Easy Steps To Protect Your Missouri Nonprofit and Keep Your Nonprofit Compliant

As with any other business, there may be risks involved in running the nonprofit. Getting insurance for your nonprofit allows you to focus on your passion while minimizing your liability.

Here are some of the common types of insurance you may want to consider for your organization:

• General Liability Coverage
• Directors and Officers Coverage
• Social Service Professional Coverage

Your coverage needs will vary based on your organization and the work you do.

There will be times when you will be signing a document on behalf of your nonprofit. It is important that these times are easily distinguishable from when you are signing a document as an individual. If a document isn’t properly signed, you might suddenly find yourself personally responsible for something the organization should have been liable for.

To avoid such confusion we recommend you and all the members of your organization follow the following format:

• The official name of your nonprofit
• Your signature
• Your full legal name
• Your position in the organization

Nonprofits that have incorporated are required to maintain a registered agent with an office address in Missouri.

If the agent or the office address changes, you must file Form Corp.59 with the Secretary of State to effect a change to the certificate of formation. This form can also be filled out online.

Mail paper forms to the address found below:

Corporations Division
P.O. Box 778 / 600 W. Main St., Rm. 322
Jefferson City, MO 65102

Each year, the secretary of state requires all nonprofits to submit a Corporate Registration Report by August 31st of each year. This registration report can be submitted online.

NOTE: Failure to file a requested report may result in the termination of the corporation.

As a nonprofit in the state of Missouri, your organization will not need a general business license.

If your organization will be conducting charitable gaming of any kind, it will need a gaming license issued by the Missouri Gaming Commission.

If your nonprofit is a charity, and it will be soliciting charitable contributions, you will need to register with the Missouri Attorney General using the initial registration statement.

Mail this statement to the address found below:

Missouri Attorney General's Office
Attention: Registration Specialist
PO Box 899
Jefferson City, MO 65102

For more information, you can call the Attorney General's Office at (573) 751-3321 or visit their website.

If your organization will have employees you must register with the Missouri Department of Social Services.

You can easily register online or contact the New Hire Reporting department at 1-888-663-6751.

For more information from the Department of Revenue, you can call (573) 751-5860, visit their website, or use their mailing address below:

Missouri Department of Revenue
Taxation Division
P.O. Box 357
Jefferson City, MO 65015-0357

For more information from the Department of Labor, you can call (573) 751-3340, visit their website, or use their mailing address below:

Missouri Department of Labor
421 East Dunkin Street
P.O. Box 59
Jefferson City, MO 65102-0059

All organizations that have been granted the 501(c)(3) status are required to disclose the following documents to the public when requested:

• Annual returns for 3 years after the due date (this includes returns like Form 990, 990-EZ, 990-PF, and any Forms 990-T)
• All Form 990 Schedules (except portions of Schedule B), attachments and supporting documents.
• Application of exemption and all supporting documents such as Form 1023
• The official paperwork from the IRS that shows that your organization has tax-exempt status.

The following do NOT need to be shared with the public

• Portions of schedule B of Form 990/990-EZ that identify the contributors. (You only need to disclose the amount contributed and the nature of the contributions)
• Any unfavorable rulings such as an earlier denial of tax-exempt status.
• Any information the IRS has said you can withhold. This may include things like sensitive patents and trade secrets.

FAQ:

How long do I have to produce these documents if requested?

Ideally within the same day. If your organization doesn’t have an office or maintains limited hours during parts of the year, the information should be made available within two weeks.

Do I need to provide copies of the documents?

If someone asks for copies in person or in writing you must provide them with copies.

Can I charge for copies?

You can charge a reasonable amount for making copies of the documents requested.

NOTE: It may be easiest to have the documents available on your website so that anyone who requests copies can be sent to the site. This allows you to stay compliant without having to spend a lot of time dealing with document requests.

Most tax-exempt nonprofit organizations are required to file an annual return with the IRS (Check the list of exceptions).

Which form you should use to file the annual returns depends on the annual gross receipt amounts for your organization.

"Gross receipt" is defined by the IRS as “the total amounts the organization received from all sources during its annual accounting period, without subtracting any costs or expenses”

• For gross receipts ≤$50,000 --- File 990-N
• Gross receipts <$200,000 and total assets <$500,000 --- File 990- EZ
• Gross receipts >$200,000 or Total assets >$500,000 --- File 990

For any questions, you can call the IRS at

• (800) 829-3676 (Form-related questions)
• (800) 829-1040 (General information)

When is form 990 due?

You have a little over 4 months after your taxable year comes to an end to file Form 990. It is due on the 15th day of the 5th month. So if your taxable year ends on Dec 31st, your form 990 is due on May 15th.

NOTE: If your organization fails to file form 990 for 3 consecutive years, it will automatically lose its tax-exempt status.

If your Missouri organization has a gross income of ≥$1000 from a trade or business that is not related to the stated purpose of the organization, then it must file Form 990-T to pay tax on that income.

IRS - Information for Charities & Nonprofits
IRS - Required Provisions for Organizing Documents
IRS - 990 Series for Tax-Exempt Organizations
IRS - Applying for Tax-Exempt Status
IRS - 501(c)(3) Compliance Guide
Small Business Administration - License and Permits
Missouri Secretary of State - Starting a Business
Missouri Secretary of State - Nonprofit Forms
Missouri Secretary of State - Online Business Filings
Missouri Secretary of State - Online Business Filing Guide
Missouri Department of Revenue - Nonprofit Maintenance
Missouri Attorney General - Charitable Fundraising
Missouri Department of Social Services
Missouri Department of Social Services - New Hire Reporting
Missouri Department of Labor - New Employer Checklist
State of Missouri Nonprofit Corporation Law