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Form 990-EZ is for use by organizations with gross receipts of less than $100,000 and total assets of less than $250,000 at the end of the year. The time needed to complete and file this form and related schedules will vary depending on individual circumstances. The rules governing the confidentiality of the form are covered in Code section 6104.
Form 990-EZ is for use by organizations with gross receipts of less than $100,000 and total assets of less than $250,000 at the end of the year. The time needed to complete and file this form and related schedules will vary depending on individual circumstances. The rules governing the confidentiality of the form are covered in Code section 6104.
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Form 990-EZ is for use by organizations with gross receipts of less than $100,000 and total assets of less than $250,000 at the end of the year. The time needed to complete and file this form and related schedules will vary depending on individual circumstances. The rules governing the confidentiality of the form are covered in Code section 6104.
Droits d'auteur :
Attribution Non-Commercial (BY-NC)
Formats disponibles
Téléchargez comme PDF, TXT ou lisez en ligne sur Scribd
Form 990-EZ Return of Organization Exempt From Income Tax and Short Form Return of Organization Exempt from Income Tax Under Section 501(c) of the Internal Revenue Code (except black lung benefit trust or private foundation) or section 4947(a)(1) nonexempt charitable trust Note: Form 990-EZ is for use by organizations with gross receipts of less than $100,000 and total assets of less than $250,000 at the end of the year. Section references are to the Internal Revenue Code unless otherwise noted.
4912 (disqualifying lobbying expenditures), or
Paperwork Reduction Act Notice 4955 (political expenditures). ● Both section 501(c)(3) and section 501(c)(4) We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with organizations must report on their returns the these laws. amount of excise taxes paid during the year by the organization managers or disqualified The organization is not required to provide the information requested on a form that is subject persons under section 4958 (excess benefit to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or transactions), as well as any other information records relating to a form or its instructions must be retained as long as their contents may the Secretary may require concerning those become material in the administration of any Internal Revenue law. The rules governing the transactions. These amendments were added confidentiality of the Form 990, and Form 990-EZ, are covered in Code section 6104. by the Taxpayer Bill of Rights 2 (TBOR2), The time needed to complete and file this form and related schedules will vary depending on effective for taxable years beginning after July individual circumstances. The estimated average times are: 30, 1996. See General Instruction P and the Copying, instructions for line 89 of Form 990 and line 40 Preparing assembling, and of Form 990-EZ. Learning about the the sending the form ● The Small Business Job Protection Act of Form Recordkeeping law or the form form to the IRS 1996 added charitable risk pools (section 501(n)) to the list of exempt organizations. 990 94 hr., 28 min. 19 hr., 52 min. 25 hr., 5 min. 48 min. These organizations must also file a Schedule 990-EZ 28 hr., 28 min. 9 hr., 12 min. 11 hr., 1 min. 16 min. A (Form 990). Schedule A (Form 990) 49 hr., 59 min. 9 hr., 14 min. 10 hr., 28 min. –0– ● Church-affiliated organizations that are exclusively engaged in managing funds or If you have comments concerning the accuracy of these time estimates or suggestions for maintaining retirement programs need not file making these forms simpler, we would be happy to hear from you. You can write to the Tax Forms Form 990 or Form 990-EZ (Rev. Proc. 96-10, Committee, Western Area Distribution Center, Rancho Cordova, CA 95743-0001. DO NOT send 1996-2 I.R.B. 17). the form to this address. Instead, see When and Where to File. ● TBOR2 increased the penalties against the organization for failure to file complete and Contents Page timely annual returns. See General Instruction K. • Changes To Note........................................ 1 ● The Small Business Job Protection Act of • General Instructions .................................... 2 N Disclosures Regarding Certain Information 1996 modified the penalties for not complying A Who Must File ............................................. 2 and Services Furnished .............................. 7 with the public inspection requirements for annual returns and exemption applications. B Organizations Not Required To File ........... 2 O Disclosures Regarding Certain Transactions and Relationships.................. 7 See General Instruction M. C Exempt Organization Reference Chart....... 3 ● TBOR2 modified prospectively the section D Forms and Publications To File or Use ...... 3 P Excess Benefit Transactions....................... 7 6685 penalty and the rules for the public E Use of Form 990, or Form 990-EZ, To Q Erroneous Backup Withholding................... 8 inspection of returns and exemption Satisfy State Reporting Requirements........ 4 R Group Return .............................................. 8 applications. These new public inspection F Other Forms as Partial Substitutes for provisions generally apply to requests made S Organizations in Foreign Countries and no earlier than 60 days after the date on which Form 990 or Form 990-EZ.......................... 4 U.S. Possessions ........................................ 8 the Treasury Department publishes the G Accounting Periods and Methods ............... 5 T Public Interest Law Firms ........................... 8 regulations required under the provisions of the H When and Where To File............................ 5 U Requirements for a Properly Completed Act. See General Instruction M. I Extension of Time To File........................... 5 Form 990 or Form 990-EZ.......................... 8 ● Political expenditures for which the section Public Inspection 527 tax has been paid (on Form 1120-POL, J Amended Return/Final Return .................... 5 Signature Recordkeeping U.S. Income Tax Return for Certain Political K Penalties...................................................... 5 Organizations) are disregarded for the Rounding Off to Whole Dollars L Contributions—Solicitations of Completing All Lines purposes of the section 6033(e) proxy tax. See Nondeductible Contributions, Keeping Assembling Form 990 or Form 990-EZ the instructions for Line 85d—Lobbying and Fundraising Records, Noncash political expenditures. (Small Business Job Contributions, and Substantiation and • Specific Instructions for Form 990 .............. 9 Protection Act of 1996). Disclosure Requirements ............................ 6 • Specific Instructions for Form 990-EZ ........ 25 ● Annual dues, not exceeding $100, (subject M Public Inspection of Completed Exempt to inflation) paid to a section 501(c)(5) Organization Returns and Approved Exemption Applications............................... 6 Changes To Note agricultural or horticultural organization are not treated as unrelated business taxable income. ● Section 501(c)(3) organizations must Exclusion Code 40 is amended. (Section disclose on their Form 990, or Form 990-EZ, 512(d), Small Business Job Protection Act of any excise tax paid during the year under 1996). sections 4911 (excess lobbying expenditures),
Cat. No. 22386X
Form 1041, U.S. Income Tax Return for maintaining retirement programs and are Estates and Trusts. described in Rev. Proc. 96-10, 1996-2 I.R.B. General Instructions If an organization's exemption 17. 3. A school below college level affiliated with Note: The General Instructions apply to application is pending a church or operated by a religious order. both Form 990 and Form 990-EZ. See also 4. A mission society sponsored by, or the Specific Instructions for each of these If the organization's application for exemption is pending, check the “Application pending” box affiliated with, one or more churches or church forms. denominations, if more than half of the An organization's completed Form 990, or in the heading of the return and complete the return. society's activities are conducted in, or directed Form 990-EZ, (except for the schedule of at persons in, foreign countries. contributors) is available for public inspection If the organization received a Form 990 5. An exclusively religious activity of any as required by section 6104. Some members of the public rely on Form Package religious order. If the organization received a Form 990 6. A state institution whose income is 990, or Form 990-EZ, as the primary or sole excluded from gross income under section 115. source of information about a particular Package with a preaddressed label, we ask organization. How the public perceives an that the organization file a return even if it is 7. An organization described in section organization in such cases may be determined not required to do so. Attach the label to the 501(c)(1). Section 501(c)(1) organizations are by the information presented on its return. name and address space on the return (see corporations organized under an Act of Therefore, please make sure the return is Specific Instructions, Item C). Check the box in Congress that are: the heading of the Form 990, or Form 990-EZ, ● Instrumentalities of the United States, and complete and accurate and fully describes the organization's programs and accomplishments. to indicate that the organization's gross ● Exempt from Federal income taxes. receipts are normally not more than $25,000; 8. A private foundation exempt under section Purpose of Form sign the return; and send it to the Ogden 501(c)(3) and described in section 509(a). Service Center. (See General Instruction H.) (Required to file Form 990-PF, Return of Form 990 and Form 990-EZ are used by The organization does not have to complete tax-exempt organizations and nonexempt Private Foundation.) Parts I through IX of the Form 990, or Parts I 9. A black lung benefit trust described in charitable trusts to provide the IRS with the through V of the Form 990-EZ. Following this information required by section 6033. section 501(c)(21). (Required to file Form instruction will help us to update our records, 990-BL, Information and Initial Excise Tax The Form 990, or Form 990-EZ, may also and we will not have to contact the organization be used to transmit elections that are required Return for Black Lung Benefit Trusts and later to ask why no return was filed. If the Certain Related Persons.) to be submitted to the IRS, such as the election organization files a return this way, it will not to capitalize costs under section 266. 10. A stock bonus, pension, or profit-sharing be mailed a Form 990 Package in later years trust that qualifies under section 401. (See and does not have to file Form 990, or Form Form 5500, Annual Return/Report of A. Who Must File 990-EZ, again until its gross receipts are Employee Benefit Plan.) normally more than $25,000, or it terminates 11. A religious or apostolic organization Filing tests or undergoes a substantial contraction as described in section 501(d). (Required to file If the organization does not meet any of the described in the instructions for line 79 of Form Form 1065, U.S. Partnership Return of exceptions listed in General Instruction B and 990, or line 36 of Form 990-EZ. Income.) its annual gross receipts are normally more Exempt organizations that filed Form 990, 12. A foreign organization whose annual than $25,000 (see the gross receipts or Form 990-EZ, but are no longer required to gross receipts from sources within the U.S. are discussion in General Instruction B), it must file file because they meet a specific exemption normally $25,000 or less (Rev. Proc. 94-17, Form 990 or Form 990-EZ. If the organization's (other than exemption 14 in General Instruction 1994-1 C.B. 579). See the $25,000 gross gross receipts during the year are less than B) should advise their key District office so their receipts test in 16c. See also General $100,000 and its total assets at the end of the filing status can be updated. Exempt Instruction A if the organization received a year are less than $250,000, it may file Form organizations that are not sure of their key Form 990 Package. 990-EZ, Short Form Return of Organization District office may call the IRS at 1-800-829-1040. Exempt organizations that 13. A governmental unit or affiliate of a Exempt From Income Tax, instead of Form governmental unit described in Rev. Proc. 990. Even if the organization meets this test, it stop filing Form 990, or Form 990-EZ, without notifying their key District office may receive 95-48, 1995-2 C.B. 418. can still file Form 990. service center correspondence inquiring about 14. An organization whose annual gross Combined Federal Campaign.— By receipts are normally $25,000 or less (but see Smaller organizations applying to participate in their returns. These organizations should refer to the specific reason for having stopped filing General Instruction A if the organization the Combined Federal Campaign may submit received a Form 990 Package). a completed Form 990-EZ (instead of Form when responding to these inquiries. 990) to the Office of Personnel Management a. Calculating gross receipts.— (OPM). Failure to file and its effect on 1) Form 990.—Gross receipts are the sum However, these organizations must also contributions of lines 1d, 2, 3, 4, 5, 6a, 7, 8a (both columns), submit to OPM, attached to the Form 990-EZ, Organizations that are eligible to receive tax 9a, 10a, and 11 of Part I. The organization's pages 1 and 2 of Form 990 with the following deductible contributions are listed in gross receipts are the total amount it received completed: Part I, lines 1a-1d and 13-15; Part Publication 78, Cumulative List of from all sources during its annual accounting II, all lines. These organizations should not Organizations described in Section 170(c) of period, without subtracting any costs or send this Form 990 attachment to the IRS. the Internal Revenue Code of 1986. An expenses. organization may be removed from this listing 2) Form 990-EZ.—Gross receipts are the Section 501(a), (e), (f), (k), and (n) if our records show that it is required to file total amount received from all sources during organizations Form 990, or Form 990-EZ, but it does not file an annual accounting period, without a return or advise us that it is no longer subtracting any costs or expenses. Gross Except for those types of organizations listed receipts are the sum of lines 1, 2, 3, 4, 5a, 6a, in General Instruction B, an annual return on required to file. However, contributions to such an organization may continue to be deductible 7a, and 8 of Part I. Gross receipts can also be Form 990, or Form 990-EZ, is required from calculated by adding back the amounts on lines every organization exempt from tax under by the general public until the IRS publishes a notice to the contrary in the Internal Revenue 5b, 6b, and 7b to the total revenue reported on section 501(a), including foreign organizations line 9. and cooperative service organizations Bulletin. Example. On line 9 of its Form 990-EZ for described in sections 501(e) and (f), child care 1996, Organization M reported $50,000 as total organizations described in section 501(k) and B. Organizations Not Required To revenue. M added back the costs and charitable risk pools described in section File expenses it had deducted on lines 5b ($2,000); 501(n). Section 501(c)(3), 501(e), (f), (k), and Note: Organizations not required to file this 6b ($1,500); and 7b ($500) to its total revenue (n) organizations must also attach a completed form with the IRS may wish to use it to satisfy of $50,000 and determined that its gross Schedule A (Form 990), Organization Exempt state reporting requirements. For details, see receipts for the tax year were $54,000. Under Section 501(c)(3), to their Form 990 or General Instruction E. b. Gross receipts when acting as agent.— Form 990-EZ. The following types of organizations exempt If a local chapter of a section 501(c)(8) fraternal from tax under section 501(a) do not have to organization collects insurance premiums for Section 4947(a)(1) nonexempt file Form 990, or Form 990-EZ, with the IRS: its parent lodge and merely sends those charitable trusts 1. A church, an interchurch organization of premiums to the parent without asserting any Any nonexempt charitable trust (described in local units of a church, a convention or right to use the funds or otherwise deriving any section 4947(a)(1)) not treated as a private association of churches, an integrated auxiliary benefit from collecting them, the local chapter foundation is also required to file Form 990, or of a church (such as a men's or women's should not include the premiums in its gross Form 990-EZ, along with a completed organization, religious school, mission society, receipts. The parent lodge should report them Schedule A (Form 990). See the discussion in or youth group). instead. The same treatment applies in other General Instruction D for exceptions to filing 2. Church-affiliated organizations that are situations in which one organization collects exclusively engaged in managing funds or funds merely as an agent for another.
Page 2 General Instructions for Form 990 and Form 990-EZ
c. $25,000 gross receipts test.— An Services, on FedWorld, a government bulletin Form 1041.— U.S. Income Tax Return for organization's gross receipts are considered board. The IRIS menus offer information on Estates and Trusts. Required of section normally to be $25,000 or less if the available file formats and software needed to 4947(a)(1) nonexempt charitable trusts that organization is: read and print files. You must print the forms also file Form 990 or Form 990-EZ. However, 1) Up to a year old and has received, or to use them; the forms are not designed to be if such a trust does not have any taxable donors have pledged to give, $37,500 or less filled out on-screen. income under Subtitle A of the Code, it can file during its first tax year; IRIS is directly accessible by modem at Form 990, or Form 990-EZ, and does not have 2) Between 1 and 3 years old and averaged 703-321-8020. On the Internet, telnet to to file Form 1041 to meet its section 6012 filing $30,000 or less in gross receipts during each iris.irs.ustreas.gov or, for file transfer protocol requirement. If this condition is met, complete of its first 2 tax years; or services, connect to ftp.irs.ustreas.gov. If you Form 990, or Form 990-EZ, and do not file 3) Three (3) years old or more and averaged are using the World Wide Web, connect to Form 1041. A section 4947(a)(1) nonexempt $25,000 or less in gross receipts for the http://www.irs.ustreas.gov. FedWorld's help charitable trust that normally has gross receipts immediately preceding 3 tax years (including desk offers technical assistance on accessing of not more than $25,000 (see the gross the year for which the return would be filed). IRIS (not tax help) during regular business receipts discussion in General Instruction B) hours at 703-487-4608. and has no taxable income under Subtitle A C. Exempt Organization Reference Tax forms, instructions, and publications are must complete line 92 and the signature block also available on CD-ROM, including prior-year on page 6 of the Form 990. On the Form Chart forms starting with the 1991 tax year. For 990-EZ, complete line 43 and the signature ordering information and software block on page 2 of the return. In addition, Type of I.R.C. complete only the following items in the Organization Section requirements, contact the Government Printing Office's Superintendent of Documents heading of Form 990 or Form 990-EZ: Corporations Organized Under (202-512-1800) or Federal Bulletin Board Item Act of Congress...................................... 501(c)(1) A Tax year (fiscal year or short period, if (202-512-1387). Title Holding Corporations ........................ 501(c)(2) applicable) Schedule A (Form 990).— Organization B Applicable checkboxes Charitable, Religious, Educational, Exempt Under Section 501(c)(3) (Except C Name and address Scientific, etc., Organizations ................. 501(c)(3) Private Foundation), 501(e), 501(f), 501(k), D Employer identification number (EIN) Civic Leagues and Social Welfare 501(n), or Section 4947(a)(1) Nonexempt G Section 4947(a)(1) nonexempt charitable trust Organizations ......................................... 501(c)(4) Charitable Trust. Filed with Form 990, or Form box. (Item I in Form 990-EZ) Labor, Agricultural, and 990-EZ, for a section 501(c)(3) organization Form 1096.— Annual Summary and Horticultural Organizations ..................... 501(c)(5) that is not a private foundation (and including Transmittal of U.S. Information Returns. Business Leagues, etc.............................. 501(c)(6) an organization described in section 501(e), Form 1099 Series.— Information returns for Social and Recreation Clubs .................... 501(c)(7) 501(f), 501(k), or 501(n)). Also filed with Form reporting payments such as dividends, interest, 990, or Form 990-EZ, for a section 4947(a)(1) miscellaneous income (including medical and Fraternal Beneficiary and Domestic 501(c)(8) nonexempt charitable trust that is not treated Fraternal Societies and Associations ..... & (10) health care payments and nonemployee as a private foundation. An organization is not compensation), original issue discount, Voluntary Employees' Beneficiary required to file Schedule A (Form 990) if its Associations ........................................... 501(c)(9) patronage dividends, real estate transactions, gross receipts are normally $25,000 or less acquisition or abandonment of secured Teachers' Retirement Fund Associations . 501(c)(11) (see the gross receipts discussion in General property, discharge of indebtedness, and Benevolent Life Insurance Associations, Instruction B). distributions from annuities, pensions, and Mutual Ditch or Irrigation Companies, Forms W-2 and W-3.— Wage and Tax profit-sharing and retirement plans. Mutual or Cooperative Telephone Statement, and Transmittal of Wage and Tax Companies, etc. ..................................... 501(c)(12) Form 1120-POL.— U.S. Income Tax Return Statements. for Certain Political Organizations. Cemetery Companies ............................... 501(c)(13) Form 940.— Employer's Annual Federal Form 1128.— Application To Adopt, Change, State Chartered Credit Unions, Unemployment (FUTA) Tax Return. or Retain a Tax Year. Mutual Reserve Funds ........................... 501(c)(14) Form 941.— Employer's Quarterly Federal Tax Form 2758.— Application for Extension of Mutual Insurance Companies or Return. Used to report social security, Time To File Certain Excise, Income, Associations ........................................... 501(c)(15) Medicare, and income taxes withheld by an Information, and Other Returns. Cooperative Organizations To employer and social security and Medicare Finance Crop Operations ....................... 501(c)(16) taxes paid by an employer. Form 4506-A.— Request for Public Inspection If certain excise, income, social security, and or Copy of Exempt Organization Tax Form. Supplemental Unemployment Benefit Trusts ......................................... 501(c)(17) Medicare taxes that must be collected or Form 4720.— Return of Certain Excise Taxes withheld are not collected or withheld, or these on Charities and Other Persons Under Employee Funded Pension Trusts Chapters 41 and 42 of the Internal Revenue (created before 6/25/59)......................... 501(c)(18) taxes are not paid to the IRS, a trust fund recovery penalty may apply. The trust fund Code. Section 501(c)(3) organizations that file Organizations of Past or Present 501(c)(19) recovery penalty may be imposed on all Form 990, or Form 990-EZ, as well as the Members of the Armed Forces .............. & (23) managers of these organizations, use this form persons (including volunteers) who the IRS Black Lung Benefit Trusts......................... 501(c)(21) determines were responsible for collecting, to report their tax on political expenditures, Withdrawal Liability Payment Funds......... 501(c)(22) accounting for, and paying over these taxes, certain lobbying expenditures, and excess and who acted willfully in not doing so. benefit transactions. Title Holding Corporations or Trusts......... 501(c)(25) This penalty does not apply to volunteer, Form 5500, 5500-C/R.— Employers who State-Sponsored Organizations Providing maintain pension, profit-sharing, or other Health Coverage for High-Risk unpaid members of any board of trustees or Individuals ............................................... 501(c)(26) directors of a tax-exempt organization, if these funded deferred compensation plans are members are solely serving in an honorary generally required to file one of the 5500 series State-Sponsored Workmen's forms specified below. This requirement Compensation Reinsurance capacity, do not participate in the day-to-day Organizations ......................................... 501(c)(27) or financial activities of the organization, and applies whether or not the plan is qualified do not have actual knowledge of the failure to under the Internal Revenue Code and whether Religious and Apostolic Associations ....... 501(d) collect, account for, and pay over these taxes. or not a deduction is claimed for the current tax Cooperative Hospital Service However, the preceding sentence does not year. Organizations ......................................... 501(e) apply if it results in no person being liable for Plans with 100 or more participants must file Cooperative Service Organizations of the penalty. Form 5500, Annual Return/Report of Operating Educational Organizations .... 501(f) The penalty is equal to the unpaid trust fund Employee Benefit Plan. Child Care Organizations.......................... 501(k) tax. See the instructions for Pub. 15 (Circular Plans with fewer than 100 participants must Charitable Risk Pools ............................... 501(n) E), Employer's Tax Guide, for more details, file Form 5500-C/R, Return/Report of including the definition of responsible persons. Employee Benefit Plan. Form 990-T.— Exempt Organization Business Form 5768.— Election/Revocation of Election D. Forms and Publications To File Income Tax Return. Filed separately for by an Eligible Section 501(c)(3) Organization or Use organizations with gross income of $1,000 or To Make Expenditures To Influence These forms and publications are available at more from business unrelated to the Legislation. many IRS offices or by calling organization's exempt purpose. The Form Form 8282.— Donee Information Return. 1-800-TAX-FORM (1-800-829-3676). 990-T is also filed to pay the section 6033(e)(2) Required of the donee of “charitable deduction By personal computer and modem.— If you proxy tax. For Form 990, see line 85 and its property” who sells, exchanges, or otherwise subscribe to an on-line service, ask if IRS instructions; for Form 990-EZ, see line 35 and disposes of the property within 2 years after information is available and, if so, how to its instructions. receiving the property. access it. Tax forms, instructions, publications, Form 990-W.— Estimated Tax on Unrelated Also, the form is required of any successor and other IRS information are available through Business Taxable Income for Tax-Exempt donee who disposes of charitable deduction IRIS, the Internal Revenue Information Organizations. property within 2 years after the date that the donor gave the property to the original donee.
