Starting a nonprofit in Texas follows the same two milestones as anywhere else, forming a state corporation and getting federal 501(c)(3) status, but Texas has its own incorporation form and a separate tax-exemption step with the state Comptroller. Here is the order Texas founders should follow.
The Texas-specific steps
- File a Certificate of Formation for a Nonprofit Corporation (Form 202) with the Texas Secretary of State, including the IRS-required charitable purpose and dissolution language. The state filing fee is $25.
- Be ready for the Periodic Report. Texas does not require an annual report; the Secretary of State requests a Periodic Report only occasionally, no more than once every four years, for a $5 fee.
- Get your federal EIN from the IRS. It is free, and you need it before you can apply for tax-exempt status.
- Adopt bylaws and a conflict of interest policy that carry the same charitable purpose and dissolution language as your incorporation documents.
- Apply for federal 501(c)(3) status using Form 1023-EZ or the full Form 1023.
- Apply for Texas tax exemption with the Texas Comptroller of Public Accounts using Form AP-205, attaching your IRS determination letter. One application covers both state franchise tax and sales and use tax.
- Check solicitation rules (usually nothing to file). Texas is one of the few states with no general charitable solicitation registration, so most 501(c)(3)s do not register with the state before fundraising.
Texas fees and timelines
Texas keeps startup costs low: the Certificate of Formation fee is $25, and the occasional Periodic Report is $5. Your main costs are the federal IRS user fee ($275 for the 1023-EZ or $600 for the full Form 1023) and any professional help. Because state fees and forms change, confirm current amounts with the Texas Secretary of State and Comptroller before filing.
A note on accuracy
State requirements and fees change over time. Use this as a roadmap, then verify current forms and amounts with Texas's official agencies, or let us confirm them with you on a free call.
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Explore 501(c)(3) Filing →The federal step is the same everywhere
Once your Texas corporation exists and you have an EIN, the federal 501(c)(3) application is identical to any other state. Most small nonprofits file the 1023-EZ; see our 1023 vs 1023-EZ guide to confirm which fits. For the complete national process, read our step-by-step guide to starting a nonprofit, and our cost breakdown for every fee.
Starting a nonprofit in another state?
The federal steps are the same in all 50 states; only the state incorporation, tax exemption, and charitable registration details differ. See our guides for Florida, New York, Georgia, or browse all our guides. Not sure where to start? Book a free call and we will map the exact steps and current fees for your state.