Does your state's law require an independent audit?
You may wonder if your state's laws require a charitable nonprofit to conduct an independent audit.
- Remember that some private foundations may require or expect a nonprofit grantee to conduct an independent audit;
- A few states have laws that require nonprofits that receive a certain level of state funding to submit independent audits to the state agency that provided the funding or to other state agencies. If your nonprofit receives any government funds --state or federal -- it is always a good idea to determine whether there is an accompanying audit requirement.
- Some state government contractsmay require an audit; there is a federal requirement to conduct an independent audit if the nonprofit expends $750,000 or more in federal funds in a single year.
- Many states require charitable nonprofits to submit a copy of audited financial statements in conjunction with the process of registering the nonprofit so that it is able to lawfully engage in fundraising activities in that state [commonly known as "charitable registration"].
State laws regulating independent audits are different in each state.
The obligation to file an independent audit report with the state government is generally just one requirement among many in connection with charitable solicitation registration. Thirty-nine states [plus the District of Columbia] require charitable nonprofits to register with the state in order to fundraise in that state. Remember that state laws often differ from one another. Consequently, the laws that require a charitable nonprofit to submit audited financial statements also vary state-by-state.
- The majority of states have laws requiring charitable nonprofits to conduct an independent audit under certain circumstances. The requirement for a nonprofit to submit audited financial statements to the state is most often triggered by either the total revenue received by the charitable nonprofit during the fiscal year, or the total contributions received. In some states the threshold of contributions or income received that triggers the independent audit requirement is relatively low; in other states the threshold is higher.
- The majority of states also require annual submission of audited financial statements in connection with renewal of charitable registration.
- These requirements for both initial and annual submission of audited financial statements may not apply to your nonprofit even if it is operating in a state where audit requirements exist since the requirements depend on specific circumstances, such as the amount of revenue contributed or the annual gross income of the charitable nonprofit - such details are specified in each state's law.
This Nonprofit Audit Guide© provides links to the state laws that address auditsso that you can determine what your state requires. Remember that this chart only addresses state law requirements, and that your nonprofit may also be required to submit an independent audit report to private funders upon request, and will be subject to federal audit requirements if it expends more than $750,000 in federal funds in a single year. Some state government contracts may also include the requirement to conduct an independent audit.
Click on a state in the map below to find a link to the state law that governs audit requirements [if applicable] for charitable nonprofits in that state. In some cases we provide links to the language of state laws that require other reports be filed with the state, such as an "annual financial report." Remember that if your nonprofit is registering for charitable solicitation purposes in states other than its own, you should check the requirements for audits in those other states.
State Law Nonprofit Audit Requirements: 50-State Chart
[Updated as of August 2022]
Disclaimer: The National Council of Nonprofits is not engaged in the practice of law and this chart does not constitute legal advice. We encourage you to consult with legal, tax, or other professional advisors who can provide guidance for your charitable nonprofit’s individual circumstances. [For additional information on certain terms, hover your arrow over the blue "i" icon.]
Alabama
Audit Required: Nostate law requirement.
Statute and Description: Alabama Code § 13A-9-71
Alaska
Audit Required: Yes
Statute and Description:
Alaska Admin. Code 2.45.010 requires nonprofits that receive state financial assistance and expend a cumulative total equal to or greater than $750,000 during the entity's fiscal year to submit an annual single audit. Nonprofits receiving money from the state of Alaska that don’t meet the
requirements under 2 AAC 45.010 must submit an independent audit every two years. 7AAC 78.230. See Audit Guide and Compliance Supplement for State Single Audits.
Arizona
Audit Required:
No state law requirement.
Statute and Description: Ariz. Rev. Stat. § 10-11622
Arkansas
Audit Required: Yes
Statute and Description: Ark. Code
§4-28-403[b] | A charitable organization with gross annual revenue
California
Audit Required: Yes
Statute and Description: Cal. Gov. Code §12586[e][1] | A charitable corporation with gross annual
revenue
Colorado
Audit Required: No state law requirement.
