Information Return for Transfers Associated OMB No. 1545-0047 Form 8870 With Certain Personal Benefit Contracts (Rev. October 2021) Page 1 of Department of the Treasury (Under section 170(f)(10)) Internal Revenue Service ▶ Go to www.irs.gov/Form8870 for instructions and the latest information. For the accounting period beginning , , and ending , . Name of organization Employer identification number Print or type. See Number and street (or P.O. box if mail is not delivered to street address) Room/suite Telephone number Specific Instruc- City or town, state or country, and ZIP code Check ▶ if exemption application tions. is pending Type of organization: Organization exempt under section 501(c)( ) ◀ (insert number) Section 4947(a)(1) nonexempt charitable trust Section 664(d)(2) charitable remainder unitrust Section 664(d)(1) charitable remainder annuity trust Other section 170(c) organization Part A. Personal Benefit Contracts (a) (b) (c) Item Contract Issuer Policy number number Name, address, and ZIP code No. 1 No. 2 No. 3 No. 4 No. 5 Part B. Premiums Paid on Personal Benefit Contracts by the Organization or Treated as Paid by the Organization (b) (c) (e) (a) (d) (f) Date premium Amount of premium Amount of Item number Date premium Total of amounts in paid by the paid by the premium paid by from Part A paid by others columns (c) and (e) organization organization others No. No. No. No. No. (g) Total of amounts in column (f) . . . . . . . . . . . . . . . . . . . . . . . ▶ (g) (h) Amount from line (g) of Part B of the Continuation Schedule . . . . . . . . . . . . . ▶ (h) (i) Total. (Add lines (g) and (h). Enter total here and include this amount on line 8 of Part I of the Form 4720.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ▶ (i) For Paperwork Reduction Act Notice, see the instructions. Cat. No. 28906R Form 8870 (Rev. 10-2021) |
Form 8870 (Rev. 10-2021) Page 2 Part C. Beneficiaries (a) (b) (c) Item number Beneficiary’s name, address, and Beneficiary’s SSN or EIN from Part A ZIP code No. No. No. No. No. Part D. Transferors (a) (b) (c) (d) Item number Transferor’s name, address, and Date organization Amount of from Part A ZIP code received transfer transfer No. No. No. No. No. Under penalties of perjury, I declare that I have examined this return, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. Declaration of preparer (other than officer) is based on all information of which preparer has any knowledge. Sign Here ▲ ▲ Signature of officer Date Type or print name and title. Print/Type preparer’s name Preparer’s signature Date PTIN Paid Check if self-employed Preparer ▶ Firm’s name ▶ Firm’s EIN Firm’s address Use Only ▶ Phone no. Form 8870 (Rev. 10-2021) |
Form 8870 (Rev. 10-2021) Page 3 Continuation Schedule (You may duplicate this Schedule. See instructions.) Page of Part A. Personal Benefit Contracts (cont.) (a) (b) (c) Item Contract Issuer Policy number number Name, address, and ZIP code No. No. No. Part B. Premiums Paid on Personal Benefit Contracts by the Organization or Treated as Paid by the Organization (cont.) (b) (c) (e) (a) (d) (f) Date premium Amount of Amount of Item number Date premium Total of amounts in paid by the premium paid by premium paid from Part A paid by others columns (c) and (e) organization the organization by others No. No. No. (g) Total premiums. Add the amounts in column (f). (Enter here and on Part B, page 1, line (h).) . . ▶ (g) Part C. Beneficiaries (cont.) (a) (b) (c) Item number Beneficiary’s name, address, Beneficiary’s SSN or EIN from Part A and ZIP code No. No. No. Part D. Transferors (cont.) (a) (b) (c) (d) Item number Transferor’s name, address, and Date organization Amount of from Part A ZIP code received transfer transfer No. No. No. Form 8870 (Rev. 10-2021) |
Form 8870 (Rev. 10-2021) Page 4 General Instructions For this exception to apply, the charitable organization must possess all the incidents of ownership and be entitled to all the Section references are to the Internal Revenue Code unless payments under the annuity contract. otherwise noted. Exception for charitable remainder trusts. Under section Future Developments 170(f)(10)(E), a person receiving annuity or unitrust payments from a charitable remainder trust is not treated as an indirect For the latest information about developments related to beneficiary of a life insurance, annuity, or endowment contract if Form 8870 and its instructions, such as legislation enacted after the trust possesses all of the incidents of ownership under the they were published, go to www.irs.gov/Form8870. contract and is entitled to all payments under the contract. Who Must File When To File Section 170(f)(10) requires a charitable organization described in A charitable organization, other than a