Does Arizona Require Charitable Solicitation Registration?

Arizona does not require charitable solicitation registration for most nonprofits. The state repealed its general registration law in 2013, leaving only veterans’ organizations that solicit in the name of American veterans obligated to file with the Secretary of State. Everyone else can solicit donations from Arizona residents without registering, though the state’s anti-fraud statutes and federal tax-filing rules still apply.

What the 2013 Repeal Changed

Arizona once required charities, professional fundraisers, and solicitors to register under the Solicitation of Charitable Funds Act at A.R.S. § 44-6551 et seq. HB 2457 took effect on September 13, 2013 and repealed A.R.S. §§ 44-6552 through 44-6560, the sections that ran the registration system.1Arizona Legislature. Arizona HB 2457

Two pieces of the old statute survived: the definitions at § 44-6551 and the unlawful-acts section at § 44-6561. If you run a nonprofit or plan to fundraise from Arizona residents, you no longer file a registration statement with the Secretary of State. The office does not maintain a current database of charities and cannot investigate one; it directs the public to the Attorney General instead.2Arizona Secretary of State. Veterans Charities Organizations

Veterans’ Organizations Still Must Register

A.R.S. § 13-3722 makes it unlawful for a veterans’ organization to solicit money or other support in the name of American veterans without first filing a registration statement with the Secretary of State. Soliciting without that filing is a class 3 misdemeanor.

The filing itself is short. You submit the American Veteran’s Organization Registration Statement, a PDF available on the Secretary of State’s website, and attach a tax document from a prior year. The office accepts an IRS Form 990-EZ, the first two pages of a Form 990, or an IRS determination letter. There is no filing fee. Processing takes two to three weeks, and once accepted the registration remains valid until amended or cancelled, with no annual renewal. Filing is by mail or in person at the Phoenix or Tucson office.2Arizona Secretary of State. Veterans Charities Organizations

Deceptive Fundraising Is Still a Crime

The repeal removed paperwork, not enforcement. A.R.S. § 44-6561 prohibits misrepresenting how donated funds will be used, using another charity’s name without permission, and failing to disclose that a solicitor is being paid. A contracted fundraiser who knowingly violates the statute commits a class 6 felony. Anyone else who knowingly violates it commits a class 1 misdemeanor. The Attorney General can also seek a civil penalty of up to $1,000 per violation.3Arizona Legislature. Arizona Code 44-6561 – Unlawful Acts or Practices; Violation; Classification; Civil Penalty

The definition of a contracted fundraiser at § 44-6551 covers anyone who solicits for a charitable organization for profit, and excludes bona fide employees, volunteers, and professionals such as lawyers or investment advisors giving incidental advice.4Arizona Legislature. Arizona Code 44-6551 – Definitions Arizona’s broader Consumer Fraud Act at A.R.S. § 44-1522 gives the Attorney General a second route to pursue deceptive solicitations.

Where to Report a Suspected Fraud

With no registration database to consult, oversight runs through the Attorney General’s consumer protection division. State attorneys general have longstanding authority to investigate misuse of charitable assets, breaches of fiduciary duty, and fraudulent solicitations, and Arizona’s AG handles complaints about suspicious charities and fundraisers directly.2Arizona Secretary of State. Veterans Charities Organizations

Federal Filings That Still Apply

Skipping state registration does not skip the IRS. Tax-exempt organizations file an annual information return, usually Form 990 or Form 990-EZ, by the 15th day of the fifth month after the fiscal year ends. For calendar-year filers that means May 15, with an automatic six-month extension available through November 15. Organizations with gross receipts of $50,000 or less can file the shorter Form 990-N, which is not eligible for the extension.5Internal Revenue Service. Return Due Dates for Exempt Organizations: Annual Return

Missing three consecutive annual returns triggers automatic revocation of tax-exempt status, effective on the original due date of the third missed return. Reinstatement requires a new exemption application, and donations made to a revoked organization may not be deductible for donors in the meantime.6Internal Revenue Service. Automatic Revocation of Exemption

Tax-exempt organizations also have to make their Form 990, 990-EZ, or 990-PF available for public inspection for at least three years from the filing due date, including extensions. Schedules and attachments are included, though organizations other than private foundations do not have to disclose individual donors’ names and addresses.7Internal Revenue Service. Public Disclosure and Availability of Exempt Organization Returns and Applications: Public Disclosure Overview The IRS determination letter that granted exempt status is likewise subject to public inspection.8Internal Revenue Service.

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    Arizona Secretary of State. Veterans Charities Organizations
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    Internal Revenue Service. Automatic Revocation of Exemption
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    Internal Revenue Service.