Statute and Description: Colo. Rev. Stat. § 6-16-104
Connecticut
Audit Required: Yes
Statute and
Description:Conn. Gen. Stat. § 21a-190c[b] | A charitable organization with gross annual revenue
Delaware
Audit Required: No state law requirement
Statute and Description: Del. Code tit. 6 § 25-10
District of Columbia
Audit Required: No state law requirement.
Statute and Description: D.C. Code § 29
Florida
Audit Required: Yes
Statute and Description:
FL Ch. 496.407 requires audits for charitable organizations as follows: For those receiving annual contributions of $1 million or more an independent audit is required; for those with annual contributions of at least $500,000 but less than $1 million, the financial statements may be reviewed or
audited by an independent CPA, and for those with less than $500,000 in annual contributions, a compilation, audit, or review of the financial statement is optional.
Georgia
Audit Required: Yes
Statute and Description: Ga. Code Ann. § 43-17-5[b][4] | A charitable organization with contributions
over $1 million during its preceding fiscal year must file an audited financial statement prepared by an independent CPA. A charitable organization with contributions less than $1 million but more than $500,000 in its preceding fiscal year must have its financial statement reviewed by an independent CPA. Exceptions:
Ga. Code Ann. § 43-17-9
Hawai'i
Audit Required: Yes
Statute and Description: Haw. Rev. Stat. § 174: 467B-6.5[b] | A charitable organization required to obtain an audit report by a governmental authority or a third
party must file an audited financial statement prepared by an independent CPA. All other charitable organizations with gross revenue exceeding $500,000 in the year covered in the report are required to obtain an independent audit, however, "gross revenue" does not include grants or fees from government agencies or revenue derived from funds held in trust for the benefit of the organization.
Idaho
Audit Required: No state law
requirement.
Statute and Description: Idaho Code Ann. § 30-3-136
Illinois
Audit Required: Yes
Statute and Description: 225 Ill. Comp. Stat. § 460/4 | A charitable organization with annual
contributions
Indiana
Audit Required: "Examination" [similar to an audit] required in certain circumstances for the use of public
money.
Statute and Description: Indiana Code § 5-11-1-9 | Use of public money by certain entities, including nonprofits, requires an examination. A tentative waiver may be available for entities whose financial assistance disbursements are less than 50% of their total and nonprofits whose financial assistance disbursements are equal to or
greater than 50% but less than $750,000. See Guidelines for Examination of Entities Receiving Financial Assistance from Governmental Sources.
Iowa
Audit Required: No state law requirement.
Statute and Description:
Iowa Code § 504.1613
Kansas
Audit Required: Yes
Statute and Description: Kan. Stat. Ann. § 17-1763[c] | A charitable organization with
annual contributions over $500,000 must file an audited financial statement prepared by an independent CPA.
Kentucky
Audit Required: No state law requirement.
Statute and Description: Ky. Rev. Stat. Ann. § 14A.6-010 | [See also Ky Rev. Stat. Title XXIII § 273.470 re: entities organized for charitable purposes related to disasters; requirement for filing financial reports when contributions exceed $25,000].
Louisiana
Audit Required:Yes, in certain circumstances, if receiving state
funds.
Statute and Description:La. Rev. Stat. Ann. § 24:513[J][1][c] | A nonprofit that meets the definition of “quasi-public agency”
Maine
Audit Required: Yes
Statute and Description: A charitable organization must be licensed in Maine. The license application does not require an audited financial statement. However, the license must be renewed annually. Me. Rev. Stat. Ann. tit. 9 § 5004[4][C-D] A charitable organization is only
required to file an audited financial statement if the organization already has one in existence at the time of renewal or applies for renewal after the expiration date. Otherwise, the organization may file a balance sheet in lieu of an audited financial statement. Exceptions: Me. Rev. Stat. Ann. Title 9 § 5005
Maryland
Audit Required:
Yes
Statute and Description: MD Solicitations Act §6-402 [b][7] | A charitable organization must file an audited financial statement prepared by an independent CPA if the gross income from charitable contributions is at least $750,000. For organizations with gross annual contributions between $300,000-$750,000 financial statements must be reviewed or audited
by an independent CPA. See Annual Audits: State Requirements and Best Practices, Maryland Nonprofits, for more information.