General Instructions for Form 990 and Form 990-EZ Page 3
It does not matter who gave the property to the Additional information may be required states. See the Caution in the instructions for successor donee. It may have been the original line 1d of Form 990. For Form 990-EZ, see the donee or another successor donee. State or local filing requirements may require Caution for line 1, instruction D. you to attach to Form 990, or Form 990-EZ, Form 8300.— Report of Cash Payments Over one or more of the following: (a) additional $10,000 Received in a Trade or Business. State registration number financial statements, such as a complete Used to report cash amounts in excess of analysis of functional expenses or a statement Enter the applicable state or local jurisdiction $10,000 that were received in a single of changes in net assets; (b) notes to financial registration or identification number in item E transaction (or in two or more related statements; (c) additional financial schedules; (in the heading of the Form 990 or Form transactions) in the course of a trade or (d) a report on the financial statements by an 990-EZ) for each jurisdiction in which the business (as defined in section 162). independent accountant; and (e) answers to organization files Form 990, or Form 990-EZ, However, if the organization receives a additional questions and other information. in place of the state or local form. If filing in charitable cash contribution in excess of Each jurisdiction may require the additional several jurisdictions, prepare as many copies $10,000, it is not subject to the reporting material to be presented on forms they provide. as needed with item E blank. Then enter the requirement since the funds were not received The additional information does not have to be applicable registration number on the copy to in the course of a trade or business. submitted with the Form 990, or Form 990-EZ, be filed with each jurisdiction. Form 8822.— Change of Address. Used to filed with the IRS. An organization need not put any state or notify the IRS of a change in mailing address Even if the Form 990, or Form 990-EZ, the local jurisdiction registration or identification that occurs after the return is filed. organization files with the IRS is accepted by number on the Form 990, or Form 990-EZ, filed Forms 8038, 8038-G, and 8038-GC.— the IRS as complete, a copy of the same return with the IRS. Information Return for Tax-Exempt Private filed with a state will not fully satisfy that state's Activity Bond Issues; Information Return for filing requirement if required information is not F. Other Forms as Partial Tax-Exempt Governmental Obligations; and provided, including any of the additional Substitutes for Form 990 or Form Information Return for Small Tax-Exempt information discussed above, or if the state 990-EZ Governmental Bond Issues, Leases, and determines that the form was not completed Installment Sales, respectively. by following the applicable Form 990, or Form Except as provided below, the Internal 990-EZ, instructions or supplemental state Revenue Service will not accept any form as a Publication 525.— Taxable and Nontaxable substitute for one or more parts of Form 990 Income. instructions. If so, the organization may be asked to provide the missing information or to or Form 990-EZ. Publication 598.— Tax on Unrelated Business Income of Exempt Organizations. submit an amended return. Labor organizations (section 501(c)(5)) Publication 910.— Guide to Free Tax Use of audit guides may be required A labor organization that files Form LM-2, Services. Labor Organization Annual Report, or the To ensure that all organizations report similar Publication 1391.— Deductibility of Payments transactions uniformly, many states require that shorter Form LM-3, Labor Organization Annual Made to Charities Conducting Fund-Raising contributions, gifts, grants, etc., and functional Report, with the U.S. Department of Labor Events. expenses be reported according to the AICPA (DOL) can attach a copy of the completed DOL Publication 1771.— Charitable industry audit guide, Not-For-Profit form to Form 990, or Form 990-EZ, to provide Contributions—Substantiation and Disclosure Organizations (New York, NY, AICPA, 1996), some of the information required by Form 990 Requirements. as supplemented by Standards of Accounting or Form 990-EZ. This substitution is not and Financial Reporting for Voluntary Health permitted if the organization files a DOL report E. Use of Form 990, or Form and Welfare Organizations (Washington, DC, that consolidates its financial statements with 990-EZ, To Satisfy State Reporting National Health Council, Inc., 1988, 3rd those of one or more separate subsidiary edition), and by Accounting and Financial organizations. Requirements Reporting—A Guide for United Ways and Some states and local government units will Not-for-Profit Human Service Organizations Employee benefit plans (section accept a copy of Form 990, or Form 990-EZ, (Alexandria, VA, United Way Institute, 1989). 501(c)(9), (17), or (18)) and Schedule A (Form 990) in place of all or An employee benefit plan may be able to part of their own financial report forms. The Donated services and facilities substitute Form 5500, or Form 5500-C/R, for substitution applies primarily to section part of Form 990 or Form 990-EZ. The 501(c)(3) organizations, but some of the other Even though reporting donated services and facilities as items of revenue and expense is substitution can be made if the organization types of section 501(c) organizations are also filing Form 990, or Form 990-EZ, and the plan affected. called for in certain circumstances by the three publications named above, many states and filing Form 5500, or 5500-C/R, meet all the If you use Form 990, or Form 990-EZ, to the IRS do not permit the inclusion of those following tests: satisfy state or local filing requirements, such amounts in Parts I and II of Form 990 or Part I 1. The Form 990, or Form 990-EZ, filer is as those under state charitable solicitation acts, of Form 990-EZ. The optional reporting of organized under section 501(c)(9), (17), or note the following: donated services and facilities is discussed in (18); Determine state filing requirements the instructions for Part III for both Form 990 2. The Form 990, or Form 990-EZ, filer and and Form 990-EZ. Form 5500 filer are identical for financial You should consult the appropriate officials of reporting purposes and have identical receipts, all states and other jurisdictions in which the Amended returns disbursements, assets, liabilities, and equity organization does business to determine their If the organization submits supplemental accounts; specific filing requirements. “Doing business” in information or files an amended Form 990, or 3. The employee benefit plan does not a jurisdiction may include any of the following: Form 990-EZ, with the IRS, it must also send include more than one section 501(c) (a) soliciting contributions or grants by mail or a copy of the information or amended return to organization, and the section 501(c) otherwise from individuals, businesses, or any state with which it filed a copy of Form 990, organization is not a part of more than one other charitable organizations; (b) conducting or Form 990-EZ, originally to meet that state's employee benefit plan; and programs; (c) having employees within that filing requirement. 4. The organization's accounting year and jurisdiction; (d) maintaining a checking the employee plan year are the same. If they account; or (e) owning or renting property If a state requires the organization to file an amended Form 990, or Form 990-EZ, to correct are not, you may want to change the there. organization's accounting year, as explained in conflicts with Form 990, or Form 990-EZ, Monetary tests may differ instructions, it must also file an amended return General Instruction G, so it will coincide with with the IRS. the plan year. Some or all of the dollar limitations applicable to Form 990, or Form 990-EZ, when filed with Method of accounting Allowable substitution areas the IRS may not apply when using Form 990, Whether an organization files Form 990, or or Form 990-EZ, in place of state or local report Most states require that all amounts be reported based on the accrual method of Form 990-EZ, for a labor organization or for an forms. Examples of the IRS dollar limitations employee benefit plan, the areas of Form 990, that do not meet some state requirements are accounting. (See also General Instruction G.) or Form 990-EZ, for which other forms can be the $25,000 gross receipts minimum that Time for filing may differ substituted are the same. These areas are: creates an obligation to file with the IRS (see the gross receipts discussion in General The deadline for filing Form 990, or Form 990-EZ, with the IRS differs from the time for Form 990 Instruction B) and the $50,000 minimum for listing professional fees in Part II of Schedule filing reports with some states. ● Lines 13 through 15 of Part I (but complete A (Form 990). lines 16 through 21); Public inspection ● Part II; and The Form 990, or Form 990-EZ, information ● Part IV (but complete lines 59, 66, and 74, made available for public inspection by the IRS columns (A) and (B)). may differ from that made available by the
Page 4 General Instructions for Form 990 and Form 990-EZ
Form 990-EZ Not-for-profit organizations described in I. Extension of Time To File ● section 501(c) may change to the methods Lines 10 through 16 of Part I (but complete provided in SFAS 116 for Federal income tax Use Form 2758 to request an extension of time lines 17 through 21). purposes for any tax year beginning after to file Form 990 or Form 990-EZ. Generally, the ● Part II (but complete lines 25 through 27, December 15, 1994, by properly reflecting the IRS will not grant an extension of time for more columns (A) and (B)). effect of the change, in the manner described than 90 days unless sufficient need for an If an organization substitutes Form LM-2 or below, on a timely filed (including extensions) extended period is clearly shown. In no event LM-3 for any of the Form 990, or Form 990-EZ, Form 990-series return for the tax year of the will an extension of more than 6 months be Parts or line items mentioned above, it must change. granted to any domestic organization. attach a reconciliation sheet to show the A not-for-profit organization that changes its relationship between the amounts on the DOL methods of accounting for Federal income tax J. Amended Return/Final Return forms and the amounts on Form 990 or Form purposes to conform to the methods provided To change the organization's return for any 990-EZ. This is particularly true of the in SFAS 116 should report any adjustment year, file a new return including any required relationship of disbursements shown on the required by section 481(a) on line 20 of Form attachments. Use the revision of Form 990, or DOL forms and the total expenses on line 17, 990, or Form 990-EZ, as a net asset Form 990-EZ, applicable to the year being Part I, of both Form 990 and Form 990-EZ. adjustment made during the year the change amended. The amended return must provide The organization must make this reconciliation is made. The adjustment should be identified all the information called for by the form and because the cash disbursements section of the as the effect of changing to the methods instructions, not just the new or corrected DOL forms includes nonexpense items. If the provided in SFAS 116. The beginning of year information. Check the “Amended Return” box organization substitutes Form LM-2, be sure to statement of financial position (balance sheet) in the heading of either return, or, if the version complete its separate schedule of expenses. should not be restated to reflect any prior of the form being used does not have such a period adjustments. If the adjustment reflects box, write “Amended Return” at the top of the G. Accounting Periods and contributions not reported under the old return. Methods methods for year(s) preceding the year of The organization may file an amended Use the 1996 Form 990, or Form 990-EZ, to change and not reported under the new return at any time to change or add to the report on the 1996 calendar year accounting methods in the year of change or any information reported on a previously filed return period. A calendar year accounting period subsequent year, any contributor of an amount for the same period. It must make the amended begins on January 1 and ends on December included in the adjustment who meets the return available for public inspection for 3 years 31. criteria described in the instructions to line 1 from the date of filing or 3 years from the date of Form 990, or Form 990-EZ, should be the original return was due, whichever is later. If the organization has established a fiscal included in the list of contributors required to year accounting period, use the 1996 Form The organization must also send a copy of be attached to Form 990, or Form 990-EZ, for the information or amended return to any state 990, or Form 990-EZ, to report on the the year of the change. organization's fiscal year that began in 1996 with which it filed a copy of Form 990, or Form and ended 12 months later. A fiscal year If the organization prepares Form 990, or 990-EZ, originally to meet that state's filing accounting period should normally coincide Form 990-EZ, for state reporting purposes, it requirement. with the natural operating cycle of the may file an identical return with the IRS even Use Form 4506-A to obtain a copy of a organization. Be certain to indicate in the though the return does not agree with the previously filed return. You can obtain blank heading of Form 990, or Form 990-EZ, the date books of account, unless the way one or more forms for prior years by calling the organization's fiscal year began in 1996 items are reported on the state return conflicts 1-800-TAX-FORM (1-800-829-3676). and the date the fiscal year ended in 1997. with the instructions for preparing Form 990, If the return is a final return, see the specific or Form 990-EZ, for filing with the IRS. instructions for Form 990 for line 79, Part VI, When affiliated organizations authorize their central organization to file a group return for Example 1. The organization maintains its Other Information. See the specific instructions them, the accounting period of the affiliated books on the cash receipts and disbursements for Form 990-EZ for line 36, Part V, Other organizations and the central organization must method of accounting but prepares a state Information. be the same. See General Instruction R. return based on the accrual method. It could Use the 1996 Form 990, or Form 990-EZ, to use that return for reporting to the IRS. K. Penalties report on a short accounting period (less than Example 2. A state reporting requirement 12 months) that began in 1996 and ended requires the organization to report certain Against the Organization November 30, 1997, or earlier. revenue, expense, or balance sheet items Under section 6652(c)(1)(A), a penalty of $20 If the organization changes its accounting differently from the way it normally accounts for a day, not to exceed the smaller of $10,000 or period, it must file a return on Form 990, or them on its books. A Form 990, or Form 5% of the gross receipts of the organization for Form 990-EZ, for the short period resulting 990-EZ, prepared for that state is acceptable the year, may be charged when a return is filed from the change. Write “Change of Accounting for the IRS reporting purposes if the state late, unless the organization can show that the Period” at the top of this short-period return. reporting requirement does not conflict with the late filing was due to reasonable cause. If the organization changed its accounting Form 990, or Form 990-EZ, instructions. Organizations with annual gross receipts period within the 10-calendar-year period that An organization should keep a reconciliation exceeding $1 million are subject to a penalty includes the beginning of the short period, and of any differences between its books of account under section 6652(c)(1)(A) of $100 for each it had a Form 990, or Form 990-EZ, filing and the Form 990, or Form 990-EZ, that is day the failure continues (with a maximum requirement at any time during that 10-year filed. penalty with respect to any one return of period, it must also attach a Form 1128 to the Most states that accept Form 990, or Form $50,000). The penalty begins on the due date short-period return. See Rev. Proc. 85-58, 990-EZ, in place of their own forms require that for filing the Form 990 or Form 990-EZ. The 1985-2 C.B. 740. all amounts be reported based on the accrual penalty may also be charged if the organization Unless instructed otherwise, the method of accounting. See General Instruction files an incomplete return or furnishes incorrect organization should generally use the same E. information. To avoid having to supply missing accounting method on the return to figure information later, be sure to complete all revenue and expenses that it regularly uses to H. When and Where To File applicable line items; answer “Yes,” “No,” or keep its books and records. To be acceptable File Form 990, or Form 990-EZ, by the 15th “N/A” (not applicable) to each question on the for Form 990, or Form 990-EZ, reporting day of the 5th month after the organization's return; make an entry (including a zero when purposes, however, the method of accounting accounting period ends. If the regular due date appropriate) on all total lines; and enter used must clearly reflect income. falls on a Saturday, Sunday, or legal holiday, “None” or “N/A” if an entire part does not apply. Any not-for-profit organization described in file on the next business day. A business day section 501(c) that changes its method of is any day that is not a Saturday, Sunday, or Against Responsible Person(s) accounting to comply with (SFAS 116), legal holiday. If the organization does not file a complete Accounting for Contributions Received and If the organization is liquidated, dissolved, return or does not furnish correct information, Contributions Made, does not need to file Form or terminated, file the return by the 15th day the IRS will send the organization a letter that 3115, Application for Change in Accounting of the 5th month after the liquidation, includes a fixed time to fulfill these Method, unless the change affects taxable dissolution, or termination. requirements. After that period expires, the income. Notice 96-30, 1996-20 I.R.B. 11, If the return is not filed by the due date person failing to comply will be charged a provides relief from filing Form 3115 to section (including any extension granted), attach a penalty of $10 a day, not to exceed $5,000, 501(c) organizations that change their methods statement giving the reasons for not filing on unless he or she shows that not complying was of accounting to comply with the provisions of time. due to reasonable cause. If more than one SFAS 116. In SFAS 116 the Financial Send the return to the Internal Revenue person is responsible, they are jointly and Accounting Standards Board revised certain Service, Ogden, UT 84201-0027. individually liable for the penalty. generally accepted accounting principles There are also penalties—fines and relating to contributions received and imprisonment—for willfully not filing returns and contributions awarded by not-for-profit for filing fraudulent returns and statements with organizations. the IRS (sections 7203, 7206, and 7207).
General Instructions for Form 990 and Form 990-EZ Page 5
There are also penalties for failure to comply of account. See the Note in the instructions for capacity, that receives a payment made as a with public disclosure requirements as line 1d (line 1, instruction D for Form 990-EZ). contribution is treated as the donee discussed in General Instruction M. States may organization for purposes of section 170(f)(8), impose additional penalties for failure to meet Substantiation requirements for even if the organization distributes the amount their separate filing requirements. See also the certain contributions received to one or more organizations discussion of the trust fund recovery penalty A donor that makes a charitable contribution described in section 170(c). under Form 941, General Instruction D. of $250 or more will not be allowed a Federal See also Publication 1771 and Regulations income tax deduction under section 170 unless section 1.170A-13 that discuss the provisions L. Contributions—Solicitations of the donor obtains, contemporaneously with of the law. Nondeductible Contributions, giving the charitable contribution, a written It is the responsibility of the donor to obtain, Keeping Fundraising Records, acknowledgment (receipt) from the donee and keep as part of its records, a written organization (section 170(f)(8)). Taxpayers acknowledgment substantiating its contribution. Noncash Contributions, and (donors) may not rely solely on a cancelled However, future regulations will provide Substantiation and Disclosure check as substantiation for a donation of $250 guidance to organizations on how they can Requirements or more to a donee organization. An provide substantiation information directly to acknowledgment is considered to be the IRS. If the donee organizations do so, Solicitations of nondeductible “contemporaneous” with a donor's contribution donors will not have to substantiate their contributions if it is obtained by the earlier of the date on contributions separately. which the donor files a tax return for the tax Donors must continue to file Form 8283, Any fundraising solicitation by or on behalf of year in which the contribution was made or the Noncash Charitable Contributions, if their any section 501(c) organization that is not due date, including extensions, for filing that deduction for all noncash gifts is more than eligible to receive contributions deductible as return. $500. charitable contributions for Federal income tax The acknowledgment the donee gives to the Disclosure requirements for quid pro quo purposes must include an explicit statement donor does not have to be in any particular contributions.— If a charitable organization that contributions or gifts to it are not deductible form but it must show (a) the amount of cash solicits or receives a contribution of more than as charitable contributions. The statement must contributed and (b) a description (but not value) $75 for which the organization gives the donor be in an easily recognizable format whether the of any property contributed, other than cash. something in return (a quid pro quo solicitation is made in written or printed form, Further, the acknowledgment must (c) describe contribution) the organization must inform the by television or radio, or by telephone. This and show the value, estimated in good faith by donor, by written statement, that the amount provision applies only to those organizations the donee, of any goods or services the donee of the contribution deductible for Federal whose annual gross receipts are normally more gave in return for the contribution. A false income tax purposes is limited to the excess than $100,000 (section 6113). substantiation acknowledgment may subject over the value of the goods or services Failure to disclose that contributions are not the donee organization to section 6701 received by the donor. deductible could result in a penalty of $1,000 penalties for aiding and abetting an The written statement must also provide the for each day on which a failure occurs. The understatement of tax liability. donor with a good-faith estimate of goods or maximum penalty for failures by any If the donor did not receive any goods or services given in return for the contribution. A organization, during any calendar year, shall services from the donee organization in return written statement is not required if an not exceed $10,000. In cases where the failure for its contribution, the donee's written organization gave the donor goods or services to make the disclosure is due to intentional acknowledgment must state that fact. If the of insubstantial value. See the Form 990, line disregard of the law, the $10,000 limitation donor received only goods and services of 1 “In General” instructions that discuss does not apply and more severe penalties insubstantial value in return for its contribution, benefits of nominal value. See Form 990-EZ apply. No penalty will be imposed if the failure the donee's written acknowledgment need not instructions for line 1, A2. is due to reasonable cause. state a value for such goods and services. See A “quid pro quo contribution” is a payment Keeping fundraising records Rev. Procs. 90-12, 1990-1 C.B. 471, and that is given both as a contribution and as a 95-53, 1995-2 C.B. 445 (and any successor payment for goods or services provided by the Section 501(c) organizations that are eligible to documents) and Line 1 instructions for both donee organization. A quid pro quo contribution receive tax-deductible contributions under Form 990 and Form 990-EZ for a discussion does not include any payment to an section 170(c) of the Code must keep sample of benefits of nominal value. organization, organized exclusively for religious copies of their fundraising materials, such as If the donee organization provided goods or purposes, solely for intangible religious benefits dues statements or other fundraising services consisting solely of intangible religious not generally sold in a commercial transaction solicitations, tickets, receipts, or other evidence benefits, the donee must make a statement to (section 6115). of payments received in connection with that effect instead of providing an estimated An organization that fails to make the fundraising activities. If organizations advertise valuation. An “intangible religious benefit” must required disclosure for each quid pro quo their fundraising events, they must keep be (a) provided by an organization organized contribution will incur a penalty of $10 for each samples of the advertising copy. If they use exclusively for religious purposes and (b) not such failure, not to exceed $5,000 for a radio or television to make their solicitations, generally sold in a commercial transaction. particular fundraising event or mailing, unless they must keep samples of scripts, transcripts, The donee organization may either provide it can show reasonable cause for not providing or other evidence of on-air solicitations. If separate statements for each contribution of such disclosure (section 6714). organizations use outside fundraisers, they $250 or more from a donor, or furnish periodic must keep samples of the fundraising materials statements substantiating contributions of $250 M. Public Inspection of Completed used by the outside fundraisers. For each or more. fundraising event, organizations must keep Exempt Organization Returns and records to show that portion of any payment Separate payments are regarded as Approved Exemption Applications received from patrons that is not deductible; independent contributions and are not that is, the retail value of the goods or services aggregated for purposes of measuring the $250 threshold. If donations are made through Through the IRS received by the patrons. See “Disclosure requirements for quid pro quo contributions” payroll deductions, the deduction from each Forms 990, 990-EZ, and certain other below. paycheck is regarded as a separate payment. completed exempt organization returns are If the donation is made by means of available for public inspection and copying Noncash contributions withholding from a taxpayer's wages and upon request. Approved applications for payment by the taxpayer's employer to a donee exemption from Federal income tax are also To report contributions received in a form other organization, it may be substantiated by both— available. However, the IRS may not disclose than cash, use the market value as of the date portions of an application relating to any trade of the contribution. For marketable securities 1. A pay stub, Form W-2, or other document furnished by the employer that sets forth the secrets, etc., nor can the IRS disclose the registered and listed on a recognized securities schedule of contributors required as an exchange, measure market value by the amount withheld by the employer for the purpose of payment to a donee organization; attachment for line 1 of Form 990 and Form average of the highest and lowest quoted 990-EZ (section 6104). selling prices (or the average between the bona and 2. A pledge card or other document prepared A request for inspection must be in writing fide bid and asked prices) on the contribution and must include the name and address (city date. See section 20.2031-2 of the Estate Tax by or at the direction of the donee organization that includes a statement to the effect that the and state) of the organization that filed the Regulations for rules to determine the value of return or application. A request to inspect a contributed stocks and bonds. When market organization does not provide goods or services in whole or partial consideration for return should indicate the type (number) of the value cannot be readily determined, use an return and the year(s) involved. The request appraised or estimated value. any contributions made to the organization by payroll deduction. should be sent to the District Director To determine the amount of any noncash (Attention: Disclosure Officer) of the district in contribution that is subject to an outstanding An organization described in section 170(c), or an organization that is a Principal Combined which the requester desires to inspect the debt, subtract the debt from the property's fair return or application. If inspection at the IRS market value. Record the asset at its full value Fund Organization for purposes of the Combined Federal Campaign and acting in that National Office is desired, the request should and record the debt as a liability in the books be sent to the Commissioner of Internal
Page 6 General Instructions for Form 990 and Form 990-EZ
Revenue, Attention: Freedom of Information Furnishing copies of documents under in section 501(c)(3) (except private Reading Room, 1111 Constitution Avenue, TBOR2.— An organization must furnish a copy foundations) and section 501(c)(4). NW, Washington, DC 20224. of its Form 990, Form 990-EZ, or exemption “Excess benefit transactions” include Use Form 4506-A to request a copy or to application, and certain related documents, if transactions in which a disqualified person inspect an exempt organization return through a request is made in writing or in person. For receives the benefit of a non-fair-market-value the IRS. There is a fee for photocopying. a request made in person, the organization transaction with an organization or receives must make an immediate response. For a unreasonable compensation, as well as Through the Organization response to a written request, the organization financial arrangements under which a must provide the requested copies within 30 disqualified person receives payment based on Annual return days. The organization must furnish copies of the organization's income in a transaction that its Forms 990, or Forms 990-EZ, for any of its violates the prohibition against private An organization must, during the 3-year period 3 most recent taxable years. No charge is to inurement under section 501(c)(3) or section beginning with the due date (including be made other than charging a reasonable fee 501(c)(4). extensions, if any), of the Form 990, or Form for reproduction and mailing costs. An 990-EZ, make its return available for public Existing tax-law standards (see section 162) organization need not provide copies if (1) the apply to determine reasonableness of inspection upon request. All parts of the return organization has made the requested and all required schedules and attachments, compensation and fair market value. The total documents widely available in a manner compensation package, including the amount other than the schedule of contributors to the provided in Treasury regulations or (2) the organization, must be made available. of any reimbursement, must be reasonable. Secretary of the Treasury determined, upon There is a rebuttable presumption that a Inspection must be permitted during regular application by the organization, that the business hours at the organization's principal compensation arrangement with a disqualified organization was subject to a harassment person is reasonable if the board of directors office and at each of its regional or district campaign such that a waiver of the obligation offices having three or more employees. or trustees approving the compensation are (1) to provide copies would be in the public individuals unrelated to and not subject to the This provision applies to any organization interest. control of the disqualified person(s), and who that files Form 990, or Form 990-EZ, Penalty for failure to allow public inspection (2) relied upon comparative data (e.g., regardless of the size of the organization and or provide copies.— The section 6685 penalty compensation paid by similar organizations, whether or not it has any paid employees. for willful failure to allow public inspections or etc., and (3) documented the basis for their If an organization furnishes additional provide copies is increased from the determination. information to the IRS to be made part of its present-law level of $1,000 to $5,000 by In determining whether such payments or return, as a result of an examination or TBOR2. transactions are, in fact, compensation, the correspondence from the service center, it relevant factors include whether the must also make that information part of the Effective date of TBOR2.— These public inspection provisions governing tax-exempt appropriate decision-making body approved return it provides for public inspection. the transfer as compensation in accordance organizations under TBOR2 generally apply to If the organization does not maintain a requests made no earlier than 60 days after the with established procedures and whether the permanent office, it must provide a reasonable date on which the Treasury Department organization and the recipient reported the location for a requester to inspect the publishes the regulations required under the transfer (except in the case of nontaxable organization's annual returns. The organization provisions. However, Congress, in the fringe benefits) as compensation on the may mail the information to a requester. legislative history of TBOR2, indicated that relevant forms (i.e., the organization's Form However, the organization can charge for organizations would comply voluntarily with the 990, or Form 990-EZ, the Form W-2 or Form copying and postage only if the requester gives public inspection provisions prior to the 1099 provided by the organization to the up the right to a free inspection (Notice 88-120, issuance of such regulations. recipient, the recipient's income tax return, and 1988-2 C.B. 454). other required returns). Any person who does not comply with the N. Disclosures Regarding Certain For purposes of determining reasonable public inspection requirement will be assessed compensation, the payment of personal a penalty of $20 for each day that inspection Information and Services Furnished expenses and benefits to or for the benefit of was not permitted, up to a maximum of disqualified persons and non-fair-market- value $10,000 for each return. No penalty will be A section 501(c) organization that offers to sell transactions benefiting such persons are imposed if the failure is due to reasonable or solicits money for specific information or a treated as compensation only if it is clear that cause. Any person who willfully fails to comply routine service for any individual that could be the organization intended the payments as will be subject to an additional penalty of obtained by such individual from a Federal compensation for services. $1,000 (sections 6652(c) and 6685). government agency free or for a nominal If an organization does not treat taxable charge must disclose that fact conspicuously benefits received by a disqualified person as Exemption application when making such offer or solicitation. Any compensation, these amounts could be treated Any section 501(c) organization that submitted organization that intentionally disregards this as an excess benefit with the requirement that an application for recognition of exemption to requirement will be subject to a penalty for they be repaid even if the unreported benefit the Internal Revenue Service after July 15, each day on which the offers or solicitations are plus reported compensation was less than the 1987, must make available for public inspection made. The penalty imposed for a particular day fair market value of the services provided. Any a copy of its application (together with a copy is the greater of $1,000 or 50% of the total cost reimbursement of the excise tax liability of a of any papers submitted in support of its of the offers and solicitations made on that day disqualified person or organization manager application) and any letter or other document which lacked the required disclosure. will be treated as an excess benefit unless (1) issued by the Internal Revenue Service in the organization treats the reimbursement as response to the application. An organization O. Disclosures Regarding Certain compensation during the year the that submitted its exemption application on or Transactions and Relationships reimbursement is made, and (2) the total before July 15, 1987, must also comply with compensation to that person, including the this requirement if it had a copy of its In their annual returns on Schedule A (Form 990), section 501(c)(3) organizations must reimbursement, is reasonable. application on July 15, 1987. As in the case of “Disqualified person” means any individual annual returns, the copy of the application and disclose information regarding their direct or indirect transfers to, and other direct or indirect in a position to exercise substantial influence related documents must be made available for over the affairs of the organization, whether as inspection during regular business hours at the relationships with, other section 501(c) organizations (except other section 501(c)(3) an organization manager or otherwise. organization's principal office and at each of its In addition, “disqualified persons” include regional or district offices having at least three organizations) or section 527 political organizations. This provision helps prevent the certain family members and 35%-owned employees. entities of a disqualified person, as well as any If the organization does not have a diversion or expenditure of a section 501(c)(3) organization's funds for purposes not intended person who was a disqualified person at any permanent office, it must provide a reasonable time during the 5-year period prior to the location for the inspection of both its annual by section 501(c)(3). All section 501(c)(3) organizations must maintain records regarding transaction at issue. returns and exemption application. The Family members are determined under information may be mailed. See the reference all such transfers, transactions, and relationships. See also General Instruction K section 4946(d), except that such members to Notice 88-120 above under Annual return. also would include siblings (whether by whole The organization need not disclose any portion regarding penalties. or half blood) of the individual and spouses of of an application relating to trade secrets, etc., that would not also be disclosable by the IRS. P. Excess Benefit Transactions such siblings. The Taxpayer Bill of Rights (TBOR2), P.L. “35%-owned entities” mean corporations in The penalties for failure to comply with this which disqualified persons own stock provision are the same as those under Annual 104-168, was enacted July 30, 1996. It imposes section 4958 excise taxes on excess possessing more than 35% of the combined return above, except that the $10,000 voting power as well as partnerships and trusts limitation does not apply. benefit transactions. These new excise taxes are to be paid by certain individuals who are or estates in which disqualified persons own closely connected with organizations described more than 35% of the profits interest or beneficial interest.
