Enlarge image | Userid: CPM Schema: Leadpct: 100% Pt. size: 9.5 Draft Ok to Print instrx AH XSL/XML Fileid: … -form-4720/2024/a/xml/cycle06/source (Init. & Date) _______ Page 1 of 23 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2024 Instructions for Form 4720 Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code (Sections 170(f)(10), 664(c)(2), 4911, 4912, 4941, 4942, 4943, 4944, 4945, 4955, 4958, 4959, 4960, 4965, 4966, 4967, and 4968) Section references are to the Internal Revenue Contents Page Separate returns. A manager, Code unless otherwise noted. Donor Advised Funds self-dealer, disqualified person, donor, Contents Page (Section 4966) . . . . . . . . . . . . 17 donor advisor, or related person who General Instructions . . . . . . . . . . . . . 2 Schedule L—Taxes on Prohibited owes tax under Chapter 41 or 42, Benefits Distributed From (including an entity manager under Purpose of Form . . . . . . . . . . . . . . . 2 Donor Advised Funds Who Must File . . . . . . . . . . . . . . . . 2 (Section 4967) . . . . . . . . . . . . 18 section 4965), may no longer report the Where and How To File . . . . . . . . . . . 3 Schedule M—Tax on Hospital tax on the Form 4720 filed by the When To File . . . . . . . . . . . . . . . . . 4 Organization for Failure to organization. Each taxpayer must file a Extension . . . . . . . . . . . . . . . . . . . 4 Meet the Community Health separate Form 4720. Name, Address, etc. . . . . . . . . . . . . 4 Needs Assessment Requirements (Sections 4959 Electronic filing for private founda- Signature and Verification . . . . . . . . . 4 and 501(r)(3)) . . . . . . . . . . . . . 19 tions. Under Regulations section Attachments . . . . . . . . . . . . . . . . . . 4 Schedule N—Tax on Excess 1.6033-2(a)(2)(ii)(J), private foundations Organizations Organized or Executive Compensation are required to report such information Created in a Foreign Country . . . . 4 (Section 4960) . . . . . . . . . . . . 19 as is required by Form 4720 as part of Tax Payments . . . . . . . . . . . . . . . . . 5 Schedule O—Excise Tax on Net their information reporting requirement Rounding Off to Whole Dollars . . . . . . 5 Investment Income of Private under section 6033. Therefore, private Penalties and Interest . . . . . . . . . . . . 5 Colleges and Universities foundations reporting information (Section 4968) . . . . . . . . . . . . 20 Abatement . . . . . . . . . . . . . . . . . . . 5 required as to liability for tax imposed Paid Preparer . . . . . . . . . . . . . . . . 21 Initial Tax Liability and Correction . . . . 5 under Chapter 42 on the Form 4720 Phone Help . . . . . . . . . . . . . . . . . 21 Completing the Schedules . . . . . . . . 6 (Schedules A-F, J, or N) must file this Photographs of Missing Children . . . 21 Amended Return . . . . . . . . . . . . . . . 6 form electronically. Other filers of Form How To Get Forms and Specific Instructions for Page 1 . . . . . . 6 Publications . . . . . . . . . . . . . . 21 4720 may be required to file Schedule A—Initial Taxes on IRS e-Services Makes Taxes electronically as described in Where Self-Dealing (Section 4941) . . . . . 8 Easier . . . . . . . . . . . . . . . . . . 21 and How To File, later. See Regulations Schedule B—Initial Tax on Index . . . . . . . . . . . . . . . . . . . . . 23 section 301.6011-12. Additionally, any Undistributed Income (Section other filer of Form 4720 who is not 4942) . . . . . . . . . . . . . . . . . . . 9 required to file electronically may also Schedule C—Initial Tax on Excess Future Developments Business Holdings (Section For the latest information about voluntarily use the electronic form. 4943) . . . . . . . . . . . . . . . . . . . 9 developments related to Form 4720 and Entity or person subject to tax filing Schedule D—Initial Taxes on its instructions, such as legislation Form 4720 with respect to more than Investments That Jeopardize enacted after they were published, go to one organization. Item B in the header Charitable Purpose (Section IRS.gov/Form4720. area of Form 4720 is revised for use by 4944) . . . . . . . . . . . . . . . . . . 12 Schedule E—Initial Taxes on any entity (other than the organization) Taxable Expenditures Reminders or person who is required to file Form (Section 4945) . . . . . . . . . . . . 13 4720 to report and pay an excise tax Electronic filing for filers that are not Schedule F—Initial Taxes on under Chapters 41 or 42 of the Internal Political Expenditures private foundations. Under final Revenue Code with respect to more (Section 4955) . . . . . . . . . . . . 13 regulations (T.D. 9972) issued in than one organization. The information Schedule G—Tax on Excess February 2023, filers of Form 4720 that entered in Item B will allow IRS systems Lobbying Expenditures are not private foundations are required to accept and process multiple Form (Section 4911) . . . . . . . . . . . . 14 to file Form 4720 electronically if they 4720 filings under the same taxpayer Schedule H—Taxes on file 10 or more returns in the aggregate number (Employer Identification Disqualifying Lobbying in a calendar year. The regulations are Number or Social Security Number). Expenditures (Section 4912) . . . 14 effective for returns required to be filed Schedule I—Initial Taxes on for tax years ending on or after Explanations of corrective action Excess Benefit Transactions taken. Instead of using Item B to collect (Section 4958) . . . . . . . . . . . . 15 December 31, 2023. See Where and Schedule J—Taxes on Being a How To File, for more information. information about corrections made (or Party to Prohibited Tax Shelter Forms 4720 filed by private not made) on taxable events, Form 4720 Transactions (Section 4965) . . . 16 foundations are publicly disclosable. is revised to request information about Schedule K—Taxes on Taxable Don’t enter Social Security Numbers on such corrections in each of Schedules Distributions of Sponsoring these publicly disclosable returns. A, B, C, D, E, F, or I. Now, for each Organizations Maintaining transaction to which an initial tax applies under sections 4941, 4942, 4943, 4944, Instructions for Form 4720 (2024) Catalog Number 13023Z Dec 4, 2024 Department of the Treasury Internal Revenue Service www.irs.gov |
Enlarge image | Page 2 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 4945, 4955, or 4958, the organization or manager of a sponsor of a donor 501(h) and owe tax on excess lobbying any other entity or person required to file advised fund, relating to distributions expenditures as figured on Schedule C Form 4720 to report one or more such that result in prohibited benefits from a (Form 990), Part II-A, must file Form transactions, must indicate whether a donor advised fund. 4720 to report the liability and pay the correction has been made (or not) on • The section 4968 taxes on net tax (Schedule G). Certain organizations the Schedule where each transaction is investment income of certain private whose section 501(c)(3) status is reported. colleges and universities. revoked because of excess lobbying • The section 170(f)(10) tax on any activities (and possibly their managers) General Instructions premiums paid on a personal benefit are subject to a 5% excise tax on their contract in connection with a transfer to lobbying expenditures (Schedule H). an organization or charitable remainder Purpose of Form Charitable organizations that en- trust for which a charitable deduction gage in excess benefit transactions. Use Form 4720 to figure and pay the isn't allowed to the transferor. Form 4720 must be filed by any following. The section 664(c)(2) tax on the • organization that answered “Yes” to • The initial taxes on private unrelated business taxable income of a question 25a in Part V of Form 990 or foundations, disqualified persons, or charitable remainder trust. foundation managers under sections that otherwise engaged in an excess 4941 through 4945 for self-dealing, benefit transaction described in section failure to distribute income, excess Who Must File 4958. (Schedule I). business holdings, investments that Organizations and Any Related Charitable organizations that make jeopardize charitable purpose, and Organization Subject to Tax certain premium payments on per- taxable expenditures (see instructions sonal benefit contracts. Form 4720 for Schedules A through E for Under Chapter 41 or 42 definitions). Organizations liable for excise tax under must be filed by any organization • The initial tax on certain supporting Chapter 41 or 42 should complete the described in section 170(c) or section organizations and donor advised funds schedule(s) described below, as 664(d) that answered “Yes,” to question for excess business holdings under applicable. Taxes owed by the 7f in Part V of Form 990, question 6b in section 4943. organization are reported in Part I only. Part VI-B of Form 990-PF, question 6b in Part VIII of Form 5227, or that otherwise • The section 4911 tax on excess The organization should not paid premiums on a personal benefit lobbying expenditures by public ! enter any amount(s) in Part II. contract in connection with a transfer to charities that have elected to be subject CAUTION Part II is used by persons and an organization for which a charitable to section 501(h) regarding entities other than the organization to deduction was not allowed to the expenditures to influence legislation. report and pay excise tax liability relating transferor (Part I, line 8). (Private foundations and section transactions or activities described in 4947(a) trusts aren't eligible to make this the applicable schedule. Certain tax-exempt entities that are a election). party to a prohibited tax shelter • The section 4912 tax on disqualifying Private foundations and section transaction (PTST). Certain lobbying expenditures that result in loss 4947(a) trusts. Generally, Form 4720 tax-exempt entities must file Form 4720 of section 501(c)(3) tax-exempt status. must be filed by all organizations, to report the liability and pay the tax due • The section 4955 tax imposed on any including foreign organizations, that under section 4965(a)(1) (Schedule J). amount paid or incurred by a section answered “Yes,” to question 1b, 1d, 2b, This requirement applies to entities 501(c)(3) organization that participates 3b, 4a, 4b, 5b, 6b, 7b, or 8 in Part VI-B of described in sections 501(c), 501(d), or or intervenes in any political campaign Form 990-PF; or “Yes,” to question 1b, 170(c) (other than the United States) or on behalf of, or in opposition to, any 1c, 3b, 4a, 4b, 5b, 6b, or 7 in Part VIII of an Indian tribal government (within the candidate for public office. Form 5227. (Schedules A through E). meaning of section 7701(a)(40)). • The section 4958 initial taxes on Any entity described in section disqualified persons and organization Other organizations owing initial tax- managers of section 501(c)(3) (except es on excess business holdings. TIP 4965(c) that is a party to a PTST private foundations), section 501(c)(4), Supporting organizations described in must file Form 8886-T. and section 501(c)(29) organizations section 4943(f)(3) and donor advised that engage in excess benefit funds described in section 4966(d)(2) Sponsoring organizations maintain- transactions. that owe the tax reported on Schedule C ing donor advised funds. All section • The section 4959 tax on the failure by (section 4943(a)). (Schedule C). 170(c) organizations (excluding private foundations and government a hospital organization to meet the Organizations making political ex- organizations referred to in sections community health needs assessment penditures. All section 501(c)(3) 170(c)(1) and 170(c)(2)(A)) that requirements under section 501(r)(3). organizations that make a political maintain one or more donor advised • The section 4960 taxes on excess expenditure must file Form 4720 to funds must file Form 4720 to report the tax-exempt organization executive report the liability and pay the tax liability and pay the tax owed on any compensation. (Schedule F). Organization managers taxable distributions under section 4966 • The section 4965 taxes on prohibited may report any first-tier tax they owe on (Schedule K). In addition, sponsoring tax shelter transactions. Schedule F of Form 4720. (See organizations that have made a • The section 4966 taxes on taxable Schedule F instructions, later, for the distribution resulting in a prohibited distributions by sponsoring definition of political expenditures.) benefit to a donor, donor advisor, or organizations maintaining donor related person must file Form 4720 to Public charities making excess lob- advised funds. report the distribution (Schedule L). bying expenditures. Public charities • The section 4967 taxes on a donor, that made the election under section donor advisor, or related party, and a 2 Instructions for Form 4720 (2024) |
Enlarge image | Page 3 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Charitable remainder trusts. All • Answered “Yes” to line 16 in Part V of For general information about electronic charitable remainder trusts described in Form 990 or that otherwise is a private filing, visit IRS.gov/Efile, and see Pub. section 664 that have unrelated college or university that is an eligible 4163, Modernized e-file Information for business taxable income for the tax year educational institution, as defined in Authorized IRS e-File Providers for must file Form 4720 to report the liability section 25A(f)(2); Business Returns. and pay the tax due (Part I, line 11). • Had at least 500 students during the Mandatory electronic filing for pri- Unrelated business taxable income is preceding tax year, with more than 50% vate foundations. All private figured under section 512 and is of those students located in the United foundations reporting information determined as if Part III of subchapter F States; and required as to liability for tax imposed applies to such trusts. Use Form 990-T • Had an aggregate fair market value, under Chapter 42 on the Form 4720 to compute unrelated business taxable at the end of the preceding tax year, of (Schedules A-F, J, or N) must file this income. The charitable remainder trust assets not used directly in the carrying form electronically, regardless of the should not submit Form 990-T for out of the organization’s exempt number of other returns the private processing as a return. Instead, attach a purpose, held by the organization and foundation must file during the calendar copy of the completed Form 990-T and related organizations, of at least year. Form 4720 returns filed on paper file it with Form 4720. $500,000 per student. by organizations required to file Hospital organizations failing to Other Filers electronically will not be accepted or processed. meet the community health needs Managers, self-dealers, disqualified assessment requirements (Sections persons, donors, donor advisors, Mandatory electronic filing for other 501(r)(3), 4959). An excise tax is and related persons. A manager, than private foundations. Filers that imposed on the failure by a hospital self-dealer, disqualified person, donor, are not private foundations required to organization to meet the community donor advisor, or related person who file at least 10 returns of any type during health needs assessment (“CHNA”) owes tax under Chapter 41 or 42, the calendar year ending with or within requirements of section 501(r)(3) including an entity manager under the tax year must file their returns (Schedule M). section 4965, must file a separate Form electronically. “Returns” for purposes of Certain taxpayers that pay excess 4720 showing the tax owed. The Form these instructions include information executive compensation. An 4720 filed by a manager, self-dealer, returns (for example, Forms W-2 and applicable tax-exempt organization disqualified person, donor, donor Forms 1099), income tax returns, (ATEO) that pays to any covered advisor, or related person should employment tax returns (including employee more than $1 million in include the name of the organization in quarterly Forms 941, Employer’s remuneration or pays an excess Part II. If applicable, a separate Form Quarterly Federal Tax Return), and parachute payment during the year must 4720 should be filed for each excise returns. The failure to file a return file Form 4720 to report the liability and organization for which the manager, electronically when required is deemed pay the excise tax imposed by section self-dealer, disqualified person, donor, a failure to file the return even if the filer 4960. (Schedule N). An ATEO includes donor advisor, or related person owes submits a paper return. section 501(a) exempt organizations, tax. A person filing Form 4720 should On a year-by-year and form-by-form section 527 political organizations, enter their tax year at the top of Form basis, the IRS may waive, in cases of section 521 farmers’ cooperatives, and 4720. Enter the name, address, and undue hardship, the requirement that government entities that have income taxpayer identification number of the filers other than private foundations that excluded under section 115(1). If manager, self-dealer, disqualified file 10 or more returns file electronically. remuneration from a related person, donor, donor advisor, or related In certain circumstances, a filer may be organization is included to determine person in the address area at the top of administratively exempt from the the tax imposed by section 4960, the Form 4720. Enter the name of the requirement to file electronically. The related organization must file a separate organization in the name and address filer should keep documentation Form 4720 to report its share of liability area in Part II. Each manager, supporting their undue hardship or other for the tax on Schedule N. See the self-dealer, disqualified person, donor, applicable reason for not filing instructions for Schedule N, later, for the donor advisor, or related person should electronically in the filer’s records. For definition of related organization for complete all the information the form more information about mandatory purposes of the excise tax under section requires, including the schedule(s) electronic filing based on the 10–return 4960. applicable to each tax shown on Part II, threshold, waivers, and exemptions, see to the extent possible, and as Regulations section 301.6011–12. A governmental entity that is not applicable. TIP exempt from tax under section Paper filing. For filers submitting paper 501(a) and does not exclude Managers of tax favored returns: income under section 115(1) is not an TIP retirement plans, individual ATEO for purposes of section 4960. retirement arrangements, and savings arrangements described in Certain private colleges and univer- sections 401(a), 403(a), 403(b), 529, sities subject to the excise tax on 457(b), 408(a), 220(d), 408(b), 530, or net investment income (section 223(d) must report and pay tax due 4968). An applicable educational under section 4965(a)(2) on Form 5330. institution must file Form 4720 to report the liability and pay the excise tax imposed by section 4968. (Schedule O) Where and How To File An applicable educational institution is a Electronic filing. All persons required private college or university that: to file can file Form 4720 electronically. Instructions for Form 4720 (2024) 3 |
