Florida Dept. of Revenue Nonprofit Organizations (2024)

Nonprofit Organizations

Nonprofit organizations may qualify for exemption from some Florida taxes. Each tax is separate and distinct and has its own requirements. As a result, exemption from one tax does not necessarily exempt the organization from all taxes and not all Florida tax exemptions require the organization obtain a federal tax-exempt status.

Nonprofit Organizations and Corporate Income Tax

Tax-exempt organizations that have "unrelated trade or business income" for federal income tax purposes are subject to Florida corporate income tax and must file either the Florida Corporate Income/Franchise Tax Return (Form F-1120 Florida Dept. of Revenue Nonprofit Organizations (1)) or the Florida Corporate Short Form Income Tax Return (Form F-1120A).

Any nonprofit or tax-exempt organization, including a private foundation, exempt from Federal Income Tax under I.R.C. s. 501(a) and described in I.R.C. s. 501(c) is required to file Form F-1120 only when:

  • the organization has "unrelated trade or business taxable income" according to I.R.C. s. 512, or
  • it is filing Form 990T with the Internal Revenue Service.

An organization required to apply for a "determination letter" to be exempt under I.R.C. s. 501(a) that has not timely filed such application as required by I.R.C. Reg. s. 1.508-1 or has received an adverse determination will not be considered a tax-exempt organization. The organization is subject to Florida corporate income tax and required to file a Form F-1120 unless it receives a retroactively effective determination letter. If the Internal Revenue Service determines the organization was not exempt from federal income tax for any period, the organization will be required to file Form F-1120 or Form F-1120X pursuant to Section 220.23, F.S.

Visit the Department's Corporate Income Tax webpage for additional information.

Nonprofit Organizations and Reemployment Tax

A nonprofit organization is liable for reemployment tax if it employs four or more workers for any portion of a day in 20 different calendar weeks during the current or preceding calendar year. Churches and church schools are exempt from this liability. For purposes of the Florida Reemployment Assistance Program Law, a nonprofit organization is defined in Section 3306(c)(8) of the Federal Unemployment Tax Act and Section 501(c)(3) of the Internal Revenue Code (IRC).

Nonprofit organizations have the option of being contributing employers or reimbursing employers. A contributing employer submits quarterly reports and tax due by applying their tax rate to the taxable wages they have paid each quarter. A reimbursing employer is one who must pay the Unemployment Compensation Trust Fund on a dollar-for-dollar basis for the benefits paid to its former employees. The reimbursing employer is billed quarterly for reimbursem*nt of benefits paid in the prior quarter. Regardless of the method of payment, all employers must submit wage reports each quarter. If an employer chooses to change the method of paying, it must sign a special election form and stay with the chosen method for at least two years. More information is available in the Employer Guide to Reemployment Tax (RT-800002) and Information for Nonprofit Organizations (RTS-1C) bulletin.

Visit the Department's Reemployment Tax webpage for additional information.

Nonprofit Organizations and Sales and Use Tax

Florida law grants certain nonprofit organizations specific exemptions from Florida sales and use tax. To be eligible for the exemption, nonprofit organizations must obtain a Florida Consumer’s Certificate of Exemption from the Florida Department of Revenue. Learn more...

Other Florida Requirements

Florida Department of Agriculture and Consumer Services (DACS) - Division of Consumer Services

Call 800-435-7352 (Florida only) or 850-410-3800, or visit the DACS website.

Charitable organizations or sponsors intending to solicit contributions from the public in Florida must annually register with the Division of Consumer Services. Access the required forms on the DACS website. See Chapter 496, F.S.

Florida Department of State (DOS) - Division of Corporations

Call 850-245-6052, or visit the Division of Corporations website.

Download the Florida Department of State, Division of Corporations, Florida Not for Profit Corporation Act Florida Dept. of Revenue Nonprofit Organizations (2) booklet, which contains all necessary forms and instructions that must be filed by not-for-profit organizations in Florida.

Florida Department of Transportation (DOT) - State Maintenance Office

Call 866-374-3368 ext. 5757, or visit the DOT website.

Not-for-profit organizations intending to solicit contributions from the public at Florida highway rest stops can find permit information at the FDOT One-Stop Permitting website.

Internal Revenue Service (IRS)

Call 877-829-5500, or visit the IRS website.

Exemptions provided by Section 501(a), Internal Revenue Code Publication 557, Tax-Exempt Status for Your Organization, describes the various types of organizations that may qualify for federal tax exempt status and the forms needed to file. To request recognition from the IRS for tax exempt status as defined under Section 501(a), complete federal Form 1023. To ask the IRS for a determination letter clarifying your organization's filing obligations, complete federal Form 1024.

Florida Dept. of Revenue 
                        
            
            Nonprofit Organizations (2024)

FAQs

Florida Dept. of Revenue Nonprofit Organizations? ›

Prospective donors should contact the FDACS toll-free hotline at 1-800-HELP-FLA (435-7352) or use our online Check-A-Charity tool to verify registration and financial information.

