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A nonprofit is an entity or association created to promote and maintain the well-being and greater good of a community, in which profits (or surplus) are directed towards the business and mission rather than divided among the owners and shareholders. Nonprofits are often tax exempt. There are several different types of nonprofits, each with its own purpose, structure, regulations and limitations, and tax implications.

Advantages:

• Registering as a nonprofit protects your personal assets from lawsuits and creditor claims. It also protects your trustees, officers and volunteers.
• Hawaii nonprofits are usually exempt from federal tax on any income that's related to your organization's exempt purposes.
• Your nonprofit may automatically receive Hawaii's state tax exemption.
• Some sales and purchases are exempt from the general excise tax (GET).
• Your nonprofit may qualify to receive public and private grant money.

Disadvantages:

• Because your nonprofit is not owned by you or your shareholders, you won't have individual control and autonomy over your organization.
• More paperwork is involved, such as creating bylaws, and recording and maintaining meeting minutes.
• You'll need time and money to apply for the federal tax exemption, and you'll need an accountant or legal professional to help you operate your nonprofit.
• Your nonprofit's finances are subject to public inspection.
• Fundraising activities are outside the organization's stated exempt purpose and are subject to the GET.

Starting your nonprofit in Hawaii doesn’t have to be a complicated process. Here are a few simple steps:

1. Doing research. Is your nonprofit serving a mission in the community? And do you have the means to maintain it?
2. Making your case. Write your mission statement, think about a name, select your directors carefully.
3. Filing. Rocket Lawyer can help you with this step!

Although they’re used interchangeably, a 501(c)(3) and a nonprofit are not the same thing. 

A nonprofit is an organization that meets the requirements of its state law. While most people think of nonprofits as charitable organizations, states recognize many types of nonprofits, including many that do not perform charitable activities. Insurance companies, industry-specific professional societies, homeowners' associations, and social clubs are just a few examples of nonprofits that are not necessarily 501(c)(3) organizations. 

A 501(c)(3) organization, on the other hand, is an additional application on a federal level. It’s a nonprofit organization that is exempt from most state and federal income tax because it applied for recognition as exempt from tax under section 501(c)(3) of the Internal Revenue Code. A 501(c)(3) organization must operate for exempt purposes. The exempt purpose must be charitable, scientific, educational, religious, literary, public safety, amateur sports competition, or the prevention of cruelty to children or animals.

In addition to 501(c)(3), the IRS recognizes 26 other types of nonprofit organizations. The most familiar type is charitable organizations. Others include:

• 501(c)(4) Civic League, Social Welfare Organization, or Local Employee Association.
• 501(c)(5) Labor, Agricultural and Horticultural.
• 501(c)(6) Trade or Professional Association.
• 501(c)(7) Social or Recreational Club.
• 501(c)(8) Fraternal Societies.
• 501(c)(9) Employee Beneficiary Association.
• 501(c)(12) Local Benevolent Life Insurance Associations, Mutual Irrigation and Telephone Companies, and Like Organizations.
• 501(c)(14) State Chartered Credit Union and Mutual Reserve Fund.
• 501(c)(19) Veterans Organizations.
• 501(c)(29) CO-OP Health Insurance Issuers.

• Articles of Incorporation. Your Articles must be filed with the Hawaii Department of Commerce and Consumer Affairs' Business Registration Division.
• Name reservation request form.
• Incorporator's statement.
• Bylaws.
• IRS Form 1023: Application for Recognition of Exemption.
• Form SS-4: Application for employer identification number.
• IRS determination letter.
• Form G-6: Application for Exemption from the Payment of General Excise Taxes (GET).
• IRS Form 990.
• Registration with the Hawaii State Attorney General's Charity Resource Office, after you receive donations.

Fees for registering a nonprofit can differ from county to county and even specific times of the year. Some fees may also be dependent on how much the nonprofit is expected to earn or has earned in previous years. 

There are a few fees that you may be charged when you register a Hawaii nonprofit. They include the following:

Hawaii state filing fees and processing times: 

• State fee: $26.
  • Fee to expedite your filing: $25.
• State processing time: 5-7 business days.
  • Expedited state processing time: 1-3 business days.
• Rocket Lawyer state filing fee: $0 $99.99.
  • First filing FREE* for RocketLegal+ members.
  • Get additional filings HALF OFF with RocketLegal+.