Enlarge image | Page 4 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. IF you are THEN use the Part II taxes on managers, self-deal- treasurer, assistant treasurer, chief located in ... following ers, disqualified persons, donors, accounting officer, or other corporate address ... donor advisors, or related persons. officer (such as tax officer). Each manager, self-dealer, disqualified For a partnership, the form may be the United States Department of the person, donor, donor advisor, or related signed by a partner or partners Treasury person, must file Form 4720 by the 15th authorized to sign the partnership Internal Revenue day of the 5th month after the end of return. Service Center their tax year. For a trust, the form must be signed Ogden, UT If the regular due date falls on a by the trustee(s). 84201-0027 Saturday, Sunday, or legal holiday, file a foreign country or Internal Revenue by the next business day. A receiver, trustee, or assignee a U.S. territory Service Center required to file any return on behalf of an P.O. Box 409101 Extension individual, a trust, estate, partnership, Ogden, UT 84409 Use Form 8868, Application for association, company, or corporation Extension of Time To File an Exempt must sign the Form 4720 filed for these Organization Return or Excise Taxes taxpayers. Private delivery services. You can Related to Employee Benefit Plans, to Also, a person with a valid power of use certain private delivery services request an automatic extension of time attorney may sign for the organization, (PDS) designated by the IRS to meet to file. The automatic extension will be foundation, manager, self-dealer, donor, the “timely mailing as timely filing/ granted if Form 8868 is properly donor advisor, or related person. paying” rule for tax returns and completed, filed, and any balance due Include a copy of the power of attorney payments. Go to IRS.gov/PDS for the shown on Form 4720 is paid by the due with the return. current list of designated services. date for Form 4720. The private delivery service can tell Attachments you how to get written proof of the Name, Address, etc. If you need more space, and are mailing date. For an organization filing its own Form permitted to file a paper form, attach Private delivery services can't deliver 4720, the name, address, and employer separate sheets showing the same items to P.O. boxes. You must use the identification number of the organization information in the same order as on the U.S. Postal Service to mail any item to should be the same as shown on Form printed form. Show the totals on the an IRS P.O. box address. Private 990-PF, Form 5227, Form 990, or Form printed form. delivery services deliver to: 990-EZ, and entered in the address field Enter the organization's name and at the top of the form. A self-dealer, EIN on each sheet. Use sheets that are Internal Revenue Service donor, donor advisor, related person, the same size as the form and indicate 1973 Rulon White Blvd. disqualified person, or manager filing a clearly the line of the paper form to Ogden, UT 84201 separate Form 4720 enters their name, which the information relates. address, and taxpayer identification number in the address field at the top of When To File Organizations Organized the form. The name and address of the Part I taxes on the organization. File organization to which taxes reported in or Created in a Foreign Form 4720 by the due date (not Part II relate is entered in the address Country including extensions) for filing the field at the top of Part II. Report all amounts in U.S. currency organization's Form 990-PF, Form 990, (state conversion rate used) and give Form 990-EZ, or Form 5227. If you Include the suite, room, or other unit aren't required to file any of these forms, number after the street address. information in English. Report items in total, including amounts and file Form 4720 by the 15th day of the 5th If the Post Office doesn't deliver mail transactions from both inside and month after the organization's to the street address, show the P.O. box outside the United States. accounting period ends. number instead of the street address. Chapter 42 taxes (including sections If the regular due date falls on a If you want a third party (such as an 4941 through 4945, 4955, 4958 through Saturday, Sunday, or legal holiday, file accountant or an attorney) to receive 4960, and 4965 through 4968) don't by the next business day. mail for the foundation or charity, enter apply to foreign organizations that Affiliated group member. See on the street address line “C/O” followed receive substantially all of their support section 4911(f) and the instructions for by the third party's name and street (other than gross investment income) Schedule G, later, for definition of address or P.O. box. from sources outside the United States. “affiliated group.” For the members of an See section 4948(b). These affiliated group of organizations that Signature and Verification organizations must complete this form have different tax years, and who are Each taxpayer required to file Form and file it in the same manner as filing Form 4720 to report tax under 4720 (see Who Must File, earlier) must domestic organizations. However, these section 4911, the tax year of the file their own return. Each return must organizations, as well as their affiliated group is the calendar year, be signed by a person authorized to foundation managers and self-dealers, unless all members of the group elect sign the return as of the date the return don't have to pay any tax that would under Regulations section 56.4911-7(e) is filed. otherwise be due on this return. (5) to make a member's year the group's For a corporation (or an association), For these purposes, a foreign tax year. the form may be signed by one of the organization is an organization not following: president, vice president, created or organized in or under the law 4 Instructions for Form 4720 (2024) |
Enlarge image | Page 5 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of the United States, a U.S. state or disqualified person or manager liable for Rounding Off to Whole territory, or the District of Columbia. the excise tax under section 4958(a)(1) Gifts, grants, contributions, or or (2). Disqualified persons and entity Dollars membership fees directly or indirectly managers should each file their own You may round off cents to whole dollars from a United States person (as defined return and should pay taxes on excess on your return and schedules. If you do in section 7701(a)(30)) are from sources benefit transactions that are imposed on round to whole dollars, you must round within the U.S. See Regulations section them under section 4958 from their own all amounts. To round, drop amounts 53.4948-1. funds. Any reimbursement of a under 50 cents and increase amounts disqualified person's tax liability from from 50 to 99 cents to the next dollar. Although a foreign organization For example, $1.39 becomes $1 and excess benefit transactions by the described in section 4948(b) isn't $2.50 becomes $3. organization will be treated as an excess subject to Chapter 42 taxes, it shall not benefit transaction subject to the tax be exempt from tax under section If you have to add two or more unless the organization included the 501(a) if it engages in a prohibited amounts to figure the amount to enter reimbursement in the disqualified transaction. See section 4948(c). A on a line, include cents when adding the person's compensation and the prohibited transaction is a transaction amounts and round off only the total. disqualified person's total compensation that would subject the organization or its was reasonable. See the instructions for disqualified person to a penalty under Penalties and Interest Schedule I, later, for information on section 6684 if the foreign organization There are penalties for failure to file or to excess benefit transactions. were a domestic organization. Unless pay tax. There are also penalties for the transaction constitutes a willful and Similarly, an organization that pays a willful failure to file, supply information or flagrant violation of a Chapter 42 prohibited benefit from a donor advised pay tax, and for filing fraudulent returns provision, a transaction violating a fund must report the transaction(s) on and statements, that apply to public Chapter 42 provision won't constitute a Schedule L but must not pay the tax charities, private foundations, prohibited transaction except under the liability of any donor advisor or manager managers, donors, donor advisors, following circumstances: liable for the excise taxes under section related persons, and self-dealers who 1. There was a prior Chapter 42 4967. Such persons should each file are required to file this return. See violation that resulted in a warning from their own return and pay the applicable sections 6651, 7203, 7206, and 7207. the IRS that a second violation would excise tax under section 4967 from their Also, see section 6684 for penalties that result in a prohibited transaction. own funds. Any reimbursement of a relate to tax liability under Chapter 42. donor advisor's tax liability under 2. The IRS provides notice that the Interest on any unpaid tax is charged section 4967 by the organization will be second transaction will constitute a at the underpayment rate established treated an additional prohibited benefit. prohibited transaction unless it is under section 6621. The interest on corrected within 90 days of the notice. underpayments is in addition to any Tax Payments 3. The second transaction isn't penalties. The organization or a related timely corrected. organization liable for the section 4960 excise tax on excess executive Abatement Reporting Self-Dealing, compensation, reports and computes Use Form 843, Claim for Refund and Excess Benefit the taxes owed on Part I. The Request for Abatement, to request Transactions, and organization or related organization abatement, refund, or relief under pays the applicable taxes on Part III of section 4962. See section 4962 for rules Prohibited Benefits the organization’s Form 4720. Each on abatement, refund, or relief from A private foundation that engages in a must file their own return and cannot file payment of first tier taxes under sections self-dealing transaction must report the jointly. 4942 through 4945, 4955, 4958, 4966, transaction on Schedule A but must not and 4967. Managers, self-dealers, disqualified pay the tax liability of any disqualified Note. If you file Form 4720 on paper, persons, donors, donor advisors, and person or manager liable for the excise you can submit the Form 843 with your related persons, report and compute the tax under section 4941(a)(1) or (2). Form 4720 or mail it separately, as applicable taxes on Part II. Such Payment by a private foundation of any persons pay the applicable tax on Part described in the instructions for that taxes owed by the foundation managers III, each filing a separate Form 4720. form. If you file Form 4720 electronically, or self-dealers will result in additional mail Form 843, as described in the taxes under the self-dealing and taxable Tax payments can be made by check instructions for that form, after receiving expenditure provisions (sections 4941 or through the Electronic Federal Tax confirmation your electronically filed and 4945, respectively). In addition, Payment System (EFTPS). For more Form 4720 has been accepted. these payments could impact the information about EFTPS or to enroll in foundation's calculation of undistributed EFTPS, visit the EFTPS website at Initial Tax Liability and income on Form 990-PF which could EFTPS.gov, or call 800-555-4477. You subject the foundation to additional can also get Pub. 966, Electronic Correction taxes under section 4942. Managers Federal Tax Payment System: A Guide If you pay an initial tax under sections and self-dealers should pay taxes to Getting Started. See below for an 4941 through 4945, 4955, and 4958, for imposed on them from their own funds. exception to this rule for small tax year 2024, the payment may not foundations. satisfy the entire tax liability for a taxable An organization that engages in an event. The taxable event is the act, excess benefit transaction must report failure to act, or transaction that resulted the transaction on Schedule I but must in the liability for initial taxes under these not pay the tax liability of any provisions. Instructions for Form 4720 (2024) 5 |