How do I check non-profit status in Florida? ›

Prospective donors should contact the FDACS toll-free hotline at 1-800-HELP-FLA (435-7352) or use our online Check-A-Charity tool to verify registration and financial information.

Who oversees nonprofits in Florida? ›

All charities soliciting within the state of Florida (excluding religious, educational, political and governmental agencies) are required to register and file financial information with the Florida Department of Agriculture and Consumer Services (FDACS).

Do non profits pay property taxes in Florida? ›

Non-Profit Property Tax Exemptions

The organization must file an original application for exemption with the Property Appraiser's office on or before March 1st. The organizations must fit certain definitions and meet criteria of Chapter 196 of the Florida Statutes, such as: Must have legal title on January 1st.

Do nonprofits have to charge sales tax Florida? ›

Nonprofit Organizations and Sales and Use Tax

Florida law grants certain nonprofit organizations specific exemptions from Florida sales and use tax. To be eligible for the exemption, nonprofit organizations must obtain a Florida Consumer's Certificate of Exemption from the Florida Department of Revenue.

How do you check if a nonprofit is legit? ›

How to Check Nonprofit Status – 6 Best Ways
  1. Ask the charity.
  2. Internal Revenue Service (IRS)
  3. GuideStar.
  4. Charity Navigator.
  5. Better Business Bureau's Wise Charity Alliance (BBB)
  6. Checking a church status.
Dec 3, 2022

How do I find non profit financial reports? ›

Our 990 Finder, GuideStar, Economic Research Institute, ProPublica or the National Center for Charitable Statistics are free tools to access information nonprofits report to the IRS. Secretary of State or other agency that monitors charities.

Who controls money in a nonprofit? ›

The nonprofit corporation generally owns assets of the business and is entitled to receive the revenue from its operation. Many nonprofits are managed by boards, others may be managed by voting members, some are managed by a combination of those.

Who holds final control of a nonprofit organization? ›

Governance responsibility is vested in the board of directors or trustees. These individuals are accountable to state and federal authorities to ensure the organization operates in a legally compliant manner and for the purposes outlined at formation. Also, a nonprofit cannot be sold.

Who are nonprofits accountable to? ›

In the nonprofit sector, organizations are meant to be accountable to their boards, donors, community partners, staff members, grantees, and volunteers.

What is the difference between a non profit and a not for profit in Florida? ›

Nonprofits run like a business and try to earn a profit, which does not support any single member; not-for-profits are considered “recreational organizations” that do not operate with the business goal of earning revenue.

Do 501c3 pay sales tax in Florida? ›

501(c)(3) Charitable Organizations

Purchases and leases of items or services by, and rentals or leases of real property and living or sleeping accommodations to, a nonprofit organization used in carrying out the organization's customary nonprofit activities are exempt.

Who is exempt from paying property taxes in Florida? ›

Property Tax Exemptions and Additional Benefits

Further benefits are available to property owners with disabilities, senior citizens, veterans and active duty military service members, disabled first responders, and properties with specialized uses.

Do nonprofits pay local taxes? ›

Nonprofits are also exempt from paying sales tax and property tax. While the income of a nonprofit organization may not be subject to federal taxes, nonprofit organizations do pay employee taxes (Social Security and Medicare) just like any for-profit company.

Who is tax exempt in Florida? ›

Florida law grants governmental entities, including states, counties, municipalities, and political subdivisions (e.g., school districts or municipal libraries), an exemption from Florida sales and use tax.

Are nonprofits allowed to make a profit if so then what are they allowed to do with any profit made? ›

Myth: Nonprofits can't earn a profit

The key difference between nonprofits and for-profits is that a nonprofit organization cannot distribute its profits to any private individual (although nonprofits may pay reasonable compensation to those providing services).

How do I get a 501c3 status in Florida? ›

The steps to form a 501(c)(3) nonprofit corporation in Florida.
  1. Choose directors for your nonprofit.
  2. Choose a name for your nonprofit.
  3. Appoint a registered agent.
  4. File Florida nonprofit Articles of Incorporation.
  5. Prepare nonprofit bylaws.
  6. Hold a meeting of your board of directors.

How long does it take to register a nonprofit in Florida? ›

Prepare and File Articles of Incorporation
Agency:Florida Department of State - Division of Corporations
Form:Non-Profit Articles of Incorporation
Filing Method:Mail or online.
Agency Fee:$35 filing fee + $35 designation of registered agent fee = $70 state fee
Turnaround:~1-3 days online. ~8-17 days by mail
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What is a Florida not for profit corporation? ›

(5) “Corporation not for profit” means a corporation no part of the income or profit of which is distributable to its members, directors, or officers, except as otherwise provided under this chapter. (6) “Department” means the Department of State.

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