501C IRS filing fees and processing times

• IRS exemption-status fee: $275 for shorter applications or $600 for applications requiring more detailed information (including LLCs, organizations with higher income or value, foreign organizations, churches, schools, some healthcare organizations and some research organizations)
• IRS processing time: typically 6-12 months
  • Simple applications may be processed more quickly
• Rocket Lawyer IRS filing fee: $599 $1,199
  • RocketLegal+ members get HALF OFF

Note: The above state fees and processing times (including expedited processing fee and time) are provided as a summary and may or may not encompass various fees mandated by your state or local authorities. Your state may also change these fees and processing times over time and without notice. If you have questions, speak to a Rocket Lawyer representative to understand the costs and processing times that apply to your specific filing.

The Business Services team at Rocket Lawyer are pros when it comes to the requirements for registering a nonprofit and the steps and processes required to file in Hawaii. They can help you gather and file the necessary information quickly and at an affordable price. Rocket Legal+ members get their first business registration filing for free, paying only the state filing fees, and also get access to professional services for up to half off, including registered agent services, tax prep and filing, trademark registration, and more.

If your nonprofit does not have a physical address in Hawaii (P.O. boxes are not acceptable substitutions), you may be required to have a registered agent. Registered agents accept official and legal correspondence on behalf of your organization. While you are setting up your nonprofit, why not set up Rocket Lawyer as your registered agent at the same time? Better yet, if you have a Rocket Legal+ membership, you can save on your business registration and your registered agent services with the membership that pays for itself.

Businesses can save up to $2,500 per year with a Rocket Legal+™ membership. This calculation is based on total savings on an initial business registration and registered agent, trademark, and business tax filing services for Rocket Legal+ members (a total cost of $924.97) compared to Rocket Legal members (a total cost of $1,949.96). This is in addition to savings on the average cost of 5 hours for document preparation by a non-Rocket Lawyer network attorney at the average attorney hourly rate in the U.S. of $300 (an estimated cost of $1,500 when purchased without any form of Rocket Lawyer membership) compared to unlimited use of customizable business documents for both Rocket Legal+ and Rocket Legal members at no extra cost.

Yes. Find out more information about applying for grants on behalf of your nonprofit by visiting Hawaii's Department of the Attorney General’s website.

A mission statement clarifies your goals and explains how you plan to meet them. As a guideline, describe what, where, when, and how your nonprofit's purpose will be met, as well as who is going to help your nonprofit meet it. It may take a few tries to narrow your ambitions down into a workable plan.

Although you're creating a nonprofit because you want to give back to your community, you still have to meet certain requirements to protect yourself and to ensure that you achieve your organization's goals. When you create a mission statement, you can explain your organization's purpose. Consider what problem or issue your organization wants to address, then focus your statement on including the efforts and values that will guide your nonprofit to these goals.

After forming your Hawaii not-for-profit organization, you must follow specific guidelines to retain your status.

• Keep detailed records of all sources of income.
• File annual reports.
• Keep unrelated activities separate from your nonprofit activities, and pay separate taxes on them.
• Ensure that the time and resources spent on your nonprofit are related to your organization's exempt status.
• Maintain detailed records of meetings.
• When your nonprofit dissolves, make sure its assets are distributed to another tax-exempt group.
• Do not make loans to your directors or officers.
• Do not issue shares of stock or pay out dividends or other shares of income to members, directors or officers.

• Hawaii Alliance of Nonprofit Organizations: This site is a key link to resources for workshops and information on handling finances and achieving your organization's goals.
• Hawaii Department of Research & Development: This site offers funding and grant resources for energy, arts, culture and economic development.

If you are planning to operate in another state, you may need to register a nonprofit in that state. Rocket Lawyer can help you determine which states you should register in.

Other states may have their own rules for foreign nonprofits that originate in Hawaii or domestic nonprofits that also operate in Hawaii. Talk to an attorney to understand the legal and tax requirements for the state(s) in which you plan to operate.