General Instructions for Form 990 and Form 990-EZ Page 7
“Combined voting power” includes voting 2. Subject to the central organization's Signature.— To make the return complete, an power represented by holdings of voting stock, general supervision or control, officer of the organization authorized to sign it actual or constructive, but does not include 3. Exempt from tax under a group exemption must sign in the space provided. For a voting rights held only as a director or trustee. letter that is still in effect, and corporation, or association, this officer may be See Regulations section 53.4946-1(a)(5). 4. Have the same accounting period as the the president, vice president, treasurer, A disqualified person who benefits from an central organization. assistant treasurer, chief accounting officer, or excess benefit transaction is subject to a If the parent organization is required to file other corporate, or association officer, such as first-tier penalty tax equal to 25% of the amount a return for itself, it must file a separate return a tax officer. A receiver, trustee, or assignee of the excess benefit (i.e., the amount by which and may not be included in the group return. must sign any return he or she files for a a transaction differs from fair market value, the See General Instruction B for a list of corporation or association. For a trust, the amount of compensation exceeding reasonable organizations not required to file. authorized trustee(s) must sign. compensation, or the amount of a prohibited Every year, each local organization must Generally, anyone who is paid to prepare transaction based on the organization's gross authorize the central organization in writing to the return must sign it in the Paid Preparer's or net income). Organization managers who include it in the group return and must declare, Use Only area. participate in an excess benefit transaction under penalty of perjury, that the authorization The paid preparer must: knowing that it is an improper transaction are and the information it submits to be included in ● Sign the return, by hand, in the space subject to a first-tier penalty tax of 10% of the the group return are true and complete. provided for the preparer's signature (signature amount of the excess benefit (subject to a If the central organization prepares a group stamps and labels are not acceptable). maximum penalty of $10,000). Second-tier return for its affiliated organizations, check the ● Enter the preparer's social security number taxes may be imposed on a disqualified person “Yes” box in item H(a), in the heading of Form or employer identification number only if the if there is no correction of the excess benefit 990, and indicate the number of organizations Form 990, or Form 990-EZ, is for a section transaction within a specified time period. In for which the group return is filed in item H(b). 4947(a)(1) nonexempt charitable trust that is such cases, the disqualified person is subject Attach either (1) a schedule showing the name, not filing Form 1041. to a penalty tax equal to 200% of the amount address, and employer identification number ● Complete the required preparer information. of excess benefit. For this purpose, the term (EIN) of each affiliated organization included, ● Give a copy of the return to the organization. “correction” means undoing the excess benefit or (2) a statement indicating that the group to the extent possible and taking any additional Leave the paid preparer's space blank if the return includes all affiliated organizations return was prepared by a regular employee of measures necessary to place the organization covered by the group ruling. In item I, indicate in a financial position not worse than that in the filing organization. the group exemption number (GEN). When which it would be if the disqualified person preparing the return, be sure not to confuse the Recordkeeping.— The organization's records were dealing under the highest fiduciary four-digit group exemption number (GEN) in should be kept for as long as they may be standards. item I with the nine-digit employer identification needed for the administration of any provision The intermediate sanctions for “excess number in item D of the form's heading. of the Internal Revenue Code. Usually, records benefit transactions” may be imposed by the that support an item of income, deduction, or The central organization should send the credit must be kept for 3 years from the date IRS in lieu of (or in addition to) revocation of annual information required to maintain a group an organization's tax-exempt status. If more the return is due or filed, whichever is later. exemption letter to: Ogden Service Center, Mail Keep records that verify the organization's than one disqualified person or manager is Stop 6271, 1000 South 1200 West, Ogden, UT liable for a penalty excise tax, then all such basis in property for as long as they are 84404-4749. See Rev. Proc. 96-40, 1996–32 needed to figure the basis of the original or persons are jointly and severally liable for such I.R.B. 8. tax. replacement property. An affiliated organization covered by a group The organization should also keep copies The new section 4958 excise taxes apply to ruling may file a separate return instead of excess benefit transactions occurring on or of any returns it has filed. They help in being included in the group return. In such preparing future returns and in making after September 14, 1995. They do not apply, case, check the “Yes” box in item H(c), in the however, to any benefit arising from a computations when filing an amended return. heading of Form 990, and enter the group transaction pursuant to any written contract that exemption number in item I. Rounding Off to Whole Dollars.— You may was binding on September 13, 1995, and show money items as whole-dollar amounts. continued in force through the time of the Parts IV-A and IV-B of Form 990 do not have Drop any amount less than 50 cents and transaction. to be completed on group returns. increase any amount from 50 through 99 cents Persons liable for the section 4958 tax must to the next higher dollar. file Form 4720 to report and pay the tax. See S. Organizations in Foreign Completing All Lines.— Unless the the instructions for lines 89b - 89d of Form 990 Countries and U.S. Possessions organization is permitted to use certain DOL (lines 40b - 40d of Form 990-EZ) which discuss Refer to General Instruction B for filing forms or Form 5500 series returns as partial the required reporting of both the excess exemption for foreign organizations with substitutes for Form 990, or Form 990-EZ, (see benefit transactions and the excise taxes paid. $25,000 or less in gross receipts from U.S. General Instruction F), do not leave any sources. applicable lines blank or attach any other forms Q. Erroneous Backup Withholding Report amounts in U.S. dollars and state or schedules instead of entering the required Recipients of dividend or interest payments what conversion rate you use. Combine information on the appropriate line on Form generally must certify their correct taxpayer amounts from within and outside the United 990 or Form 990-EZ. identification number to the bank or other payer States and report the total for each item. All Assembling Form 990 or Form 990-EZ.— on Form W-9, Request for Taxpayer information must be written in English. Before filing the Form 990, or Form 990-EZ, Identification Number and Certification. If the assemble the package of forms and payer does not get this information, it must T. Public Interest Law Firms attachments in the following order: withhold part of the payments as “backup A public interest law firm exempt under section ● Form 990 or Form 990-EZ withholding.” If the organization was subject to 501(c)(3) or 501(c)(4) must attach a statement ● Schedule A (Form 990). The requirement to erroneous backup withholding because the that lists the cases in litigation, or that have attach Schedule A (Form 990) applies to ALL payer did not realize it was an exempt been litigated during the year. For each case, section 501(c)(3) organizations and ALL organization and not subject to this withholding, describe the matter in dispute and explain how section 4947(a)(1) nonexempt charitable trusts it can claim credit on Form 990-T for the the litigation will benefit the public generally. that file Form 990 or Form 990-EZ. amount withheld. See the Instructions for Form Also attach a report of all fees sought and ● Attachments to Form 990 or Form 990-EZ 990-T. Claims for refund must be filed within 3 recovered in each case. See Rev. Proc. 92-59, ● Attachments to Schedule A (Form 990) years after the date the original return was due; 1992-2 C.B. 411. 3 years after the date the organization filed it; Attachments.— Use the schedules on the or 2 years after the date the tax was paid, official form unless you need more space. If U. Requirements for a Properly you use attachments, they must: whichever is later. Completed Form 990 or Form 1. Show the form number and tax year; R. Group Return 990-EZ 2. Show the organization's name and Public Inspection.— All information the employer identification number; If a parent organization wants to file a group return for two or more of its subsidiaries, it must organization reports on or with its Form 990, 3. Identify clearly the Part or line(s) to which use Form 990. The parent organization cannot or Form 990-EZ, including attachments, will be the attachments relate; use a Form 990-EZ for the group return. available for public inspection, except the 4. Include the information required by the A central, parent, or “like” organization can schedule of contributors required for line 1, Part form and use the same format as the form; file a group return on Form 990 for two or more I, of either form. Please make sure the forms 5. Follow the same Part and line sequence local organizations that are: and attachments are clear enough to as the form; and 1. Affiliated with the central organization at photocopy legibly. 6. Be on the same size paper as the form. the time its annual accounting period ends,
Page 8 General Instructions for Form 990 and Form 990-EZ
address of its principal office. The IRS will Contributions can arise from special advise the organization which number to use. events when an excess payment is Specific Instructions for Section 501(c)(9) voluntary employees' received for items offered beneficiary associations must use their own Form 990 employer identification number and not the Special fundraising activities such as dinners, number of their sponsor. door-to-door sales of merchandise, carnivals, Note: See also the General Instructions that and bingo games can produce both apply to both the Form 990 and Form 990-EZ. contributions and revenue. If a buyer, at such Item E—State registration number an event, pays more for goods or services than See General Instruction E. their retail value, report, as a contribution, both Contents Page • Completing the Heading of Form 990............... 9 Item F—Application pending on line 1a and on line 9a (within the parentheses), any amount paid in excess of the Part I—Revenue, Expenses, and Changes in If the organization's application for exemption retail value. This situation usually occurs when Net Assets............................................................ 9 is pending, check this box and complete the organizations seek public support through Part II—Statement of Functional Expenses ........ 13 return. solicitation programs that are both special Part III—Statement of Program Service events or activities and solicitations for Accomplishments ................................................. 16 Item G—Type of organization contributions. Part IV—Balance Sheets ..................................... 16 If the organization is exempt under section Example. An organization announces that 501(c), check the applicable box and insert, anyone who contributes at least $40 to the Parts IV-A and IV-B—Reconciliation Statements. 18 within the parentheses, the number that organization can choose to receive a book Part V—List of Officers, Directors, Trustees, and identifies the type of section 501(c) worth $16 retail value. A person who gives $40, Key Employees .................................................... 18 organization the filer is. See the chart in and who chooses the book, is really purchasing Part VI—Other Information .................................. 19 General Instruction C. If the organization is a the book for $16 and also making a contribution Part VII—Analysis of Income-Producing section 4947(a)(1) nonexempt charitable trust, of $24. The contribution of $24, which is the Activities ............................................................... 22 check the applicable box and note the difference between the buyer's payment and Part VIII—Relationship of Activities to the discussion regarding Schedule A (Form 990) the $16 retail value of the book, would be Accomplishment of Exempt Purposes................. 23 and Form 1041 in General Instruction D and reported on line 1a and again on the the instructions to line 92 of Form 990. description line of 9a (within the parentheses). Exclusion Codes .................................................. 24 The revenue received ($16 retail value of the Item H—Group return, etc. book) would be reported in the amount column Completing the Heading of Form See General Instruction R. on line 9a. 990 If a contributor gives more than $40, that Item I—Group exemption number person would be making a larger contribution, The instructions that follow are keyed to items the difference between the book's retail value in the heading for Form 990. Enter the four-digit group exemption number (GEN) if you checked a “Yes” box in item H. of $16 and the amount actually given. Rev. Rul. Contact the central/parent organization if you 67-246, 1967-2 C.B. 104, explains this principle Item A—Accounting period in detail. See also the line 9 instructions and are unsure of the GEN assigned. Use the 1996 Form 990 to report on a calendar Publication 1391. year accounting period beginning January 1, Item J—Accounting method The expenses directly relating to the sale of 1996, and ending December 31, 1996. the book would be reported on line 9b. Also, use the 1996 Form 990 to report on An organization must indicate the method of accounting used in preparing this return. See However, the expenses of raising contributions an accounting period other than a calendar (that were entered within the parentheses of year (either a fiscal year that began in 1996 or General Instruction G. line 9a and on line 1a) would be reported in a short period (less than 12 months) that began Item K—Gross receipts of $25,000 or Fundraising, column (D), Part II, and on line 15 in 1996). You must show the month and day in of Part I. 1996 that your fiscal year began or the short less Note: At the time of any solicitation or period began. You must also show the day, Check this box if the organization's gross payment, organizations that are eligible to month, and year your fiscal year or short period receipts are normally not more than $25,000. receive tax-deductible contributions should ended. See General Instruction G. However, see General Instruction A, if you advise patrons of the amount deductible for received a Form 990 Package, and note the Federal tax purposes. See General Instruction Item B—Checkboxes discussion on gross receipts in General L. Change of address.— If the organization Instruction B. changed its address since it filed its previous Contributions can arise from special return, check this box. Part I—Revenue, Expenses, and events when items of only nominal Initial return.— If this is the organization's Changes in Net Assets or Fund value are given or offered initial return, check this box. Balances If an organization offers goods or services of Final return.— If this is a final return, check All organizations filing Form 990 with the IRS only nominal value through a special event or this box. See also the instructions for line 79, or any state must complete Part I. Some states distributes free, unordered, low-cost items to Part VI, Other Information. that accept Form 990 in place of their own patrons, report the entire amount received for Amended return.— If this is an amended forms require additional information. such benefits as a contribution on line 1a return, check this box. See General Instruction (direct public support). Report all related J for more details on amending a return. Line 1—In General expenses in Fundraising, column (D), Part II. Benefits have a nominal value when: Item C—Name and address Contributions, gifts, grants, and similar 1. The benefit's fair market value is not more If we mailed the organization a Form 990 amounts received than 2% of the payment, or $67, whichever is Package with a preaddressed mailing label, less; or Reporting for line 1, in accordance with SFAS 2. The payment is $33.50 or more; the only please attach the label in the name and 116, is acceptable for Form 990 purposes, but address space on the return. Using the label benefits received are token items bearing the not required by IRS. However, see General organization's name or symbol; and the helps us avoid errors in processing the return. Instruction E. If any information on the label is wrong, draw organization's cost (as opposed to fair market a line through that part and correct it. An organization that receives a grant to be value) is $6.70 or less for all benefits received paid in future years should, according to SFAS by a donor during the calendar year. These Include the suite, room, or other unit number 116, report the grant's present value on line 1. after the street address. If the Post Office does amounts are adjusted annually for inflation. Accruals of present value increments to the See Rev. Proc. 95-53 cited also in General not deliver mail to the street address and the unpaid grant should also be reported on line 1 organization has a P.O. box, show the box Instruction L. in future years. number instead of the street address. On lines 1a through 1c, report amounts Section 501(c)(3) organizations Item D—Employer identification received as voluntary contributions; that is, Correctly dividing gross receipts from special number payments, or the part of any payment, for events into revenue and contributions is which the payer (donor) does not receive full especially important for a section 501(c)(3) The organization should have only one Federal retail value (fair market value) from the employer identification number. If it has more organization that claims public support as recipient (donee) organization. (For grants, see described in section 170(b)(1)(A)(vi) or section than one and has not been advised which to Grants that are equivalent to contributions, use, notify the Internal Revenue Service, 509(a)(2). In the public support computations below.) Report all expenses of raising of these Code sections, the revenue portion of Ogden, UT 84201-0027. State what numbers contributions in Fundraising, column (D), Part the organization has, the name and address to gross receipts may be (a) excluded entirely, (b) II, and on line 15 of Part I. treated as public support, or (c) if the revenue which each number was assigned, and the
Specific Instructions for Form 990 Page 9
represents unrelated trade or business income, public. Include amounts received from 3. Payments to child placement or child treated as nonpublic support. individuals, trusts, corporations, estates, and guidance organizations under government Section 501(c)(3) organizations must foundations. Also include contributions and programs serving children in the community. separate gross receipts from special events grants from public charities and other exempt The general public gets the primary and direct into revenue and contributions when preparing organizations that are neither fundraising benefit from these payments and any benefit the Support Schedule in Part IV-A of Schedule organizations nor affiliates of the filing to the governmental unit itself would be indirect A (Form 990). organization. See the instructions for line 1b. and insubstantial as compared to the public Membership dues.— Report on line 1a benefit. Section 501(c)(9), (17), and (18) membership dues and assessments that organizations represent contributions from the public rather Line 1d—Total contributions, etc. These organizations provide participants with than payments for benefits received or Enter the total of amounts reported on lines 1a life, sickness, accident, welfare, and payments from affiliated organizations. See the through 1c. In the entry spaces in the unemployment insurance, pensions, or similar instructions for line 3. description column for line 1d, enter the benefits, or a combination of these benefits. Government contributions (grants).— separate totals for cash and noncash When such an organization receives payments Report government grants on line 1c if they contributions, gifts, grants, and similar amounts from participants or their employers to provide represent contributions, or on line 2 (and on received. The total of the two amounts must these benefits, report the payments on line 2 line 93(g) of Part VII), if they represent fees for equal the total on line 1d. as program service revenue, rather than on line services. See the instructions in the paragraphs Report as cash contributions, etc., only 1 as contributions. entitled Grants that are equivalent to contributions, etc., received in the form of cash, contributions under Line 1—In General, and checks, money orders, credit card charges, Donations of services are not the instructions for line 1c. wire transfers and other transfers and deposits contributions Commercial co-venture.— Report amounts to a cash account of the organization. If your contributed by a commercial co-venture on line organization records pledges as contributions, In Part I, do not include the value of services etc., at the time the pledges are made (rather donated to the organization, or items such as 1a as a contribution received directly from the public. These are amounts received by an than when the pledges are collected), include the free use of materials, equipment, or as cash contributions, etc., only those pledges facilities as contributions on line 1. See the organization (donee) for allowing an outside organization (donor) to use the donee's name actually collected in cash during the year and instructions for Part III and for Part VI, line 82, pledges uncollected at the end of the year that for the optional reporting of such amounts in in a sales promotion campaign. In such a campaign, the donor advertises that it will are reasonably expected to be paid in cash in Parts III and VI. a later year. Report all other contributions, etc., contribute a certain dollar amount to the donee Grants that are equivalent to organization for each unit of a particular as noncash contributions, etc., in the space product or service sold or for each occurrence provided. See General Instruction L for a contributions discussion of Noncash contributions. Noncash of a specific type. Grants that encourage an organization Contributions received through special contributions do not include donated services, receiving the grant to carry on programs or events.— Report contributions received which may be reported on line 82 and in the activities that further its exempt purposes are through special events on line 1a. See the narrative section of Part III. grants that are equivalent to contributions. preceding line 1 instructions and the Noncash contributions, etc., from persons Report them on line 1. The grantor may require instructions for line 9. required to be listed in the schedule of that the programs of the grant recipient contributors (see following instructions) must (grantee) conform to the grantor's own policies Line 1b—Indirect public support be described fully. and may specify the use of the grant, such as Schedule of contributors (not open to public use for the restoration of a historic building or Enter the total contributions received indirectly from the public through solicitation campaigns inspection). See the Caution below. Attach a a voter registration drive. schedule listing each contributor who gave the A grant is still equivalent to a contribution if conducted by federated fundraising agencies and similar fundraising organizations (such as organization, directly or indirectly, money, the grant recipient provides a service or makes securities, or other property worth $5,000 or a product that benefits the grantor incidentally. a United Way organization and certain sectarian federations). These organizations more during the year. If no one contributed (See examples in the line 1c instructions.) $5,000 or more, the organization does not need However, a grant is a payment for services, normally conduct fundraising campaigns within a single metropolitan area or some part of a to attach a schedule. On the schedule, show and not a contribution, if the grant requires the each contributor's name and address and the grant recipient to provide that grantor with a particular state and allocate part of the net proceeds to each participating organization on total amount that each contributed. In the case specific service, facility, or product rather than of noncash contributions, also show the date to give a direct benefit primarily to the general the basis of the donors' individual designations and other factors. received. Contributors include individuals, public or to that part of the public served by the fiduciaries, partnerships, corporations, organization. In general, do not report as Include on line 1b amounts contributed by other organizations closely associated with the associations, trusts, or exempt organizations. contributions any payments for a service, See also General Instruction G which facility, or product that primarily give some reporting organization. This includes contributions received from a parent discusses the effect of a section 481(a) economic or physical benefit to the payer adjustment required by changes in method of (grantor). organization, subordinate, or another organization with the same parent. National accounting on this list of contributors. Example. A public interest organization If an employer withholds contributions from described in section 501(c)(4) makes a grant organizations that share in fundraising campaigns conducted by their local affiliates employees' pay and periodically gives them to to another organization to conduct a nationwide the organization, report only the employer's survey to determine voter attitudes on issues should report the amount they receive on line 1b. name and address and the total amount given of interest to the grantor. The grantor plans to unless you know that a particular employee use the results of the survey to plan its own Line 1c—Government contributions gave enough to be listed separately. program for the next 3 years. Under these In determining whether a contributor gave circumstances, since the survey serves the (grants) The general line 1 instructions, under the $5,000 or more, total that person's gifts of grantor's direct needs and benefits the grantor $1,000 or more. Do not include smaller gifts. If more than incidentally, the grant to the heading, Grants that are equivalent to contributions, apply to this item in particular. the contribution consists of property whose fair organization making the survey is not a market value can be determined readily (such contribution. The grant recipient should not A grant or other payment from a governmental unit is treated as a contribution if its primary as market quotations for securities), describe report the grant as a contribution but should the property and list its fair market value. report it on line 2 as program service revenue. purpose is to enable the donee to provide a service to, or maintain a facility for, the direct Otherwise, describe the property and estimate Treat research to develop products for the its value. Show the date noncash contributions payer's use or benefit as directly serving the benefit of the public rather than to serve the direct and immediate needs of the grantor even were received. payer. However, generally, basic research or Note: If the organization qualifies to receive studies in the physical or social sciences if the public pays part of the expense of providing the service or facility. tax-deductible charitable contributions and it should not be treated as serving the payer's receives contributions of property (other than needs. The following are examples of governmental publicly traded securities) whose fair market See Regulations section 1.509(a)-3(g) to grants and other payments that are treated as value is more than $5,000, the organization determine if a grant is a contribution reportable contributions: should receive a partially completed Form 8283 on line 1 or a revenue item reportable 1. Payments by a governmental unit for the from the contributor. If the organization elsewhere on Form 990. construction or maintenance of library or receives a Form 8283, it should complete and hospital facilities open to the public, return it so the donor can get a charitable Line 1a—Direct public support 2. Payments under government programs to contribution deduction. The organization should Contributions, gifts, grants, and similar nursing homes or homes for the aged in order keep a copy of the completed Form 8283 for its amounts received.— Enter the gross amounts to provide health care or other services to their records. See also the reference to Form 8282 of contributions, gifts, grants, and bequests that residents, in General Instruction D. the organization received directly from the
Page 10 Specific Instructions for Form 990
If an organization meets either Exception 1 Program service revenue includes income Dues or assessments received that exceed or 2 below, some information in its schedule earned by the organization for providing a the value of available membership will vary from that described above. government agency with a service, facility, or benefits.— Whether or not membership product that benefited that government agency benefits are used, dues received by an Exception 1: directly rather than benefiting the public as a organization, to the extent they are more than An organization described in section 501(c)(3) whole. See the line 1c instructions for reporting the monetary value of the membership benefits that meets the 331/3% support test of the guidelines when payments are received from available to the dues payer, are a contribution Regulations under section 170(b)(1)(A)(vi) a government agency for providing a service, that should be reported on line 1a. See Rev. (whether or not the organization is otherwise facility, or product for the primary benefit of the Rul. 54-565, 1954-2 C.B. 95 and Rev. Rul. described in section 170(b)(1)(A)). general public. 68-432, 1968-2 C.B. 104. The schedule should give the above Program service revenue also includes: Dues received primarily for the information only for contributors whose gifts of tuition received by a school; revenue from organization's support.— If a member pays $5,000 or over are more than 2% of the amount admissions to a concert or other performing dues mainly to support the organization's reported on line 1d that the organization arts event or to a museum; royalties received activities and not to obtain benefits of more received during the year. as author of an educational publication than nominal monetary value, those dues are distributed by a commercial publisher; interest a contribution to the organization includible on Exception 2: income on loans a credit union makes to its line 1a. members; payments received by a section Examples of membership benefits.— These An organization described in section 501(c)(7), 501(c)(9) organization from participants, or (8), or (10) that received contributions or include subscriptions to publications, employers of participants, for health and newsletters (other than one about the bequests for use exclusively for religious, welfare benefits coverage; insurance premiums charitable, scientific, literary, or educational organization's activities only), free or received by a fraternal beneficiary society; and reduced-rate admissions to events the purposes, or the prevention of cruelty to registration fees received in connection with a children or animals (sections 170(c)(4), organization sponsors, the use of its facilities, meeting or convention. and discounts on articles or services that both 2055(a)(3), or 2522(a)(3)). The schedule should list each person whose Program-related investments.— Program members and nonmembers can buy. In figuring gifts total more than $1,000 during the year. service revenue also includes income from the value of membership benefits, do not Give the donor's name, the amount given, the program-related investments. These include intangible benefits, such as the right to gift's specific purpose, and the specific use to investments are made primarily to accomplish attend meetings, vote or hold office in the which it was put. If an amount is set aside for an exempt purpose of the investing organization, and the distinction of being a a religious, charitable, etc., purpose described organization rather than to produce income. member of the organization. above, explain how the amount is held; e.g., Examples are scholarship loans and low whether it is mingled with amounts held for interest loans to charitable organizations, Line 4—Interest on savings and other purposes. If the organization transferred indigents, or victims of a disaster. temporary cash investments the gift to another organization, name and Rental income from an exempt function is Enter the amount of interest income from describe the recipient and explain the another example of program-related savings and temporary cash investments relationship between the two organizations. investment income. When an organization reportable on line 46. So-called dividends or Also show the total gifts that were $1,000 or rents to an unaffiliated exempt organization at earnings received from mutual savings banks, less and were for a religious, charitable, etc., less than fair rental value for the purpose of money market funds, etc., are actually interest purpose. aiding that tenant's exempt function, the and should be entered on line 4. Caution: If the organization files a copy of reporting organization should report such rental Form 990, or Form 990-EZ, and attachments income as program service revenue on line 2. Line 5—Dividends and interest from with any state, do not include, in the See also the instructions for line 6a. For securities attachments for the state, the schedule of purposes of this return, report all rental income from an affiliated organization on line 2. Enter the amount of dividend and interest contributors discussed above unless the income from equity and debt securities (stocks schedule is specifically required by the state Unrelated trade or business activities.— Unrelated trade or business activities (not and bonds) of the type reportable on line 54. with which the organization is filing the return. Include amounts received from payments on States that do not require the information might including any special events or activities) that generate fees for services may also be securities loans, as defined in section nevertheless make it available for public 512(a)(5). Do not include any capital gains inspection along with the rest of the return. program service activities. A social club, for example, should report as program service dividends that are reportable on line 8. See the revenue the fees it charges both members and instructions for line 2 for reporting income from Lines 2 through 11 program-related investments. nonmembers for the use of its tennis courts Note: Do not enter any contributions on lines and golf course. 2 through 11. Enter all contributions on line 1. Line 6a—Gross rents If you enter contributions on lines 2 through 11, Sales of inventory items by hospitals, colleges, and universities.— Books and Enter on line 6a the rental income received for you will be unable to complete Part VII the year from investment property reportable correctly. Line 105 (the sum of amounts records maintained in accordance with generally accepted accounting principles for on line 55. Do not include on line 6a rental entered in columns (B), (D), and (E) for lines income related to the reporting organization's 93 through 103 of Part VII, Analysis of hospitals, colleges, and universities are more specialized than books and records maintained exempt function (program service). Report Income-Producing Activities) should match the such income on line 2. For example, an exempt total of amounts entered for correlating lines 2 according to those accounting principles for other types of organizations that file Form 990. organization whose exempt purpose is to through 11 of Part I. See the instructions for provide low-rental housing to persons with low Part VII. Accordingly, hospitals, colleges, and universities may report, as program service income would report that rental income as revenue on line 2, sales of inventory items program service revenue on line 2. Rental Line 2—Program service revenue income received from an unaffiliated exempt including government fees and otherwise reportable on line 10a. In that event, show the applicable cost of goods sold as organization is generally considered as contracts program service expense on line 13 of Part I unrelated to the reporting organization's Enter the total of program service revenue and in column (B) of Part II. All other exempt purpose and reportable on line 6a. (exempt function income) as reported in Part organizations, however, should not report sales However, note an exception given in the VII, lines 93(a) through (g), columns (B), (D), of inventory items on line 2. instructions for line 2 when the reporting and (E). Program services are primarily those organization aids an unaffiliated organization that form the basis of an organization's Line 3—Membership dues and with its exempt function. exemption from tax. For a more detailed assessments Only for purposes of completing this return, description of program services, refer to the the reporting organization must report any Enter members' and affiliates' dues and rental income received from an affiliated instructions for Part II, column (B), Program assessments that are not contributions. services. exempt organization as program service Dues and assessments received that revenue on line 2. Examples. A hospital would report on this line compare reasonably with available all of its charges for medical services (whether benefits.— When dues and assessments are Line 6b—Rental expenses to be paid directly by the patients or through received that compare reasonably with Medicare, Medicaid, or other third-party Enter the expenses paid or incurred for the membership benefits, report such dues and income reported on line 6a. Include interest reimbursement), hospital parking lot fees, room assessments on line 3. charges, laboratory fees for hospital patients, related to rental property and depreciation if it and related charges for services. Organizations described in section is recorded in the organization's books and 501(c)(5), (6), or (7) generally provide benefits records. Report in column (B) of Part II that have a reasonable relationship to dues, (Program services) any rental expenses although benefits to members may be indirect. allocable to rental income reportable as program service revenue on line 2.
