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Am I in compliance with state nonprofit laws ?

Use this chart to see if you are in compliance with regulations for nonprofits in South Carolina. This checklist is not intended to serve as a complete review of compliance. For further review, check with the SC Secretary of State, SC Department of Revenue or call your accountant or attorney.
 

Have you... Who has to do this? How and when?
Filed a Form 990 or a 990 PF with the IRS?

Any organization exempt from federal income tax under section 501(c)(3) with annual gross receipts of $25,000 or more.
All private foundations.
File the form with the IRS within 4 1/2 months after the close of the fiscal year each year.
Call the IRS (877-829-5500) or see www.irs.gov for details.
Applied for a charitable registration statement?
Any charitable organization that intends to solicit contributions within South Carolina OR intends to have contributions solicited on its behalf UNLESS it falls under a statutory exemption.  To see these exemptions, see Title 33, Chapter 56, Section 50 of the SC Code.
File with the Secretary of State within 4 1/2 months after the close of the fiscal year.
See S.C. Code Ann. Section33-56-30, 50 (Supp. 1997).
Filed a report of financial activities?
Any charitable organization registered with the Secretary of State's office to solicit funds must file a financial report.
File with the Secretary of State within 4 1/2 months after the close of the fiscal year.
See S.C. Code Ann. Section 33-56-50, 60 (Supp. 1997).
Filed agreements with professional fundraising counselors or solicitors?
Any charitable organization which has a contract or agreement with a professional fundraising counselor or a professional solicitor.
File with the Secretary of State at least 10 days before any solicitation activity begins.
See S.C. Code Ann. Section 33-56-70(Supp. 1997).
Submitted financial statements?
Any corporation who receives a written demand from the Attorney General for its latest financial statements.
File with the Secretary of State per the written request.
See S.C. Code Ann. Section 33-31-1620(Supp. 1997).
Filed a tax return?
Any 501(c)(3) with taxable unrelated business income.
File with the Department of Revenue on the appropriate due date for corporations.
Filed an information return?
Any nonprofit which pays $800 or more in rent, salaries, wages or emoluments.
File with the Department of Revenue on or before the 15th day of the 3rd month of the taxable year.
See S.C. Code Ann. Section 12-6-4950(Supp. 1997).
Applied for property tax exemption?
Certain nonprofits making retail sales.
Sales tax is due on items purchased for your own use.
Organizations should file first for property tax exemption, then sales tax exemption.
Applications generally filed with the Department of Revenue, unless no application is required.
See S.C. Code Ann. Section 12-4-720(a)(3), 60 (Supp. 1997).
Applied for sales tax exemption?
Certain nonprofits making retail sales.
Sales tax is due on items purchased for your own use.
File application form ST-387 with the Department of Revenue.
See S.C. Code Ann. Section 12-36-2120 (41)(Supp. 1997).

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