Enlarge image | Page 6 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Paying the tax and filing a Form 4720 you are a manager, self-dealer, year form as the form you are correcting. are required for each year or part of a disqualified person, donor, donor Check the “Amended Return” box in the year in the taxable period that applies to advisor, or related person. heading area. the taxable event. Generally, the taxable period begins with the date of the act or The organization will complete all Complete the entire return (not just investment and ends with the date parts of each applicable schedule, the part that changed) following the form corrective action is completed, a notice including computation of the initial tax and instructions for the amended year. of deficiency is mailed, or the tax is on other persons (for example, assessed, whichever comes first. Thus, self-dealers and managers), even Include a statement that identifies the the initial tax liability for those taxes though the organization is not liable for lines and amounts being changed and continues to accrue until the date a those tax amounts. Entities other than the reason for each change. notice of deficiency is mailed, the the organization and individuals filing violation is corrected, or the tax is Form 4720 should complete the parts of If the amended return shows tax due assessed, whichever comes first. a schedule that apply to the and you wish to request abatement of transaction(s) that give rise to their the tax reported on Form 4720, see To avoid additional taxes and liability. Where liability is being allocated Abatement, earlier. If the amended penalties, and in some cases, further among more than one person (for return results in an overpayment of tax initial taxes, a foundation, organization, example, two or more managers previously paid, show the amount of the disqualified person, or manager must allocating the initial tax on managers), overpayment in Part III, line 4. Do not file correct the taxable event within the the person filing the return should show Form 843, Claim for Refund and correction period. the full amount of tax and show how the Request for Abatement, to request a liability allocated. refund of an overpayment computed on Generally, the correction period Part III, line 4. begins on the date the event occurs and Note. See Liability for Tax (later in Part ends 90 days after the mailing date of a II) regarding allocation of liability among notice of deficiency, under section 6212, twoor more persons liable for an excise Specific Instructions for in connection with the second-tier tax tax under Chapter 42. Page 1 imposed on that taxable event. That An organization filing Form 4720 should time is extended by: The instructions for Schedules A check the appropriate box for the type of • Any period in which a deficiency can't through O describe acts or transactions annual return it files. If filing as an be assessed under section 6213(a) subject to tax under Chapter 42. Don't individual or taxable entity and the because a petition to the Tax Court for complete Schedules A and E if annual return you file isn't shown, redetermination of the deficiency is exceptions apply to all the acts or subject to a Chapter 42 tax, check pending, not extended by any transactions. In general, question A on “Other.” supplemental proceeding by the Tax page 1 and Schedules A, B, C, D, and E Court under section 4961(b), regarding don't apply to public charities. However, Question A. If filing as a person whether any correction was made, and Schedule C does apply to some public subject to a Chapter 42 tax, answer with • Any other period the IRS determines charities including certain sponsoring respect to the related organization. is reasonable and necessary to correct organizations of donor advised funds Question B. Answer “Yes” to question the taxable event. and certain supporting organizations B if you are a self-dealer, donor, donor that are treated as private foundations advisor, related person, disqualified The taxable event will be treated as for purposes of section 4943. See the person, or manager and you will be filing occurring: instructions for Schedule C for a Form 4720 to report and pay excise • For the tax on failure to distribute description of the public charities to taxes with respect to more than one income (section 4942), on the first day which section 4943 applies. organization. For example, if you are a of the tax year for which there was a failure to distribute income, Before completing Schedule C, manager of two private foundations, • For the tax on excess business determine whether the organization or both of which made taxable holdings (section 4943), on the first day donor advised fund has excess holdings expenditures for which the initial tax on on which there were excess business in any business enterprise. If the managers is imposed under section holdings, or organization or donor advised fund has 4945(a)(2), answer “Yes” to question B. • In any other case (sections 4941, holdings subject to the tax on excess Attach a list showing the name and EIN 4945, 4955, and 4958), on the date the business holdings, complete a separate of each organization. event occurred. Schedule C for each enterprise. You should also answer "Yes" to question B if you are a related Refer to the instructions for the Before completing Schedule D, organization that is reporting your applicable schedule for information determine whether the investment was ratable share of the section 4960 excise relating to corrections made (or not program related. If not, complete tax on excess executive compensation made) for the applicable excise tax. Schedule D for each investment for (reported on Part I) in the same year that which you answered “Yes,” to Form you are a disqualified person or Completing the Schedules 990-PF, Part VI-B, question 4a or b, or organization manager who must report Before completing any of the schedules Form 5227, Part VIII, question 4a or b. and pay an excise tax on Part II with in this return, read the applicable respect to the same organization. You instructions. If any completed schedule Amended Return cannot combine amounts from Part I shows taxes you owe, enter them on To correct a previously filed Form 4720 and Part II in Part III. Therefore, you will Part I if you are the organization (or (including the reporting of additional need to file separate returns - one to related organization subject to tax under excise taxes discovered after the report your ratable share of excess section 4960) or Part II of this return if original Form 4720 filing), use the same executive compensation on Part I, and a 6 Instructions for Form 4720 (2024) |
Enlarge image | Page 7 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. second return to report any excise taxes Line 11 2. Tax for acts of self-dealing in reported on Part II. which you participated as a manager, Section 664(c)(2) imposes an excise tax from Schedule A, Part III, column (d). Note. A complete list of organizations on the unrelated business taxable with respect to which you will file Form income of a charitable remainder trust. Line 2. Enter the tax on investments 4720 is necessary to ensure that all The excise tax is equal to the trust's that jeopardize charitable purpose from Form 4720 returns you must file can be unrelated business taxable income. Schedule D, Part II, column (d), that you accepted for processing. Enter the charitable remainder trust's took part in as a foundation manager. Part I unrelated business taxable income on Line 3. Enter the tax on taxable line 11. Part I is completed by the organization expenditures from Schedule E, Part II, or a related organization liable for tax Computation of unrelated business column (d), that you took part in as a under section 4960. taxable income. Charitable remainder foundation manager. trusts should use Form 990-T to Line 4. Enter the tax on political An organization filing Form 4720 compute their unrelated business expenditures from Schedule F, Part II, solely to report activity or transactions taxable income. Complete Form 990-T column (d), that you took part in as an on Schedule A, Schedule I, or as follows. organization or foundation manager. Schedule L, should leave lines 1 1. Enter the trust's name under Line 5. Enter the tax on disqualifying through 14 of Part I blank and enter a “Name of organization” and complete lobbying expenditures from Schedule H, zero on line 15. item D (EIN) at the top of page 1. Part II, column (d), that you took part in An organization filing form 4720 to 2. Complete as many Schedules A as an organization manager. report activity or transactions on (Form 990-T) as needed to calculate the Schedule A, Schedule I, or Schedule L trust’s unrelated business taxable Line 6. Enter the sum of: and that also owes excise tax for any income. Leave any line that does not 1. Taxes you owe as a disqualified transactions reported on other apply blank. Complete the applicable person, from Schedule I, Part II, column schedules should complete all parts of each Schedule A, including the (d), and applicable schedules, but report in Part I business activity code for each 2. Tax on excess benefit only the tax imposed on the Schedule A. Attach forms or other transactions in which you as organization. attachments required for a complete organization manager participated Schedule A. However, if Schedule D knowing that the transaction was an Note. The organization should not (Form 1041) is required, don't complete excess benefit transaction, from make any entries in Part II. Part V of Schedule D (Form 1041). Schedule I, Part III, column (d). 3. After all Schedules A have been Line 8 prepared, complete Form 990-T, Part I Line 7. Enter the tax on you as the only. Don't complete Parts II through V entity manager who approved or If the organization has an entry or the signature area of Form 990-T. otherwise caused the entity to be a TIP on this line, it must also file party to a prohibited tax shelter Form 8870. 4. Enter the amount from Part I, transaction from Schedule J, Part II, line 11 of Form 990-T on Part I, line 11 column (d). of Form 4720. Enter the total of all premiums paid Line 8. Enter the tax on taxable by the organization on any personal Part II distributions from sponsoring benefit contract if the payment of Part II is completed by a manager, self- organizations maintaining donor premiums is in connection with a dealer, disqualified person, donor, donor advised funds from Schedule K, Part II, transfer for which a deduction isn't advisor, or related person subject to tax column (d), that you took part in as a allowed under section 170(f)(10)(A). under sections 4912(b), 4941(a), manager. Also, if there is an understanding or 4944(a)(2), 4945(a)(2), 4955(a)(2), Line 9. Enter the sum of: expectation that any person will directly 4958(a), 4965(a)(2), 4966(a)(2), and or indirectly pay any premium on a 4967(a). Enter the name, address, and 1. Tax imposed on you as a donor, personal benefit contract for the employer identification number of the donor advisor, or related person, from transferor, include those premium foundation or organization with respect Schedule L, Part II, column (d), and payments in the amount entered on this to which tax is owed as a manager, 2. Tax imposed on you as a fund line. self-dealer, disqualified person, donor, manager who agreed to making of a donor advisor, or related person, as prohibited benefit distribution from A personal benefit contract is (to the computed in Schedules A, D, E, F, H, I, Schedule L, Part III, column (d). transferor) any life insurance, annuity, or J, K, and L. Liability for tax. A person's liability endowment contract that benefits directly or indirectly the transferor, a Note. A related organization that owes for tax as a manager, self-dealer, member of the transferor's family, or any section 4960 excise tax on excess disqualified person, donor, donor other person designated by the executive compensation should report advisor, or related person, under transferor (other than an organization the tax in Part I and should not make sections 4912, 4941, 4944, 4945, 4955, described in section 170(c)). entries in Part II. 4958, 4966, and 4967 is joint and several. Therefore, if more than one Line 1. Enter the sum of: person owes tax on an act as a For more information, see Notice 1. Taxes you owe as a self-dealer, manager, self-dealer, disqualified 2000-24, 2000-17 I.R.B. 952, at from Schedule A, Part II, column (d), person, donor, donor advisor, or related IRS.gov/pub/irs-irbs/irb00-17.pdf. and person, they may apportion the tax Instructions for Form 4720 (2024) 7 |
Enlarge image | Page 8 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. among themselves. However, when all connection with the initial tax imposed participation was not willful and was due managers, self-dealers, donors, donor on the self-dealer; to reasonable cause. advisors, related persons, or • The date the initial tax on the disqualified persons who are liable for self-dealer is assessed; or Specific Instructions tax on a particular transaction under • The date any correction of the act of Part I. List each act of self-dealing in sections 4912, 4941, 4944, 4945, 4955, self-dealing is completed. Part I. In column (c), for each act of 4958, 4966, or 4967 pay less than the self-dealing in Part I, indicate whether Self-dealing. Self-dealing includes any total tax due on that transaction, then the act has been corrected. For the direct or indirect: the IRS may charge the amount owed to purposes of a self-dealing transaction one or more of them regardless of the • Sale, exchange, or leasing of property between a private foundation and a described in section 4941, the term tax apportionment shown on this return. “correction” generally means undoing disqualified person (see definitions in Part III the Form 990-PF instructions), the transaction to the extent possible, • Lending of money or other extension but in any case, placing the private Line 1. Organizations and related of credit between a private foundation foundation in a financial position not organizations owing tax under section and a disqualified person, worse than that in which it would be if 4960 enter the total tax amount from • Furnishing of goods, services, or the disqualified person were dealing Part I, line 15. Managers, self-dealers, facilities between a private foundation under the highest fiduciary standards. disqualified persons, donors, donor and a disqualified person, Answer “Yes,” in column (c) if advisors, or related persons enter the • Payment of compensation (or correction has been made in whole or in total tax amount from Part II, line 10. payment or reimbursement of part. Answer “No,” only if the transaction Line 2. List total payments here, expenses) by a private foundation to a has not been corrected in any way. including amounts paid on extension disqualified person, • If correction has been made, provide with Form 8868. See the discussion on • Transfer to, or use by or for the benefit a detailed description of any correction Extensions, earlier, for details on of, a disqualified person of the income made, and the date of each correction. If amounts paid with extensions. or assets of a private foundation, and correction is partial, explain why • Agreement by a private foundation to complete correction has not been made. Line 3. Enter the tax due on this line. make any payment of money or other If correction is made in more than one Make check(s) or money order(s) property to a government official other transaction, describe each transaction payable to the United States Treasury. than an agreement to employ or make a separately. Line 4. This is your refund. Only grant to that individual for any period • If correction has not been made, persons with a legal right to a refund after the end of government service if provide a detailed explanation of why should file a refund request here. that individual will be ending correction hasn't been made and what government service within a 90-day steps are being taken to make the Amounts from Parts I and Part II correction. period. ! cannot be combined in Part III. Enter in column (e) the number CAUTION Exceptions to self-dealing. Go to IRS.gov Technical Guide 58 Excise designation from Form 990-PF, Part Taxes on Self-Dealing under IRC 4941 VI-B, question 1a, or Form 5227, Part Schedule A—Initial Taxes for a description of acts that aren't VIII, question 1a that applies to the act. on Self-Dealing (Section considered self-dealing. For example, “1a(1)” or “1a(4).” 4941) Initial taxes on self-dealer. An initial Part II. Enter in column (a) the names tax of 10% of the amount involved is of all disqualified persons who took part General Instructions charged for each act of self-dealing in the acts of self-dealing listed in Part I. Requirement. All organizations that between a disqualified person and a If more than one disqualified person answered “Yes,” to question 1b or 1d in private foundation for each year or part took part in an act of self-dealing, each Part VI-B of Form 990-PF, or “Yes,” to of a year in the taxable period. Any is individually liable for the entire tax in question 1b or 1c in Part VIII of Form disqualified person (other than a connection with the act. But the 5227, must complete Schedule A. In foundation manager acting only as disqualified persons who are liable for addition, a self-dealer or a manager that such) who takes part in the act of the tax may prorate the payment among participated in an act of self-dealing self-dealing must pay the tax. themselves. Enter in column (c) the tax to be paid by each disqualified person. knowing that it was such an act must Initial taxes on foundation manag- A self-dealer filing Form 4720 should also complete Schedule A. Complete ers. When a tax is imposed on a carry the appropriate amount in column Parts I, II, and III of Schedule A only in foundation manager for an act of (d) to Part II, line 1. connection with acts that are subject to self-dealing, the tax will be 5% of the the tax on self-dealing. amount involved in the act of The organization should not Paying the tax and filing a Form 4720 self-dealing for each year or part of a ! carry any amount from column is required for each year or part of a year year in the taxable period. However, the CAUTION (d) to Part II, line 1. in the taxable period that applies to the total tax imposed for all years in the act of self-dealing. Generally, the taxable period is limited to $20,000 for Part III. Enter in column (a) the names taxable period begins with the date on each act of self-dealing. The tax is of all foundation managers who took which the self-dealing occurs and ends imposed on any foundation manager part in the acts of self-dealing listed in on the earliest of: who took part in the act knowing that it Part I, and who knew that the acts were • The date a notice of deficiency is was self-dealing except those self-dealing (except for foundation mailed under section 6212, in foundation managers whose managers whose participation was not willful and was due to reasonable cause). 8 Instructions for Form 4720 (2024) |