Specific Instructions for Form 990 Page 11
Line 6c—Net rental income or (loss) established exchange and for which market Contributions from such an activity are Subtract line 6b from line 6a. Show any loss in quotations are published or otherwise readily reportable on line 1, and the related fundraising parentheses. available. expenses are reportable in column (D), Part II. Sweepstakes, raffles, and lotteries may Line 7—Other investment income Lines 9a through 9c—Special events produce revenue or contributions.— The and activities proceeds of solicitation campaigns in which the Enter the amount of investment income not names of contributors and other respondents reportable on lines 4 through 6 and describe On the appropriate line, enter the gross revenue, expenses, and net income (or loss) are entered in a drawing for the awarding of the type of income in the space provided or in prizes (so-called “sweepstakes” or “lotteries”) an attachment. The income should be the from all special events and activities, such as dinners, dances, carnivals, raffles, bingo are contributions, reportable on line 1, and the gross amount derived from investments related expenses are fundraising expenses, reportable on line 56. Include, for example, games, other gambling activities, and door-to-door sales of merchandise. These reportable in column (D) of Part II. However, royalty income from mineral interests owned raffles and lotteries in which a payment of at by the organization. However, do not include activities only incidentally accomplish an exempt purpose. Their sole or primary purpose least a specified minimum amount is required income from program-related investments. See for each entry are special events, reportable the instructions for line 2. Also do not include is to raise funds (other than contributions) to finance the organization's exempt activities. on line 9, unless the prizes awarded have only unrealized gains and losses on investments nominal value. Reporting payments in their carried at market value. See the instructions for This is done by offering goods or services that have more than a nominal value (compared to entirety as contributions when gifts or services line 20. given are nominal in value is discussed above. the price charged) for a payment that is more Lines 8a through 8d—Gains (or losses) than the direct cost of those goods or services. Attached schedule.— Attach a schedule from sale of assets other than The gross proceeds from gambling activities listing the three largest special events and other special events must be reported in conducted, as measured by gross receipts. inventory Describe each of these events and show for the amount column on line 9a without reduction Report, on lines 8a through 8c, all sales of for cash or noncash prizes, cost of goods sold, each event: the gross receipts; the amount of securities in column (A). Use column (B) to compensation, fees, or other expenses. contributions included in gross receipts (see report sales of all other types of investments Characterizing any required payment as a the instructions above); the gross revenue (such as real estate, royalty interests, or “donation” or “contribution” on tickets or on (gross receipts less contributions); the direct partnership interests) and all other advertising or solicitation materials does not expenses; and the net income (or loss) (gross noninventory assets (such as program-related affect how such payments should be reported revenue less direct expenses). investments and fixed assets used by the on Form 990 or Form 990-EZ. As discussed Include the same information, in total organization in its related and unrelated in the instructions for line 1, the amount of the figures, for all other special events held that activities). contribution is the excess of the amount paid were not among the three largest. Indicate the On line 8a, for each column, enter the total over the retail value of the goods or services type and number of the events not listed gross sales price of all such assets. Total the received by the payer. See also Publication individually (for example, three dances and two cost or other basis (less depreciation) and 1391. raffles). selling expenses and enter the result on line Special events may generate both revenue An example of this schedule of special 8b. On line 8c, enter the net gain or loss. and contributions.— Special events events might appear as follows: On lines 8a and 8c, also report capital gains sometimes generate both contributions and All dividends, the organization's share of capital revenue. When a buyer pays more than the Special Events: (A) (B) (C) Other Total gains and losses from a partnership, and retail value of the goods or services furnished, Gross Receipts $xx $xx $xx $xx $xx capital gains distributions from trusts. Indicate enter: xx xx xx xx xx the source on the schedule described below. Less: Contributions ● As gross revenue, on line 9a (in the amount Combine the gain and/or loss figures Gross Revenue xx xx xx xx xx column) the retail value of the goods or reported on line 8c, columns (A) and (B) and Less: Direct Expenses xx xx xx xx xx services, report that total on line 8d. Do not include any ● As a contribution, on both line 1a and line Net Income or (loss) $xx $xx $xx $xx $xx unrealized gains or losses on securities carried 9a (within the parentheses), the amount at market value in the books of account. See If you use the above schedule, report the received that exceeds the retail value of the total for Contributions on line 1a of Form 990 the instructions for line 20. goods or services given. For reporting sales of securities on Form and on line 9a (within the parentheses of the Report on line 9b only the expenses directly description line). Report the totals for Gross 990, you may use the more convenient attributable to the goods or services the buyer average cost basis method to figure the Revenue, in the amount column, on line 9a; receives from a special event. Fundraising Direct Expenses on line 9b; and Net Income organization's gain or loss. When a security is expenses attributable to contributions are sold, compare its sales price with the average or (loss) on line 9c. reportable in column (D), Part II. If you include cost basis of the particular security to an expense on line 9b, do not report it again Lines 10a through 10c—Gross profit determine gain or loss. However, generally, for on line 10b or in Part II. reporting sales of securities on Form 990-T, do or (loss) from sales of inventory not use the average cost basis to determine Example. At a special event, an Enter the gross sales (less returns and gain or loss. organization received $100 in gross receipts for allowances), cost of goods sold, and gross goods valued at $40. The organization entered profit or (loss) from the sale of inventory items. Nonpublicly traded securities and gross revenue of $40 on line 9a (in the amount noninventory items.— Attach a schedule These sales do not include items sold at column) and entered a contribution of $60 on special events that are reportable on line 9. showing the sale or exchange of nonpublicly both line 1a and line 9a (within the traded securities and the sale or exchange of Sales of inventory items reportable on line 10 parentheses). The contribution of $60 was the are sales of those items the organization either other assets that are not inventory items. The difference between the gross revenue of $40 schedule should show security transactions makes to sell to others or buys for resale. Sales and the gross receipts of $100. of investments on which the organization separately from the sale of other assets. Show for each of these assets: The expenses directly relating to the sale of expected to profit by appreciation and sale are ● Date acquired and how acquired, the goods would be reported on line 9b. not reported here. Report sales of investments However, all expenses of raising contributions on line 8. ● Date sold and to whom sold, would be reported in column (D), Part II. On line 10a, report gross sales revenue from ● Gross sales price, For more details about contributions and sales of inventory items, whether the sales ● Cost, other basis, or if donated, value at time revenue, see the line 1 instructions. See also activity is an exempt function of the acquired (state which), General Instruction L. organization or an unrelated trade or business. ● Expense of sale and cost of improvements Sales or gifts of goods or services of only On line 10b, report the cost of goods sold made after acquisition, and nominal value.— If the goods or services related to the sales of such inventory. The ● If depreciable property, depreciation since given or offered at special events have only usual items included in cost of goods sold are acquisition. nominal value, include all of the receipts as direct and indirect labor, materials and supplies Publicly traded securities.— On the attached contributions on line 1a and all of the related consumed, freight-in, and a proportion of schedule, for sales of publicly traded securities expenses as fundraising expenses on line 15 overhead expenses. Marketing and distribution through a broker, total the gross sales price, and in column (D) of Part II. See the line 1 costs are not included in cost of goods sold but the cost or other basis, and the expenses of instructions for a description of benefits of are reported in Part II, column (B), Program sale on all such securities sold, and report nominal value. These are adjusted annually for services. lump-sum figures in place of the detailed inflation. Attached schedule.— In an attached reporting required by the above paragraph. An activity may generate only schedule, give a breakdown of items sold; for Publicly traded securities include common and contributions.— An activity that generates example, sales of food, souvenirs, electronic preferred stocks, bonds (including only contributions, such as a solicitation equipment, uniforms, or educational governmental obligations), and mutual fund campaign by mail, is not a special event and publications. shares that are listed and regularly traded in should not be reported on line 9. an over-the-counter market or on an
Page 12 Specific Instructions for Form 990
Line 11—Other revenue purposes. Report these awards or grants on Columns (B), (C), and (D) Enter the total amount from Part VII, lines line 22, Grants and allocations. These columns are optional for all 103(a) through (e) (Other revenue), columns Membership dues paid to other organizations except section 4947(a)(1) (B), (D), and (E). This figure represents the organizations.— Report membership dues nonexempt charitable trusts and section total income from all sources not covered by paid to obtain general membership benefits, 501(c)(3) and (4) organizations. Section lines 1 through 10 of Part I. Examples of such as regular services, publications, and 4947(a)(1) nonexempt charitable trusts and income includible on line 11 are interest on materials, from other organizations as “Other section 501(c)(3) and (4) organizations must notes receivable not held as investments or as expenses” on line 43. This is the case, for complete columns (B), (C), and (D). program-related investments (defined in the example, if a charitable organization pays dues In Part II, the organization's expenses are line 2 instructions); interest on loans to officers, to a trade association comprised of otherwise designated by object classification (e.g., directors, trustees, key employees, and other unrelated members. salaries, legal fees, supplies, etc.) and employees; and royalties that are not Attached schedule.— Attach a schedule allocated into three functions: program services investment income or program service listing the name and address of each affiliate (column (B)); management and general revenue. that received payments reported on line 16. (column (C)); and fundraising (column (D)). Specify the amount and purpose of the These functions are explained below in the Lines 13 through 15—Program payments to each affiliate. instructions for the columns. Do not include in services, management and general, Note: Properly distinguishing between Part II any expense items you must report on and fundraising expenses payments to affiliates and grants and lines 6b, 8b, 9b, 10b, or 16 in Part I. allocations is especially important if you use For reporting to the IRS only, use the Section 4947(a)(1) nonexempt charitable Form 990 for state reporting purposes. See trusts and section 501(c)(3) and (c)(4) organization's normal accounting method to General Instruction E. If you use Form 990 only report total expenses in column (A) and to organizations.— Complete Part II and then for reporting to the IRS, payments to affiliated enter on lines 13 through 15 the appropriate segregate them into functions under columns state or national organizations that do not (B), (C), and (D). However, for state reporting amounts from the totals for columns (B), (C), represent membership dues reportable as and (D) reported on line 44, Part II. requirements, see General Instructions E and “Other expenses” on line 43 (see instructions G. If the accounting system does not provide All other organizations.— All other above) may be reported either on line 16 or line for this type of segregation, a reasonable organizations are not required to complete lines 22 and explained in the required attachment. method of allocation may be used. The 13 through 15 of the Form 990. amounts reported should be accurate and the Line 17—Total expenses method of allocation documented in the Line 16—Payments to affiliates Organizations using only column (A) of Part II organization's records. This expense classification is used to report should enter the total of line 16 and line 44 of Report, in the appropriate column, expenses certain types of payments to organizations column (A), Part II, on line 17. Other that are directly attributable to a particular “affiliated with” (closely related to) a reporting organizations should enter the total of lines 13 functional category. In general, allocate agency. through 16. Organizations using Form 5500, expenses that relate to more than one Payments to affiliated state or national 5500-C/R, or an approved DOL form as a functional category. For example, allocate organizations.— Dues paid by the local partial substitute for Form 990 should enter the employees' salaries on the basis of each charity to its affiliated state or national (parent) total expense figure from Form 5500 or employee's time. For some shared expenses organization are usually reported on line 16. 5500-C/R, or from the required reconciliation such as occupancy, supplies, and depreciation Report on this line predetermined quota schedule if Form LM-2 or LM-3 is used. See of office equipment, use an appropriate basis support and dues (excluding membership dues General Instruction F. for each kind of cost. However, you should of the type described below) by local agencies report some other shared expenses in column to their state or national organizations for Line 18—Excess or (deficit) for the (C) only. The column instructions below unspecified purposes; that is, general use of year discuss allocating expenses. funds for the national organization's own Enter the difference between lines 12 and 17. program and support services. If line 17 is more than line 12, enter the Column (A)—Total Purchases from affiliates.— Purchases of difference in parentheses. For column (A), total each line item of columns goods or services from affiliates are not (B), (C), and (D) in Part II. Except for expenses reported on line 16 but are reported as Line 19—Net assets or fund balances, you report on lines 6b, 8b, 9b, 10b, or 16 of expenses in the usual manner. beginning of year Part I, you should use column (A) to report all Expenses for providing goods or services Enter the amount from column (A) of line 73 (or expenses the organization paid or incurred. to affiliates.— In addition to payments made from Form 5500, 5500-C/R, or an approved directly to affiliated organizations, expenses DOL form if General Instruction F applies). Column (B)—Program services incurred in providing goods or services to Program services are mainly those activities affiliates may be reported on line 16 if: Line 20—Other changes in net assets that the reporting organization was created to 1. The goods or services provided are not or fund balances conduct and which, along with any activities related to the program services conducted by commenced subsequently, form the basis of the organization furnishing them (for example, Attach a schedule explaining any changes in the organization's current exemption from tax. when a local organization incurs expenses in net assets or fund balances between the They may be self-funded or funded out of the production of a solicitation film for the state beginning and end of the year that are not contributions, accumulated income, investment or national organization); and accounted for by the amount on line 18. income, or any other source. 2. The costs involved are not connected with Amounts to report here include adjustments of earlier years' activity; unrealized gains and Program services can also include the the management and general or fundraising organization's unrelated trade or business functions of the reporting organization. For losses on investments carried at market value; and any difference between fair market value activities. For example, publishing a magazine example, when a local organization gives a is a program service even though the magazine copy of its mailing list to the state or national and book value of property given as an award or grant. See General Instruction G regarding contains both editorials and articles that further organization, the expense of preparing the the organization's exempt purpose and copy provided may be reported on line 16, but the reporting of a section 481(a) adjustment to conform to SFAS 116. advertising, the income from which is taxable not expenses of preparing and maintaining the as unrelated business income. local organization's master list. Line 21—Net assets or fund balances, If an organization receives a grant to do Federated fundraising agencies.— These end of year research, produce an item, or perform a agencies (see the instructions for line 1b) service, either to meet the grantor's specific should include in their own support the full Enter the total of lines 18, 19, and 20. This total needs or to benefit the public directly, the costs amount of contributions received in connection figure must equal the amount reported in incurred represent program service expenses. with a solicitation campaign they conduct, even column (B) of line 73. Do not treat these costs as fundraising though donors designate specific agencies to expenses, even if you report the grant on line receive part or all of their individual Part II—Statement of Functional 1 as a contribution. contributions. These fundraising organizations Expenses should report the allocations to participating In General— Column (C)—Management and general agencies as grants and allocations (line 22) Use column (C) to report the organization's and quota support payments to their state or Column (A) expenses for overall function and national organization as payments to affiliates management, rather than for its direct conduct (line 16). All organizations must complete column (A) unless they are using an approved DOL form of fundraising activities or program services. Voluntary awards or grants to affiliates.— Overall management usually includes the Do not report on line 16 voluntary awards or or Form 5500 or 5500-C/R as a partial substitute for Form 990. See General salaries and expenses of the chief officer of the grants made by the reporting agency to its organization and that officer's staff. If part of state or national organization for specified Instruction F. their time is spent directly supervising program
Specific Instructions for Form 990 Page 13
services and fundraising activities, their total expenses of the cost center) was allocable against funds on deposit at a financial salaries and expenses should be allocated to fundraising; $70,000 to various program institution. among those functions. services; $15,000 to management and general Reporting for line 22, in accordance with Other expenses to report in column (C) functions; and $5,000 to special events and SFAS 116, is acceptable for Form 990 include those for meetings of the board of activities. To report this in Part II under this purposes, but not required by IRS. However, directors or similar group; committee and staff alternate method: see General Instruction E. meetings (unless held in connection with 1. Indicate the cost center, the expenses of An organization that makes a grant to be specific program services or fundraising which are being allocated, on line 43, as paid in future years should, according to SFAS activities); general legal services; accounting “Allocation of (specify) expenses”; 116, report the grant's present value on line 22. (including patient accounting and billing); 2. Enter a decrease of $5,000 on the same Accruals of present value increments to the general liability insurance; office management; line in the column (A), Total, representing the unpaid grant should also be reported on line auditing, personnel, and other centralized special event expenses which were already 22 in future years. services; preparation, publication, and reported on line 9b in Part I; Attached schedule.— Attach a schedule of distribution of an annual report; and investment 3. Enter $70,000 on the same line in column amounts reported on line 22. Any grants or expenses (however, report rental income (B), Program services; allocations reported on line 22 that were expenses on line 6b and program-related 4. Enter $10,000 on the same line in column approved during the year, but not paid by the income expenses in column (B)). (D), Fundraising; and due date for filing Form 990 (including However, you should report only general 5. Enter a decrease of $85,000 on the same extensions), must be identified and listed expenses in column (C). Do not use this line in column (C), Management and general, separately in the schedule for line 22. Show on column to report costs of special meetings or to represent the allocations to functional areas the schedule: (a) each class of activity; (b) other activities that relate to fundraising or other than management and general. donee's name, address, and the amount given; specific program services. and (c) (in the case of grants to individuals) Line (A) (B) (C) (D) relationship of donee if related by blood, Column (D)—Fundraising 25–43a ..................... 150,000 __ 150,000 __ 43b Allocation of marriage, adoption, or employment (including Fundraising expenses are the total expenses the $100,000 indirect employees' children) to any person or cost center incurred in soliciting contributions, gifts, grants, expenses reported corporation with an interest in the organization, etc. Report as fundraising expenses all in (C) ........................ (5,000) 70,000 (85,000) 10,000 such as a creator, donor, director, trustee, expenses, including allocable overhead costs, 44 ............................. 145,000 70,000 65,000 10,000 officer, etc. incurred in: (a) publicizing and conducting On the schedule, classify activities in more fundraising campaigns; (b) soliciting bequests After making these allocations, the column detail than in such broad terms as charitable, and grants from foundations or other (C) total (line 44, column (C)) would be educational, religious, or scientific. For organizations, or government grants reportable $65,000, consisting of the $50,000 actual example, identify payments for nursing on line 1c; (c) participating in federated management and general expense amount and services, laboratory construction, or fundraising campaigns; (d) preparing and the $15,000 allocation of the aggregate cost fellowships. distributing fundraising manuals, instructions, center expenses to management and general. If property other than cash is given, also and other materials; and (e) conducting special The above is an example of a simple show on the schedule: (a) a description of the events that generate contributions reportable one-step allocation that shows how to report property; (b) its book value; (c) how the book on line 1a, in addition to revenue reportable in the allocation in Part II. This reporting method value was determined; (d) its fair market value; the amount column on line 9a. However, report would actually be needed more for multiple and (e) how the fair market value was any expenses that are directly attributable to step allocations involving two or more cost determined. If the fair market value of the revenue shown on line 9a (that is, the direct centers. The total expenses of the first would property when the organization gave it is the expenses incurred in furnishing the goods or be allocated to the other functions, including measure of the award or grant, record any services sold) on line 9b. an allocation of part of these expenses to the difference between fair market value and book second cost center. The expenses of the value in the organization's books of account Allocating indirect expenses second cost center would then be allocated to and on line 20. Colleges, universities, hospitals, and other other functions and any remaining cost centers Colleges, universities, and other educational organizations that accumulate indirect to be allocated, and so on. The greater the institutions and agencies subject to the Family expenses in various cost centers (such as the number of these cost centers that are allocated Educational Rights and Privacy Act (20 U.S.C. expenses of operating and maintaining the out, the more difficult it is to preserve the object 1232g) are not required to list the names of physical plant) that are reallocated to the classification identity of the expenses of each individuals who were provided scholarships or program services and other functional areas of cost center (e.g., salaries, interest, supplies, other financial assistance where such the organization in single or multiple steps may etc.). Using the reporting method described disclosure would violate the privacy provisions find it easier to report these expenses in the above avoids this problem. of the law. Instead, such organizations should following optional manner: Note: The intent of the above instructions is group each type of financial aid provided, First, report the expenses of these indirect only to facilitate reporting indirect expenses by indicate the number of individuals who received cost centers on lines 25 through 43 of column both object classification and function. These the aid, and specify the aggregate dollar (C), Management and general, along with the instructions do not permit the allocation to other amount. expenses properly reportable in that column. functions of expenses that should be reported as management and general expenses. Line 23—Specific assistance to Second, allocate the total expenses for each cost center to columns (B), (C), and (D) Line 22—Grants and allocations individuals (Program services, Management and general, Enter the amount of payments to, or for the and Fundraising) as a separate item entry on Enter the amount of awards and grants to benefit of, particular clients or patients, line 43, Other expenses. Enter the name of the individuals and organizations selected by the including assistance rendered by others at the cost center on line 43. If any of the cost filing organization. United Way and similar expense of the filing organization. Do not center's expenses are to be allocated to the fundraising organizations should include include grants to other organizations that select expenses listed in Part I (such as the expenses allocations to member agencies. the person(s) to receive the assistance attributable to special events and activities), Report voluntary awards and grants to available through the use of the grant funds. enter these expenses as a negative figure in affiliated organizations for specific (restricted) For example, report a payment to a hospital to columns (A) and (C). This prevents reporting purposes or projects also on line 22 but not cover the medical expenses of a particular the same expense in both Parts I and II. If part required payments to affiliates reportable on individual on line 23, but do not report a of the total cost center expenses are to be line 16. contribution to a hospital to provide some allocated to columns (B), Program services, Report scholarship, fellowship, and research service to the general public or to unspecified and (D), Fundraising, enter these expenses as grants to individuals on line 22. Certain other charity patients on this line. Also, do not include positive amounts in these columns and as payments to, or for the benefit of, individuals scholarship, fellowship, or research grants to single negative amounts in column (C), may be reportable on line 23 instead. See the individuals even though selected by the grantor Management and general. Do not make any instructions for line 23 for details. organization. Report these grants on line 22 entries in column (A), Total, for these offsetting Report only the amount of actual grants and instead. entries. awards on line 22. Report expenses incurred Attached schedule.— Attach a schedule Example. An organization reports in column in selecting recipients, or monitoring showing the total payments for each particular (C) $50,000 of its actual management and compliance with the terms of a grant or award, class of activity, such as food, shelter, and general expenses and $100,000 of expenses on lines 25 through 43. clothing for indigents or disaster victims; of an indirect cost center that are allocable in In the spaces provided, give separate totals medical, dental, and hospital fees and charges; part to other functions. The total of lines 25 for cash and noncash grants and allocations and direct cash assistance to indigents. For through 43 of column (C) would be $150,000 made. Cash grants include only grants and payments to indigent families, do not identify before the indirect cost center allocations were allocations paid by cash, checks, money the individuals. made. Assume that $10,000 (of the $100,000 orders, wire transfers, and other charges
Page 14 Specific Instructions for Form 990
Line 24—Benefits paid to or for Line 31—Accounting fees its activities. Include such expenses as the members rental of facilities, speakers' fees and Enter the total accounting and auditing fees expenses, and printed materials. Include the For an organization that provides benefits to charged by outside firms and individuals who registration fees (but not travel expenses) paid members or dependents (such as are not employees of the reporting for sending any of the organization's staff to organizations exempt under section 501(c)(8), organization. conferences, meetings, or conventions (9), or (17)), attach a schedule. Show amounts conducted by other organizations. However, do of: (a) death, sickness, hospitalization, or Line 32—Legal fees not include on this line the salaries and travel disability benefits; (b) unemployment Enter the total legal fees charged by outside expenses of the reporting organization's own compensation benefits; and (c) other benefits firms and individuals who are not employees officers, directors, trustees, and employees (state their nature). Do not report the cost of of the reporting organization. Do not include who participate. employment-related benefits the organization any penalties, fines, or judgments imposed provides its officers and employees on this line. against the organization as a result of legal Line 41—Interest Report those expenses on lines 27 and 28. proceedings. Report those expenses on line Enter the total interest expense for the year. 43, Other expenses. Do not include any interest attributable to rental Line 25—Compensation of officers, directors, etc. Line 33—Supplies property (reportable on line 6b) or any mortgage interest treated as occupancy Enter the total compensation paid to officers, Enter the total for office, classroom, medical, expense on line 36. directors, trustees, and key employees for the and other supplies used during the year, as year. In Part V, give the name and determined by the organization's normal Line 42—Depreciation, depletion, etc. compensation (if any) of each officer, director, method of accounting for supplies. If the organization records depreciation, trustee, and key employee, along with the other depletion, and similar expenses, enter the total information requested. If no compensation was Line 34—Telephone for the year. Include any depreciation paid, enter zero. See the Part V instructions for Enter the total telephone, telegram, and similar (amortization) of leasehold improvements. The a definition of “key employee.” expenses for the year. organization is not required to use the Modified Form 941 must be filed to report income tax Accelerated Cost Recovery System (MACRS) withholding and social security and Medicare Line 35—Postage and shipping to compute the depreciation reported on Form taxes. The organization must also file Form 940 Enter the total amount of postage, parcel 990 or Form 990-EZ. If the organization to report Federal unemployment taxes unless delivery, trucking, and other delivery expenses, records depreciation using MACRS, attach the organization is not subject to these taxes. including the cost of shipping materials. Include Form 4562, Depreciation and Amortization, or See Pub. 15 (Circular E) for details. See also the costs of outside mailing services on this a schedule showing the same information the discussion of the trust fund recovery line. required by Form 4562. If the organization does penalty given in General Instruction D for Form not use MACRS, attach a schedule showing 941. Line 36—Occupancy how depreciation was computed. Line 26—Other salaries and wages Enter the total amount paid or incurred for the For an explanation of acceptable methods use of office space or other facilities, heat, light, for computing depreciation, see Pub. 946, How Enter the total of employees' salaries not power, and other utilities (other than telephone To Depreciate Property. reported on line 25. expenses reported on line 34), outside janitorial If the organization claims a deduction for services, mortgage interest, property depletion, attach a schedule explaining the Line 27—Pension plan contributions insurance, real estate taxes, and similar deduction. Enter the employer's share of contributions that expenses. the organization paid to qualified and Occupancy expenses paid or incurred for Line 43—Other expenses nonqualified pension plans for the year. program-related income, reportable on line 2, Show the type and amount of each significant Complete Form 5500, or 5500-C/R, as are included on line 36. Do not subtract rental expense for which a separate line is not appropriate, for the organization's plan and file income received from renting or subletting provided. Report all other miscellaneous as a separate return. If the organization has rented space from the amount reported for expenses as a single total. Expenses that more than one plan, complete the appropriate occupancy expense on line 36. If the activities might be reported here include investment form for each plan. File the form by the last day of the organization's tenant are related to the counseling and other professional fees not of the 7th month after the plan year ends. See reporting organization's exempt purpose, report reportable on lines 30 through 32; penalties, General Instruction D for a discussion of the rental income as program-service revenue and fines, and judgments; unrelated business Forms 5500. allocable occupancy expenses on line 36. income taxes; insurance and real estate taxes However, if the tenant's activities are not not attributable to rental property or reported Line 28—Other employee benefits program related, report such rental income on as occupancy expenses; and any marketing Enter the organization's contributions to line 6a and related rental expenses on line 6b. and distribution costs not included on other employee benefit programs (such as Do not include, as an occupancy expense, lines of Part II. Attach a schedule if more space insurance, health, and welfare programs) that depreciation (reportable on line 42) or any is needed. are not an incidental part of a pension plan salaries of the reporting organization's own Some states that accept Form 990, or Form included on line 27. Report expenses for employees (reportable on line 26). 990-EZ, in satisfaction of their filing employee events such as a picnic or holiday requirements may require that certain types of party on line 28. Line 37—Equipment rental and miscellaneous expenses be itemized maintenance regardless of amount. See General Instruction Line 29—Payroll taxes E. Enter the cost of renting and maintaining office Enter the amount of Federal, state, and local equipment and other equipment, except for payroll taxes for the year but only those taxes automobile and truck expenses reportable on Line 44—Total functional expenses that are imposed on the organization as an lines 35 and 39. Add lines 22 through 43 and enter the totals employer. This includes the employer's share on line 44 in columns (A), (B), (C), and (D). of social security and Medicare taxes, the Line 38—Printing and publications Report the total amounts for columns (B), (C), Federal unemployment tax (FUTA), state Enter the printing and related costs of and (D) in Part I, lines 13 through 15. unemployment compensation taxes, and other producing the reporting organization's own state and local payroll taxes. Do not include newsletters, leaflets, films, and other Reporting of Joint Costs taxes withheld from employees' salaries and informational materials on this line. Also include Organizations that included in program service paid to the various governmental units such as the cost of any purchased publications. expenses (column (B) of Part II) any joint costs Federal and state income taxes and the However, do not include any expenses, such from a combined educational campaign and employees' shares of social security and as salaries or postage, for which a separate fundraising solicitation must disclose how the Medicare taxes. line is provided in Part II. total joint costs of all such combined activities Line 30—Professional fundraising fees were reported in Part II. Organizations Line 39—Travel answering “Yes” to the joint-cost question Enter the organization's fees to outside Enter the total travel expenses, including following line 44 must furnish the relevant fundraisers for solicitation campaigns they transportation costs (fares, mileage financial data in the spaces provided. conducted or for consultation services allowances, and automobile expenses), meals An organization conducts a combined connected with a solicitation of contributions and lodging, and per diem payments. educational campaign and fundraising by the organization itself. solicitation when it solicits contributions (by Line 40—Conferences, conventions, mail, telephone, broadcast media, or any other and meetings means) and includes, with the solicitation, educational material or other information that Enter the total expenses incurred by the furthers a bona fide nonfundraising exempt organization in conducting meetings related to purpose of the organization.
