective from approval date, not from your filing date)
- You must be organized and operated exclusively for charitable, religious, educational, or governmental purposes
- You must receive a Sales Tax Exemption Number (e-number)
Property Tax Exemption
Property tax exemption is available for religious, charitable, and educational organizations. Apply to the County Board of Review in the county where your property is located. The County Board reviews and forwards to the Illinois Department of Revenue for final decision. This is not automatic and requires separate application.
Annual Attorney General Report
All Illinois nonprofits must file Form AG990-IL with the Illinois Attorney General Charitable Trust and Solicitations Bureau within six months after the organization's fiscal year end.
Important: Form AG990-IL is BOTH the charitable solicitation renewal AND the annual report to the Attorney General. It's a single filing that serves dual purposes.
Ongoing Compliance
No Secretary of State Annual Report
Illinois nonprofits do NOT file annual reports with the Secretary of State (unlike most states). This is unusual but reduces your compliance burden at the state level.
Attorney General Annual Report (Form AG990-IL)
Due Date: Six months after fiscal year end
Fee: $15
Required Attachments:
- IRS Form 990 (or 990-EZ, 990-PF)
- Financial statements (reviewed if contributions $300K-$500K; audited if over $500K)
- Form IFC for each professional fundraiser campaign
Late Fee: $100 mandatory if filed late without requesting extension
Late Filing Extension: 60-day extension available if requested
Charitable Solicitation Registration
All nonprofits must register with the Illinois Attorney General unless exempt.
Exemptions:
- Religious organizations (but must apply for exemption; not automatic)
- Educational institutions (Illinois public universities, accredited schools)
- Libraries established under Illinois law
- Fraternal/alumni organizations soliciting only from members
- Veterans' organizations chartered under federal law
- Organizations receiving under $15,000 in contributions
Registration:
- Form CO-1 (Charitable Organization Registration Statement)
- Form CO-2 (Financial Information)
- Fee: $15
- Renewal: Annual with Form AG990-IL
Key Deadlines and Timeline
Formation Timeline:
- Verify name availability
- Prepare Articles of Incorporation (select 33 purposes)
- File with Secretary of State ($50 + $4 fee)
- Within 15 days: File with County Recorder of Deeds
- Establish bylaws and hold board meeting
- Obtain EIN from IRS
- Apply for 501(c)(3) status
Ongoing Annual Deadlines:
- 6 months after fiscal year end: Form AG990-IL to Attorney General ($15)
- Within 30 days of registration change: Notify Attorney General
- 15th of 5th month after fiscal year end: Form 990 to IRS
Important Considerations
County Recorder Filing is Easy to Miss: Remember the 15-day deadline to file with your county recorder. This is a frequently overlooked requirement that's legally required.
Religious Organizations Are Not Auto-Exempt: Unlike most states, Illinois does not automatically exempt religious organizations from charitable solicitation registration. Religious nonprofits must apply for exemption.
$100 Late Fee for AG Report: Missing the Form AG990-IL deadline without requesting extension results in a mandatory $100 late fee. This is a significant penalty. Always request extension if needed.
33 Purposes Requirement: Take time to carefully select from Illinois's 33 statutory purposes. This requirement is unique and easy to get wrong.
Sales Tax Exemption Not Retroactive: Sales tax exemption approval is not retroactive. You'll pay sales tax on purchases until your exemption is approved. Plan accordingly.
Dual Filing Reality: In Illinois, the Attorney General is your primary ongoing compliance agency, not the Secretary of State. You'll file your annual reports with the AG, not the SOS.
Illinois nonprofit formation involves specific requirements like the 33-purpose selection and mandatory charitable solicitation registration. However, the process is well-documented and manageable once you understand the state's unique requirements.
For expert guidance through Illinois's distinctive requirements, consider the Nonprofit Startup Navigator for hands-on consulting. Or explore the complete formation guide for self-service formation.
Questions about your specific situation? Schedule an Advisory Call with our Illinois nonprofit experts.