Enlarge image | Page 9 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If more than one foundation manager applicable, indicate whether the election conducted to produce income from took part in the act of self-dealing, under 4942(h) has been made. See the selling goods or performing services, knowing that it was such an act, and Instructions for Form 990-PF, Part XII, that is an unrelated trade or business participation was willful and not due to lines 4b and 4c. described in section 513. reasonable cause, each is individually The term “business enterprise” liable for the entire tax in connection doesn't include a functionally related with the act. But the foundation Schedule C—Initial Tax on business, as defined in section 4942(j) managers liable for the tax may prorate Excess Business Holdings (4). In addition, business holdings don't the payment among themselves. Enter (Section 4943) include program-related investments in column (c) the tax to be paid by each (such as investments in small foundation manager. General Instructions businesses in economically depressed Carry the total amount in column (d) Private foundations may be subject to areas or in corporations to assist in for each foundation manager to Part II, an excise tax on the amount of any neighborhood renovations) as defined in line 1. excess holdings, as described later. For section 4944(c) and related regulations. purposes of section 4943, donor Also, business enterprise doesn't The organization should not advised funds and certain supporting include a trade or business at least 95% ! carry any amount from column organizations are considered private of the gross income of which comes CAUTION (d) to Part II, line 1. foundations. For more information on from passive sources. For more the applicability of Schedule C to such information, go to IRS.gov TG 61 Taxes organizations, see General rules on the on Investments which Jeopardize Schedule B—Initial Tax on permitted holdings of donor advised Charitable Purposes IRC 4944. Undistributed Income funds and certain supporting Excess business holdings. Excess (Section 4942) organizations in a business enterprise, business holdings is the amount of Complete Schedule B if you answered later. stock or other interest in a business “Yes,” to Form 990-PF, Part VI-B, Requirement. If you answered “Yes,” to enterprise that the foundation would question 2b. Form 990-PF, Part VI-B, question 3b; have to dispose of to a person other An initial excise tax of 30% is Form 990, Part V, question 8; or Form than a disqualified person in order for imposed on a private foundation's 5227, Part VIII, question 3b, or the foundation's remaining holdings in undistributed income on the first day of otherwise had excess business the enterprise to be permitted holdings the second or any succeeding tax year holdings, complete a Schedule C for (section 4943(c)(1)). Go to IRS.gov TG after the tax year in connection with each business enterprise in which the 60 Taxes on Excess Business Holdings which income remains undistributed. foundation had excess business IRC 4943 for more information. holdings for its tax year beginning in Sole proprietorships. In general, a Use the 2024 Form 4720 to report 2024. the initial tax on undistributed income for private foundation can't have any tax years beginning in 2023 or earlier Taxes. A private foundation that has permitted holdings in a business that remains undistributed at the end of excess holdings in a business enterprise that is a sole proprietorship. the foundation's current tax year enterprise may become liable for an For exceptions, go to IRS.gov TG 60 beginning in 2024. The initial tax won't excise tax based on the amount of Taxes on Excess Business Holdings apply to a private foundation's holdings. The initial tax is 10% of the IRC 4943. For a definition of sole undistributed income: value of the excess holdings and is proprietorship, see Regulations section • For any tax year it is an operating imposed on the last day of each tax year 53.4943-10(e). foundation (as defined in section 4942(j) that ends during the taxable period. The Corporate voting stock. This stock (3) and related regulations or in section excess holdings are determined on the entitles a person to vote for the election 4942(j)(5)); or day during the tax year when they were of directors. Treasury stock and stock • To the extent it didn't distribute an the largest. that is authorized but unissued isn't amount solely because of an incorrect If the foundation keeps the excess voting stock for these purposes. See valuation of assets, provided the business holdings after the initial tax Regulations sections 53.4943-3(b)(1)(ii) foundation satisfies the requirements of has been imposed, the foundation and 53.4943-3(b)(2)(ii). section 4942(a)(2); or becomes liable for an additional tax of For a partnership (including a limited • For any year for which the initial tax 200% of the remaining excess business partnership) or joint venture, the term was previously assessed or a notice of holdings unless it disposes of them “profits interest” should be substituted deficiency was issued. within the taxable period. However, if the for “voting stock.” For any Line 3. Undistributed income is foundation disposes of its excess unincorporated business enterprise that corrected by making sufficient qualifying business holdings during the correction isn't a partnership, joint venture, or sole distributions to compensate for deficient period, the additional tax won't be proprietorship, the term “beneficial qualifying distributions for a prior tax assessed or, if assessed, will be abated interest” should be substituted for year. You must attach a statement that and if collected, will be credited or “voting stock.” See Regulations section describes any qualifying distributions refunded. For information on the 53.4943-3(c). made to correct the undistributed correction period, go to IRS.gov TG 60 income and the date(s) those Taxes on Excess Business Holdings Nonvoting stock. Corporate equity distributions were made. If no qualifying IRC 4943. interests that don't have voting power should be classified as nonvoting stock. distributions have been made to correct Business enterprise. In general, this Evidences of indebtedness (including the undistributed income, explain why means the active conduct of a trade or convertible indebtedness), warrants, and describe steps you will take to make business, including any activity regularly the necessary qualifying distributions. If and other options or rights to acquire Instructions for Form 4720 (2024) 9 |
Enlarge image | Page 10 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. stock shouldn't be considered equity Disposition of excess business hold- other than donor advised funds and interests. See Regulations section ings within 90 days. Generally, when supporting organizations considered to 53.4943-3(b)(2). a private foundation acquires excess be private foundations for purposes of For a partnership (including a limited business holdings other than as a result section 4943, that had business partnership) or joint venture, the term of purchase by the foundation (such as holdings on May 26, 1969 (or holdings “capital interest” should be substituted an acquisition by a disqualified person), acquired by trust or will as described for “nonvoting stock.” For any the foundation won't be taxed on those below), that were more than the current unincorporated business that isn't a excess holdings if it disposes of enough limits permit, there are transitional rules partnership, joint venture, or sole of them so that it no longer has an that permit the foundation to dispose of proprietorship, references to nonvoting excess. To avoid the tax, the disposition the excess over time without being stock don't apply for computation of must take place within 90 days from the subject to the tax on excess business permitted holdings. See Regulations date the foundation knew, or had reason holdings. section 53.4943-3(c)(4). to know, of the event that caused it to During the first phase, no excess have excess business holdings. That business holdings tax was imposed on a Attribution of business holdings. In 90-day period will be extended to private foundation for interests held determining the holdings in a business enterprise of either a private foundation include the period during which federal since May 26, 1969, if the foundation or a disqualified person, any stock or or state securities laws prevent the had excess holdings on that date. The other interest owned directly or indirectly foundation from disposing of those first phase is: excess business holdings. See by or for a corporation, partnership, • A 20-year period beginning on May Regulations section 53.4943-2(a). estate, or trust is considered owned 26, 1969, if on that date the foundation proportionately by or for its General rules on the permitted hold- and all disqualified persons held more shareholders, partners, or beneficiaries. ings of a private foundation in a than a 95% voting interest in the In general, this rule doesn't apply to business enterprise. No excess enterprise (the 20-year first phase certain income interests or remainder business holdings tax is imposed (a) if a expired on May 25, 1989); interests of a private foundation in a private foundation and all disqualified • A 15-year period beginning on May split-interest trust described in section persons together hold no more than 26, 1969, if on that date the foundation 4947(a)(2). See Regulations section 20% of the voting stock of a business and all disqualified persons together 53.4943-8. enterprise, or (b) on nonvoting stock, if had more than a 75% voting stock all disqualified persons together don't interest (or more than a 75% profits or Taxable period. The taxable period beneficial interest of any unincorporated own more than 20% of the voting stock begins on the first day the foundation enterprise), or more than a 75% interest of the business enterprise. has excess business holdings and ends in the value of all outstanding shares of on the earliest of: If the private foundation and all all classes of stock (or more than a 75% • The mailing date of a notice of disqualified persons together don't own capital interest of a partnership or joint deficiency, under section 6212, in more than 35% of the enterprise's voting venture) in the enterprise (the 15-year connection with the initial tax on excess stock, and effective control is in one or first phase expired on May 25, 1984); business holdings related to those more persons who aren't disqualified and holdings; persons in connection with the • The date the excess is eliminated; or foundation, then 35% may be • A 10-year period beginning on May 26, 1969, in all other cases in which the • The date the initial tax on excess substituted for 20% wherever it appears foundation had excess business business holdings related to those in the preceding paragraph. See holdings on May 26, 1969. The 10-year holdings is assessed. sections 4943(c)(2) and 4943(c)(3). first phase expired on May 25, 1979. When a notice of deficiency isn't If a private foundation and all During the second phase (the mailed because the restrictions on disqualified persons together had 15-year period after the first phase), if assessment and collection are waived holdings in a business enterprise of the foundation's disqualified persons or because the deficiency is paid, the more than 20% of the voting stock on hold more than 2% of the enterprise's date of filing the waiver or the date of May 26, 1969, substitute that voting stock, the foundation will be liable paying the tax, respectively, will be percentage for 20% and for 35% (if the for tax if the foundation holds more than treated as the end of the taxable period. holding is greater than 35%), using the See Regulations section 53.4943-9. principles of section 4943(c)(4) that 25% of the voting stock or if the foundation and its disqualified persons apply. However, the percentage Exceptions to Tax on Excess substituted can't be more than 50%. together hold more than 50% of the voting stock. Business Holdings The percentage substituted under the preceding paragraph is (1) subject However, during the second phase, if a foundation's disqualified persons 2% de minimis rule. A private to reductions and limitations (see foundation won't be treated as having sections 4943(c)(4)(A)(ii) and 4943(c) purchase voting stock in a business enterprise after July 18, 1984, causing excess business holdings in any (4)(D)), and (2) applicable, both in enterprise in which it, together with connection with the voting stock and, the combined holdings of the disqualified persons to exceed 2% of related foundations, as described in the separately, in connection with the value instructions for Form 990-PF (under the of all outstanding shares of all classes of the enterprise's voting stock, the foundation has 5 years to reduce its definition for “disqualified person” in the stock (see section 4943(c)(4)(A)(iii)). holdings in the enterprise to below its General Instructions), owns not more Interests held by a private founda- second phase limit before the increase than 2% of the voting stock and not tion (other than donor advised funds will be treated as held by the foundation. more than 2% in value of all outstanding and supporting organizations) on See sections 4943(c)(4)(D) and 4943(c) shares of all classes of stock. May 26, 1969. For private foundations, (6). 10 Instructions for Form 4720 (2024) |
Enlarge image | Page 11 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The first-phase periods must be holdings. However, the date of August holdings to disqualified persons, as long suspended pending the outcome of any 17, 2006, will be substituted for May 26, as the sales price equals or is more than judicial proceeding the private 1969. fair market value. foundation brings and which is The excess business holdings Donor advised fund. In general, a necessary to reform, or to excuse it from involved are interests that are subject to donor advised fund is a fund or account compliance with its governing the section 4941 transitional rules for separately identified by reference to instrument or similar instrument in effect May 26, 1969, holdings. These interests contributions of a donor or donors that is on May 26, 1969. See section 4943(c) would also be subject to the excess owned and controlled by a sponsoring (4)(C) and Regulations section business holdings tax if they were not organization and for which the donor 53.4943-4. reduced by the required amount. has or expects to have advisory Holdings acquired by trust or will. privileges concerning the distribution or Specific Instructions Holdings acquired under the terms of a investment of the funds. See trust that was irrevocable on May 26, Schedule K for further details. Complete columns (a) and (b) of 1969, or under the terms of a will Schedule C if sections 4943(c)(4), Sponsoring organization. A executed by that date, are treated as 4943(c)(3) (using the principles of sponsoring organization is any section held by the foundation on May 26, 1969, 4943(c)(4)), or 4943(c)(5) apply. 170(c) organization other than except that the 15- and 10-year periods Complete column (a) and column (c) governmental entities (described in of the first phase for the holdings start (if applicable) if sections 4943(c)(2) or section 170(c)(1) and (2)(A)) that isn't a on the date of distribution under the trust 4943(c)(3) (using the principles of private foundation, as defined in section or will instead of on May 26, 1969. See 4943(c)(2)) apply. 