Specific Instructions for Form 990 Page 15
Expenses attributable to providing Part IV—Balance Sheets for each officer, director, trustee, and key information regarding the organization itself, its employee. use of past contributions, or its planned use of All organizations, except those that meet one of the exceptions in General Instruction F, must When receivables should be reported as a contributions received are not program service single total.— In the required schedule, report expenses and should not be included in column complete all of Part IV and may not submit a substitute balance sheet. Failure to complete receivables that are subject to the same terms (B). This is true whether or not the organization and conditions (including credit limits and rate accounts for joint costs in accordance with the Part IV may result in penalties for filing an incomplete return. See General Instruction K. of interest) as receivables due from the general AICPA's Statement of Position 87-2, public (occurring in the normal course of the incorporated in Not-For-Profit Organizations See General Instruction E for details on completing a Form 990, or Form 990-EZ, to be organization's operations) as a single total for (New York, NY, AICPA, 1996). Any method of all the officers, directors, trustees, and key allocating joint costs to program service filed with any state or local governmental agency. employees. Report travel advances for official expenses must be reasonable under the facts business of the organization as a single total. and circumstances of each case. Most states When a schedule is required to be attached for any line item in Part IV, it is only for the Schedule format.— For each outstanding with reporting requirements for charitable and loan, or other receivable that must be reported other organizations that solicit contributions end-of-year balance sheet figure reported in column (B). Give the end-of-year figures for separately, the attached schedule should show either require or allow the reporting of joint the following information (preferably in costs according to Statement of Position 87-2 any receivables or depreciable assets and the related allowances for doubtful accounts or columnar form): standards. 1. Borrower's name and title, accumulated depreciation reported within the Part III—Statement of Program description column. 2. Original amount, 3. Balance due, Service Accomplishments Line 45—Cash—non-interest-bearing 4. Date of note, In the space provided, state the organization's Enter the total of non-interest-bearing checking 5. Maturity date, primary exempt purpose. accounts, deposits in transit, change funds, 6. Repayment terms, Provide the information specified in the petty cash funds, or any other 7. Interest rate, heading of Part III for each of the organization's non-interest-bearing account. Do not include four largest program services (as measured by 8. Security provided by the borrower, advances to employees or officers or 9. Purpose of the loan, and total expenses incurred) or for each program refundable deposits paid to suppliers or service if the organization engaged in four or others. 10. Description and fair market value of the fewer of such activities. If part of the total consideration furnished by the lender (for expenses of any program service consists of Line 46—Savings and temporary cash example, cash—$1,000; or 100 shares of XYZ, grants and allocations reported on line 22, Inc. common stock—$9,000). investments show the amount of the grants and allocations The above detail is not required for in the provided space. Enter the total of interest-bearing checking receivables or travel advances that may be Section 501(c)(3) and (4) organizations and accounts, savings and temporary cash reported as a single total. However, report and section 4947(a)(1) nonexempt charitable trusts investments, such as money market funds, identify those totals separately on the must show the amount of grants and commercial paper, certificates of deposit, and attachment. allocations to others. U.S. Treasury bills or other governmental obligations that mature in less than 1 year. Line 51—Other notes and loans Only section 501(c)(3) and (4) organizations Report the income from these investments on and section 4947(a)(1) nonexempt charitable receivable line 4. trusts must enter the total expenses of each Enter the combined total of notes receivable program service they reported in Part III. Line 47—Accounts receivable and net loans receivable. For notes and loans Completing the expense column in Part III is that represent program-related investments optional for all other organizations. Enter the total accounts receivable (reduced (defined in the line 2 instructions), report the A program service is a major (usually by the allowance for doubtful accounts) from interest income on line 2. For all other notes ongoing) objective of an organization, such as the sale of goods and/or the performance of and loans receivable included on line 51, report adoptions, recreation for the elderly, services. Report claims against vendors or the income on line 11. rehabilitation, or publication of journals or refundable deposits with suppliers or others here, if not significant in amount. Otherwise, Notes receivable.— Enter the amount of all newsletters. Specify the service outputs, notes receivable not listed on line 50 and not products, or other measures of a program report them on line 58, Other assets. Report any receivables due from officers, directors, acquired as investments. Attach a schedule service, such as clients served, days of care, similar to that called for in the instructions for therapy sessions, or publications issued. trustees, or key employees on line 50. Report receivables (including loans and advances) line 50. The schedule should also identify the Indicate the number of outputs or products relationship of the borrower to any officer, rendered, such as 4,000 counseling contacts. due from other employees on line 58. director, trustee, or key employee of the If the quantity of output is intangible, such Line 48—Pledges receivable organization. as in a research activity, describe the objective Notes receivable from loans by a credit of the activity for this time period as well as the Enter the total pledges receivable recorded as union to its members and scholarship loans by overall longer-term goal. of the beginning and end of the year. Do not a section 501(c)(3) organization do not have to Give reasonable estimates for the statistical include the amount of pledges estimated to be be itemized. However, identify these loans as information (number of clients, patients, etc.) uncollectible. such on a schedule and indicate the total asked for in Part III if exact figures are not Line 49—Grants receivable amount of such loans that are outstanding. readily available from the organization's For a note receivable from another records. Indicate that the information provided Enter the total grants receivable from organization exempt under the same is an estimate. governmental agencies, foundations, and other paragraph of section 501(c) as the filing Donated services or facilities.— If the organizations as of the beginning and end of organization, list only the name of the borrower organization reports on line 82b the value of the year. Organizations that follow SFAS 116 and the balance due. For example, a section any donated services or use of materials, may report the present value of the grants 501(c)(3) organization would have to provide equipment, or facilities it received, it may also receivable as of each balance sheet date. the full details of a loan to a section 501(c)(4) indicate in Part III the amount received and organization but would have to provide only the utilized for specific program services. However, Line 50—Receivables from officers, name of the borrower and the balance due on disclose the applicable amounts only on the directors, trustees, and key employees a note from a loan to another section 501(c)(3) lines for the narrative description of the Report all receivables due from officers, organization. appropriate program services. Do not include directors, trustees, and key employees, and all Loans receivable.— Enter the gross amount these amounts in the expense column in Part secured and unsecured loans to such persons, of loans receivable, less the allowance for III. on line 50 and in an attached schedule doubtful accounts, from the normal activities of Reporting other program services and discussed below. Report interest from such the filing organization such as loans by a credit expenses.— Attach a schedule that lists the receivables on line 11. For a definition of “key union to its members or scholarship loans by organization's other program services. For this employee,” see the instructions in Part V. a section 501(c)(3) organization. A schedule schedule, the detailed information required in When receivables should be reported of these loans is not required. Part III for the four largest services is not separately.— In the required schedule, report Report loans to officers, directors, trustees, required. However, section 501(c)(3) and (4) each receivable separately even if more than and key employees on line 50. Report loans to organizations as well as section 4947(a)(1) one loan was made to the same person or the other employees on line 58. nonexempt charitable trusts should also report same terms apply to all loans. Report salary the expenses attributable to their program advances, and other advances for the personal Line 52—Inventories for sale or use services. use and benefit of the recipient, and Enter the amount of materials, goods, and receivables subject to special terms or arising supplies purchased or manufactured by the from nontypical transactions, as separate loans organization and held for future sale or use.
Page 16 Specific Instructions for Form 990
Line 53—Prepaid expenses and Line 60—Accounts payable and Attach a schedule showing, as of the end of the deferred charges accrued expenses year, the total amount of all mortgages payable and, for each nonmortgage note payable, the Enter the amount of short-term and long-term Enter the total of accounts payable to suppliers name of the lender and the other information prepayments of expenses attributable to one and others and accrued expenses, such as specified in items 2 through 10 of the or more future accounting periods. Examples salaries payable, accrued payroll taxes, and instructions for line 50. The schedule should include prepayments of rent, insurance, and interest payable. also identify the relationship of the lender to pension costs, and expenses incurred for a any officer, director, trustee, or key employee solicitation campaign of a future accounting Line 61—Grants payable of the organization. period. Enter the unpaid portion of grants and awards that the organization has made a commitment Line 65—Other liabilities Line 54—Investments—securities to pay other organizations or individuals, List and show the amount of each liability not Enter the book value, which may be market whether or not the commitments have been reportable on lines 60 through 65. Attach a value, of securities held as investments. Attach communicated to the grantees. separate schedule if more space is needed. a schedule that lists the securities held at the end of the year. Indicate whether the securities Line 62—Deferred revenue Lines 67 through 69—Net assets are listed at cost (including the value recorded Include revenue that the organization has at the time of receipt in the case of donated The Financial Accounting Standards Board received but not yet earned as of the balance issued Financial Statements of Not-for-Profit securities) or end-of-year market value. Debt sheet date under its method of accounting. securities of the U.S., state, and municipal Organizations (SFAS 117) in June 1993, governments, corporate stocks and bonds, and effective for fiscal years beginning after Line 63—Loans from officers, December 15, 1994. other publicly traded securities (defined in the directors, trustees, and key employees instructions for line 8) do not have to be listed The optional one-year delay to implement individually, except for stock holdings that Enter the unpaid balance of loans received SFAS 117 for small organizations (less than represent 5% or more of the outstanding from officers, directors, trustees, and key $5 million in total assets and less than $1 shares of stock of the same class. However, employees. See the instructions for Part V for million in annual expenses) ended December show separate totals for each type of security definition of “key employee.” For loans 15, 1995. (U.S. Government obligations, corporate outstanding at the end of the year, attach a SFAS 117 provides standards for external stocks, etc.). Do not include amounts reported schedule that shows, for each loan, the name financial statements certified by an on line 46. Report dividends and interest from and title of the lender and the information independent accountant for certain types of these securities on line 5. specified in items 2 through 10 of the nonprofit organizations. SFAS 117 does not instructions for line 50. apply to credit unions, voluntary employees' Line 55—Investments—land, buildings, beneficiary associations, supplemental and equipment Line 64a—Tax-exempt bond liabilities unemployment benefit trusts, section Enter the amount of tax-exempt bonds (or other 501(c)(12) cooperatives, and other member Enter the book value (cost or other basis less benefit or mutual benefit organizations. accumulated depreciation) of all land, obligations) issued by the organization on buildings, and equipment held for investment behalf of a state or local governmental unit, or While some states may require reporting in purposes, such as rental properties. Attach a by a state or local governmental unit on behalf accordance with SFAS 117 (see General schedule listing these fixed assets held as of the organization, and for which the Instruction E), IRS does not. However, a Form investments at the end of the year. Show for organization has a direct or indirect liability. 990, or Form 990-EZ, return prepared in each item or category listed, the cost or other Tax-exempt bonds include state or local bonds accordance with SFAS 117 will be acceptable basis, accumulated depreciation, and book and any obligations, including direct borrowing to IRS. value. Report the income from these assets on from a lender or certificates of participation, the Organizations that follow SFAS 117.— If the line 6a. interest on which is excluded from the income organization follows SFAS 117, check the box of the recipient for Federal income tax above line 67. Classify and report net assets in Line 56—Investments—other purposes under section 103. three groups—unrestricted, temporarily For all such bonds and obligations restricted, and permanently restricted—based Enter the amount of all other investment outstanding at any time during the year, attach on the existence or absence of donor-imposed holdings not reported on line 54 or 55. Attach a schedule showing for each separate issue: restrictions and the nature of those restrictions. a schedule listing and describing each of these (a) the issue date; (b) the purpose of the issue; Show the sum of the three classes of net investments held at the end of the year. Show (c) the original amount of the issue; and (d) assets on line 73. On line 74, add the amounts the book value for each and indicate whether whether a Form 8038, 8038-G, or 8038-GC on lines 66 and 73 to show total liabilities and the investment is listed at cost or end-of-year was filed when the obligation was issued, net assets. This figure should be the same as market value. Report the income from these including the date when such form was filed. If the figure for Total assets on line 59. assets on line 7. Do not include the bond, obligation, or debt has been retired program-related investments. See the or paid by the organization during the year, Line 67—Unrestricted instructions for line 58. indicate the date that the event occurred. If the Enter the balances per books of the bond, obligation, or debt was outstanding at the unrestricted class of net assets. Unrestricted Line 57—Land, buildings, and end of the year, give: (a) the actual or equipment net assets are neither permanently restricted anticipated completion date for the project nor temporarily restricted by donor-imposed Enter the book value (cost or other basis less financed with the borrowed funds; (b) the stipulations. All funds without donor-imposed accumulated depreciation) of all land, amount of the issue outstanding; and (c) the restrictions must be classified as unrestricted, buildings, and equipment owned by the unexpended bond proceeds, if any. Also regardless of the existence of any board organization and not held for investment. This indicate whether any portion of any designations or appropriations. includes any property, plant, and equipment bond-financed facility was used by a third party owned and used by the organization in (other than a governmental unit or section Line 68—Temporarily restricted conducting its exempt activities. Attach a 501(c)(3) organization), and, if so, state the schedule listing these fixed assets held at the percentage of space used by the third party. Enter the balance per books for the temporarily end of the year and showing, for each item or If the tax-exempt bond or obligation is in the restricted class of net assets. Donors' category listed, the cost or other basis, form of a mortgage, include the amount of the temporary restrictions may require that accumulated depreciation, and book value. mortgage on line 64a, and not on line 64b. For resources be used in a later period or after a such mortgage, include in the above listing the specified date (time restrictions), or that Line 58—Other assets maturity date of the debt, repayment terms, resources be used for a specified purpose interest rate, and any security provided by the (purpose restrictions), or both. List and show the book value of each category of assets not reportable on lines 45 through 57. organization. Line 69—Permanently restricted Attach a separate schedule if more space is Line 64a does not, however, refer to needed. situations where the organization only has a Enter the total of the balances for the One type of asset reportable on line 58 is contingent liability, as it would if it were a permanently restricted class of net assets. program-related investments. These are guarantor of tax-exempt bonds issued by a Permanently restricted net assets are (a) investments made primarily to accomplish an related entity. Contingent liabilities, such as assets, such as land or works of art, donated exempt purpose of the filing organization rather those that arise from guarantees, should be with stipulations that they be used for a than to produce income. included as an entry in the separately attached specified purpose, be preserved, and not be schedule required for line 64a. Line 59—Total assets Enter the total of lines 45 through 58. The Line 64b—Mortgages and other notes amounts on line 59 must equal the amounts payable on line 74 for both the beginning and end of Enter the amount of mortgages and other notes year. payable at the beginning and end of the year.
Specific Instructions for Form 990 Page 17
sold or (b) assets donated with stipulations that If the organization did not receive an audited Include also payments to welfare benefit plans they be invested to provide a permanent financial statement for 1996 (or the fiscal year on behalf of the officers, etc. Such plans source of income. The latter result from gifts for which it is completing this Form 990) and provide benefits such as medical, dental, life and bequests that create permanent prepared the return in accordance with SFAS insurance, severance pay, disability, etc. endowment funds. 117, it does not need to complete Parts IV-A Reasonable estimates may be used if precise Organizations that do not follow SFAS or IV-B and should instead enter “N/A” on line cost figures are not readily available. 117.— If the organization does not follow SFAS a of each Part. Unless the amounts were reported in column 117, check the box above line 70 and report These two parts also do not have to be (C), report, as deferred compensation in account balances on lines 70 through 72. completed on group returns. column (D), salaries and other compensation Report net assets or fund balances on line 73. On line d(1) of Parts IV-A and IV-B, include earned during the period covered by the return, Also complete line 74 to report the sum of the only those investment expenses netted against but not yet paid by the date the organization total liabilities and net assets. investment income in the revenue portion of the files its return. Some states that accept Form 990, or Form organization's audited financial statements. Do 990-EZ, as their basic reporting form may not include program-related investment Column (E) require a separate statement of changes in net expenses or other expenses reported as Enter both taxable and nontaxable fringe assets/fund balances. See General Instruction program service expenses in the audited benefits (other than de minimis fringe benefits E. statement of activities. described in section 132(e)). Include expense allowances or reimbursements that the Line 70—Capital stock, trust principal, Part V—List of Officers, Directors, recipients must report as income on their or current funds Trustees, and Key Employees separate income tax returns. Examples include For corporations, enter the balance per books amounts for which the recipient did not account List each person who was an officer, director, to the organization or allowances that were for capital stock accounts. Show par or stated trustee, or key employee (defined below) of the value (or for stock with no par or stated value, more than the payee spent on serving the organization at any time during the year even organization. Include payments made under total amount received upon issuance) of all if they did not receive any compensation from classes of stock issued and, as yet, indemnification arrangements, the value of the the organization. Enter a zero in columns (C), personal use of housing, automobiles, or other uncancelled. For trusts, enter the amount in the (D), or (E) if no compensation, contributions, trust principal or corpus account. For assets owned or leased by the organization (or expenses and other allowances were paid provided for the organization's use without organizations continuing to use the fund during the reporting year, or deferred for method of accounting, enter the fund balances charge), as well as any other taxable and payment to a future accounting period. Give the nontaxable fringe benefits. See Pub. 525 for for the organization's current restricted and preferred address at which officers, etc., want unrestricted funds. more information. the Internal Revenue Service to contact them. Use an attachment if there are more persons Line 75—Compensation from related Line 71—Paid-in or capital surplus, or to list in Part V. land, bldg., and equipment fund organizations Show all forms of cash and noncash Enter the balance per books for all paid-in compensation received by each listed officer, Answer “Yes” to this question only if an officer, capital in excess of par or stated value for all etc., whether paid currently or deferred. director, trustee, or key employee of the stock issued and uncancelled. If stockholders A failure to fully complete Part V can subject organization received more than $10,000 in or others gave donations that the organization both the organization and the individuals compensation from related organizations records as paid-in capital, include them here. responsible for such failure to penalties for (defined below) AND such compensation, Report any current-year donations you filing an incomplete return. See General when added to the compensation provided to included on line 71 in Part I, line 1. The fund Instruction K. In particular, entering the phrase that individual by the filing organization, totaled balance for the land, building, and equipment on Part V, “Information available upon more than $100,000. For this purpose, fund would be entered here. request,” or a similar phrase, is not acceptable. “compensation” includes any amount that The organization may also provide an would be reportable in column (C), (D), or (E) Line 72—Retained earnings or attachment to explain the entire 1996 of Part V if provided by the filing organization. accumulated income, endowment, or compensation package for any person listed in Report any compensation paid by a related other funds Part V. organization for only that period where a Each person listed on Part V should report control or other relationship existed between For corporations, enter the balance in the the organizations. Report compensation paid retained earnings, or similar account, minus the the listed compensation on his or her income tax return unless the Code specifically excludes by a related organization in the same period cost of any corporate treasury stock. For trusts, (calendar or fiscal year) as compensation paid enter the balance per books in the accumulated any of the payments from income tax. See Pub. 525 for details. by the Form 990 filer. income or similar account. For those Organizations answering “Yes” must attach organizations using fund accounting, enter the A “key employee” is any person having responsibilities or powers similar to those of a schedule that lists, for each officer, director, total of the fund balances for the permanent trustee, or key employee receiving such and term endowment funds as well as balances officers, directors, or trustees. The term includes the chief management and compensation, the name of each related of any other funds not reported on lines 70 and organization that provided the compensation 71. administrative officials of an organization (such as an executive director or chancellor) but does and the amount each provided. Use the same format as required by columns (C) through (E) Line 73—Total net assets or fund not include the heads of separate departments of Part V. balances or smaller units within an organization. A chief financial officer and the officer in Providing information on compensation For organizations that follow SFAS 117, enter received from related organizations does not the total of lines 67 through 69. For all other charge of administration or program operations are both key employees if they have the violate the disclosure provisions of section organizations, enter the total of lines 70 7216(a). See also section 6033(a)(1). through 72. Enter the beginning-of-the-year authority to control the organization's activities, its finances, or both. The “heads of separate A “related organization” is any entity figure on line 73, column (A), in Part I, line 19. (whether tax-exempt or taxable) that the filing The end-of-the-year figure on line 73, column departments” reference applies to persons such as the head of the radiology department organization directly or indirectly owns or (B) must agree with the figure on line 21 of controls, or that directly or indirectly owns or Part I. or coronary care unit of a hospital or the head of the chemistry or history or English controls the filing organization. For example, if department at a college. These persons are Organization A owns 90% of B, and B owns Line 74—Total liabilities and net 80% of C, then A would directly own 90% of B assets/fund balances managers within their specific areas but not for the organization as a whole and, therefore, are and indirectly own 72% (90% of 80%) of C. Enter the total of lines 66 and 73. This amount not key employees. “Owns” means holding (directly or indirectly) must equal the amount for total assets reported 50% or more of the voting membership rights, on line 59 for both the beginning and end of the Column (C) voting stock, profits interest, or beneficial year. For each person listed, report salary, fees, interest. bonuses, and severance payments paid. “Control” means that: Parts IV-A and IV-B— Include current-year payments of amounts 1. Fifty percent (50%) or more of the filing Reconciliation Statements reported or reportable as deferred organization's officers, directors, trustees, or compensation in any prior year. key employees are also officers, directors, Use these reconciliation statements to trustees, or key employees of the second reconcile the differences between the revenue organization being tested for control; and expenses shown on the organization's Column (D) audited financial statements prepared in Include in this column all forms of deferred 2. The filing organization appoints 50% or accordance with SFAS 117 and the revenue compensation and future severance payments more of the officers, directors, trustees, or key and expenses shown on the organization's (whether or not funded; whether or not vested; employees of the second organization; or Form 990. and whether or not the deferred compensation 3. Fifty percent (50%) or more of the filing plan is a qualified plan under section 401(a)). organization's officers, directors, trustees, or
Page 18 Specific Instructions for Form 990
key employees are appointed by the second Line 78—Unrelated business income members are also members of a national labor organization. organization would answer “No” on line 80. Check “Yes” on line 78a if the organization's Control exists if the 50% test is met by any total gross income from all of its unrelated one group of persons even if collectively the Line 81—Expenditures for political trades and businesses is $1,000 or more for 50% test is not met. the year. Gross income is the amount of gross purposes Whether or not any elements of ownership receipts less the cost of goods sold. See Pub. A political expenditure is one intended to or control are present, a related organization 598 for a description of unrelated business influence the selection, nomination, election, also includes: income and the Form 990-T filing requirements or appointment of anyone to a Federal, state, ● A supporting organization operated in for section 501(c), 501(e), 501(f), 501(k), and or local public office, or office in a political connection with the filing organization where 501(n) organizations having such income. organization, or the election of Presidential or one of the purposes of the supporting Form 990-T is not a substitute for Form 990. Vice Presidential electors. It does not matter organization is to benefit or further the Report on Form 990, or Form 990-EZ, items whether the attempt succeeds. purposes of the filing organization; and of income and expense that are also reported An expenditure includes a payment, ● A supported organization operated in on Form 990-T when the organization is distribution, loan, advance, deposit, or gift of connection with the filing organization where required to file both forms. money, or anything of value. It also includes a one of the purposes of the filing organization is Note: All tax-exempt organizations must pay contract, promise, or agreement to make an to benefit or further the purposes of the estimated taxes with respect to their unrelated expenditure, whether or not legally supported organization. business income if they expect their tax liability enforceable. For example, a hospital auxiliary that raises to be $500 or more. Use Form 990-W to All section 501(c) organizations.— Section funds for Hospital Y or coordinates the efforts compute this tax. 501(c) organizations must file Form 1120-POL of that hospital's volunteer staff would be a if their political expenditures and their net supporting organization of Hospital Y and, thus, Line 79—Liquidation, dissolution, investment income both exceed $100 for the a related organization even if the hospital does termination, or substantial contraction year. not own or control the auxiliary. Hospital Y, in For a complete liquidation of a corporation or If a section 501(c) organization establishes turn, would be a supported organization of the termination of a trust, check the “Final return” and maintains a section 527(f)(3) separate auxiliary. In any case where the $10,000 and box in the heading of Form 990 or Form segregated fund, it is the fund's responsibility $100,000 minimums were met, the hospital 990-EZ. If there was a liquidation, dissolution, to file its own Form 1120-POL if the fund meets must report (on an attachment to its return) the termination, or substantial contraction, attach the Form 1120-POL filing requirements. Do not compensation paid by the auxiliary to the a statement explaining what took place. include the segregated fund's receipts, officer, director, trustee, or key employee of the expenditures, and balance sheet items on the hospital. The same reporting requirement On the attached statement, show whether the assets have been distributed and the date Form 990, or Form 990-EZ, of the section would apply to compensation paid by Hospital 501(c) organization that establishes and Y to an officer, etc., of the auxiliary. of distribution. Also attach a certified copy of any resolution, or plan of liquidation or maintains the fund. When answering questions termination, etc., with all amendments or 81a and 81b on its Form 990, this section Part VI—Other Information supplements not already filed. In addition, 501(c) organization should disregard the Note: Section 501(c)(3) organizations and attach a schedule listing the names and political expenses and Form 1120-POL filing section 4947(a)(1) nonexempt charitable trusts addresses of all persons who received the requirement of the segregated fund. must also complete and attach a Schedule A assets distributed in liquidation or termination, However, when a section 501(c) (Form 990) to their Form 990 or Form 990-EZ. the kinds of assets distributed to each one, and organization transfers its own funds, to a See General Instruction D for the discussion each asset's fair market value. separate segregated section 527(f)(3) fund for of Schedule A (Form 990). A “substantial contraction” is a partial use as political expenses, the 501(c) liquidation or other major disposition of assets organization must report the transferred funds Line 76—Change in activities except transfers for full consideration or as its own political expenses on its Form 990 Attach a statement to explain any significant distributions from current income. or Form 990-EZ. changes in the kind of activities the A “major disposition of assets” means any Section 501(c)(3) organizations.— A section organization conducts to further its exempt disposition for the tax year that is: 501(c)(3) organization will lose its tax-exempt purpose. Include new or modified activities not 1. At least 25% of the fair market value of the status if it engages in political activity. listed as current or planned in the organization's net assets at the beginning of A section 501(c)(3) organization must pay organization's application for recognition of the tax year; or an excise tax for any amount paid or incurred exemption, or not yet reported to the IRS by a 2. One of a series of related dispositions on behalf of, or in opposition to, any candidate letter to its key district director or by an begun in earlier years that add up to at least for public office. The organization must pay an attachment to the organization's return for any 25% of the net assets the organization had at additional excise tax if it fails to correct the earlier year. Also include any major program the beginning of the tax year when the first expenditure timely. activities that are being discontinued. disposition in the series was made. Whether A manager of a section 501(c)(3) a major disposition of assets took place organization who knowingly agrees to a Line 77—Changes in organizing or through a series of related dispositions political expenditure must pay an excise tax, governing documents depends on the facts in each case. unless the agreement is not willful and there is Attach a conformed copy of any changes to the See Regulations section 1.6043-3 for special reasonable cause. A manager who does not articles of incorporation, or association, rules and exceptions. agree to a correction of the political expenditure constitution, trust instrument, or other may have to pay an additional excise tax. organizing document, or to the bylaws or other Line 80—Relation to other When a section 501(c)(3) organization governing document. organizations promotes a candidate for public office (or is A “conformed” copy is one that agrees with used or controlled by a candidate or Answer “Yes” if most (more than 50%) of the prospective candidate), amounts paid or the original document and all amendments to organization's governing body, officers, it. If the copies are not signed, they must be incurred for the following purposes are political directors, trustees, or membership are also expenditures: accompanied by a written declaration signed officers, directors, trustees, or members of any ● Remuneration to such individual (a by an officer authorized to sign for the other organization. organization, certifying that they are complete candidate or prospective candidate) for Disregard any coincidental overlap of speeches or other services; and accurate copies of the original documents. membership with another organization; that is, ● Travel expenses of such individual; Photocopies of articles of incorporation when membership in one organization is not a showing the certification of an appropriate state ● Expenses of conducting polls, surveys, or condition of membership in another official do not have to be accompanied by such organization. For example, assume that a other studies, or preparing papers or other a declaration. See Rev. Proc. 68-14, 1968-1 majority of the members of a section 501(c)(4) material for use by such individual; C.B. 768, for details. When a number of ● Expenses of advertising, publicity, and civic organization also belong to a local changes are made, attach a copy of the entire chamber of commerce described in section fundraising for such individual; and revised organizing instrument or governing 501(c)(6). The civic organization should answer ● Any other expense that has the primary document. “No” on line 80 if it does not require its effect of promoting public recognition or However, if your exempt organization members to belong to the chamber of otherwise primarily accruing to the benefit of changes its legal structure, such as from a trust commerce. such individual. to a corporation, you must file a new exemption Also disregard affiliation with any statewide An organization is effectively controlled by a application to establish that the new legal entity or nationwide organization. Thus, the civic candidate or prospective candidate only if such qualifies for exemption. organization in the above example would still individual has a continuing, substantial answer “No” on line 80 even if it belonged to a involvement in the day-to-day operations or state or national federation of similar management of the organization. organizations. A local labor union whose A determination of whether the primary purpose of an organization is promoting the candidacy or prospective candidacy of an Specific Instructions for Form 990 Page 19 individual for public office is made on the basis If the organization's actual nondeductible A “lobbying communication” is any of all the facts and circumstances. See section lobbying and political expenses allocable to communication with any member or employee 4955 and Regulations section 53.4955. dues for the year exceed its estimate of the of a legislative body, or any other government Use Form 4720 to figure and report the allocable amount of such expenses in timely official participating in the formulation of the excise taxes. notices of dues disallowance to members, the legislation that (a) refers to specific legislation organization must pay a proxy tax on the and reflects a view on that legislation; or (b) Line 82—Donated services or facilities excess. The proxy tax is equal to the amount provides support for views in a prior lobbying Because Form 990, or Form 990-EZ, is open subject to the tax, multiplied by the highest communication. to public inspection, you may want the return corporate rate in effect for the tax year. The tax “Purpose for engaging in an activity” is to show contributions the organization received is reported on Form 990-T. The IRS may permit based on all the facts and circumstances. If an in the form of donated services or the use of a waiver of this tax if the organization made a organization's lobbying communication was for materials, equipment, or facilities at less than reasonable estimate and agrees to adjust its a lobbying and a nonlobbying purpose, the fair rental value. If so, and if the organization's notice of lobbying and political expenses to organization must make a reasonable records either show the amount and value of members in the following year. allocation of costs to influencing legislation. such items or give a clearly objective basis for If an organization elects to pay the proxy tax If in a prior year, an organization treated an estimate, the organization may choose to rather than to provide its members with an costs incurred for a future lobbying enter this optional information on line 82b. The estimate of dues allocable to lobbying and communication as a lobbying cost to influence IRS does not require any organization to keep political expenses, all of the members' dues legislation, but after the organization filed a such records. However, do not include the remain eligible for deduction to the extent timely return it appears the lobbying value of such items in Part I or II or in the otherwise deductible. See sections 162(e) and communication will not be made under any expense column in Part III. You may indicate 6033(e). foreseeable circumstance, the organization the value of donated services or use of For more details, see Rev. Proc. 95-35, may apply these costs to reduce its current materials, equipment, or facilities in Part III in 1995-2 C.B. 391, as amended by Rev. Proc. year's lobbying costs, but not below zero. The the narrative description of program services 95-35A, 1995-2 C.B. 392. organization may carry forward any amount of rendered. See the instructions for Part III. Allocation of costs to lobbying activities the costs not used to reduce its current year's and influencing legislation.