charitable remainder section 170(c) or a charitable remainder trust described in trust described in section 664(d), that paid premiums on a section 664(d) to complete and file Form 8870 if it paid personal benefit contract must file Form 8870 by the fifteenth premiums after February 8, 1999, on certain life insurance, day of the fifth month after the end of the tax year. A charitable annuity, and endowment contracts (personal benefit contracts). remainder trust described in section 664(d) must file Form 8870 Note. Section 170(f)(10)(A) denies a charitable contribution by April 15 following the calendar year during which it paid the deduction for a transfer to a “charitable organization” if the premiums. charitable organization pays any premium on a personal benefit If the regular due date falls on a Saturday, Sunday, or legal contract with respect to the transferor. If there is an holiday, file on the next business day. A business day is any understanding or expectation that any other person will pay any day that is not a Saturday, Sunday, or legal holiday. premium on the personal benefit contract, that payment is If the return is not filed by the due date (including any treated as made by the organization. extension granted), attach a statement giving the reasons for Section 170(f)(10)(F)(iii) requires a charitable organization to not filing on time. report annually: 1. The amount of any premiums it paid on a personal benefit Where To File contract to which section 170(f)(10) applies, Send the return to the Department of the Treasury, Internal 2. The name and taxpayer identification number (TIN) of each Revenue Service, Ogden, UT 84201-0027. beneficiary under each contract to which the premiums relate, Private delivery services. You can use certain private delivery and services (PDS) designated by the IRS to meet the “timely 3. Any other information the Secretary may require. mailing as timely filing/paying rule” for tax returns and payments. Go to www.irs.gov/PDS for the current list of Definitions designated services. Charitable organization. A charitable organization is an The PDS can tell you how to get written proof of the mailing organization described in section 170(c). For purposes of this date. form, a charitable remainder trust, as defined in section 664(d), is also a charitable organization. Extension of Time To File Personal benefit contract. In general, section 170(f)(10)(B) A charitable organization, including a charitable remainder trust, defines a “personal benefit contract,” with respect to the may obtain an extension of time to file Form 8870 by filing Form transferor, as any life insurance, annuity, or endowment 8868, Application for Extension of Time To File an Exempt contract that benefits, any direct or indirect beneficiary, the Organization Return, on or before the due date of the return. transferor, a member of the transferor’s family, or any other Generally, the IRS will not grant an extension of time for more person designated by the transferor (other than an organization than 90 days. If more time is needed, file a second Form 8868 described in section 170(c)). for an additional 90-day extension. In no event will an extension Exception for charitable gift annuity. Under section 170(f) of more than 6 months be granted to any domestic organization. (10)(D), a person receiving payments under a charitable gift annuity (as defined in section 501(m)(5)) funded by an annuity Amended Return contract purchased by a charitable organization is not treated The organization may file an amended return at any time to as an indirect beneficiary of a personal benefit contract if the change or add to the information reported on a previously filed timing and amount of the payments under the annuity contract return for the same period. are substantially the same as the charitable organization’s obligations under the charitable gift annuity. |
Form 8870 (Rev. 10-2021) Page 5 An amended return must provide all the information called for Specific Instructions by the form and instructions, not just the new or corrected information. Write “Amended Return” at the top of an amended Completing the Heading of Form 8870 Form 8870. Accounting period. Use Form 8870 to report either on a Signature calendar year accounting period or on an accounting period other than a calendar year (either a fiscal year or a short period To make the return complete, an officer of the organization (less than 12 months)). This information should be the same authorized to sign it must sign in the space provided. For a information as reported on your Form 990, 990-EZ, 990-PF, or corporation or association, this officer may be the president, 5227. vice president, treasurer, assistant treasurer, chief accounting officer, or