509(a)(3), that maintains one or more section 4943(c)(5) and Regulations donor advised funds. See section section 53.4943-5. See section 4943(d) Complete Schedule C for that day 4966(d)(1). (1) and Regulations section 53.4943-8 during the tax year when the for rules relating to constructive holdings Supporting organizations. Only foundation's excess holdings in the held in a corporation, partnership, certain supporting organizations are enterprise were largest. estate, or trust for the benefit of the subject to the excess business holdings Line 1. Enter in column (a) the foundation. tax under section 4943. These include percentage of voting stock the (1) Type III supporting organizations that Gifts or bequests of business hold- foundation holds in the business aren't functionally integrated, and (2) ings. Except as provided in the enterprise. Type II supporting organizations that exception regarding Holdings acquired If the foundation is using the rules or accept any gift or contribution from a by trust or will (discussed above), there principles for determining present person who by himself or in connection is a special rule for private foundations holdings under section 4943(c)(4)(A) or with a related party controls the that have excess business holdings as a (D) (or rules similar to that for donor supported organization that the Type II advised funds and certain supporting result of a change in holdings after May supporting organization supports. (See organizations), enter in column (b) the 26,1969. This rule applies if the change the 2024 Instructions for Schedule A is other than by purchase by the percentage of value the foundation (Form 990), Part I, question 11, for help foundation or by disqualified persons holds in all outstanding shares of all in determining the type of your (such as through gift or bequest) and classes of stock. supporting organization.) the additional holdings result in the Don't include in either column (a) or foundation having excess business Readjustments, distributions, or (b) stock treated as held by disqualified holdings. In that case, the foundation changes in relative value of different persons: has 5 years to reduce these holdings or classes of stock. See Regulations • Under section 4943(c)(6) or those of its disqualified persons to section 53.4943-4(d)(10) for special Regulations sections 53.4943-6 and permissible levels to avoid the tax. See rules whereby increases in the 53.4943-10(d), or section 4943(c)(6) and Regulations percentage of value of holdings in a • During the first phase if the first phase section 53.4943-6. corporation that result solely from is still in effect (see Regulations sections A private foundation that received an changes in the relative values of 53.4943-4(a), (b), and (c)). unusually large gift or bequest of different classes of stock won't result in business holdings after 1969, and that excess business holdings. Line 2. If the foundation is using the rules or principles for determining has made a diligent effort to dispose of See Regulations section present holdings under section 4943(c) excess business holdings, may apply for 53.4943-6(d) for rules on treatment of (4) (or rules similar to that for donor an additional 5-year period to reduce its increases in holdings due to advised funds and certain supporting holdings to permissible levels if certain readjustments, distributions, or organizations), refer to that section and conditions are met. See section 4943(c) redemptions. Regulations section 53.4943-4(d) to (7). See Regulations section 53.4943-7 determine which entries to record in General rules on the permitted hold- for special rules for readjustments columns (a) and (b). Enter in column (a) ings of donor advised funds and cer- involving grandfathered holdings. the excess of the substituted combined tain supporting organizations in a Exceptions from self-dealing taxes voting level over the disqualified person business enterprise. Rules similar to on certain dispositions of excess voting level. Enter in column (b) the those described above for interests held business holdings. Section 101(I)(2) excess of the substituted combined by private foundations on May 26, 1969, (B) of the Tax Reform Act of 1969 value level over the disqualified person will be applied to determine if donor provides for a limited exception from value level. advised funds or certain supporting self-dealing taxes for private foundations If the foundation is using the rules or organizations with interests as of August that dispose of certain excess business principles for determining permitted 17, 2006, have any excess business holdings under section 4943(c)(2), refer Instructions for Form 4720 (2024) 11 |
Enlarge image | Page 12 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. to that section to determine which transaction, describe each transaction See section 4944(c) and Regulations entries to record in column (a). Enter in separately. section 53.4944-3. column (a) the percentage, using the • If correction has not been made, Initial taxes on foundation. The initial general rule (section 4943(c)(2)(A)) or provide a detailed explanation of why tax is 10% of the amount invested for the 35% rule (see section 4943(c)(2) correction hasn't been made and what each year or part of a year in the taxable (B)), if applicable, of permitted holdings steps are being taken to make the period. the foundation may have in the correction. enterprise's voting stock. If the Initial taxes on foundation manag- foundation determines the permitted ers. When a tax is imposed on an holdings under section 4943(c)(2)(B), Schedule D—Initial Taxes investment that jeopardizes the attach a statement showing effective on Investments That charitable purpose of the foundation, the tax will be 10% of the investment for control by a third party. Jeopardize Charitable each year or part of a year in the taxable Line 3. Enter the value of any stock, Purpose (Section 4944) period, up to $10,000 for any one interest, etc., in the business enterprise that the foundation is required to General Instructions investment. It is imposed on all foundation managers who took part in dispose of so the foundation's holdings Requirement. Complete Schedule D if the act, knowing that it was such an act, in the enterprise are permitted. See you answered “Yes,” to Form 990-PF, except for foundation managers whose section 4943 and related regulations. Part VI-B, question 4a or b; or Form participation was not willful and was due A private foundation using the 5227, Part VIII, question 4a or b. Each to reasonable cause. Any foundation section 4943(c)(4) rules, or a donor manager of the organization or trust that manager who took part in making the advised fund or supporting organization answered "Yes," to Form 990-PF, Part investment must pay the tax. using rules similar to that, has excess VI-B, question 4a or b; or Form 5227, holdings if line 1 is more than line 2 in Part VIII, question 4a or b and who took Specific Instructions either column (a) or column (b). Don't part in making the investment should Part I. Complete this part for all taxable include in column (b) the value of any also complete Schedule D. Report each investments. Investments that voting stock included in column (a). investment separately. Paying tax and jeopardize the carrying out of the A private foundation using the filing a Form 4720 are required for each foundation’s exempt purpose are section 4943(c)(2) rules has excess year or part of a year in the taxable corrected by selling or otherwise holdings if line 1 is more than line 2 in period that applies to the investments disposing of the investment, and holding column (a) or if the private foundation that jeopardize the foundation's the proceeds of such sale or other holds nonvoting stock and all charitable purpose. Generally, the disposition in investments that do not disqualified persons together own more taxable period begins with the date of jeopardize the carrying out of the than 20% (or 35%, if applicable) of the the investment and ends with the date foundation's exempt purpose. In column enterprise's voting stock, interest, etc. In corrective action is completed, a notice (c), for each act of investment listed in the latter case, enter in column (c) the of deficiency is mailed, or the initial tax Part I, indicate whether the investment value of all nonvoting stock the is assessed, whichever comes first. has been corrected. Answer “Yes,” if foundation holds. Therefore, in addition to investments correction has been made in whole or in made in 2024, include all investments part. Answer “No,” only if the investment Line 4. Enter the value of excess subject to tax that were made before has not been corrected in any way. holdings disposed of under the 90-day 2024 if those investments were not • If correction has been made, provide rule in Regulations section 53.4943-2(a) removed from jeopardy before 2024 and a detailed description of any correction (1)(ii). If other conditions preclude the initial tax was not assessed before made, and the date of each correction. If imposition of tax on excess business 2024. correction is partial, explain why holdings, include the value of the nontaxable amount on this line and Taxable investments. An investment complete correction has not been made. check the appropriate boxes on the to be taxed on this schedule is an If correction is made in more than one statement page attached to the investment by a private foundation that transaction, describe each transaction electronic version of Form 4720. jeopardizes the carrying out of its separately. Organizations not required to file exempt purposes (for example, if it is • If correction has not been made, electronically may attach an determined that the foundation provide a detailed explanation of why explanation. managers, in making the investment, correction hasn't been made and what didn't exercise ordinary business care steps are being taken to make the Line 5. Compute the excess holdings in and prudence, under prevailing facts correction. a business enterprise subject to tax. and circumstances, in providing for the Part II. Enter in column (a) the names Line 8. Excess business holdings are long- and short-term financial needs of of all foundation managers who took corrected by taking action as needed the foundation to carry out its exempt part in making the investments listed in such that the foundation no longer has purposes). See Regulations section Part I. See Initial taxes on foundation excess business holdings in a business 53.4944-1(a)(2). An investment isn't managers, earlier. enterprise. Answer “Yes,” if the excess taxed on this schedule if it is a If more than one foundation manager business holdings have been corrected program-related investment; that is, one is listed in column (a), each is in whole or in part. whose primary purpose is one or more individually liable for the entire amount • If correction has been made, provide of those described in section 170(c)(2) of tax in connection with the investment. a detailed description of any correction (B) (religious, charitable, educational, However, the foundation managers who made, and the date of each correction. If etc.). A significant purpose of such an are liable for the tax may prorate correction is made in more than one investment can't be the production of payment among themselves. Enter in income or the appreciation of property. 12 Instructions for Form 4720 (2024) |
Enlarge image | Page 13 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. column (c) the tax each foundation Exceptions. Section 4945(d)(4)(B) If correction is made in more than one manager will pay. provides an exception to taxable transaction, describe each transaction A foundation manager filing this Form expenditures that applies to certain separately. 4720 should carry the appropriate grants to organizations when the • If correction has not been made, amount in column (d) to Part II, line 2. granting foundation exercises provide a detailed explanation of why expenditure responsibility described in correction hasn't been made and what section 4945(h). Additional information steps are being taken to make the Schedule E—Initial Taxes on special rules and exceptions to the correction. on Taxable Expenditures definition of taxable expenditures given Part II. Enter in column (a) the names (Section 4945) above can be found at IRS.gov TG 62 of all foundation managers who agreed Excise Taxes on Taxable Expenditures to make the taxable expenditure. See General Instructions under IRC 4945. Initial tax on foundation managers, Requirement. Complete Schedule E if Initial tax on foundation. An initial tax earlier. If more than one foundation you answered “Yes,” to Form 990-PF, of 20% is imposed on each taxable manager is listed in column (a), each is Part VI-B, question 5b, or Form 5227, expenditure of the foundation. individually liable for the entire tax in connection with the expenditure. Part VIII, question 5b. Complete Parts I Initial tax on foundation managers. However, the foundation managers who and II of Schedule E only for When a tax is imposed on a taxable are liable for the tax may prorate the expenditures that are subject to tax. expenditure of the foundation, a tax of payment among themselves. Enter in Note. Also, see Schedule F, Initial 5% of the expenditure will be imposed column (c) the tax each foundation Taxes on Political Expenditures. on any foundation manager who agreed manager will pay. to the expenditure and who knew that it A foundation manager filing this Form Taxable expenditures. With certain was a taxable expenditure. Foundation 4720 should carry the appropriate exceptions, this means any amount a managers whose participation was not amount in column (d) to Part II, line 3. private foundation pays or incurs: willful and was due to reasonable cause 1. To carry on propaganda or aren't liable for the tax. Any foundation otherwise influence any legislation manager who took part in the Schedule F—Initial Taxes through: expenditure and is liable for the tax must pay the tax. The maximum total amount on Political Expenditures a. An attempt to influence general of tax on all foundation managers for (Section 4955) public opinion or any segment of it, and any one taxable expenditure is $10,000. b. Communication with any member If more than one foundation manager is General Instructions or employee of a legislative body, or with liable for tax on a taxable expenditure, Requirement. Complete Schedule F if any other government official or all those foundation managers are jointly you answered “Yes,” to question 5a(2) employee who may take part in and severally liable for the tax. and 5b of Form 990-PF, Part VI-B. formulating legislation; Complete Schedule F if you entered an 2. To influence the outcome of any Specific Instructions amount on line 2 of Schedule C (Form specific public election, or to conduct, Part I. Complete this part for all taxable 990), Part I-A. Complete Schedule F if directly or indirectly, any voter expenditures. Enter in column (f) the you are otherwise a section 501(c)(3) registration drive; number designation from Form 990-PF, organization that made a political 3. As a grant to an individual for Part VI-B, question 5a, or Form 5227, expenditure. travel, study, or other purposes; Part VIII, line 5 that applies to the act; for Political expenditures. These include example, “5a(1).” 4. As a grant to an organization not any amount paid or incurred by a described in section 509(a)(1), (2), or A taxable expenditure is corrected by section 501(c)(3) organization that (3) or that isn't an exempt operating (a) recovering part or all of the participates or intervenes in (including foundation (as defined in section expenditure to the extent recovery is the publication or distribution of 4940(d)(2)). This includes grants to: possible, and where full recovery isn't statements) any political campaign on possible, such additional corrective a. Type I, Type II, and Type III behalf of, or in opposition to, any action as is prescribed by regulations; or functionally integrated supporting candidate for public office. The tax is (b) if the taxable expenditure is due to organizations (as described in section imposed even if the political expenditure failure to comply with requirements 4942(g)(4)(B) and (C)) if a disqualified gives rise to a revocation of the described in section 4945(h)(2) or (3) person of the foundation controls such organization's section 501(c)(3) status. (expenditure responsibility), obtaining or supporting organization or the These taxes apply in the case of both making the report in question. In column supported organizations of such public charities and private foundations. (d), for each act of taxable expenditure supporting organizations, and When tax is imposed under this listed in Part I, indicate whether the provision in the case of a private b. Type III supporting organizations investment has been corrected. Answer foundation, however, the expenditure in (as described in section 4943(f)(5)(A)) “Yes,” if correction has been made in question won't be treated as a taxable that aren't functionally integrated with whole or in part. Answer only “No,” if the expenditure under section 4945. their supported organizations; or taxable expenditure has not been 5. For any purpose other than corrected in any way. For an organization formed primarily religious, charitable, scientific, literary, • If correction has been made, provide to promote the candidacy or prospective educational, or public purposes, or the a detailed description of any correction candidacy of an individual for public prevention of cruelty to children or made, and the date of each correction. If office (or that is effectively controlled by animals. correction is partial, explain why a candidate or prospective candidate complete correction has not been made. and is used primarily for such Instructions for Form 4720 (2024) 13 |
