CALIFORNIA BUSINESS FORMATION & FILING(667) 274-0865

California field guide / 16 / Formation decisions

California Nonprofit Corporations: Mutual Benefit (HOA / ARTS-MU) vs. Public Benefit (ARTS-PB)

01 / The direct answer

California divides nonprofit corporations into Public Benefit (Form ARTS-PB, Cal. Corp. Code § 5110) for 501(c)(3) charitable or educational organizations, Mutual Benefit (Form ARTS-MU or ARTS-CID, Cal. Corp. Code § 7110) for homeowners associations (HOAs under the Davis-Stirling Act, Civ. Code §§ 4000+), trade associations and social clubs, and Religious (Form ARTS-RE, Corp. Code § 9110). All three have a $30 SOS Articles fee and a $20 biennial Form SI-100, while California HOAs must also file Form SI-CID ($15 Common Interest Development Statement) and follow R&TC § 23701t / IRC § 528 tax rules.

Official source: California Secretary of StateOfficial source: California Secretary of StateOfficial source: California Franchise Tax Board

Verified against the California Secretary of State and FTB on Oct 21, 2026

Corp USA is not a law firm and does not provide legal advice. Private information and filing service; not a government agency.

Take your next filing step

Review fees & pricing
Continue with our filing team

Corp USA is not a law firm and does not provide legal advice.

02 / Follow the decisions

Start with the right question.

Choose Form ARTS-MU (Mutual Benefit) vs. Form ARTS-PB (Public Benefit)

Use Form ARTS-PB ($30) under Corp. Code § 5110 when forming a 501(c)(3) charity, foundation, or public educational organization. Use Form ARTS-MU ($30) or ARTS-CID ($30) under Corp. Code § 7110 when forming a homeowners association (HOA), chamber of commerce (501(c)(6)), or member-serving organization where assets are not irrevocably dedicated to 501(c)(3) charitable purposes.

Official source: California Secretary of State

Mandatory HOA Filings: Davis-Stirling Act (Civ. Code §§ 4000+) & Form SI-CID ($15)

Incorporated California common interest developments (condominiums, planned developments) must include the corporate statements required by Civ. Code § 4280 and file both Form SI-100 ($20) and Form SI-CID ($15 Statement by Common Interest Development Association) within 90 days and every two years thereafter.

Official source: California Secretary of State

California HOA & Nonprofit Tax Exemption: R&TC § 23701t vs. § 23701d

Filing Nonprofit Articles does not automatically exempt a corporation from the $800 franchise tax. Charitable Public Benefit corporations apply under R&TC § 23701d (FTB Form 3500A with an IRS 501(c)(3) determination letter, or Form 3500). HOAs apply for California tax exemption under R&TC § 23701t (FTB Form 3500) and may elect federal HOA treatment on IRS Form 1120-H under IRC § 528.

Official source: California Franchise Tax Board
03 / Before you proceed

Your preparation checklist

  • Confirm whether purpose is charitable (ARTS-PB) or member/HOA (ARTS-MU / ARTS-CID)
  • Verify irrevocable dedication and dissolution language before filing Articles ($30)
  • Calendar Form SI-100 ($20) and, for HOAs, Form SI-CID ($15) within 90 days
  • Submit FTB Form 3500 / 3500A so the nonprofit or HOA is not billed the $800 annual minimum tax
Official source: California Secretary of StateOfficial source: California Secretary of StateOfficial source: California Franchise Tax Board
04 / Your decision tool

California nonprofit & HOA filing checkpoints

Decision tool

California nonprofit & HOA filing checkpoints

0 of 6 checkpoints complete
  1. 01

    Choose LLC-1, ARTS-GS, ARTS-CL or ARTS-PC only after the entity decision.

    Official source: California Secretary of State
  2. 02

    SOS name records do not clear trademarks or county fictitious names.

    Official source: California Secretary of State
  3. 03

    Use the official portal. Its labels and access requirements may change.

    Official source: California Secretary of State
  4. 04

    Review full legal name, addresses, agent and the applicable management fields.

    Official source: California Secretary of State
  5. 05

    Check all declarations and state charges before submitting.

    Official source: California Secretary of State
  6. 06

    Save the receipt and accepted filing; follow correction requests and next deadlines.

    Official source: California Secretary of State
Continue through the filing checkpoints.

This tracker does not submit a filing. Confirmation of acceptance comes from the Secretary of State.

Open official bizfile Online
05 / Facts & fees

Keep the requirements separate.

California facts at verification date; confirm current requirements before filing.
RequirementVerified detail / confirmation neededOfficial authority
Form ARTS-PB (Corp. Code § 5110)$30 SOS fee · Public Benefit / 501(c)(3) charitable & educational corporationsOfficial source: California Secretary of State
Form ARTS-MU / ARTS-CID (Corp. Code § 7110)$30 SOS fee · Mutual Benefit / HOAs (Civ. Code §§ 4000+), 501(c)(4)/(c)(6)/(c)(7) associationsOfficial source: California Secretary of State
Form SI-100 + Form SI-CID$20 biennial nonprofit Statement of Information + $15 mandatory CID supplement for HOAsOfficial source: California Secretary of State
R&TC § 23701t & IRC § 528 (HOAs)FTB Form 3500 exemption from $800 minimum tax for qualifying homeowners associations; federal Form 1120-H electionOfficial source: California Franchise Tax Board
06 / Your next path

Carry the decision forward.

Continue with our filing team

Corp USA is not a law firm and does not provide legal advice. State fees are pass-through. Service fees and taxes are separate. Review the order price before payment.

07 / Questions answered

Before your next step

An HOA forms as a California Nonprofit Mutual Benefit Corporation using Form ARTS-MU or Form ARTS-CID ($30 state fee) under Cal. Corp. Code § 7110 and the Davis-Stirling Common Interest Development Act (Civ. Code §§ 4000+), and files both Form SI-100 ($20) and Form SI-CID ($15).

Official source: California Secretary of State

No. An incorporated HOA must apply for California tax-exempt status under R&TC § 23701t using FTB Form 3500 (or meet specific administrative criteria) and file required annual returns (such as FTB Form 199 / 100 and IRS Form 1120-H).

Official source: California Franchise Tax Board