— An lobbying costs to subsequent years. Line 83—Public inspection organization subject to the lobbying disclosure Example. Ratio method.— requirements rules of section 6033(e) must use a reasonable X Organization's three employees spent 3,000 Answer “Yes” only if the organization complied allocation method to determine what portion of hours in lobbying activities. The organization's with its public inspection obligations described its total costs were made to influence total labor hours for all activities were 6,000. in General Instruction M. legislation and the actions of a covered The organization had no third-party lobbying executive branch official through direct costs. Its total operational costs, excluding any Line 83b—Disclosure requirements for communication (sections 162(e)(1)(A) and (D)). third-party costs, were $300,000. quid pro quo contributions Allocation of costs to these lobbying activities X Organization allocated its lobbying costs as is not applicable to expenditures for de minimis follows: See General Instruction L. in-house lobbying or for grassroots lobbying Lobbying and political activities. labor hrs. Line 84a—Solicitations of Reasonable methods of allocating costs to contributions 3,000 3 $300,000 + 0 = $150,000 lobbying activities include, but are not limited 6,000 All organizations that qualify under section to: (a) the ratio method, (b) the gross-up and 170(c) to receive contributions that are alternative gross-up methods, and (c) a method Total Total costs Allocable Costs allocable deductible as charitable contributions for applying the principles of section 263A. labor hrs. of operations third-party to lobbying Federal income tax purposes, enter “N/A.” See Tax-exempt organizations can use the ratio costs activities General Instruction L. method and gross-up method even if some of their activities are conducted by volunteers. Examples. Gross-up method and Line 85—Section 501(c)(4), (5), or (6) Labor hours and costs of personnel whose Alternative gross-up method.— A and B are organizations activities involve significant judgment with employees of Y Organization. A's activities respect to lobbying activities (“lobbying involve significant judgment with respect to Reporting membership dues, lobbying, and lobbying activities. B performs clerical and political expenses.— Certain section personnel”) are included in all methods. Labor hours and costs of clerical or support personnel support activities for A. A's basic lobbying labor 501(c)(4), (5), and (6) organizations must costs (excluding employee benefits) are report their total lobbying, political expenses, (other than “lobbying personnel”) are disregarded under the alternative gross-up $50,000 and B's labor costs (excluding and membership dues, or similar amounts, on employee benefits) in support of A's activities line 85 of Form 990. method and may be disregarded under the ratio method. Third-party costs are those paid are $15,000. Allocable third-party costs are When membership dues are assessed or to outside parties for conducting lobbying $100,000. Using the gross-up method to paid, these organizations must give their activities, dues paid to another membership allocate its lobbying costs, Y Organization members a written estimate showing the organization that were declared to be multiplies 175% times its basic labor costs allocation of membership dues, or similar nondeductible lobbying expenses, and travel (excluding employee benefits) for all of the amounts paid, to the organization's lobbying and entertainment costs for lobbying activities. lobbying of its personnel and adds its and political expenses. See Regulations sections 1.162-28 and third-party lobbying costs as follows: If the organization's lobbying and political 1.162-29. 175% × $65,000 + $100,000 = $213,750 expenses exceed its membership dues, etc., Special rules and definitions.— (If less than Basic lobbying labor costs Allocable Costs allocable for the year, the full amount of dues, etc., will 5% of a person's time is spent on lobbying of A + B third-party to lobbying be allocable to the organization's lobbying and activities, an organization may treat that costs activities political expenses. Any excess lobbying and person's time spent on lobbying activities as political expenses would be carried forward to If Y Organization uses the alternative zero—but not if there is “direct contact gross-up method to allocate its lobbying costs, the next tax year. lobbying” (de minimis rule).) An organization Y multiplies 225% times its basic labor costs Members of an organization cannot take a must treat all hours spent by a person on, or in (excluding employee benefits) for all of the business expense deduction for the portion of connection with, direct contact lobbying as lobbying hours of its “lobbying personnel” and their dues payment, etc., allocable to the labor hours allocable to lobbying activities. adds its third-party lobbying costs as follows: organization's lobbying and political expenses. An activity is “direct contact lobbying” if it is Disclosing the portion of dues, etc., allocable 225% × $50,000 + $100,000 = $212,500 a meeting, telephone conversation, letter, or to lobbying and political expenses is not similar means of communication with a Basic lobbying labor Allocable Costs allocable costs of A third-party to lobbying required for an organization that (a) incurs only legislator (other than a local legislator) or costs activities de minimis amounts of in-house lobbying covered executive branch official and otherwise expenses (not more than $2,000) and no other The examples that demonstrate the section qualifies as a lobbying activity. A person who 263A cost allocation method are found in nondeductible lobbying or political expenses engages in research and other background (such as political campaign or grassroots Regulations section 1.162-28(f). For this activities related to direct contact lobbying, but purpose, lobbying activities are considered a lobbying expenses); or (b) elects, instead of who does not make direct contact with a giving its members a written notice of allocation service department or function. legislator or covered executive branch official, of lobbying and political expenses, to pay a is not engaged in direct contact lobbying. proxy tax on those lobbying and political Line 85a—Section 6033(e)(3) exception “Influencing legislation” means (a) any for nondeductible dues expenses incurred during the tax year; or (c) attempt to influence legislation through a establishes that substantially all of its dues or lobbying communication; and (b) all activities, Section 6033(e)(3) provides an exception from similar amounts are not deductible by the such as research and coordination for the notice and reporting requirements for any persons paying them in computing their taxable purpose of making or supporting a lobbying organization substantially all of whose dues income. communication, even if not yet made. would not be deductible by members as business expenses whether or not the
Page 20 Specific Instructions for Form 990
organization made any lobbying and political general public regarding legislative matters or Line 85e—Dues declared expenditures. referendums. nondeductible in notices to members The following organizations meet the “In-house expenditures” include salaries and section 6033(e)(3) notice and reporting other expenses of the organization's officials If, at the time that dues (or similar amounts) for exception according to the guidelines of Rev. and staff (including amounts paid or incurred the 1996 reporting year were assessed or Procs. 95-35 and 95-35A. If your organization for research for, or preparation, planning or collected, the organization notified its members meets any of the following criteria, answer coordination of, legislative activities), but does of its “reasonable estimate” of the portion of “Yes” to question 85a to declare that not include any payments to other taxpayers dues that would not be deductible under substantially all its membership dues were engaged in lobbying or political activities as a section 162(e), enter the total amount of dues nondeductible and skip lines 85b through 85h. trade or business. In-house expenditures also (or similar amounts) allocable to the 1996 do not include any dues paid to another reporting year that members were notified were 1. All organizations exempt from tax under nondeductible. For example, if members who section 501(a), other than section 501(c)(4), organization that are allocable to lobbying or political activities. paid a total of $100,000 of dues allocable to the 501(c)(5), and 501(c)(6) organizations. 1996 reporting year were timely notified that 2. Local associations of employees' and “Other lobbying” includes grassroots and 25% of their dues would be nondeductible, the veterans' organizations described in section foreign lobbying as well as lobbying conducted amount to enter on line 85e would be $25,000. 501(c)(4), but not other social welfare by third parties and dues paid to another A “reasonable estimate” is determined by a organizations. organization that were used to lobby. facts and circumstances test; that is, whether 3. Labor unions and other labor If the organization's in-house direct lobbying or not a good faith estimate was made at the organizations described in section 501(c)(5), expenditures during the 1996 reporting year time. but not agricultural and horticultural were $2,000 or less, but the organization also organizations. paid or incurred other lobbying or political Line 85f—Taxable lobbying and 4. Section 501(c)(4), (5), and (6) expenditures during the 1996 reporting year, political expenditures organizations more than 90% of whose dues or received a waiver for proxy tax owed for the prior year, it should answer “No” to question The amount on line 85f represents the amount are received from section 501(c)(3) of dues (and similar amounts) allocable to the organizations, state governments, local 85b and complete lines 85c through 85h. However, the $2,000 or less of in-house direct 1996 reporting year attributable to lobbying and governments, entities whose income is exempt political expenditures for the 1996 reporting from tax under section 115, or organizations lobbying expenditures should not be included in the total on line 85d. year that the organization did not, in timely described in 1 through 3, above. notices, inform members were nondeductible. 5. Section 501(c)(4) and (5) organizations that receive more than 90% of their annual Line 85c—Dues, assessments, and Line 85d less line 85e produces the correct similar amounts received result in the usual situation in which the dues, dues from persons, families, or entities who assessments, and similar amounts on line 85c each paid annual dues of $52 or less in 1996. Enter the total dues, assessments, and similar are GREATER than the lobbying and political The applicable dues amount is adjusted amounts allocable to the 1996 reporting year. expenditures reported on line 85d. annually for inflation. See Rev. Proc. 95-53, The term “dues” means the amount the 1995-2 C.B. 445. organization requires a member to pay in order However, a different computation is needed to be recognized as a member. Payments that when the dues, assessments, and similar 6. Any organization that receives a private amounts entered on line 85c are LESS than the letter ruling from the IRS that it satisfies the are similar to dues include members' voluntary payments, assessments made by the lobbying and political expenditures entered on section 6033(e)(3) exception. line 85d. In that event, the taxable amount of 7. Any organization that keeps records to organization to cover basic operating costs, and special assessments imposed by the lobbying and political expenditures to enter on substantiate the claim in its Form 990, or Form line 85f is limited to the dues, etc., on line 85c 990-EZ, that 90% or more of its members organization to conduct lobbying and political activities. less the amount reflected in nondeductible cannot deduct their dues (or similar amounts) dues notices on line 85e. Also, the excess as business expenses whether or not any part lobbying and political expenditures (line 85d of their dues are used for lobbying purposes. Line 85d—Lobbying and political expenditures less line 85c) must be carried over to the 8. Any organization that is not a membership following taxable year and treated as lobbying organization. Include the total amount paid or incurred during and political expenditures of that year the 1996 reporting year in connection with: (a) (reportable on line 85d or equivalent of the Line 85b—In-house lobbying influencing legislation; (b) participating or 1997 form). See Examples given below. expenditures intervening in any political campaign on behalf Note: On lines 85b through 85h, disregard of (or in opposition to) any candidate for any Lines 85g and 85h—Proxy tax and any expenditures relating to direct lobbying public office; (c) attempting to influence any waivers of any local council or similar governing segment of the general public with respect to elections, legislative matters or referendums; An organization must pay the section 6033(e) body with respect to legislation or proposed tax on the amount reported on line 85f unless legislation of direct interest to the or (d) communicating directly with a covered executive branch official (e.g., President, Vice it has the option to check “Yes” on line 85h. organization or its members. An organization may check “Yes” on line 85h President, or cabinet-level officials, and their In addition to the exceptions listed in the immediate deputies) in an attempt to influence if it agrees to add the amount on line 85f to its instructions for line 85a, an organization is the official actions or positions of such official. reasonable estimate of dues allocable to exempt from the notice, reporting, and potential Also include excess lobbying and political nondeductible lobbying and political tax liability rules of section 6033(e) if (a) it expenditures carried over from the preceding expenditures for its next taxable year. made no political expenditures during the 1996 taxable year. An organization must also include However, an organization may check “Yes” on reporting year, (b) its only lobbying an amount equal to the taxable lobbying and line 85h only if it sent dues notices at the time expenditures (if any) during the 1996 reporting political expenditures reported on line 85f for of assessment or payment of dues that year consisted of in-house direct lobbying the preceding taxable year if the organization reasonably estimated the dues allocable to its expenditures aggregating $2,000 or less, received a waiver of the proxy tax imposed on nondeductible lobbying and political excluding any allocable overhead expenses, that amount. expenditures reported on line 85d. If an and (c) the organization did not receive a organization checks “Yes” on line 85h, it must waiver for proxy tax owed for the prior year. However, do not include any direct lobbying (defined in the line 85b instructions) of any answer “No” on line 85g. The amount reported An organization should answer “Yes” to on line 85f must be included on line 85d or its question 85b if it met all three of these local council or similar governing body with respect to legislation or proposed legislation of equivalent on the 1997 form. requirements. If an organization did not send notices, it direct interest to the organization or its “Direct lobbying” includes (a) attempting to members. Also exclude in-house direct must check “No” on line 85h. If the organization influence legislation through communication lobbying expenditures (defined in the line 85b sent dues notices that did not reasonably with legislators, legislative branch officials and instructions) if the total of such expenditures is estimate the dues allocable to its nondeductible staff, and other government officials who may $2,000 or less (excluding allocable overhead lobbying and political expenditures, it must participate in the formulation of legislation and expenses). check “No” on line 85h. If an organization (b) attempting to influence the official actions checks “No” on line 85h, it must answer “Yes” or positions of covered Federal Executive Political expenditures for which the section 527 tax has been paid (on Form 1120-POL) are on line 85g and report the tax on Form 990-T Branch officials through direct communication in accordance with the instructions for that with such officials, but does not include disregarded for the purposes of the section 6033(e) proxy tax. form. attempting to influence any local council or If the amount on line 85f is zero, or less than similar governing body with respect to Reduce the current year's lobbying expenditures, but not below zero, by costs zero, enter “N/A” (Not Applicable) on lines 85g legislation or proposed legislation of direct and 85h. interest to the organization or its members. previously allocated in a prior year to lobbying activities that were cancelled after a return Examples. Organizations A and B, who Direct lobbying also does not include any report on a calendar year basis, made the grassroots lobbying. Grassroots lobbying refers reporting these costs was filed. Carry forward any amounts not used as a reduction to following calculations in their workpapers for to attempts to influence any segment of the their 1996 Form 990. These organizations subsequent years.
Specific Instructions for Form 990 Page 21
incurred only grassroots lobbying expenses amounts of income such as income received paid or reimbursed that do not qualify for the under $2,000 from the club's selling its clubhouse. Although in-house lobbying exception (de minimis rule). gross receipts usually do not include initiation TBOR2 amended sections 6033(b) and 6033(f) Both Organizations A and B allocate dues to fees, these should be included for college to require section 501(c)(3) and section the taxable year in which received. fraternities or sororities or other organizations 501(c)(4) organizations to report on their Form that charge membership initiation fees, but not 990, or Form 990-EZ, the amount of taxes paid For Organization A, dues, assessments, and under section 4958 (excess benefit similar amounts received in 1996 were greater annual dues. transactions) involving the organization, as well than its lobbying expenses for 1996. If the 35% and 15% limits do not affect the as any other information the Secretary may However, for Organization B, the opposite club's exempt status, include the income require concerning those transactions. These occurred; that is, lobbying expenses for 1996 shown on line 86b on the club's Form 990-T. amendments also only apply to returns for were greater than the dues, assessments, and Investment income earned by a section taxable years beginning after July 30, 1996. similar amounts received in 1996. Thus, for 501(c)(7) organization is not tax-exempt Accordingly, affected organizations do not have Organization B, its excess lobbying expenses income unless it is set aside to be used only for to include information on taxes paid under must be carried forward to its 1997 Form 990. religious, charitable, scientific, literary, or section 4958, or any other information that may educational purposes, or for the prevention of be required with respect to excess benefit Workpapers (for 1996 Form 990)— cruelty to children or animals. The organization Organization A transactions, on their returns for taxable years 1. Total dues, assessments, etc., received .......... $800 is required to file Form 990-T and report its beginning before July 31, 1996. See General investment income along with the Instruction P and Notice 96-46, 1996-39 2. Lobbying expenses paid or incurred ................ $600 organization's other unrelated business income I.R.B. 7, for a discussion of excess benefit 3. Less: Total nondeductible amount of dues if the combined amount of gross investment notices ............................................................... 100 100 transactions. income and other unrelated business income For Line 89b, attach a statement describing 4. (Subtract line 3 from both lines 1 and 2.)......... $700 $500 exceeds $1,000. any excess benefit transaction, the disqualified 5. Taxable amount of lobbying expenses Nondiscrimination policy.— A section (Smaller of the two amounts on line 4) ............ $500 person or persons involved, and whether or not 501(c)(7) organization is not exempt from the excess benefit transaction was corrected. Note: The amounts on lines 1, 2, 3, and 5 of income tax if any written policy statement, For Line 89c, enter the amount of taxes paid the workpapers were entered on lines 85c including the governing instrument and bylaws, under section 4958 (excess benefit through 85f of the 1996 Form 990. Because allows discrimination on the basis of race, transactions) by organization managers or dues, etc., received were greater than lobbying color, or religion. disqualified persons. expenses, there is no carryover of excess However, section 501(i) allows social clubs lobbying expenses to the 1997 Form 990. See For Line 89d, enter the amount of tax in Line to retain their exemption under section 89c that was reimbursed by the organization. the instructions for lines 85g and 85h for the 501(c)(7) even though their membership is treatment of the $500. Any reimbursement of the excise tax liability of limited (in writing) to members of a particular a disqualified person or organization manager Workpapers (for 1996 Form 990)— religion if: will be treated as an excess benefit unless (1) Organization B 1. The social club is an auxiliary of a the organization treats the reimbursement as 1. Total dues, assessments, etc., received .......... $400 fraternal beneficiary society that is exempt compensation during the year the 2. Lobbying expenses paid or incurred ................ $600 under section 501(c)(8) and limits its reimbursement is made, and (2) the total 3. Less: Total nondeductible amount of dues membership to the members of a particular compensation to that person, including the notices ............................................................... 100 100 religion; or reimbursement, is reasonable. 4. (Subtract line 3 from both lines 1 and 2.)......... $300 $500 2. The social club's membership limitation is 5. Taxable amount of lobbying expenses a good-faith attempt to further the teachings or Line 90—List of states (Smaller of the two amounts on line 4) ............ $300 principles of that religion, and the limitation is List each state with which the organization is not intended to exclude individuals of a filing a copy of this return in full or partial Note: The amounts on lines 1, 2, 3, and 5 of particular race or color. the workpapers were entered on lines 85c satisfaction of state filing requirements. through 85f of the 1996 Form 990. Excess Line 87—Section 501(c)(12) lobbying expenses of $200 must be carried Line 92—Section 4947(a)(1) nonexempt organizations charitable trusts forward to the 1997 Form 990 (excess of $600 of lobbying expenses over $400 dues, etc., One of the requirements that an organization Section 4947(a)(1) nonexempt charitable trusts received). The $200 will be included along with must meet to qualify under section 501(c)(12) that file Form 990 instead of Form 1041 must the other lobbying and political expenses paid is that at least 85% of its gross income consists complete this line. The trust should include or incurred in the 1997 reporting year and of amounts collected from members for the exempt-interest dividends received from a reportable on line 85d (or the equivalent line) sole purpose of meeting losses and expenses. mutual fund or other regulated investment of the 1997 Form 990. See the instructions for For purposes of section 501(c)(12), the term company as well as tax-exempt interest lines 85g and 85h for the treatment of the $300. “gross income” means gross receipts minus received directly. Underreporting of lobbying expenses.— cost of goods sold. Underreported lobbying and political For a mutual or cooperative electric or Part VII—Analysis of expenditures are subject to the section 6033(e) telephone company, “gross income” does not include amounts received or accrued as Income-Producing Activities tax for the 1996 reporting year only to the extent that the same expenditures (if actually “qualified pole rentals.” An organization is exempt from income taxes reported) would have resulted in a proxy tax For a mutual or cooperative telephone only if its primary purpose is to engage in the liability for that year. A waiver of proxy tax for company, “gross income” also does not include type of activity for which it claims exemption. the taxable year only applies to reported amounts received or accrued either from An exempt organization is subject to a tax expenditures. another telephone company for completing on unrelated business taxable income if such Underreporting lobbying and political long distance calls to or from or between the income is from a trade or business that is expenditures may also subject the organization telephone company's members, or from the regularly carried on by the organization and is to the section 6652(c) daily penalty for filing an sale of display listings in a directory furnished not substantially related to the organization's incomplete or inaccurate return. to the telephone company's members. performance of its exempt purpose or function. Generally, a tax-exempt organization with Line 86—Section 501(c)(7) Line 89a—Section 501(c)(3) gross income of $1,000 or more for the year organizations organizations: Disclosure of excise from an unrelated trade or business must file taxes paid under section 4911, 4912, Form 990-T and pay any tax due. Gross receipts test.— A section 501(c)(7) In Part VII, show whether revenue, also organization may receive up to 35% of its gross or 4955 reportable on lines 2 through 11 of Part I, was receipts, including investment income, from TBOR2 amended section 6033(b) to require received from activities related to the sources outside its membership and remain section 501(c)(3) organizations to disclose any organization's purpose or activities unrelated to tax-exempt. Part of the 35% (up to 15% of excise tax paid during the year under sections its exempt purpose. Enter gross amounts gross receipts) may be from public use of a 4911 (excess lobbying expenditures), 4912 unless indicated otherwise. Show also any social club's facilities. (disqualifying lobbying expenditures), or 4955 revenue excludable from the definition of For this purpose, “gross receipts” are the (political expenditures). These amendments unrelated business taxable income. club's income from its usual activities. The term only apply to returns for taxable years The sum of amounts entered in columns (B), includes charges, admissions, membership beginning after July 30, 1996. (D), and (E) for lines 93 through 103 of Part fees, dues, assessments, investment income VII should match amounts entered for (such as dividends, rents, and similar receipts), Lines 89b, 89c, and 89d—Section correlating lines 2 through 11 of Part I. Use the and normal recurring capital gains on 501(c)(3) and 501(c)(4) organizations: following table to verify the relationship of Part investments. Gross receipts do not include Disclosure of section 4958 excess VII with Part I. Note that contributions that are capital contributions (as defined in Regulations benefit transactions and excise taxes reportable on lines 1a through 1d of Part I are section 1.118-1), initiation fees, or unusual not reportable in Part VII.
Page 22 Specific Instructions for Form 990
Amounts in Part VII Correspond to produce income instead of for exempt on Line Amounts in Lines 93(a) through (f)—Program Part I on Line service revenue purposes. An exempt organization's income 93(a) through (g) ............................................................. 2 from debt-financed property is treated as List the organization's revenue-producing unrelated business taxable income and is 94 .................................................................................... 3 program service activities on these lines. subject to tax in the same proportion as the 95 .................................................................................... 4 Program service activities are primarily those property remains financed by the debt. If 96 .................................................................................... 5 that form the basis of an organization's substantially all (85% or more) of any property 97 and 98 ........................................................................ 6c exemption from tax. Enter, in the appropriate is used for an organization's exempt purposes, 99 .................................................................................... 7 columns, gross revenue from each program the property is not treated as debt-financed 100 .................................................................................... 8d service activity and the business and exclusion property. The rules for debt-financed property 101 .................................................................................... 9c codes that identify this revenue. See the do not apply to rents from personal property. 102 .................................................................................... 10c explanation of program service revenue in the instructions for Part I, line 2. Lines 99 through 102 103(a) through (e) ............................................................. 11 105 (plus line 1d, Part I) ................................................... 12 Line 93(g)—Fees and contracts from In the appropriate columns, report the revenue government agencies received for these line items. General Completing Part VII instructions for lines 99 through 102 are given In the appropriate columns, enter gross in the instructions for Part I, lines 7 through 10. revenue earned from fees and contract Column (A) payments by government agencies for a Lines 103(a) through (e)—Other In column (A), identify any unrelated business service, facility, or product that benefited the revenue taxable income reportable in column (B) by government agency primarily, either economically or physically. Do not include List any “Other revenue” activity on these lines. selecting a business code from the Codes for These activities are discussed in the Unrelated Business Activity in the Instructions government grants that enabled your organization to benefit the public directly and instructions for line 11, Part I. In the appropriate for Form 990-T. columns, enter the revenue received from primarily. See Part I, line 1c instructions for the Column (B) distinction between government grants that these activities. Select applicable business and represent contributions and payments from exclusion codes. Report as “Other revenue,” In column (B), enter any revenue received from on line 11 of Part I, the total revenue entered activities unrelated to the exempt purpose of government agencies for a service, product, or facility that primarily benefited the government in columns (B), (D), and (E) for lines 103(a) the organization. See the Instructions for Form through (e). 990-T and Pub. 598 for a discussion of what is agencies. unrelated business taxable income. If you enter Report on line 2 of Part I (program service Line 105—Total an amount in column (B), then you must enter revenue) the sum of the entries in columns (B), (D), and (E) for lines 93(a) through (g). Enter the total revenue reported on line 104 for a business code in column (A). columns (B), (D), and (E). The amount reported Column (C) Lines 94 through 96—Dues, on line 105, plus the amount on line 1d of Part assessments, interest, and dividends I, should equal the amount entered for “Total In column (C), enter an exclusion code from the revenue” on line 12 of Part I. Exclusion Codes list on the last page of the In the appropriate columns, report the revenue Specific Instructions for Form 990 to identify received for these line items. General Part VIII—Relationship of Activities any revenue excludable from unrelated instructions for lines 94 through 96 are given in business taxable income. If more than one the instructions for Part I, lines 3 through 5. to the Accomplishment of Exempt exclusion code applies to a particular revenue Purposes item, use the lowest numbered exclusion code Lines 97 and 98—Rental income (loss) To explain how an amount entered in Part VII, that applies. If nontaxable revenues from Report net rental income from investment column (E), was related or exempt function several sources are reportable on the same property on these lines. Also report here rental income, show the line number of the amount in line in column (D), use the exclusion code that income from unaffiliated exempt organizations. column (E) and give a brief description of how applies to the largest revenue source. If the list Report rental income, however, from an the activity reported in column (E) specifically of exclusion codes does not include an item of exempt function (program service) on line 93. contributed to the accomplishment of the revenue that is excludable from unrelated Refer to the instructions for Part I, line 6. A organization's exempt purposes (other than by business taxable income, enter that item in more detailed discussion of rental income is providing funds for such purposes). Activities column (E) and see the instruction for column given in the Instructions for Form 990-T and that generate exempt-function income are (E). Pub. 598. activities that form the basis of the Rents from real property are usually organization's exemption from tax. Column (D) excluded in computing unrelated business Also give the line number and an For column (D), identify any revenue received taxable income, as are incidental amounts explanation for any income entered in column that is excludable from unrelated business (10% or less) of rental income from personal (E) that is specifically excluded from gross taxable income. If you enter an amount in property leased with real property (mixed income other than by Code sections 512, 513, column (D), you must enter an exclusion code lease). In a mixed lease where the rent or 514. If no amount is entered in column (E), in column (C). attributable to personal property is more than do not complete Part VIII. 50% of the total rent, neither rent from real or Example. M, an organization described in Column (E) personal property is excluded from unrelated section 501(c)(3), operates a school for the For column (E), report any revenue from business taxable income. The exclusion also performing arts. Admission is charged at activities related to the organization's exempt does not apply when the real or personal student performances. M reported admission purpose; that is, income received from activities property rentals depend wholly or partly on the income in column (E) of Part VII and explained that form the basis of the organization's income or profits from leased property, other in Part VIII that performances before an exemption from taxation. Also report here any than an amount based on a fixed percentage audience were an essential part of the revenue that is excludable from gross income or percentage of gross receipts or sales. students' training and related to the exempt other than by Code section 512, 513, or 514, The rental exclusion from unrelated purpose of the organization. such as interest on state and local bonds that business taxable income does not apply to Because M also reported interest from state is excluded from tax by section 103. Explain in debt-financed real property. In general, bonds in column (E) of Part VII, M explained in Part VIII how any amount reported in column debt-financed property is any property that the Part VIII that such interest was excluded from (E) related to the accomplishment of the organization finances by debt and holds to gross income by Code section 103. organization's exempt purposes.