Enlarge image | Page 14 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. purposes), amounts paid or incurred for Part II. Enter in column (a) the names An electing member of an affiliated any of the following purposes are of all managers who took part in making group that is included in a group return, deemed political expenditures: the political expenditures listed in Part I. should enter on line 1 its share of the • Remuneration to the candidate or See Initial tax on organization managers excess grass root lobbying expenditures prospective candidate for speeches or or foundation managers, earlier. of the affiliated group, and on line 2 its other services; share of the excess lobbying • Travel expenses of the individual; If more than one manager is listed in expenditures of the affiliated group. Take • Expenses of conducting polls, column (a), each is individually liable for these amounts from the schedule of surveys, or other studies, or preparing the entire amount of tax on the excess lobbying expenditures that must papers or other material for use by the expenditure. However, the managers be attached to Schedule C (Form 990). individual; who are liable for the tax may prorate See the Instructions for Schedule C • Expenses of advertising, publicity, payment among themselves. Enter in (Form 990), Part II-A, for a discussion of and fundraising for such individual; and column (c) the tax each manager will the lobbying provisions, including how to • Any other expense which has the pay. figure the taxable amount. primary effect of promoting public An organization manager filing this recognition or otherwise primarily Form 4720 should carry the appropriate accruing to the benefit of the individual. amount in column (d) to Part II, line 4. Schedule H—Taxes on Initial tax on organization or founda- Disqualifying Lobbying tion. The initial tax on the organization Schedule G—Tax on Expenditures (Section or foundation is 10% of the amount 4912) Excess Lobbying involved. Expenditures (Section General Instructions Initial tax on organization managers or foundation managers. An initial tax 4911) Requirement. Schedule H must be of 2.5% of the amount involved (up to Requirement. Schedule G must be completed by certain organizations $5,000 of tax on any one expenditure) is completed by eligible section 501(c)(3) whose section 501(c)(3) status is imposed on any manager who agrees to organizations that elected to be subject revoked because of excess lobbying an expenditure, knowing that it is a to the limitations on lobbying activities. political expenditure, unless the expenditures, under section 501(h) and Exceptions. These taxes aren't agreement isn't willful and is due to that made excess lobbying expenditures imposed on a private foundation (whose reasonable cause. as defined in section 4911(b). lobbying expenditures may be subject to Any manager who agreed to the Except as noted below, follow the line the tax on taxable expenditures). These expenditure must pay the tax. instructions on Schedule G. taxes also aren't imposed on any Specific Instructions Affiliated groups. Two or more organization for which a section 501(h) organizations are members of an election was in effect at the time of the Part I. Complete this part for all political affiliated group of organizations for the lobbying expenditures or that was not expenditures. A political expenditure purposes of section 4911 only if: eligible to make a section 501(h) described in section 4955 is corrected The governing instrument of one election. • by recovering part or all of the organization requires it to be bound by Tax on organization. A tax of 5% of expenditure to the extent recovery is decisions of the other organization on the lobbying expenditures is imposed on possible, establishment of safeguards to legislative issues; or the organization whose section 501(c) prevent future political expenditures, The governing board of one (3) status is revoked because of excess • and where full recovery isn't possible, organization includes persons who are lobbying activities. such additional corrective action as is specifically designated representatives Tax on organization managers. A tax prescribed by the regulations. In column of another such organization or are of 5% of the lobbying expenditures is (d), for each act of political expenditure members of the governing board, also imposed on any manager who listed in Part I, indicate whether the officers or paid executive staff members willfully and without reasonable cause investment has been corrected. Answer of such other organization, and who, by consented to the lobbying expenditures, “Yes,” if correction has been made in aggregating their votes, hold sufficient knowing that they would likely result in whole or in part. Answer “No,” only if the voting power to cause or prevent action the organization no longer qualifying political expenditure has not been on legislative activities by the first under section 501(c)(3). corrected in any way. organization. See section 4911(f) and • If correction has been made, provide Regulations section 56.4911-7. There is no limit on the amount of this a detailed description of any correction tax that may be imposed against either made, and the date of each correction. If A nonelecting member of an affiliated the organization or its managers. Any correction is partial, explain why group doesn’t file Form 4720. organization manager who agreed to the complete correction has not been made. Electing members of an affiliated expenditure must pay the tax. If correction is made in more than one group may file a group return or may file transaction, describe each transaction separately. An electing member of an Specific Instructions separately. affiliated group that files a separate Part I. Complete this part for all • If correction has not been made, return, should enter on line 1 the amount disqualifying lobbying expenditures. provide a detailed explanation of why from Schedule C (Form 990), Part II-A, correction hasn't been made and what column (a), line 1h. Enter on line 2 the Part II. Enter in column (a) the names steps are being taken to make the amount from Schedule C (Form 990), of all organization managers who took correction. Part II-A, column (a), line 1i. part in making disqualifying lobbying 14 Instructions for Form 4720 (2024) |
Enlarge image | Page 15 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. expenditures listed in Part I. See Tax on Tax on disqualified persons. The loan, compensation, or other similar organization managers, earlier. tax is 25% of the excess benefit and is payment. Also, any loan provided to a If more than one organization paid by any disqualified person who disqualified person that isn't an manager is listed in column (a), each is improperly benefited from the excess organization described in section 509(a) individually liable for the entire amount benefit transaction. (1), (2), or (4) or a supported organization of the supporting of tax in connection with the Tax on organization managers. organization exempt under section expenditure. However, the managers When tax is imposed on a disqualified 501(c)(4), (5), (6) and described in the who are liable for the tax may prorate person for any excess benefit last sentence of section 509(a) is payment among themselves. Enter in transaction, then tax is also imposed on considered an excess benefit column (c) the tax each manager will any manager who knowingly transaction. pay. participated in the excess benefit A manager filing this Form 4720 transaction. The tax is 10% of the Donor advised fund transactions should carry the appropriate amount in excess benefit, not to exceed $20,000 occurring after August 17, 2006. Any column (d) to Part II, line 5. for each transaction. grant, loan, compensation, or other similar payment from any donor advised Taxable period. Taxable period fund to a donor, donor advisor, family Schedule I—Initial Taxes means the period beginning with the member, or 35% controlled entity is an date on which the excess benefit excess benefit transaction. The amount on Excess Benefit transaction occurs and ending on the of the excess benefit is the amount of Transactions (Section earlier of: such grant, loan, compensation, or other 4958) 1. The date a notice of deficiency similar payment. was mailed to the disqualified person for General Instructions Excess benefit. Excess benefit the initial tax on the excess benefit Requirement. Schedule I must be transaction, or means the excess of the economic benefit received from the applicable completed by any Applicable 2. The date on which the initial tax organization over the consideration organization or Disqualified person on the excess benefit transaction for the given (including services) by a that engaged in an Excess benefit disqualified person is assessed. disqualified person, except in the transaction, and by any fund manager who knowingly participated in the Excess benefit transaction. An immediately preceding special rules excess benefit transaction. These terms excess benefit transaction is any where the entire amount of the grant, are discussed below. Each person must transaction in which: loan, compensation, or other similar payment is considered the excess file separately. 1. An economic benefit is provided benefit. Applicable organization. In by the organization directly or indirectly general, an applicable organization is to or for the use of, any disqualified However, an economic benefit won't any section 501(c)(3) (except a private person, if the value of the economic be treated as compensation for services foundation), 501(c)(4), or 501(c)(29) benefit provided exceeds the value of unless the applicable organization organization. the consideration (including the clearly indicates its intent to treat the Also, an applicable organization performance of services) received for economic benefit (when paid) as includes any organization that was a providing such benefit, or compensation for a disqualified person's services. See Regulations section section 501(c)(3) (except a private 2. The amount of any economic 53.4958-4(c) for more information. foundation), 501(c)(4), or 501(c)(29) benefit provided to, or for the use of, a organization at any time during a 5-year disqualified person is determined in Exception. Generally, section 4958 period ending on the date of an excess whole or in part by the revenues of the doesn't apply to any fixed payment benefit transaction (the lookback organization and violates the private made to a person under an initial period). inurement prohibition rules (to the extent contract. See Regulations section provided in regulations). 53.4958-4(a)(3) for details. Initial taxes. Excise taxes are imposed under section 4958 on each excess Until final regulations are issued Special rule. The initial and additional taxes of this section don't apply if the receives an excess benefit from an CAUTION revenue sharing transactions benefit transaction. If a manager ! regarding the special rules for transaction described in 1 under Excess excess benefit transaction, the manager described in 2 above, these transactions benefit transaction was pursuant to a may be liable for the tax on disqualified will only be subject to section 4958 written contract in effect on September persons and the tax on the organization liability under the general rule described 13, 1995, and at all times after that date manager. The applicable organization in 1 above. until the time that the transaction occurs. must complete Schedule I. However, the However, if a written contract is excise tax under section 4958 is Supporting organization materially modified, it is treated as a imposed on the disqualified person. The transactions occurring after July 25, new contract entered into as of the date organization completing Schedule I 2006. For any supporting organization, of the material modification. A material should not report the initial tax amount as defined in section 509(a)(3), any modification includes amending the on Part II and should not pay the tax grant, loan, compensation, or other contract to extend its term or to increase liability of any disqualified person or similar payment provided to a the compensation payable to a organization manager. See Abatement, substantial contributor (defined later), disqualified person. earlier, for information on abatement, family member, or 35% controlled entity Disqualified person. For purposes of refund, or relief from this tax. will be considered an excess benefit this Schedule I, a disqualified person transaction. The amount of the excess means: benefit is the amount of such grant, Instructions for Form 4720 (2024) 15 |
Enlarge image | Page 16 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Any person (at any time during Investment advisor. Investment correction is partial, explain why the 5-year period ending on the date of advisor means for any sponsoring complete correction has not been made. the transaction) in a position to exercise organization, any person compensated If correction is made in more than one substantial influence over the affairs of by such organization (but not an transaction, describe each transaction the organization, employee of such organization) for separately. 2. A family member of an individual managing the investment of, or • If correction has not been made, described in 1 above, and providing investment advice for assets provide a detailed explanation of why maintained in donor advised funds correction hasn't been made and what 3. A 35% controlled entity of a maintained by such sponsoring steps are being taken to make the person described in 1 or 2 above. organization. correction. Family members. Family members Sponsoring organization. See the For organization managers, the tax is of a disqualified person described in 1 Schedule K instructions for a definition the lesser of 10% of the excess benefit above include a disqualified person's of sponsoring organization. or $20,000. This tax is computed on spouse, ancestors, children, each transaction. grandchildren, great grandchildren, and Substantial contributor. In brothers and sisters (whether by whole- general, a substantial contributor means Part II. Enter in column (a) the names or half-blood). It also includes the any person who contributed or of all disqualified persons who took part spouse of the children, grandchildren, bequeathed an aggregate of more than in the excess benefit transactions. If great grandchildren, brothers, or sisters $5,000 to the organization, if that more than one disqualified person took (whether by whole- or half-blood). amount is more than 2% of the total part in an excess benefit transaction, contributions and bequests received by each is individually liable for the entire 35% controlled entity. The term the organization before the end of the tax on the transaction. But the 35% controlled entity means: tax year of the organization in which the disqualified persons who are liable for • A corporation in which a disqualified contribution or bequest is received by the tax may prorate the payment among person described in 1 or 2 above owns the organization from such person. A themselves. Enter in column (c) the tax more than 35% of the total combined substantial contributor includes the to be paid by each disqualified person. voting power, grantor of a trust. Carry the total amount in column (d) • A partnership in which such persons for each disqualified person to Part II, own more than 35% of the profits Specific Instructions line 6. interest, or • A trust or estate in which such Part I. List each excess benefit Part III. Enter in column (a) the names persons own more than 35% of the transaction in Part I, column (d). Enter of all managers who knowingly took part beneficial interest. the date of the transaction in column (b) in the excess benefit transactions listed and the amount of the excess benefit in In determining the holdings of a in Part I. If more than one manager column (e). Compute the tax on the business enterprise, any stock or other knowingly took part in an excess benefit excess benefit for disqualified persons interest owned directly or indirectly shall transaction, each is individually liable for and enter it in column (f). Compute any apply. the entire