How to become an SGO in Wyoming

1.Be a 501(c)(3) public charity

The IRS has to recognize you as a 501(c)(3), and you can't be a private foundation. Wyoming accepts nonprofits whose Form 1023 is still pending. Under Treasury's temporary regulations, a state can list a nonprofit whose Form 1023 is still pending only if the exemption, once granted, takes effect by January 1 of the list year. For 2027, that means the nonprofit has to be incorporated by December 31, 2026. (An exemption reaches back to the date you incorporated if you file Form 1023 within 27 months.)

2.Register in Wyoming

Treasury's rules count you as "located in" Wyoming if you're authorized to do business there and follow its charity laws. You don't need an office or staff there. If you're incorporated in another state, you register with the Wyoming Secretary of State ($50). Wyoming has no charity registration. You'll also need a registered agent with a Wyoming address.

3.Open a separate bank account for Wyoming

Gifts for the credit go into an account that holds nothing else. If you're on more than one state's list, you keep one account per state and donors pick the state.

4.Put the §25F rules in your bylaws and policies

A new nonprofit has no track record, so the state reads its documents, and a promise to "follow the law" isn't enough. They have to require each rule: at least 90% of your income goes to scholarships, scholarships go to at least 10 students who aren't all at the same school, you verify household income, past recipients come first and then their siblings, no donor can earmark a gift for a particular student, and no scholarships go to insiders.

5.Register in the IRS SGO portal when it opens

Treasury asks every SGO to register in the IRS portal, ideally before a state lists it. The portal gives you the donor-number format your receipts use. It hasn't opened yet.

6.Apply to Wyoming by December 1, 2026

Complete the Wyoming Department of Education's online "Section 25F Scholarship Granting Organization (SGO) Application & Annual Certification Form," linked from its Scholarship Granting Organizations page. It asks for your legal name, EIN, a Wyoming address, your 501(c)(3) status (active or pending), whether you're a single-state or multistate SGO, checkboxes certifying that you're authorized to do business in Wyoming and keep a dedicated §25F account, and signed certifications that you meet §25F's operating rules. A new organization without an operating history can apply on its governing documents, bylaws, and written policies. The department reviews applications on a rolling basis and recommends them to the Governor's office, which gives final approval. Apply by December 1, 2026 to be approved for the 2027 tax year.

7.After you're listed

Send each donor a written acknowledgment by January 31 and report the gifts to the IRS by February 28. Under Treasury's proposed regulations, which you can rely on for 2027, you also file a yearly certification and report (with a copy to every state that lists you), get a yearly audit, and spend at least 90% of each year's income on scholarships by the end of the next year.