Specific Instructions for Form 990 Page 23
Exclusion Codes General Exceptions 17— Rent from personal property leased with Debt-financed Income real property and incidental (10% or less) in 01— Income from an activity that is not regularly 30— Income exempt from debt-financed relation to the combined income from the carried on (section 512(a)(1)) (section 514) provisions because at least real and personal property (section 02— Income from an activity in which labor is a 85% of the use of the property is for the 512(b)(3)) material income-producing factor and organization’s exempt purposes (Note: 18— Gain (or loss, to the extent allowed) from This code is only for income from the substantially all (at least 85%) of the work the sale of investments and other 15% or less non-exempt purpose use.) is performed with unpaid labor (section non-inventory property and from certain (section 514(b)(1)(A)) 513(a)(1)) inventory property acquired from financial 03— Section 501(c)(3) organization—Income 31— Gross income from mortgaged property institutions that are in conservatorship or from an activity carried on primarily for the used in research activities described in receivership (section 512(b)(5)) convenience of the organization’s section 512(b)(7), (8), or (9) (section 19— Income or loss from the lapse or 514(b)(1)(C)) members, students, patients, visitors, termination of options to buy or sell officers, or employees (hospital parking lot 32— Gross income from mortgaged property securities, or real property, and from the or museum cafeteria, for example) (section used in any activity described in section forfeiture of good-faith deposits for the 513(a)(2)) 513(a)(1), (2), or (3) (section 514(b)(1)(D)) purchase, sale, or lease of investment real 04— Section 501(c)(4) local association of property (section 512(b)(5)) 33— Income from mortgaged property employees organized before 5/27/69— (neighborhood land) acquired for exempt 20— Income from research for the United Income from the sale of work-related purpose use within 10 years (section States; its agencies or instrumentalities; or clothes or equipment and items normally 514(b)(3)) any state or political subdivision (section sold through vending machines; food 34— Income from mortgaged property 512(b)(7)) dispensing facilities; or snack bars for the acquired by bequest or devise (applies to convenience of association members at 21— Income from research conducted by a income received within 10 years from the their usual places of employment (section college, university, or hospital (section date of acquisition) (section 514(c)(2)(B)) 513(a)(2)) 512(b)(8)) 35— Income from mortgaged property 05— Income from the sale of merchandise, 22— Income from research conducted by an acquired by gift where the mortgage was substantially all of which (at least 85%) was organization whose primary activity is placed on the property more than 5 years donated to the organization (section conducting fundamental research, the previously and the property was held by 513(a)(3)) results of which are freely available to the the donor for more than 5 years (applies general public (section 512(b)(9)) to income received within 10 years from Specific Exceptions 23— Income from services provided under the date of gift) (section 514(c)(2)(B)) 06— Section 501(c)(3), (4), or (5) organization license issued by a Federal regulatory 36— Income from property received in return conducting an agricultural or educational agency and conducted by a religious order for the obligation to pay an annuity fair or exposition—Qualified public or school operated by a religious order, but described in section 514(c)(5) entertainment activity income (section only if the trade or business has been 513(d)(2)) carried on by the organization since before 37— Income from mortgaged property that May 27, 1959 (section 512 (b)(15)) provides housing to low and moderate 07— Section 501(c)(3), (4), (5), or (6) income persons to the extent the organization—Qualified convention and trade show activity income (section Foreign Organizations mortgage is insured by the Federal 24— Foreign organizations only—Income from a Housing Administration (section 514(c)(6)) 513(d)(3)) trade or business NOT conducted in the (Note: In many cases, this would be 08— Income from hospital services described in exempt function income reportable in United States and NOT derived from United section 513(e) column (E). It would not be so in the case States sources (patrons) (section 512(a)(2)) 09— Income from noncommercial bingo games of a section 501(c)(5) or (6) organization, that do not violate state or local law Social Clubs and VEBAs for example, that acquired the housing as (section 513(f)) an investment or as a charitable activity.) 25— Section 501(c)(7), (9), or (17) organization— 10— Income from games of chance conducted Non-exempt function income set aside for 38— Income from mortgaged real property by an organization in North Dakota (section a charitable, etc., purpose specified in owned by: a school described in section 311 of the Deficit Reduction Act of 1984, section 170(c)(4) (section 512(a)(3)(B)(i)) 170(b)(1)(A)(ii); a section 509(a)(3) affiliated as amended) support organization of such a school; a 26— Section 501(c)(7), (9), or (17) organization— section 501(c)(25) organization, or by a 11— Section 501(c)(12) organization—Qualified Proceeds from the sale of exempt function partnership in which any of the above pole rental income (section 513(g)) property that was or will be timely organizations owns an interest if the 12— Income from the distribution of low-cost reinvested in similar property (section requirements of section 514(c)(9)(B)(vi) are articles in connection with the solicitation of 512(a)(3)(D)) met (section 514(c)(9)) charitable contributions (section 513(h)) 27— Section 501(c)(9), or (17) organization— 13— Income from the exchange or rental of Non-exempt function income set aside for Special Rules membership or donor list with an the payment of life, sick, accident, or other 39— Section 501(c)(5) organization—Farm organization eligible to receive charitable benefits (section 512(a)(3)(B)(ii)) income used to finance the operation and contributions by a section 501(c)(3) maintenance of a retirement home, organization; by a war veterans’ Veterans’ Organizations hospital, or similar facility operated by the organization; or an auxiliary unit or society 28— Section 501(c)(19) organization—Payments organization for its members on property of, or trust or foundation for, a war for life, sick, accident, or health insurance adjacent to the farm land (section veterans’ post or organization (section for members or their dependents that are 1951(b)(8)(B) of Public Law 94-455) 513(h)) set aside for the payment of such 40— Annual dues not exceeding $100 (subject insurance benefits or for a charitable, etc., to inflation) paid to a section 501(c)(5) Modifications and Exclusions purpose specified in section 170(c)(4) agricultural or horticultural organization 14— Dividends, interest, payments with respect (section 512(a)(4)) (section 512(d)) to securities loans, annuities, income from 29— Section 501(c)(19) organization—Income notional principal contracts, loan from an insurance set-aside (see code 28 Trade or Business commitment fees, and other substantially above) that is set aside for payment of 41— Gross income from an unrelated activity similar income from ordinary and routine insurance benefits or for a charitable, that is regularly carried on but, in light of investments excluded by section 512(b)(1) etc., purpose specified in section continuous losses sustained over a 15— Royalty income excluded by section 170(c)(4) (Regulations section number of tax periods, cannot be 512(b)(2) 1.512(a)–4(b)(2)) regarded as being conducted with the 16— Real property rental income that does not motive to make a profit (not a trade or depend on the income or profits derived by business) the person leasing the property and is excluded by section 512 (b)(3)
Page 24 Specific Instructions for Form 990
Item E—State registration number Accruals of present value increments to the unpaid grant should also be reported on line 1 See General Instruction E. Specific Instructions for in future years. Form 990-EZ Item F—Application pending 1. Contributions can arise from special events when an excess payment is received If the organization's application for recognition for items offered.— Special events and Note: See also the General Instructions that of exemption is pending, check this box and apply to both Form 990 and Form 990-EZ. activities such as dinners, door-to-door sales complete the return. of merchandise, carnivals, and bingo games Item G—Accounting method can produce both contributions and revenue. Contents Page Report as a contribution both on line 1 and on • Completing the Heading of Form 990–EZ.. 25 Indicate the method of accounting used in line 6a (within the parentheses) any amount • Part I—Revenue, Expenses, and Changes preparing this return. See General Instruction in Net Assets............................................... 25 received through a special event that is greater • Part II—Balance Sheets.............................. 29 G. than the retail value of the merchandise or • Part III—Statement of Program Service services furnished by the organization to the Accomplishments ........................................ 29 Item H—Group exemption number contributor. • Part IV—List of Officers, Directors, If the organization is covered by a group This situation usually occurs when Trustees, and Key Employees.................... 29 • Part V—Other Information .......................... 30 exemption letter, enter the four-digit group organizations seek support from the public exemption number (GEN). Contact the through solicitation programs that are in part central/parent organization if you are unsure special events or activities and are in part Completing the Heading of Form of the GEN assigned. solicitations for contributions. The primary 990-EZ purpose of such solicitations is to receive Item I—Type of organization contributions and not to sell the merchandise The instructions that follow are keyed to items at its fair market value (retail value) even in the heading for Form 990-EZ. If the organization is exempt under section 501(c), check the applicable box and insert, though this might produce a profit. Item A—Accounting period within the parentheses, the number that Example. An organization announces that identifies the type of section 501(c) anyone who contributes at least $40 to the Use the 1996 Form 990-EZ to report on a organization the filer is. See the chart in organization can choose to receive a book calendar year accounting period beginning General Instruction C. If the organization is a worth $16 retail value. A person who gives $40, January 1, 1996, and ending December 31, section 4947(a)(1) nonexempt charitable trust, and who chooses the book, is really purchasing 1996. check the applicable box and note the the book for $16 and also making a contribution Use the 1996 Form 990-EZ to report on an discussion in General Instruction D for of $24. The contribution of $24, which is the accounting period other than a calendar year Schedule A (Form 990) and Form 1041 as well difference between the buyer's payment and (either a fiscal year that began in 1996 or a as the instructions for line 43. the $16 retail value of the book, would be short period (less than 12 months) that began reported on line 1 and again on the description in 1996). You must show the month and day in Item J—Gross receipts of $25,000 or line of 6a (within the parentheses). The 1996 that your fiscal year began or the short less revenue received ($16 retail value of the book) period began. You must also show the day, would be reported in the amount column on line month, and year your fiscal year or short period Check this box if the organization's gross receipts are normally not more than $25,000. 6a. Any expenses directly relating to the sale ended. See General Instruction G. of the book would be reported on line 6b. Any However, if the organization received a Form 990 Package, see General Instruction A and fundraising expenses relating to the Item B—Checkboxes contribution of $24 would be reported on lines the discussion on gross receipts in General Change of address.— If the organization Instruction B. 12 through 16. changed its address since the previous return If a contributor gives more than $40, that was filed, check this box. Item K—Calculating gross receipts person would be making a larger contribution, Initial return.— If this is the organization's the difference between the book's retail value Only those organizations with gross receipts of $16 and the amount actually given. See also initial return, check this box. of less than $100,000 and total assets of less Final return.— If this is a final return, check the instructions for line 6 and Publication 1391. than $250,000 at the end of the year can use this box. See also the instructions for line 36, the Form 990-EZ. If the organization does not Note: At the time of any solicitation or Part V, Other Information. meet these requirements, it must file Form 990. payment, organizations that are eligible to Amended return.— If this is an amended See the gross receipts discussion in General receive tax-deductible contributions should return, check this box. See General Instruction Instruction B. advise patrons of the amount deductible for J for more details on amending a return. Federal tax purposes. See General Instruction Part I—Revenue, Expenses, and L. Item C—Name and address 2. Contributions can arise from special Changes in Net Assets or Fund events when items of only nominal value If we mailed the organization a Form 990 Balances Package with a preaddressed mailing label, are given or offered.— If an organization attach the label in the name and address space All organizations filing Form 990-EZ with the offers goods or services of only nominal value on the organization's return. Using the label IRS or any state must complete Part I. Some through a special event, or distributes free, helps us avoid errors in processing the return. states that accept Form 990-EZ in place of their unordered, low-cost items to patrons, report the If any information on the label is wrong, draw own forms may require additional information. entire amount received for such benefits as a a line through that part and correct it. See General Instruction E. contribution on line 1. Report all related expenses on lines 12 through 16. Include the suite, room, or other unit number after the street address. If the Post Office does Line 1.—Contributions, Gifts, Grants, Benefits have a nominal value when: not deliver mail to the street address and the and Similar Amounts Received 1. The benefit's fair market value is not more organization has a P.O. box, show the box than 2% of the payment, or $67, whichever is number instead of the street address. A. What is included on line 1 less; or 2. The payment is $33.50 or more; the only Report amounts received as voluntary benefits received are token items bearing the Item D—Employer identification contributions; that is, payments, or the part of number organization's name or symbol; and the any payment, for which the payer (donor) does organization's cost (as opposed to fair market The organization should have only one Federal not receive full retail value (fair market value) value) is $6.70 or less for all benefits received employer identification number (EIN). If the from the recipient (donee) organization. by a donor during the calendar year. These organization has more than one EIN and has Enter the gross amounts of contributions, amounts are adjusted annually for inflation. not been advised which to use, notify the gifts, grants, and bequests that the organization See Rev. Proc. 95-53 cited also in General Internal Revenue Service, Ogden, UT received from individuals, trusts, corporations, Instruction L. 84201-0027. State what numbers the estates, affiliates, foundations, public charities, organization has, the name and address to and other exempt organizations. Report all 3. Section 501(c)(3) organizations.— These which each number was assigned, and the related expenses on lines 12 through 16. organizations must compute the amounts of address of its principal office. The IRS will revenue and contributions received from Reporting for line 1, in accordance with special events according to the above advise the organization which number to use. SFAS 116, Accounting for Contributions instructions when preparing their Support Note: Section 501(c)(9) voluntary employees' Received and Contributions Made, is Schedule in Part IV-A of Schedule A (Form beneficiary associations must use their own acceptable for Form 990-EZ or Form 990 990). employer identification number and not the purposes, but not required by IRS. However, number of their sponsor. see General Instruction E. 4. Grants equivalent to contributions.— Grants made to encourage an organization An organization that receives a grant to be receiving the grant to carry on programs or paid in future years should, according to SFAS activities that further the grant recipient's 116, report the grant's present value on line 1. exempt purposes are grants that are equivalent
Specific Instructions for Form 990-EZ Page 25
to contributions. Report them on line 1. The contributed $5,000 or more, you do not need Medicare, Medicaid, or other third-party grantor may specify which of the recipient's to attach a schedule. reimbursement), laboratory fees, and related activities the grant may be used for, such as On the schedule, show each contributor's charges for services. an adoption program or a disaster relief project. name and address and the total amount that Program service revenue also includes A grant is still equivalent to a contribution if each contributed. In the case of noncash tuition received by a school; revenue from the grant recipient performs a service, or contributions, also show the date received. admissions to a concert or other performing produces a work product, that benefits the Contributors include individuals, fiduciaries, arts event or to a museum; royalties received grantor incidentally (but see line 1, instruction partnerships, corporations, associations, trusts, as author of an educational publication B1, below). or exempt organizations. distributed by a commercial publisher; 5. Contributions received through other See also General Instruction G which payments received by a section 501(c)(9) fundraising organizations.— Contributions discusses the effect of a section 481(a) organization from participants or employers of received indirectly from the public through adjustment required by changes in method of participants for health and welfare benefits solicitation campaigns conducted by federated accounting on this list of contributors. coverage; and registration fees received in fundraising agencies (such as United Way) are If an employer withholds contributions from connection with a meeting or convention. included on line 1. employees' pay and periodically gives them to 2. Program-related investment income.— 6. Contributions received from associated the organization, report only the employer's Program service revenue also includes income organizations.— Include on line 1 amounts name and address and the total amount given from program-related investments. These contributed by other organizations closely unless you know that a particular employee investments are made primarily to accomplish associated with the reporting organization. This gave enough to be listed separately. an exempt purpose of the investing includes contributions received from a parent In determining whether a contributor gave organization rather than to produce income. organization, subordinate, or another $5,000 or more, total that person's gifts of Examples are scholarship loans and organization having the same parent. $1,000 or more. Do not include smaller gifts. If low-interest loans to charitable organizations, 7. Contributions from a commercial the contribution consists of property whose fair indigents, or victims of a disaster. Rental co-venture.— Include amounts contributed by market value can be determined readily (such income received from an exempt function is a commercial co-venture on line 1. These as market quotations for securities), describe another example of program-related contributions are amounts received by the the property and list its fair market value. investment income. See also the instructions organization for allowing an outside Otherwise, describe the property and estimate for line 4. organization (donor) or individual to use the its value. Show the date noncash contributions 3. Unrelated trade or business activities.— recipient organization's name in a sales were received. Unrelated trade or business activities (not promotion campaign. Exception. Section 501(c)(7), (8), or (10) including any special events or activities) that 8. Contributions or grants from organizations that received contributions or generate fees for services may also be governmental units.— A grant, or other bequests exclusively for religious, charitable, program service activities. A social club, for payment from a governmental unit, is treated scientific, literary, or educational purposes, or example, should report as program service as a grant equivalent to a contribution if its the prevention of cruelty to children or animals revenue the fees it charges both members and primary purpose is to enable the recipient to (sections 170(c)(4), 2055(a)(3), 2522(a)(3)). nonmembers for the use of its tennis courts provide a service to, or maintain a facility for, If an organization meets the terms of this and golf course. the direct benefit of the public rather than to exception, some information in its schedule will 4. Government fees and contracts.— serve the direct and immediate needs of the vary from that described above. Program service revenue includes income grantor (even if the public pays part of the The schedule should list each person whose earned by the organization for providing a expense of providing the service or facility). gifts total more than $1,000 during the year. government agency with a service, facility, or (See also line 1, instruction B1, below.) Give the donor's name, the amount given, the product that benefited that government agency 9. Contributions in the form of membership gift's specific purpose, and the specific use to directly rather than benefiting the public as a dues.— Include on line 1 membership dues which it was put. If an amount is set aside for whole. See line 1, instruction A8, for reporting and assessments to the extent they are a religious, charitable, etc., purpose described guidelines when payments are received from contributions and not payments for benefits above, explain how the amount is held (for a government agency for providing a service, received (see line 3, instruction C1). instance, whether it is mingled with amounts facility, or product for the primary benefit of the held for other purposes). If the organization general public. B. What is not included on line 1 transferred the gift to another organization, name and describe the recipient and explain Line 3—Membership Dues and 1. Grants that are payments for services are the relationship between the two organizations. Assessments not contributions.— A grant is a payment for Also show the total of the gifts that were $1,000 services, and not a contribution, when the Enter members' and affiliates' dues and or less and were for a religious, charitable, etc., assessments that are not contributions. See terms of the grant provide the grantor with a purpose. specific service, facility, or product, rather than also General Instruction L. providing a benefit to the general public or that Note: If the organization qualifies to receive part of the public served by the grant recipient. tax-deductible charitable contributions and A. What is included on line 3 The recipient organization would report such a receives contributions of property (other than 1. Dues and assessments received that grant as income on line 2 (program service publicly traded securities) whose fair market compare reasonably with the benefits of revenue). value is more than $5,000, the organization membership.— When the organization should receive a partially completed Form 8283 receives dues and assessments that compare 2. Donations of services.— Do not include from the contributor. If the organization the value of services donated to the reasonably with membership benefits, report receives a Form 8283, it should complete and such dues and assessments on line 3. organization, or items such as the free use of return it so the donor can get a charitable materials, equipment, or facilities, as contribution deduction. The organization should 2. Organizations that generally match dues contributions on line 1. However, for the keep a copy of the completed Form 8283 for its and benefits.— Organizations described in optional reporting of such amounts, see the records. See also the reference to Form 8282 section 501(c)(5), (6), or (7) generally provide instruction for donated services in Part III. in General Instruction D. benefits with a reasonable relationship to dues, 3. Section 501(c)(9), (17), and (18) Caution: If the organization files a copy of although benefits to members may be indirect. organizations.— These organizations provide Form 990-EZ and attachments with any state, participants with life, sickness, accident, do not include, in the attachments for the state, B. Examples of membership benefits welfare and unemployment insurance, the schedule of contributors discussed above These include subscriptions to publications; pension(s), or similar benefits, or a combination unless the schedule is specifically required by newsletters (other than one about the of these benefits. When such an organization the state with which the organization is filing organization's activities only); free or receives payments from participants, or their the return. States that do not require the reduced-rate admissions to events the employers, to provide these benefits, report the information might nevertheless make it organization sponsors; use of its facilities; and payments on line 2 as program service available for public inspection along with the discounts on articles or services that both revenue, rather than on line 1 as contributions. rest of the return. members and nonmembers can buy. In figuring the value of membership benefits, disregard C. How to value noncash contributions Line 2—Program Service Revenue such intangible benefits as the right to attend See General Instruction L. Including Government Fees and meetings, vote or hold office in the Contracts organization, and the distinction of being a D. Schedule of contributors member of the organization. Enter the total program service revenue (Not open to public inspection) See Caution (exempt function income). Program services C. What is not included on line 3 below. are primarily those that form the basis of an Attach a schedule listing each contributor organization's exemption from tax. 1. Dues or assessments received that who, during the year, gave the organization, exceed the value of available membership 1. Examples. A clinic would include on line 2 benefits.— Whether or not membership directly or indirectly, money, securities, or other all of its charges for medical services (whether property worth $5,000 or more. If no one benefits are used, dues received by an to be paid directly by the patients or through organization, to the extent they exceed the
Page 26 Specific Instructions for Form 990-EZ
monetary value of the membership benefits Total the cost or other basis (less for cash or noncash prizes, cost of goods sold, available to the dues payer, are a contribution depreciation) and selling expenses and enter compensation, fees, or other expenses. that should be reported on line 1. the result on line 5b. On line 5c, enter the net 2. Dues received primarily for the gain or loss. Report capital gains dividends, the A. What is included on line 6 organization's support.— If a member pays organization's share of capital gains and losses 1. Gross revenue/contributions.— When an dues primarily to support the organization's from a partnership, and capital gains organization receives payments for goods or activities, and not to obtain benefits of more distributions from trusts on lines 5a and 5c. services offered through a special event, enter: than nominal monetary value, those dues are Indicate the source on the schedule described 1. As gross revenue, on line 6a (in the a contribution to the organization includible on below. amount column) the retail value of the goods line 1. For this return, you may use the more or services. convenient way to figure the organization's gain 2. As a contribution, on both line 1 and line Line 4—Investment Income or loss from sales of securities by comparing 6a (within the parentheses), any amount the sales price with the average-cost basis of received that exceeds the retail value of the A. What is included on line 4 the particular security sold. However, goods or services given. generally, the average-cost basis is not used 1. Interest on savings and temporary cash to figure the gain or loss from sales of Example. At a special event, an investments.— Enter the amount of interest securities reportable on Form 990-T. organization received $100 in gross receipts for received from interest-bearing checking goods valued at $40. The organization entered accounts, savings, and temporary cash B. What is not included on line 5 gross revenue of $40 on line 6a and entered a investments, such as money market funds, contribution of $60 on both line 1 and within the commercial paper, certificates of deposit, and Do not include on line 5 any unrealized gains parentheses on line 6a. The contribution was U.S. Treasury bills or other governmental or losses on securities that are carried in the the difference between the gross revenue of obligations that mature in less than 1 year. books of account at market value. See the $40 and the gross receipts of $100. So-called dividends or earnings received from instructions for line 20. 2. Raffles or lotteries.— Report as revenue, mutual savings banks, money market funds, C. Attached schedule on line 6a, any amount received from raffles etc., are actually interest and should be or lotteries that require payment of a specified included on this line. 1. Nonpublicly traded securities and minimum amount for each entry, unless the 2. Dividends and interest from securities.— noninventory items.— Attach a schedule to prizes awarded have only nominal value. See Enter the amount of dividend and interest show the sale or exchange of nonpublicly line 6, instruction B1 and B2, below. income from equity and debt securities (stock traded securities and the sale or exchange of 3. Direct expenses.— Report on line 6b only and bonds) on this line. Include amounts other assets that are not inventory items. The the direct expenses attributable to the goods received from payments on securities loans, schedule should show security transactions or services the buyer receives from a special as defined in section 512(a)(5). separately from the sale of other assets. Show event. If you include an expense on line 6b, do 3. Gross rents.— Include gross rental income for these assets: not report it again on line 7b. Fundraising ● Date acquired and how acquired, received during the year from investment expenses attributable to contributions reported ● Date sold and to whom sold, on the description line of 6a (within the property. ● Gross sales price, parentheses) are reportable on lines 12 4. Other investment income.— Include, for example, royalty income from mineral interests ● Cost, other basis, or if donated, value at time through 16. owned by the organization. acquired (state which), ● Expense of sale and cost of improvements B. What is not included on line 6 B. What is not included on line 4 made after acquisition, and 1. Sales or gifts of goods or services of only ● Depreciation since acquisition, if depreciable nominal value.— If the goods or services 1. Capital gains dividends and unrealized gains and losses.— Do not include on this line property. offered at the special event have only nominal any capital gains dividends. They are reported 2. Publicly traded securities.— For sales of value, include all of the receipts as on line 5. Also do not include unrealized gains publicly traded securities through a broker, you contributions on line 1 and all of the related and losses on investments carried at market may total the gross sales price, the cost or expenses on lines 12 through 16. See line 1, value. See the instructions for line 20. other basis, and the expenses of sale, and instruction A2, for a description of nominal 2. Exempt function revenue (program report lump-sum figures in place of providing benefits. These benefits are adjusted annually service).— Do not include on line 4 amounts the detailed reporting required in the above for inflation. that represent income from an exempt function paragraph. 2. Sweepstakes, raffles, and lotteries.— (program service). Report these amounts on Publicly traded securities include common Report as a contribution, on line 1, the line 2 as program service revenue. Report and preferred stocks, bonds (including proceeds of solicitation campaigns in which the expenses related to this income on lines 12 governmental obligations), and mutual fund names of contributors and other respondents through 16. shares that are listed and regularly traded in are entered in a drawing for prizes. An organization whose exempt purpose is to an over-the-counter market or on an When a minimum payment is required for provide low-rental housing to persons with low established exchange and for which market each raffle or lottery entry and prizes of only income receives exempt function income from quotations are published or otherwise readily nominal value are awarded, report any amount such rentals. An organization receives exempt available. received as a contribution. Report the related function income if it rents or sublets rental expenses on lines 12 through 16. space to a tenant whose activities are related Lines 6a–c—Special Events and 3. Activities that generate only to the reporting organization's exempt purpose. Activities contributions are not special events.— An Exempt function income also arises when an On the appropriate line, enter the gross activity that generates only contributions, such organization rents to an unaffiliated exempt revenue, expenses, and net income (or loss) as a solicitation campaign by mail, is not a organization at less than fair rental value for the from all special events and activities, such as special event. Any amount received should be purpose of helping that unaffiliated organization dinners, dances, carnivals, raffles, bingo included on line 1 as a contribution. Related carry out its exempt purpose. Report rental games, other gambling activities, and expenses are reportable on lines 12 through income received in these instances on line 2 door-to-door sales of merchandise. These 16. and not on line 4. activities only incidentally accomplish an Only for purposes of completing this return, exempt purpose. Their sole or primary purpose C. Attached schedule treat income from renting property to affiliated is to raise funds (other than contributions) to Attach a schedule listing the three largest exempt organizations as exempt function finance the organization's exempt activities. special events conducted, as measured by income and include such income on line 2 as This is done by offering goods or services gross receipts. Describe each of these events program service revenue. that have more than a nominal value and indicate for each event: the gross receipts; (compared to the price charged) for a payment the amount of contributions included in gross Lines 5a–c—Gains (or Losses) From that is more than the direct cost of those goods receipts (see line 6, instruction A1, above); the Sale of Assets Other Than Inventory or services. See line 1 instructions A1 and A2 gross revenue (gross receipts less for a discussion on contributions reportable on contributions); the direct expenses; and the net A. What is included on line 5 line 1 and revenue reportable on line 6. See income (gross revenue less direct expenses). also General Instruction L. Furnish the same information, in total Report on line 5a all sales of securities and sales of all other types of investments (such Calling any required payment a “donation” figures, for all other special events held that are as real estate, royalty interests, or partnership or “contribution” on tickets, advertising, or not among the largest three. Indicate the type interests) as well as sales of all other solicitation materials does not change how and number of the events not listed individually noninventory assets (such as program-related these payments should be reported on Form (for example, three dances and two raffles). investments and fixed assets used by the 990-EZ. An example of this schedule of special organization in its related and unrelated The gross proceeds from gambling activities events might appear in columnar form as activities). and other special events must be reported in follows: the amount column on line 6a without reduction
Specific Instructions for Form 990-EZ Page 27