Massachusetts
Audit Required: Yes
Statute and Description: Mass. Gen. Laws ch. 12, §
8F | A public charity with gross annual support and revenue
Michigan
Audit Required: Yes
Statute and Description:
Mich. Comp. Laws § 400.273 Sec 3[2][j] | A charitable organization with annual contributions of $500,000 or more must file an audited financial statement prepared by an independent CPA. A charitable organization with annual contributions less than $500,000 and at least $250,000 must file
a financial statement that is either reviewed or audited by an independent CPA.
Minnesota
Audit Required: Yes
Statute and Description: Minn. Stat. § 11.309.53[3] | A charitable
organization with total annual revenue
Mississippi
Audit Required: Yes
Statute and Description: Miss. Code Ann. § 79-11-507 | As part of its annual registration requirement [unless exempted per Miss. Code Ann. Section 79-11-505[1]], a charitable
organization with annual contributions between $250,000-$500,000 must file a financial statement reviewed or audited by an independent CPA when all of the solicitations and fund-raising functions are conducted solely by volunteers. The Secretary of State may require an audited financial statement prepared by an independent CPA if the organization’s annual revenue is at least $25,000. NOTE: Every charitable organization that uses a professional
solicitor
Missouri
Audit Required: No state law requirement.
Statute and Description: Mo. Rev. Stat. § 355.821.1
Montana
Audit Required: No state law requirement.
Statute and Description:
Mont. Code Ann. § 35-2-904
Nebraska
Audit Required: No state law requirement.
Statute and Description: Neb. Rev. Stat.§ 21-1903
Nevada
Audit
Required: No state law requirement.
Statute and Description: Nev. Rev. Stat. § 82.536
New Hampshire
Audit Required: Yes
Statute and Description: N.H. Rev. Stat. Ann. § 7:28[III-b] | A charitable
organization with revenue, gains, and other support of $2 million or more must file an audited financial statement prepared by an independent CPA; nonprofits receiving support of $500,000 or more must submit “the organization's latest financial statement prepared in accordance with generally accepted accounting principles.” Note: If compliance would constitute a financial burden, nonprofits may request an exemption, which, if granted, is valid for 3 years.
New Jersey
Audit Required: Yes
Statute and Description: N.J. P.L. 2021 c. 381 | An annual charities registration for a charitable organization with revenue, gains, and other support, but excluding non-monetary in-kind donations, of $1 million or more must be accompanied by an independent audit. For those with gross revenue between $25,000 and less than $1 million, the
financial statements must be certified by the organization's president or other authorized officer. [This law is new as of January 2022. Consult the NJ Center for Nonprofits for details.]
New Mexico
Audit Required: Yes
Statute and Description:
N.M. Stat. § 57-22-6 | A charitable organization that has revenue in excess of $500,000 "shall be audited by an independent auditor."
New York
Audit Required: Yes
Statute and Description: N.Y. EXC. Law 7A §
172-b| A charitable organization with gross annual revenue over $1,000,000 must file an audited financial statement prepared by an independent CPA. A charitable organization with gross annual revenue less than $250,000 must file a financial statement but it does not need to be one reviewed by an independent
CPA; organizations with gross annual revenue of between $250,000-$1,000,000 must file a financial review prepared by an auditor. Every charitable organization that uses a professional solicitor
North Carolina
Audit Required: Yes, in certain circumstances, if receiving state funds.