tax in connection with the tax on the excess benefit for transaction. But the managers liable for For donor advised funds, sponsor- organization managers and enter the the tax may prorate the payment among ing organizations, and certain sup- amount in column (g). The organization themselves. Enter in column (c) the tax porting organization transactions reporting one or more excess benefit to be paid by each organization occurring after August 17, 2006. The transactions should not carry totals from manager. following persons will be considered column (f) or column (g) to Part II, line 6. A manager filing this Form 4720 disqualified persons along with certain An excess benefit transaction is should carry the appropriate amount in family members and 35% controlled corrected by undoing the excess benefit column (d) to Part II, line 6. entities associated with them: to the extent possible and taking any additional measures necessary to place • Donors of donor advised funds, the organization in a financial position Schedule J—Taxes on • Donor advisors of donor advised not worse than that in which it would be Being a Party to Prohibited funds, if the disqualified person had been • Investment advisors of sponsoring dealing under the highest fiduciary Tax Shelter Transactions organizations, and standards, except that in the case of any (Section 4965) • Disqualified persons of a section correction of an excess benefit 509(a)(3) supporting organization for the transaction involving a donor advised General Instructions organizations that organization fund no amount repaid in a manner Requirement. supports. prescribed by the Secretary may be 1. Complete Schedule J if you are held in any donor advised fund. In an entity described in section 501(c), For certain supporting column (c), for each act of excess 501(d), or 170(c) (other than the United organization transactions occurring benefit transaction in Part I, indicate States) or an Indian tribal government after July 25, 2006. Substantial whether the act has been corrected. (within the meaning of section 7701(a) contributors to supporting organizations Answer “Yes,” if correction has been (40)) and you received proceeds from or will also be considered disqualified made in whole or in part. Answer “No,” have net income attributable to a persons along with their family members only if the transaction has not been prohibited tax shelter transaction and 35% controlled entities. corrected in any way. (PTST). Donor advised fund. See the • If correction has been made, provide Schedule K instructions for a definition a detailed description of any correction 2. Complete Schedule J if you are of donor advised fund. made, and the date of each correction. If an entity manager of such an entity who 16 Instructions for Form 4720 (2024) |
Enlarge image | Page 17 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. approved the entity listed in section Allocation of net income and pro- Part V of Form 990, or if you are a fund 4965(c) as (or otherwise caused the ceeds to a tax year. The net income manager of a sponsoring organization entity to be) a party to a PTST at any and proceeds attributable to a who agreed to the making of a taxable time during the tax year and who knew prohibited tax shelter transaction must distribution knowing that it was a taxable (or had reason to know) that the be allocated to a particular tax year in a distribution. Report each taxable transaction is a PTST. manner consistent with the entity's distribution separately. These terms are See the following guidance and any established method of accounting for discussed below. future guidance for details. federal income tax purposes. If an entity Taxable distribution. A taxable • Notice 2006-65, 2006-31 I.R.B. 102; hasn't established a method of distribution is any distribution from a • Notice 2007-18, 2007-9 I.R.B. 608; accounting for federal income tax donor advised fund to any natural • T.D. 9334, 2007-34 I.R.B. 382; and purposes, the entity must use the cash person or to any other person if: • T.D. 9492, 2010-33 I.R.B. 242. receipts and disbursements method to 1. The distribution is for any purpose determine the amount and timing of net other than one specified in section Managers of tax favored income and proceeds attributable to a 170(c)(2)(B), or TIP retirement plans, individual prohibited tax shelter transaction. retirement arrangements, and 2. The sponsoring organization If an entity has an established savings arrangements described in maintaining the donor advised fund method of accounting other than the sections 401(a), 403(a), 403(b), 529, doesn't exercise expenditure cash method, the entity may use the 457(b), 408(a), 220(d), 408(b), 530, or responsibility with respect to such cash method to determine the amount 223(d) must report and pay tax due distribution in accordance with section of the net income and proceeds under section 4965(a)(2) on Form 5330. 4945(h). attributable to a prohibited tax shelter Prohibited tax shelter transaction. In transaction. However, a taxable distribution doesn't include a distribution from a general, a prohibited tax shelter Specific Instructions donor advised fund to: transaction means any listed transaction (including a subsequently listed Part I. Complete this part for each 1. Any organization described in transaction) and any prohibited transaction if during the tax year the section 170(b)(1)(A) (other than a reportable transaction. entity received proceeds from or has net disqualified supporting organization), income attributable to a PTST. Listed transaction. A listed 2. The sponsoring organization of transaction includes any transaction that Figure the tax for each transaction as such donor advised fund, or is the same as or substantially similar to follows. 3. Any other donor advised fund. one of the types of transactions that the • If column (e) was answered “Yes,” IRS has determined to be a tax then enter the larger of the column (f) or Sponsoring organization. A avoidance transaction. These column (g) amount in column (h). sponsoring organization is a section transactions are identified by notice, • If column (e) was answered “No,” then 170(c) organization that isn't a regulation, or other form of published multiply the larger of the amount in government organization (as referred to guidance as a listed transaction. For column (f) or column (g) by 21% (0.21) in section 170(c)(1) and (2)(A)) or a existing guidance, see Notice 2009-59, and enter the result in column (h). private foundation and maintains one or 2009-31 I.R.B. 170. After the tax has been figured for all more donor advised funds. For updates to this list, go to the IRS PTSTs entered on Schedule J, then total Donor advised fund. A donor advised website at IRS.gov/businesses/ column (h) and enter the amount on the fund is a fund or account: corporations/abusive-tax-shelters-and- Total line and on line 9 of Part I. 1. Which is separately identified by transactions. The listed transactions in Part II. Enter in column (a) the names reference to contributions of a donor or the above notices and rulings will also of all entity managers who approved the donors, be periodically updated in future issues entity as (or otherwise caused the entity of the Internal Revenue Bulletin. to be) a party to a PTST at any time 2. Which is owned and controlled by during the tax year and who knew or a sponsoring organization, and Subsequently listed transaction. 3. For which the donor (or any had reason to know that the transaction A subsequently listed transaction is a person appointed or designated by the is a PTST. transaction that is identified in published donor) has or expects to have advisory guidance as a listed transaction after A manager filing this Form 4720 the entity has entered into the should carry the appropriate amount in privileges concerning the distribution or transaction and that was not a column (d) to Part II, line 7. investment of the funds held in the donor advised funds or accounts confidential transaction or transaction because of the donor's status as a with contractual protection at the time donor. the entity entered into the transaction. Schedule K—Taxes on Taxable Distributions of Exception. A donor advised fund Prohibited reportable transaction. A doesn't include: prohibited reportable transaction is any Sponsoring Organizations confidential transaction or any Maintaining Donor 1. A fund or account that makes distributions only to a single identified transaction with contractual protection Advised Funds (Section organization or governmental entity, or that is a reportable transaction. See Regulations sections 1.6011-4(b)(3) 4966) 2. Any fund or account with respect and (4), and the Instructions for Form General Instructions to which a donor or donor advisor (as 8886-T, Disclosure by Tax-Exempt Entity defined in the Schedule L instructions) Regarding Prohibited Tax Shelter Requirement. Complete Schedule K if gives advice about which individuals Transaction, for more information. you answered “Yes,” to question 9a in Instructions for Form 4720 (2024) 17 |
Enlarge image | Page 18 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. receive grants for travel, study, or similar party who received the benefit are jointly purposes, if: Schedule L—Taxes on and severally liable for the tax. a. Such person's advisory privileges Prohibited Benefits Tax on fund managers. If a tax is are performed exclusively by such Distributed From Donor imposed on a prohibited benefit person in their capacity as a committee received by a donor, donor advisor, or member of which all the committee Advised Funds (Section related person, a tax of 10% of the members are appointed by the 4967) amount of the prohibited benefit is sponsoring organization, imposed on any fund manager who General Instructions b. No combination of donors, donor agreed to the distribution knowing that it advisors, or persons related (as defined Requirement. A sponsoring would confer a prohibited benefit. Any in the Schedule L instructions) to donors organization of donor advised funds that fund manager who took part in the or donor advisors, directly or indirectly answered “Yes,” to Form 990, Part V, distribution and is liable for the tax must control the committee, and line 9b, or that otherwise distributed pay the tax. The maximum amount of prohibited benefits under section 4967, c. All grants from the fund or tax on all fund managers for any one must complete Schedule L. In addition, account are awarded on an objective taxable distribution is $10,000. If more a donor, donor advisor, or related party and nondiscriminatory basis according than one fund manager is liable for tax that (1) advised a distribution that to a procedure approved in advance by on a taxable distribution, all such provided a prohibited benefit under the board of directors of the sponsoring managers are jointly and severally liable section 4967, or (2) that received such a organization. The procedure must be for the tax. benefit, and any fund manager who designed to ensure that all grants meet Exception. If a tax is imposed under agreed to the distribution knowing that it the requirements of section 4945(g)(1), section 4958 for the same transaction, would confer a prohibited benefit, must (2), or (3). then no additional tax is imposed under complete Schedule L. Report each Tax on sponsoring organization. A distribution separately. Complete Parts I, section 4967 on that transaction. tax of 20% of the amount of each II, and III of Schedule L only in Specific Instructions taxable distribution is imposed on the connection with distributions made by a sponsoring organization. sponsoring organization from a donor Part I. Complete this part for all advised fund which results in a prohibited benefits. Tax on fund manager. If a tax is prohibited benefit. (See the instructions Part II. Enter in column (a) the names imposed on a taxable distribution of the for Schedule K for definitions of the of all donors, donor advisors, and sponsoring organization, a tax of 5% of terms sponsoring organization and related persons who received a the distribution will be imposed on any donor advised fund). An organization prohibited benefit or advised as to the fund manager who agreed to the reporting a prohibited benefit on distribution of such benefit. If more than distribution knowing that it was a taxable Schedule L is not liable for the tax and one donor, donor advisor, or related distribution. Any fund manager who took should not report any tax amount on person is listed in column (a) for one part in the distribution and is liable for Part II, line 9. distribution, each is individually liable for the tax must pay the tax. The maximum the entire tax for that distribution. amount of tax on all fund managers for Prohibited benefit. If any donor, donor any one taxable distribution is $10,000. advisor, or related party advises the However, the donors, donor advisors, or If more than one fund manager is liable sponsoring organization about making a related persons who are liable for the for tax on a taxable distribution, all such distribution which results in a donor, tax may prorate the payment among managers are jointly and severally liable donor advisor, or related party receiving themselves. Enter in column (c) the tax for the tax. (either directly or indirectly) a more than each donor, donor advisor, or related incidental benefit, then such benefit is a person will pay for each distribution for Specific Instructions prohibited benefit. which such donor, donor advisor, or related person owes a tax. Part I. Complete this part for all taxable Donor advisor. A donor advisor is any distributions. person appointed or designated by a A donor, donor advisor, or related donor to advise a sponsoring person filing this Form 4720 should Part II. Enter in column (a) the names carry the apportioned amount in organization on the distribution or of all fund managers who agreed to Schedule L, Part II, column (d) to Part II, investment of amounts held in the make the taxable distribution. If more line 9. donor's fund or account. than one fund manager is listed in column (a) for one distribution, each is Related party. A related party includes Part III. Enter in column (a) the names individually liable for the entire tax in any family member or 35% controlled of all fund managers who agreed to connection with that distribution. entity. See the General Instructions for make the distribution conferring the However, the fund managers who are Schedule I for a definition of those prohibited benefit. If more than one fund liable for the tax may prorate the terms. manager is listed in column (a) for one distribution, each is individually liable for payment among themselves. Enter in Tax on donor, donor advisor, or rela- the entire tax for that distribution. column (c) the tax each manager will ted person. A tax of 125% of the However, the fund managers who are pay for each distribution for which such benefit resulting from the distribution is liable for the tax may prorate the manager owes a tax. imposed on both the party who advised payment among themselves. Enter in A fund manager filing this Form 4720 as to the distribution (which might be a column (c) the tax each donor advisor, should carry the apportioned amount in donor, donor advisor, or related party) or related person will pay for each column (d) to Part II, line 8. and the party who received such benefit distribution for which such donor, donor (which might be a donor, donor advisor, advisor, or related person owes a tax. or related party). The advisor and the 18 Instructions for Form 4720 (2024) |