All benefits the organization gives its officers and Special Events: (A) (B) (C) Other Total B. What is not included on line 10 employees. Report them on line 12. Gross Receipts $xx $xx $xx $xx $xx 1. Administrative expenses.— Do not include Less: Contributions xx xx xx xx xx on this line expenses made in selecting Line 12—Salaries, Other Gross Revenue xx xx xx xx xx recipients or monitoring compliance with the Compensation, and Employee Benefits terms of a grant or award. Enter those Less: Direct Expenses xx xx xx xx xx Enter the total salaries and wages paid to all expenses on lines 12 through 16. Net Income or (loss) $xx $xx $xx $xx $xx 2. Purchases of goods or services from employees and the fees paid to officers, affiliates.— Do not report the cost of goods or directors, and trustees. Include the total of the If you use this format, report the total for employer's share of the contributions the Contributions on line 1 of Form 990-EZ and on services purchased from affiliates on line 10. Report these as expenses on lines 12 through organization paid to qualified and nonqualified line 6a (within the parentheses of the pension plans and the employer's share of description line). Report the totals for Gross 16. contributions to employee benefit programs Revenue, in the amount column, on line 6a; 3. Membership dues paid to another (such as insurance, health, and welfare Direct Expenses on line 6b; and Net Income organization.— Report membership dues that programs) that are not an incidental part of a or (loss) on line 6c. the organization pays to another organization pension plan. Complete the Form 5500 series for general membership benefits, such as return/report that is appropriate for the Lines 7a–c—Gross Sales of Inventory regular services, publications, and materials on organization's plan. 1. Sales of inventory.— Include on line 7a the line 16, as “Other expenses.” Also include in the total the amount of gross sales (less returns and allowances) of Federal, state, and local payroll taxes for the inventory items, whether the sales activity is C. Attached schedule year that are imposed on the organization as an exempt function or an unrelated trade or Attach a schedule to explain the amounts an employer. This includes the employer's business. Include all inventory sales except reported on line 10. Show on this schedule: share of social security and Medicare taxes, sales of goods at special events, which are ● Each class of activity, Federal unemployment tax (FUTA), state reportable on line 6. ● The donee's name and address, unemployment compensation tax, and other 2. Cost of goods sold.— On line 7b, report ● The amount given, and state and local payroll taxes. Taxes withheld the cost of goods sold related to sales of such ● The relationship of the donee (in the case from employees' salaries and paid over to the inventory. The usual items included in cost of of grants to individuals) if the relationship is by various governmental units (such as Federal goods sold are direct and indirect labor, blood, marriage, adoption, or employment and state income taxes and the employees' materials and supplies consumed, freight-in, (including employees' children) to any person share of social security and Medicare taxes) and a proportion of overhead expenses. or corporation with an interest in the are part of the employees' salaries included on Marketing and distribution expenses are not organization, such as a creator, donor, director, line 12. Report expenses paid or incurred for includible in cost of goods sold. Include those trustee, officer, etc. employee events such as a picnic or holiday expenses on lines 12 through 16. Any grants reported on line 10 that were party on this line. 3. Investments.— Do not include on line 7 approved during the year but not paid by the sales of investments on which the organization due date for filing Form 990-EZ (including Line 13—Professional Fees and Other expected to profit by appreciation and sale. extensions) must be identified and listed Payments to Independent Contractors Report sales of these investments on line 5. separately in the line 10 schedule. Enter the total amount of legal, accounting, Give the name and address of each affiliate auditing, other professional fees (such as fees Line 8—Other Revenue that received any payment reported on line 10. for fundraising or investment services) and Enter the total income from all sources not Specify both the amount and purpose of these related expenses charged by outside firms and covered by lines 1 through 7. Examples of payments. individuals who are not employees of the types of income includible on line 8 are interest Classify activities on this schedule in more organization. Do not include any penalties, on notes receivable not held as investments detail than by using such broad terms as fines, or judgments imposed against the or as program-related investments (defined in charitable, educational, religious, or scientific. organization as a result of legal proceedings. the line 2 instructions); interest on loans to For example, identify payments to affiliates; Report and identify those expenses on line 16. officers, directors, trustees, key employees, payments for nursing services; fellowships; or Report fees paid to directors and trustees on and other employees; and royalties that are not payments for food, shelter, or medical services line 12. investment income or program service for indigents or disaster victims. For payments revenue. to indigent families, do not identify the Line 14—Occupancy, Rent, Utilities, individuals. and Maintenance Line 10—Grants and Similar Amounts If an organization gives property other than Enter the total amount paid or incurred for the Paid cash and measures an award or grant by the use of office space or other facilities, heat, light, Reporting for line 10, in accordance with SFAS property's fair market value, also show on this power, and other utilities, outside janitorial 116, is acceptable for Form 990-EZ purposes, schedule: services, mortgage interest, real estate taxes but not required by IRS. However, see General ● A description of the property, and property insurance attributable to rental Instruction E. ● The book value of the property, property, and similar expenses. Do not subtract An organization that makes a grant to be ● How you determined the book value, from rental expenses reported on line 14 any paid in future years should, according to SFAS ● How you determined the fair market value, rental income received from renting or 116, report the grant's present value on line 10. and subletting rented space. See instructions for Accruals of present value increments to the ● The date of the gift. line 2 and 4 to determine whether such income unpaid grant should also be reported on line is reportable as exempt function income or Any difference between a property's fair investment income. However, report on line 14 10 in future years. market value and book value should be any rental expenses for rental income reported A. What is included on line 10 recorded in the organization's books of account on lines 2 and 4. If the organization records and on line 20. depreciation on property it occupies, enter the Enter the amount of actual grants and similar Educational institutions and agencies amounts paid to individuals and organizations total for the year. subject to the Family Educational Rights and For an explanation of acceptable methods selected by the filing organization. Include Privacy Act (20 U.S.C. 1232g) are not required scholarship, fellowship, and research grants to for computing depreciation, see Pub. 946, How to list the names of individuals who were to Depreciate Property. individuals. provided scholarships or other financial 1. Specific assistance to individuals.— assistance where such disclosure would violate Line 15—Printing, Publications, Include on this line the amount of payments to, the privacy provisions of the law. Instead, such or for the benefit of, particular clients or organizations should group each type of Postage, and Shipping patients, including assistance by others at the financial aid provided, indicate the number of Enter the printing and related costs of expense of the filing organization. individuals who received the aid, and specify producing the reporting organization's own 2. Payments, voluntary awards, or grants to the aggregate dollar amount. newsletters, leaflets, films, and other affiliates.— Include on line 10 certain types of informational materials on this line. Include the payments to organizations “affiliated with” Line 11—Benefits Paid To or For costs of outside mailing services on this line. (closely related to) the reporting organization. Members Also include the cost of any purchased These payments include predetermined quota publications as well as postage and shipping For an organization that gives benefits to costs not reportable on lines 5b, 6b, or 7b. Do support and dues payments by local members or dependents (such as organizations to their state or national not include any expenses, such as salaries, for organizations exempt under section 501(c)(8), which a separate line is provided. organizations. (9), or (17)), enter the amounts paid for: (a) Note: If the organization uses Form 990-EZ for death, sickness, hospitalization, or disability state reporting purposes, be sure to distinguish Line 16—Other Expenses benefits; (b) unemployment compensation between payments to affiliates and awards and benefits; and (c) other benefits. Do not include, Include here such expenses as penalties, fines, grants. See General Instruction E. on this line, the cost of employment-related and judgments; unrelated business income taxes; insurance and real estate taxes not
Page 28 Specific Instructions for Form 990-EZ
attributable to rental property or reported as Line 27—Net Assets or Fund Balances A failure to fully complete Part IV can subject occupancy expenses; depreciation on both the organization and the individuals investment property; travel and transportation Subtract line 26 (total liabilities) from line 25 responsible for such failure to penalties for costs; interest expense; and expenses for (total assets) to determine net assets. Enter filing an incomplete return. See General conferences, conventions, and meetings. this net asset amount on line 27. The amount Instruction K. In particular, entering the phrase entered in column (B) should agree with the net on Part IV, “Information available upon Some states that accept Form 990-EZ in asset or fund balance amount on line 21. satisfaction of their filing requirements may request,” or a similar phrase, is not acceptable. require that certain types of miscellaneous States that accept Form 990-EZ as their The organization may also provide an expenses be itemized. See General Instruction basic report form may require a separate attachment to explain the entire 1996 E. statement of changes in net assets. See compensation package for any person listed in General Instruction E. Part IV. Line 18—Excess or (Deficit) for the A “key employee” is any person having Year Part III—Statement of Program responsibilities or powers similar to those of Enter the difference between lines 9 and 17. If Service Accomplishments officers, directors, or trustees. The term line 17 is more than line 9, enter the difference Provide the information specified in the heading includes the chief management and in parentheses. for Part III for each of the organization's three administrative officials of an organization (such largest program services (as measured by total as an executive director or chancellor) but does Line 19—Net Assets or Fund Balances expenses incurred) or for each program service not include the heads of separate departments at Beginning of Year if the organization engaged in three or fewer or smaller units within an organization. of such activities. A chief financial officer and the officer in Enter the amount from the prior year's balance If part of the total expenses of any program charge of administration or program operations sheet or from Form 5500, 5500-C/R, or an service consists of grants reported on line 10, are both key employees if they have the approved DOL form if General Instruction F show the amount of the grants in the space authority to control the organization's activities, applies. provided. Section 501(c)(3) and (4) its finances, or both. The “heads of separate Line 20—Other Changes in Net Assets organizations and section 4947(a)(1) departments” reference applies to persons nonexempt charitable trusts must show the such as the heads of the radiology department or Fund Balances amount of grants to others. or coronary care unit of a hospital or the head Attach a statement explaining any changes in Only section 501(c)(3) and (4) organizations of the chemistry or history or English net assets or fund balances between the and section 4947(a)(1) nonexempt charitable department at a college. These persons are beginning and end of the year that are not trusts must enter the total expenses of each managers within their specific areas but not for accounted for by the amount on line 18. program service they reported in Part III. the organization as a whole and, therefore, are Amounts to report here include adjustments of Completing the expense column in Part III is not key employees. earlier years' activity; unrealized gains and optional for all other organizations. losses on investments carried at market value; A program service is a major (usually Column (C) and any difference between fair market value ongoing) objective of an organization such as For each person listed, report salary, fees, and book value of property given as an award adoptions, recreation for the elderly, bonuses, and severance payments paid. or grant. See General Instruction G regarding rehabilitation, or publication of journals or Include current-year payments of amounts the reporting of a section 481(a) adjustment to newsletters. Describe program service reported or reportable as deferred conform to SFAS 116. accomplishments through measurements such compensation in any prior year. as clients served, days of care, therapy Part II—Balance Sheets sessions, or publications issued. Column (D) All organizations, except those that meet one If the quantity of output is intangible Include in this column all forms of deferred of the exceptions in General Instruction F, must services, as in a research activity, describe the compensation and future severance payments complete columns (A) and (B) of Part II of the objective of the activity for this time period as (whether or not funded; whether or not vested; return and may not submit a substitute balance well as the overall longer-term goal. and whether or not the deferred compensation sheet. Failure to complete Part II may result in Give reasonable estimates for any statistical plan is a qualified plan under section 401(a)). penalties for filing an incomplete return. See information if exact figures are not readily Include also payments to welfare benefit plans General Instruction K. available from the records the organization on behalf of the officers, etc. Such plans Some states require more information. See normally maintains. Indicate that the provide benefits such as medical, dental, life General Instruction E for more information information provided is an estimate. insurance, severance pay, disability, etc. about completing a Form 990-EZ to be filed Donated services.— If the organization so Reasonable estimates may be used if precise with any state or local government agency. chooses, show in the narrative section of Part cost figures are not readily available. III the value of any donated services or use of Unless the amounts were reported in column Line 22—Cash, Savings, and materials, equipment, or facilities received and (C), report, as deferred compensation in Investments utilized in connection with specific program column (D), salaries and other compensation Include all interest and non-interest bearing services. Do not include these amounts in the earned during the period covered by the return, accounts such as petty cash funds, checking expense column in Part III. but yet not paid by the date the organization accounts, savings accounts, money market Reporting other program services and files its return. funds, commercial paper, certificates of expenses.— Attach a schedule that lists the deposit, U.S. treasury bills, and other organization's other program services. The Column (E) government obligations. Also include the book detailed information required in Part III for the Enter both taxable and nontaxable fringe value of securities held as investments, and all three largest services is not required for the benefits (other than de minimis fringe benefits other investment holdings including land and services listed on this schedule. However, described in section 132(e)). Include amounts buildings held for investment. Report the section 501(c)(3) and (4) organizations as well that the recipients must report as income on income from these investments on line 4. as section 4947(a)(1) nonexempt charitable their separate income tax returns. Examples trusts should also report the expenses include amounts for which the recipient did not Line 23—Land and Buildings attributable to their program services. account to the organization or allowances that Enter the book value (cost or other basis less were more than the payee spent on serving the accumulated depreciation) of all land and Part IV—List of Officers, Directors, organization. Include payments made under buildings owned by the organization and not Trustees, and Key Employees indemnification arrangements, the value of the held for investment. personal use of housing, automobiles, or other List each person who was an officer, director, assets owned or leased by the organization (or Line 24—Other Assets trustee, or key employee (defined below) of the provided for the organization's use without organization at any time during the year even charge), as well as any other taxable and Enter the total of other assets along with a if they did not receive any compensation from description of those assets. Amounts to include nontaxable fringe benefits. See Pub. 525 for the organization. Enter a zero in columns (C), more information. here are (among others) receivable accounts, (D), or (E) if no compensation, contributions, inventories, and prepaid expenses. Form 941 must be filed to report income tax expenses and other allowances were paid withholding and social security and Medicare during the reporting year, or deferred for taxes. The organization must also file Form 940 Line 25—Total Assets payment to a future accounting period. Give the to report Federal unemployment tax, unless the Enter the amount of total assets. If the preferred address at which officers, etc., want organization is not subject to these taxes. See end-of-year total assets entered in column (B) the Internal Revenue Service to contact them. Pub. 15 (Circular E), for more information. See are $250,000 or more, Form 990 must be filed Use an attachment if there are more than four also the trust fund recovery penalty discussion instead of Form 990-EZ. persons to list in Part IV. in General Instruction D for Form 941. Show all forms of cash and noncash compensation received by each listed officer, etc., whether paid currently or deferred.
Specific Instructions for Form 990-EZ Page 29
Part V—Other Information section 6033(e) and that the organization had Form 990 that 90% or more of its members no lobbying and political expenditures cannot deduct their dues (or similar amounts) Note: Section 501(c)(3) organizations and potentially subject to the proxy tax. as business expenses whether or not any part section 4947(a)(1) nonexempt charitable trusts The notice and reporting requirements of their dues are used for lobbying purposes. must also complete and attach a Schedule A (and the proxy tax) only apply to certain 8. Any organization that is not a membership (Form 990) to their Form 990-EZ or Form 990. organizations exempt under sections organization. See the discussion in General Instruction D for 501(c)(4), (5), and (6). Therefore, Schedule A (Form 990). organizations that are not section 501(c)(4), Exception 2. $2,000 in-house lobbying (5), and (6) organizations should check “No” to exception.— Section 6033(e)(1) provides Line 33—Change in Activities line 35a unless they had unrelated business another exception from the notice and reporting Attach a statement to explain any significant income as described above. requirements for any organization whose only changes in the kind of activities the Certain section 501(c)(4), (5), and (6) lobbying and political expenditures consisted organization conducts to further its exempt organizations are subject to the notice and of in-house lobbying expenditures for direct purpose. Include new or modified activities not reporting requirements of section 6033(e) and lobbying activities (defined below) and the total listed as current or planned in the potential proxy tax. These organizations must of such expenditures was $2,000 or less. organization's application for recognition of inform their members as to what portion of their An organization satisfies the $2,000 exemption or not already made known to the dues were allocable to the organization's in-house lobbying exception if (a) it made no IRS by a letter to its key district director or by political or lobbying activities. Section 6033(e) political expenditures or foreign lobbying an attachment to the organization's return for provides a flow-through rule that disallows a expenditures during the 1996 reporting year, any earlier year. Also include any major member's business expense deduction for that (b) its only lobbying expenditures during the program activities that are being discontinued. portion of membership dues paid to an 1996 reporting year consisted of in-house organization which engages in political or direct lobbying expenditures aggregating Line 34—Changes in Organizing or lobbying activities. $2,000 or less, excluding any allocable Governing Documents Political expenditures for which the section overhead expenses, and (c) the organization Attach a conformed copy of any changes to the 527 tax has been paid (on Form 1120-POL) are did not receive a waiver for proxy tax owed for articles of incorporation, or association, disregarded for the purposes of the section the prior year. Also excluded in determining constitution, trust instrument, or other 6033(e) proxy tax. whether the $2,000 ceiling amount was organizing document, or to the bylaws or other If the organization elects not to give its exceeded are all direct lobbying expenditures governing document. members an estimate of anticipated of any local council or similar governing body A “conformed copy” is one that agrees with nondeductible lobbying and political expenses with respect to legislation or proposed the original document and all amendments to allocable to dues, etc., then the organization is legislation of direct interest to the organization it. If the copies are not signed, they must be subject to a proxy tax on its actual lobbying and or its members. accompanied by a written declaration signed political expenses allocable to dues for that “Direct lobbying” includes (a) attempting to by an officer authorized to sign for the year. The proxy tax is equal to the amount influence legislation through communication organization, certifying that they are complete subject to the tax, multiplied by the highest with legislators, their staff, and other and accurate copies of the original documents. corporate rate in effect for the tax year. The tax government officials, and (b) attempting to Photocopies of articles of incorporation is reported on Form 990-T. influence the official actions of Federal showing the certification of an appropriate state Exception 1 or Exception 2 may exempt an Executive Branch officials through direct official need not be accompanied by such a organization classified as tax-exempt under communication with such officials, but does not declaration. See Rev. Proc. 68-14, 1968-1 C.B. sections 501(c)(4), (5) or (6) from the notice include attempting to influence any local 768, for details. When a number of changes and reporting requirements (and the proxy tax). council with respect to legislation of direct are made, attach a copy of the entire revised interest to the organization or its members. organizing instrument or governing document. Exception 1. Section 6033(e)(3) exception Direct lobbying does not include any grassroots However, if your exempt organization for nondeductible dues.— Section 6033(e)(3) lobbying. Grassroots lobbying refers to changes its legal structure, such as from a trust allows an exception from the notice and attempts to influence any segment of the to a corporation, you must file a new exemption reporting requirements to any organization general public regarding legislative matters or application to establish that the new legal entity when substantially all its dues are paid by referendums. qualifies for exemption. members who are not entitled to deduct such “In-house expenditures” include salaries and dues in computing their taxable income. If your other expenses of the organization's officials Line 35—Unrelated Business Income organization meets any of the criteria in and staff but do not include any payments to and Lobbying Proxy Tax Exception 1, you do not need to complete and other taxpayers engaged in lobbying or political attach lines 85a-h of Form 990. See Rev. Proc. activities as a trade or business. Nor do Unrelated business income 95-35 as amended by Rev. Proc. 95-35A (fully in-house expenditures include any dues paid cited in the line 85 instructions of Form 990) for to another organization that are allocable to Check “Yes” on line 35a if the organization's guidelines. These guidelines treat the following lobbying or political activities. total gross income from all of its unrelated classes of organizations as meeting the section trades and businesses is $1,000 or more for 6033(e)(3) exception: Line 36—Liquidation, Dissolution, the year. Gross income is gross receipts less 1. All organizations exempt from tax under Termination, or Substantial the cost of goods sold. See Pub. 598 for a section 501(a), other than section 501(c)(4), Contraction description of unrelated business income and 501(c)(5), and 501(c)(6) organizations. the Form 990-T filing requirements. Form If there was a liquidation, dissolution, 990-T is not a substitute for Form 990-EZ. 2. Local associations of employees' and termination, or substantial contraction, attach Items of income and expense reported on Form veterans' organizations described in section a statement explaining what took place. 990-T must also be reported on Form 990-EZ 501(c)(4), but not other social welfare For a complete liquidation of a corporation when the organization is required to file both organizations. or termination of a trust, check the “Final forms. 3. Labor unions and other labor Return” box in the heading of the return. On the Note: All tax-exempt organizations must pay organizations described in section 501(c)(5), attached statement, show whether the assets estimated taxes with respect to their unrelated but not agricultural and horticultural have been distributed and the date. Also attach business income if they expect their tax liability organizations. a certified copy of any resolution, or plan of to be $500 or more. Use Form 990-W to 4. Section 501(c)(4), (5), and (6) liquidation or termination, etc., with all compute this tax. organizations more than 90% of whose dues amendments or supplements not already filed. are received from section 501(c)(3) In addition, attach a schedule listing the names Lobbying expenses organizations, state governments, local and addresses of all persons who received the governments, entities whose income is exempt assets distributed in liquidation or termination; Check “Yes” to line 35a if the organization was from tax under section 115, or organizations the kinds of assets distributed to each one; and subject to the section 6033(e) notice and described in 1 through 3, above. each asset's fair market value. reporting requirements for lobbying and political expenses incurred in the 1996 5. Section 501(c)(4) and (5) organizations A “substantial contraction” is a partial reporting year. If “Yes” is checked on line 35a, that receive more than 90% of their annual liquidation or other major disposition of assets attach to your Form 990-EZ, page 5 of Form dues from persons, families, or entities who except transfers for full consideration or 990 with lines 85a-h completed, unless you each paid annual dues of $52 or less in 1996. distributions from current income. meet either Exception 1 or Exception 2 The applicable dues amount is adjusted A “major disposition of assets” means any described below. You need not complete any annually for inflation. See Rev. Proc. 95-53, disposition for the tax year that is: of the other lines on page 5 of Form 990. See 1995-2 C.B. 445. 1. At least 25% of the fair market value of the the Form 990 line 85 instructions before 6. Any organization that receives a private organization's net assets at the beginning of completing lines 85a-h. letter ruling from the IRS that it satisfies the the tax year; or If you check “No” to line 35a, you are section 6033(e)(3) exception. 2. One of a series of related dispositions certifying that the organization was not subject 7. Any organization that keeps records to begun in earlier years that add up to at least to the notice and reporting requirements of substantiate the claim in its Form 990-EZ or 25% of the net assets the organization had at
Page 30 Specific Instructions for Form 990-EZ
the beginning of the tax year when the first received from officers, directors, trustees, and Investment income earned by a section disposition in the series was made. Whether key employees. For example, if the 501(c)(7) organization is not tax-exempt a major disposition of assets took place organization borrowed $1,000 from one officer income unless it is set aside to be used only for through a series of related dispositions and loaned $500 to another, none of which has religious, charitable, scientific, literary, or depends on the facts in each case. been repaid, report $1,500 on line 38b. educational purposes, or for the prevention of See Regulations section 1.6043-3 for special For loans outstanding at the end of the year, cruelty to children or animals. The organization rules and exceptions. attach a schedule as described below. Report is required to file Form 990-T and report its any interest expense on line 16 and any investment income along with the Line 37—Expenditures for Political interest income on line 2, 4, or 8, depending organization's other unrelated business income Purposes on the nature of the receivable that created the if the combined amount of gross investment A political expenditure is one intended to interest income. income and other unrelated business income influence the selection, nomination, election, 1. When loans should be reported exceeds $1,000. or appointment of anyone to a Federal, state, separately.— In the required schedule, report 2. Nondiscrimination policy.— A section or local public office, or office in a political each loan separately, even if more than one 501(c)(7) organization is not exempt from organization, or the election of Presidential or loan was made to or received from the same income tax if any written policy statement, Vice Presidential electors. It does not matter person, or the same terms apply to all loans including the governing instrument and bylaws, whether the attempt succeeds. made. Salary advances and other advances for allows discrimination on the basis of race, An expenditure includes a payment, the personal use and benefit of the recipient, color, or religion. distribution, loan, advance, deposit, or gift of and receivables subject to special terms or However, section 501(i) allows social clubs money, or anything of value. It also includes a arising from nontypical transactions, must be to retain their exemption under section contract, promise, or agreement to make an reported as separate loans for each officer, 501(c)(7) even though their membership is expenditure, whether or not legally director, trustee, and key employee. limited (in writing) to members of a particular enforceable. 2. When loans should be reported as a religion if: 1. All section 501(c) organizations.— Section single total.— In the required schedule, report 1. The social club is an auxiliary of a 501(c) organizations must file Form 1120-POL receivables that are subject to the same terms fraternal beneficiary society that is exempt if their political expenditures and their net and conditions (including credit limits and rate under section 501(c)(8) and limits its investment income both exceed $100 for the of interest) as receivables due from the general membership to the members of a particular year. public (occurring in the normal course of the religion; or If a section 501(c) organization establishes organization's operations) as a single total for 2. The social club's membership limitation is and maintains a section 527(f)(3) separate all the officers, directors, trustees, and key a good faith attempt to further the teachings or segregated fund, see the specific instructions employees. Report travel advances for official principles of that religion, and the limitation is for line 81, Form 990. business of the organization as a single total. not intended to exclude individuals of a 3. Schedule format.— For each outstanding particular race or color. 2. Section 501(c)(3) organizations.— A section 501(c)(3) organization will lose its loan or other receivable that must be reported separately, the attached schedule should show Line 40a—Section 501(c)(3) tax-exempt status if it engages in political organizations: Disclosure of excise activity. the following information (preferably in A section 501(c)(3) organization must pay columnar form): taxes paid under section 4911, 4912, an excise tax for any amount paid or incurred ● Borrower's name and title; or 4955 ● Original amount; on behalf of, or in opposition to, any candidate TBOR2 amended section 6033(b) to require for public office. The organization must pay an ● Balance due; section 501(c)(3) organizations to disclose any additional excise tax if it fails to correct the ● Date of note; excise tax paid during the year under sections expenditure timely. ● Maturity date; 4911 (excess lobbying expenditures), 4912 A manager of a section 501(c)(3) ● Repayment terms; (disqualifying lobbying expenditures), or 4955 organization who knowingly agrees to a ● Interest rate; (political expenditures). These amendments political expenditure must pay an excise tax, ● Security provided by the borrower; only apply to returns for taxable years unless the agreement is not willful and there is ● Purpose of the loan; and beginning after July 30, 1996. reasonable cause. A manager who does not ● Description and fair market value of the agree to a correction of the political expenditure Lines 40b, 40c, and 40d—Section consideration furnished by the lender (for 501(c)(3) and 501(c)(4) organizations: may have to pay an additional excise tax. example, cash—$1,000; or 100 shares of XYZ, When an organization promotes a candidate Inc., common stock—$9,000). Disclosure of section 4958 excess for public office (or is used or controlled by a The above detail is not required for benefit transactions and excise taxes candidate or prospective candidate), amounts receivables or travel advances that may be paid or reimbursed paid or incurred for the following purposes are reported as a single total. However, report and political expenditures: TBOR2 amended sections 6033(b) and 6033(f) ● Remuneration to such individual (a identify those totals separately in the to require section 501(c)(3) and section attachment. 501(c)(4) organizations to report on their Form candidate or prospective candidate) for 990, or Form 990-EZ, the amount of taxes paid speeches or other services; Line 39—Section 501(c)(7) under section 4958 (excess benefit ● Travel expenses of such individual; Organizations transactions) involving the organization, as well ● Expenses of conducting polls, surveys, or as any other information the Secretary may other studies, or preparing papers or other 1. Gross receipts test.— A section 501(c)(7) organization may receive up to 35% of its gross require concerning those transactions. These material for use by such individual; amendments also only apply to returns for ● Expenses of advertising, publicity, and receipts, including investment income, from sources outside its membership and remain tax taxable years beginning after July 30, 1996. fundraising for such individual; and exempt. Part of the 35% (up to 15% of gross Accordingly, affected organizations do not have ● Any other expense that has the primary to include information on taxes paid under receipts) may be derived from public use of a effect of promoting public recognition or social club's facilities. section 4958, or any other information that may otherwise primarily accruing to the benefit of be required with respect to excess benefit For this purpose, “gross receipts” are the transactions, on their returns for taxable years such individual. club's income from its usual activities. The term An organization is effectively controlled by a beginning before July 31, 1996. See General includes charges, admissions, membership Instruction P and Notice 96-46, 1996-39 candidate or prospective candidate only if such fees, dues, assessments, investment income individual has a continuing, substantial I.R.B. 7 for a discussion on excess benefit (such as dividends, rents, and similar receipts), transactions. involvement in the day-to-day operations or and normal recurring capital gains on management of the organization. investments. Gross receipts do not include For Line 40b, attach a statement describing A determination of whether the primary capital contributions (as defined in Regulations any excess benefit transaction, the disqualified purpose of an organization is promoting the section 1.118-1), initiation fees, or unusual person or persons involved, and whether or not candidacy or prospective candidacy of an amounts of income such as income received the excess benefit transaction was corrected. individual for public office is made on the basis from the club's selling its clubhouse. Although For Line 40c, enter the amount of taxes paid of all the facts and circumstances. See section gross receipts usually do not include initiation under section 4958 (excess benefit 4955 and Regulations section 53.4955. fees, these should be included for college transactions) by organization managers or Use Form 4720 to figure and report these fraternities or sororities or other organizations disqualified persons. excise taxes. that charge membership initiation fees, but not For Line 40d, enter the amount of tax on annual dues. Line 40c that was reimbursed by the Line 38—Loans to or From Officers, If the 35% and 15% limits do not affect the organization. Any reimbursement of the excise Directors, Trustees, and Key club's exempt status, include the income from tax liability of a disqualified person or Employees line 39b on the club's Form 990-T. organization manager will be treated as an excess benefit unless (1) the organization Enter the end-of-year unpaid balance of treats the reimbursement as compensation secured and unsecured loans made to or
Specific Instructions for Form 990-EZ Page 31
during the year the reimbursement is made, Line 43—Section 4947(a)(1) include exempt-interest dividends received and (2) the total compensation to that person, Nonexempt Charitable Trusts from a mutual fund or other regulated including the reimbursement, is reasonable. investment company as well as tax-exempt Section 4947(a)(1) nonexempt charitable trusts interest received directly. Line 41—List of States that file Form 990-EZ instead of Form 1041 must complete this line. The trust should List each state with which the organization is filing a copy of this return in full or partial satisfaction of state filing requirements.