Statute and Description: N.C.G.S. 159-40 | A non-governmental entity that receives $500,000 or more annually in state
funds
North Dakota
Audit Required: No state law requirement.
Statute and Description: N.D. Cent. Code § 50-22-04
Ohio
Audit Required: No state law requirement.
Statute and Description:
Ohio Rev. Code § 1716.04
Oklahoma
Audit Required: No state law requirement.
Statute and Description: Okla. Stat. tit. 18, § 18-552.3
Oregon
Audit Required: No state law
requirement.
Statute and Description: Or. Rev. Stat. § 65.787
Pennsylvania
Audit Required: Yes
Statute and Description: 10 Pa. Cons. Stat. §162.5 [f] | A charitable organization with
annual contributions of $750,000 or more must file an audited financial statement prepared by an independent CPA. A charitable organization with annual contributions less than $750,000 and at least $250,000 must file a financial statement that is reviewed or audited by an independent CPA. A charitable organization with annual contributions less than $250,000 and at least $100,000
must have a compilation, review, or audit of its financial statements prepared by an independent CPA.
Rhode Island
Audit Required: Yes
Statute and Description: R.I. Gen. Laws § 5-53.1-4 | All charitable organization are required to submit audited financial statements, but those with gross annual income of
$500,000 or less may meet the financial filing requirements by providing either an IRS Form 990, or financial statements for the immediately preceding fiscal year compiled by an independent public or certified accountant.
South Carolina
Audit Required: Nostate law requirement.
Statute and Description: S.C. Code Ann. §
33-56-30
South Dakota
Audit Required: Nostate law requirement.
Statute and Description: S.D. Codified Laws § 47-24-6 and 59-11-24
Tennessee
Audit Required: Yes
Statute and Description: Tenn. Code Ann. § 48-101-506[b][2] | A charitable organization with gross annual revenue
Texas
Audit Required: Nostate law requirement.
Statute and Description:
Tex. Bus. & Org. Code § 22.352 | A charitable organization must maintain current and accurate financial records in accordance with GAAP. Based on these records, the board should prepare or approve a financial report that conforms to AICPA standards. The financial report must be made available to the public
[§ 22.353[b]]. Exemptions [§ 22.355].
Utah
Audit Required: Nostate law requirement.
Statute and Description:
Utah Code § 16-6a-1607
Vermont
Audit Required: Nostate law requirement.
Statute and Description: Vt. Stat. Ann. tit. 11B, § 16.22
Virginia
Audit Required: Yes
Statute and Description: Va. Code Ann. § 58.1-609.11[C][4] | A nonprofit organization with gross annual revenue of $1 million or more may be required to provide an audited financial statement prepared by an independent CPA. A nonprofit entity with gross annual revenue less than $1 million and at least $750,000 must provide a
financial review by an independent CPA.
Washington
Audit Required: Yes
Statute and Description: Wash. Rev. Code § 434-120- 107 | A charitable organization with an annual gross revenue exceeding $3 million over the
three preceding, fiscal years must file an audited financial statement prepared by an independent CPA. NOTE: Disclosure Requirement: A charitable organization with annual gross revenue of less than $3 million and more than $1 million averaged over the three preceding fiscal years must disclose to the public either an audited financial statement prepared by an independent CPA or a federal financial reporting form [e.g., IRS Form 990] prepared by an independent CPA. Reporting requirements explained.
West Virginia
Audit Required: Yes
Statute and Description: W. Va. Code § 29-19-5[a][6][A]-[B] | Charitable organizations with annual
contributions
Wisconsin
Audit Required: Yes
Statute and Description: Wis. Stat. § 202.12| A charitable organization with annual contributions over $500,000 must file an audited financial statement and include the opinion of an independent CPA. A charitable organization with annual contributions less than $500,000 and over $300,000 must
file a financial statement reviewed by an independent CPA.
Wyoming
Audit Required: Nostate law requirement.
Statute and Description: Wyo. Stat. § 17-19-1630
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