other corporate or association officer, such as a tax Name and address. Include the suite, room, or other unit officer. A receiver, trustee, or assignee must sign any return he number after the street address. If the Post Office does not or she files for a corporation or association. For a trust, the deliver mail to the street address, and the organization has a authorized trustee(s) must sign. P.O. box, show the box number instead of the street address. For foreign addresses, enter information in the following Paid Preparer Use Only order: city, province or state, and the name of the country. Anyone who prepares the return but does not charge the Follow the foreign country’s practice in placing the postal code organization should not sign the return. Certain others who in the address. Please do not abbreviate the country name. prepare the return should not sign. For example, a regular, If a change in address occurs after the return is filed, use full-time employee of the lender, such as a clerk, secretary, etc., Form 8822, Change of Address, to notify the IRS of the new should not sign. address. Generally, anyone who is paid to prepare a return must sign it Employer identification number. The organization should and fill in the other blanks in the Paid Preparer Use Only area of have only one federal employer identification number (EIN). If the return. A paid preparer cannot use a social security number it has more than one and has not been advised which to use, in the Paid Preparer Use Only box. The paid preparer must use notify the Department of the Treasury, Internal Revenue a preparer tax identification number (PTIN). If the paid preparer Service, Ogden, UT 84201-0027. State what numbers the is self-employed, the preparer should enter his or her address in organization has, the name and address to which each the box. The paid preparer must: number was assigned, and the address of its principal office. • Sign the return in the space provided for the preparer’s The IRS will advise the organization which number to use. signature, Telephone number. Enter a telephone number of the • Enter the preparer information, and organization that the IRS may use during normal business • Give a copy of the return to the organization. hours to contact the organization. If the organization does not have a telephone number, enter the telephone number of Penalties the appropriate organization official. Returns required by section 170(f)(10)(F)(iii) are subject to the Application pending. If the organization’s application for penalties applicable to returns required under section 6033. exemption is pending, check this box and complete the return. There are also criminal penalties for willful failure to file and for Type of organization. If the organization is exempt under filing fraudulent returns and statements. See sections 7203, section 501(c), check the applicable box and insert, within 7206, and 7207. the parentheses, the number that identifies the type of section 501(c) organization the filer is. Private foundations should enter Other Returns You May Need To File “3” to indicate that they are a section 501(c)(3) organization. If Excise tax return. Section 170(f)(10)(F)(i) imposes on a the organization is a section 4947(a)(1) nonexempt charitable charitable organization an excise tax equal to the premiums trust, a section 664 charitable remainder trust, or other section paid by the organization on any personal benefit contract, if the 170(c) organization, check the applicable box. payment of premiums is in connection with a transfer for which a deduction is not allowed under section 170(f)(10)(A). Part A. Personal Benefit Contracts For purposes of this excise tax, section 170(f)(10)(F)(ii) Note. In Parts A through D, you will be reporting on personal provides that premium payments made by any other person, benefit contracts for which you paid premiums or received pursuant to an understanding or expectation described in transfers during the tax year. section 170(f)(10)(A), are treated as made by the charitable Use the Continuation Schedule if you have more than five organization. personal benefit contracts to report. You may duplicate the A charitable organization liable for excise taxes under section Continuation Schedule and attach as many schedules as you 170(f)(10)(F)(i) must file a return on Form 4720, Return of Certain need to Form 8870. Complete the Continuation Schedule Excise Taxes Under Chapters 41 and 42 of the Internal Revenue following the Specific Instructions for Parts A through D. Code, to report and pay the taxes due. However, complete line (g) on only one Continuation Schedule. The figure on that Continuation Schedule should be the Information returns. Generally, an organization