Considerations and resources for groups deciding between starting a US-based 501(c)(3) nonprofit or using a fiscal sponsor (individuals are addressed separately)…
Most everything will require a federal Employer ID Number (EIN) even without staff. It’s the equivalent to the organization’s social security number and needed to obtain a bank account.
First Steps
Quick overview – actual order can vary:
- Choose the Name and Mission
- Choose the Board of Directors – at least three people and elect the three officers.
- Choose the Responsible Party – usually the founder or board officer. The organization set up will be connected to their Social Security Number.
- Choose the Business Structure – most common is corporation, even if small or no employees to start but there are limited options for Unincorporated Nonprofit Associations).
- Choose the State of Incorporation – sometimes the best option is NOT the state of operation. We recommend Delaware (using a registered agent for gov’t mail) for easy remote management and no annual audit requirement.
- Develop the Bylaws and Articles of Incorporation – and have your Board approve them.
- Register the Org – incorporate your organization at the state level.
- Apply for the Federal EIN – register online with the IRS to receive your federal Employer ID Number (EIN). It’s easy and takes about 15 minutes.
- Open the Bank Account – with at least two authorized users.
- Apply for Fiscal Sponsorship and/or 501c3 – overview of the application Form 1023.
Ongoing 501c3 Tasks
- Board meetings
- Annual reports to state and federal governments
- Annual 990 financial report to IRS (plus third-party CPA Audit or Review with certain revenue thresholds – varies by state). Audits often exceed $10,000 cost.
- State registrations to fundraise (required in up to 38 states)
- Liability and Directors & Officers (D&O) Insurance
- Payroll and HR (if hiring staff)
- Donor tax letters
Read More: IRS’s Lifecycle of a Public Charity page
Comparison (AI Generated)
Quick Comparison
| FACTOR | YOUR OWN 501(C)(3) | FISCAL SPONSOR PARTNERSHIP |
|---|---|---|
| Launch Speed | Several months for IRS approval | Weeks or less |
| Upfront Cost | Higher: filing (+legal/consulting?) | Lower or free |
| Ongoing Admin | You own all compliance | Shared/handled by sponsor (for a fee) |
| Control & Independence | Maximum independence | High but sponsor has oversight duties |
| Best For… | Long-term, staffed, stable orgs | New, short-term, or lean projects |
Option 1: Starting Your Own 501(c)(3)
What it means
- New legal entity: You form a nonprofit corporation, get an EIN, draft bylaws, and recruit a board.
- IRS recognition: You file Form 1023 or 1023-EZ and wait for a determination letter before donors get tax deductions.
- Full responsibility: You handle Form 990, state registrations, payroll, insurance, audits, and governance.
When a 501(c)(3) is usually the better fit
- You’re building something permanent. Multi-year vision Your work is meant to exist indefinitely, not just for a campaign or a short-term project.
- You expect meaningful, sustained revenue. Stable funding You’re planning for six figures or more annually, with diversified funding (donors, grants, contracts).
- You want full brand and governance independence. Your own board You need your own board, your own policies, and the ability to apply directly for grants that require an independent 501(c)(3).
- You’re ready for admin and compliance. Infrastructure capacity You (or your team) can realistically manage bookkeeping, reporting, HR, and legal obligations without burning out.
Option 2: Using a Fiscal Sponsor
What it means:
- You operate under another nonprofit’s 501(c)(3). Donors give to the sponsor, earmarked for your project; the sponsor handles receipting and compliance.
- Fast access to tax-deductible donations and grants. Setup can be days to weeks instead of months, which matters if you have a grant deadline or urgent community need.
- Admin support in exchange for a fee. Sponsors typically charge 5–15% of funds processed to cover accounting, compliance, and infrastructure.
When fiscal sponsorship is usually the better fit:
- You need to launch quickly. Time-sensitive work
There’s a campaign, crisis, or opportunity now—you can’t wait 6–12 months for IRS approval. - You want to focus on programs, not paperwork. Mission-first
You’d rather spend your energy on community work than on filings, audits, and registrations. - Your budget is modest or uncertain. Lean resources
You’re testing a concept, starting small, or unsure how much you’ll raise in the first 1–2 years. - Your project might be short-term or experimental. Pilot phase
You’re running a pilot, a time-bound initiative, or you’re still figuring out whether this should become a permanent organization.
Key Questions to Help You Decide
Use these as a gut-check. If you answer “yes” mostly in one column, that’s your likely path.
Mission & Timeline
- Is this work meant to exist for 10+ years?
- Is there a specific deadline (grant cycle, event, crisis) that requires you to be fundraising within weeks, not months?
Money & Scale
- Do you have (or realistically expect) stable, significant annual revenue?
- Can you afford legal, accounting, insurance, and compliance costs on top of program expenses?
Capacity & Appetite
- Do you have people who genuinely want to handle governance, HR, finance, and compliance?
- Would admin work energize you—or drain you?
Control & Identity
- Do you need full independence for branding, strategy, and grant applications?
- Are you comfortable with a sponsor having formal oversight and some decision rights over funds?
A Simple Decision Framework
- Choose fiscal sponsorship if:
- You need speed.
- You’re early-stage, experimental, short-term, or buying time until 501c3.
- You want to focus on mission while someone else carries the compliance load.
- Choose your own 501(c)(3) if:
- You’re building a long-term institution.
- You have or expect substantial, stable funding.
- You’re ready to own governance, risk, and infrastructure.