described in combined total of all your Continuation Schedules. Follow the section 170(c) files either Form 990, Return of Organization line (g) instruction on page 3 of the form to carry the line (g) total Exempt From Income Tax, Form 990-EZ, Short Form Return of amount to Part B, page 1, line (h). Organization Exempt From Income Tax, or Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated To avoid filing an incomplete return or having to respond to as a Private Foundation. requests for missing information, complete all applicable line items. Make an entry (including a zero when appropriate). A charitable remainder trust described in section 664(d) files Form 5227, Split-Interest Trust Information Return. Column (a). Designate the first personal benefit contract you are reporting as item No. 1. Refer to the second personal Phone Help benefit contract you are reporting as item No. 2, etc. In the If you have questions and/or need help completing Form 8870, Parts that follow, you are to provide more information for the please call 877-829-5500. This toll-free telephone service is personal benefit contract you identified as No. 1, No. 2, etc. available Monday through Friday. |
Form 8870 (Rev. 10-2021) Page 6 Part B. Premiums Paid on Personal Benefit Contracts Column (a). Identify all personal benefit contracts with the by the Organization or Treated as Paid by the same item number you used in Part A. List these contracts in Organization consecutive order. If, in connection with any transfer to a charitable organization, Column (b). Report the name, address, and ZIP code of each the organization directly or indirectly pays premiums on any transferor of funds, transferred directly or indirectly, for use as personal benefit contract, or there is an understanding or premiums on each personal benefit contract. expectation that any person will directly or indirectly pay such premiums, the organization must report the following Paperwork Reduction Act Notice information. We ask for the information on this form to carry out the Internal Premiums Paid by the Organization Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying Note. Complete Part B for all premiums paid during the tax with these laws and to allow us to figure and collect the right year for which the organization is filing Form 8870. amount of tax. Column (a). Identify all personal benefit contracts by the same You are not required to provide the information requested on item number you used in Part A. List these contracts in the a form that is subject to the Paperwork Reduction Act unless consecutive order they were reported in Part A. the form displays a valid OMB control number. Books or Premiums Paid by Others but Treated as Paid by the records relating to a form or its instructions must be retained as Organization long as their contents may become material in the Column (f). Enter the total premiums from columns (c) and (e) administration of any Internal Revenue law. Generally, tax paid by the organization, directly or indirectly, and other returns and return information are confidential, as required by persons during the tax year, on each personal benefit contract. section 6103. However, certain returns and return information of tax-exempt organizations and trusts are subject to public Line (i). Carry this total to Form 4720, line 8, Part I, to report the disclosure and inspection, as provided by section 6104. excise tax due. The time needed to complete and file this form will vary Part C. Beneficiaries depending on individual circumstances. The estimated burden Column (a). Identify all personal benefit contracts by the same for tax-exempt organizations filing this form is approved under item number you used in Part A. List these contracts in OMB control number 1545-0047 and is included in the consecutive order. estimates shown in the instructions for their information return. Column (b). Report the name, address, and ZIP code of the If you have comments concerning the accuracy of these time beneficiary under each personal benefit contract. estimates or suggestions for making this form simpler, we would Column (c). Enter the social security number (SSN) or employer be happy to hear from you. You can send us comments from identification number (EIN) of the beneficiary, entered in column www.irs.gov/FormComments. Or you can write to: (b), of each personal benefit contract. Internal Revenue Service Tax Forms and Publications Division Part D. Transferors 1111 Constitution Ave. NW, IR-6526 Report in Part D all transfers made during the tax year to the Washington, DC 20224 organization in connection with each personal benefit contract Do not send the tax form to this address. Instead, see Where listed in Part A. To File on page 4. |