Enlarge image | Page 19 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. A fund manager filing this Form 4720 line 1 on line 2 and on Part I, line 12. Remuneration exceptions. For should carry the total amount in This is the CHNA excise tax under purposes of this provision, remuneration Schedule L, Part III, column (d) to Part II, section 4959. does not include: line 9. • Designated Roth contributions (as defined in section 402A(c)), Schedule N—Tax on • The portion of any remuneration paid Schedule M—Tax on Excess Executive to a licensed medical professional Hospital Organization for Compensation (Section (including a veterinarian) which is for the performance of medical or veterinary Failure to Meet the 4960) services by such professional, or Community Health Needs • Remuneration the deduction for General Instructions Assessment Requirements which is not allowed by reason of Requirement. Complete Schedule N if (Sections 4959 and 501(r) section 162(m). you answered “Yes” to question 15 in (3)) Part V of Form 990, question 8 of Part Remuneration from related General Instructions VI-B of Form 990-PF, or if you are an organizations. Remuneration of a ATEO (as defined earlier) or a related covered employee by an ATEO includes Requirements. Section 4959 imposes organization but only if you are liable for any remuneration paid with respect to an excise tax on hospital organizations the tax under section 4960(a). Section employment of such employee by any that fail to meet the section 501(r)(3) 4960(a) imposes an excise tax of 21% related person or governmental entity, requirements in any tax year. on the amount of remuneration paid by whether taxable or tax-exempt. Section 501(r)(3) requirements an ATEO with respect to employment of For this purpose, a person or pertain to a hospital organization any covered employee in excess of $1 governmental entity is related to an conducting a community health needs million and on any excess parachute ATEO if it: assessment (CHNA). The requirements, payment paid by such organization to • Controls, or is controlled by, the which apply separately to each hospital any covered employee. ATEO; facility the hospital organization • Is controlled by one or more persons operates, are as follows. Note. You may be required to file 2 who control the ATEO; Form 4720 returns if you are a related • Is a supported organization (as 1. To conduct a CHNA this tax year, organization liable for the tax under defined in section 509(f)(3)) or or in either of the 2 prior tax years. The section 4960(a), which is reported on supporting organization (as defined in CHNA must take into account input from Part I, line 13, and you are a disqualified section 509(a)(3)) with respect to the persons who represent the broad person or organization manager of the ATEO during the taxable year; or interests of the community served by organization with respect to which you • In the case of an ATEO that is a the hospital facility, including people are a related organization and you are section 501(c)(9) voluntary employees’ with special knowledge of or expertise in liable for a Chapter 41 or 42 excise tax beneficiary association (VEBA), public health. The CHNA must be made as a disqualified person or organization establishes, maintains, or makes widely available to the public. manager, which is reported on Part II. contributions to the ATEO. 2. To adopt an implementation See the instructions for Page 1, strategy to meet the community health Question B, earlier. Liability for tax in case of needs identified through the CHNA. remuneration from more than one Form 4720, Schedule N, is used employer. In any case in which See Notice 2011-52, 2011-30 I.R.B. TIP to report and pay any section remuneration from more than one 60; Final Regulations, T.D. 9708, 79 4960 tax owed. Because there employer is taken into account under Fed. Reg. 78954 (Dec. 31, 2014), is no requirement to make estimated tax the rule above, each related employer is 2012-32 I.R.B. 126; Notice 2014-2, payments for the section 4960 tax, Form liable for the tax in an amount which 2014-3 I.R.B. 407; Notice 2014-3, 990-W does not apply to the section bears the same ratio to the total tax as 2014-3 I.R.B. 408; as well as any future 4960 tax. the ratio of (1) the amount of related guidance for details. For remuneration that employer paid with additional information on the CHNA Covered employee. A covered respect to such employee, to (2) the requirements, see Schedule H (Form employee means any employee of an amount of remuneration paid by all 990), Hospitals, Part V, Section B. ATEO (including any former employee) related employers to the employee. that is one of the ATEO’s five highest Each related employer must file their Specific Instructions compensated employees for the tax own Form 4720, complete Schedule N Part I. For each hospital facility, list the year or was the ATEO’s (or a and report their ratable share of tax on following information in the relevant predecessor’s) covered employee for Part I, line 13. column: (b) name of facility, (c) any preceding tax year beginning after description of the failure to meet section 2016. Excess parachute payment. For purposes of this provision, an excess 501(r)(3), (d) tax year hospital facility Remuneration. Remuneration means parachute payment equals the excess of last conducted a CHNA, and (e) tax wages (as defined in section 3401(a)). any parachute payment over the portion year hospital facility last adopted an Remuneration also includes amounts of the base amount allocated to such implementation strategy. required to be included in gross income payment. Part II. On line 1 enter the number of under section 457(f). Remuneration hospital facilities operated by the shall be treated as paid when there is no Parachute payment. A parachute hospital organization that failed to meet substantial risk of forfeiture (within the payment is any payment in the nature of the CHNA requirements of section meaning of section 457(f)(3)(B)) of the compensation to (or for the benefit of) a 501(r)(3). Enter $50,000 multiplied by rights to such remuneration. covered employee if the payment: Instructions for Form 4720 (2024) 19 |
Enlarge image | Page 20 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Is contingent on such employee’s amount of any excess parachute 4968 defines “related organization” to separation from the employment with payment you paid. include only the following organizations. the employer, and • Organizations that control or are • Has an aggregate present value of For each covered employee reported controlled by the educational institution. the payments in the nature of in column (b), enter in column (e) the Organizations that are controlled by • compensation to (or for the benefit of) sum of columns (c) and (d). one or more of the same persons who such individual which are contingent on control the educational institution. such separation that equals or exceeds Schedule O—Excise Tax • A supported organization (as defined three times the base amount. in section 509(f)(3)) during the tax year on Net Investment Income with respect to the educational Base amount. Rules similar to the of Private Colleges and institution. rules of section 280G(b)(3) shall apply Supporting organizations described for purposes of determining the base Universities (Section 4968) • in section 509(a)(3) during the tax year amount. General Instructions with respect to the educational Property transfers. Rules similar to Requirement. An applicable institution. the rules of section 280G(d)(3) and (4) educational institution that answered When calculating the net investment shall apply to property transfers. “Yes” to Form 990, Part V, line 16, or that income of a related organization, Exception from excess parachute is otherwise subject to the section 4968 exclude (1) net investment income of payments. An excess parachute tax on net investment income, must any related organization to the extent payment does not include any complete Schedule O. that such net investment income is taken into account with respect to payments: Organizations subject to the section another educational institution; and (2) • Described in section 280G(b)(6) 4968 excise tax. A private college or net investment income from assets that (relating to exemption for payments university is subject to a 1.4% excise tax are not intended, or are not available for under qualified plans), on net investment income under section the use or benefit of the educational • Made under or to an annuity contract 4968 if all four of the following threshold institution, unless the related described in section 403(b) or a plan tests are met. organization is controlled by the described in section 457(b), • The organization must be an eligible educational institution, or unless the • To a licensed medical professional educational institution (as defined in related organization is a supporting (including a veterinarian) to the extent section 25A(f)(2)). Section 25A(f)(2) organization with respect to the that such payment is for the defines “eligible educational institution” educational institution. performance of medical or veterinary as an institution that is described in services by such professional, or section 481 of the Higher Education Act Net investment income. Net • To an individual who is not a highly of 1965 (20 U.S.C. section 1088), as in investment income is the amount by compensated employee as defined in effect on August 5, 1997; and is eligible which the sum of the gross investment section 414(q). to participate in a program under Title IV income and the capital gain net income Specific Instructions of such Act (20 U.S.C. sections 1070 et exceeds the administrative expenses seq.). allocable to gross investment income Enter in column (b) the name of each • The organization must have had at and capital gain net income. covered employee who was paid more least 500 tuition-paying students, based To determine net investment income, than $1 million in renumeration or was upon a daily average student count, including certain exceptions to gross paid an excess parachute payment during the preceding tax year. investment income and modifications to during the year. If more than five • More than 50% of those students allowable deductions, see Regulations covered employees, attach a statement must have been located in the United section 53.4968-2. with the information required by the States. schedule and show the total amounts • The aggregate fair market value, at Basis. As described in Regulations for column (e) on line 6. the end of the preceding tax year, of the section 53.4968-2(d)(2), in the case of For each covered employee reported assets not used directly in carrying out property held by an applicable in column (b), enter in column (c) the the organization’s exempt purpose, held educational institution on December 31, amount of remuneration you paid that by the organization and related 2017, and continuously thereafter to the exceeded $1 million. Do not include any organizations, must be at least date of its disposition, the basis for excess parachute payment reported in $500,000 per student. determining gain shall be deemed not to be less than the fair market value of column (d). If remuneration from related Form 4720, Schedule O, is used such property on December 31, 2017, employer(s) was taken into account in TIP by applicable educational plus or minus all adjustments after determining that remuneration institutions to report and pay December 31, 2017, and before the exceeded $1 million, enter your any section 4968 tax owed. Because date of disposition consistent with the proportional share of the amount of there is no requirement to make regulations under section 4940(c). remuneration that exceeded $1 million, estimated tax payments for the section However, for purposes of determining based on your proportional share of 4968 tax, Form 990-W does not apply to loss, basis rules that are consistent with total remuneration paid to the covered the section 4968 tax. the regulations under section 4940(c) employee. Also, attach a statement to will apply. Form 4720 with the name and EIN of the Related organizations. The net related employer(s). investment income of related Modified capital gain net income. For each covered employee reported organizations is taken into account Column (d) can reflect capital losses in column (b), enter in column (d) the under certain circumstances. Section from sales or other dispositions of property in one organization only to the 20 Instructions for Form 4720 (2024) |
Enlarge image | Page 21 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. extent of capital gains from such sales • Sign the return in the space provided service is available Monday through or other dispositions in all the other for the preparer's signature, Friday. organizations (modified capital gain net • Enter the preparer information, income). See Regulations section • Enter the preparer tax identification Photographs of Missing 53.4968–2. Amounts listed in column number (PTIN), and Children (d), for the filing organization and any • Give a copy of the return to the related organization, may indicate a net organization, in addition to the copy to The Internal Revenue Service is a proud loss. However, the amount carried to be filed with the IRS. partner with the National Center for line 6, column (d) must be the greater of Missing & Exploited Children® Any paid preparer whose the modified capital gain net income or (NCMEC). Photographs of missing identifying number must be zero. Do not take into account capital CAUTION! children selected by the Center may listed on Form 990-PF can loss carrybacks. Capital loss carryovers appear in instructions on pages that apply for and obtain a PTIN. You can are allowed. would otherwise be blank. You can help apply for a PTIN online or by filing Form bring these children home by looking at Specific Instructions W-12, IRS Paid Preparer Tax the photographs and calling Identification Number (PTIN) 1-800-THE-LOST (1-800-843-5678) if Line 1. Use Line 1 to report the gross Application and Renewal. For more you recognize a child. investment income , capital gain net information about applying for a PTIN income (or loss), and associated online, visit the IRS website at IRS.gov/ How To Get Forms and allocable administrative expenses of the PTIN. filing organization. Publications Lines 2–5. Use Lines 2–5 to report the Paid Preparer Authorization Internet. You can access the IRS gross investment income, capital gain On the “Sign Here” line, check “Yes,” if website 24 hours a day, 7 days a week, net income (or loss), and associated the IRS can contact the paid preparer at IRS.gov to: allocable administrative expenses from who signed the return to discuss the • Download forms, including talking tax related organizations during the related return. This authorization applies only to forms, instructions, and publications. organizations’ tax years that end with or the individual whose signature appears • Order IRS products online. within the tax year of the organization. If in the Paid Preparer Use Only section of • Research your tax questions online. a related organization is a partner in a Form 4720. It doesn't apply to the firm, if • Search publications online by topic or partnership or a shareholder of an S any, shown in that section. keyword. corporation, include the pertinent items • Sign up to receive local and national of income, gain, loss, or deduction from By checking the “Yes” box, the tax news by email. the entity's Schedule K-1 (Form 1065 or organization is authorizing the IRS to • You can order forms and publications 1120-S) for the tax year of the entity contact the paid preparer to answer any by downloading from the IRS website at ending with or within the tax year of the questions that arise during the IRS.gov/OrderForms. filing organization. processing of the return. The organization is also authorizing the paid IRS e-Services Makes Report income from related preparer to: organizations in descending order from • Give the IRS any information missing Taxes Easier most income to least income. If there from the return; Now more than ever before, businesses are more than three related • Call the IRS for information about can enjoy the benefits of filing and organizations, attach a schedule to your processing the return; and paying their federal taxes electronically. Form 4720 showing the information for • Respond to certain IRS notices about Whether you rely on a tax professional columns (a) through (e) for each related math errors, offsets, and return or handle your own taxes, the IRS offers organization and enter the total amounts preparation. you convenient programs to make taxes from the schedule in line 5, columns (c) easier. Use these electronic options to through (e). The organization isn't authorizing the make filing and paying easier. paid preparer to bind the organization to • You can efile your Form 990 or Form Line 6. Total the amounts in columns anything or otherwise represent the 990-PF; Form 940 and 941 employment (c), (d), and (e). See Notice 2018-55, organization before the IRS. tax returns; Forms 1099; and other 2018-26 I.R.B. 773. The authorization will automatically information returns. Visit IRS.gov/E-File Add 6(c) and 6(d), subtract 6(e), and for details. For tax years beginning on or end no later than the due date enter the total in 6(f). after July 2, 2019, section 3101 of P.L. (excluding extensions) for filing of the Line 7. Multiply line 6(f) by 0.014 organization's 2025 Form 4720. If the 116-25 requires that returns by exempt (1.4%) and enter the amount in box 7f organization wants to expand the paid organizations be filed electronically. and on Part I, line 14. preparer's authorization or revoke it Organizations filing Form 990 or Form before it ends, see Pub. 947, Practice 990-PF for a tax year beginning on or Before the IRS and Power of Attorney. after July 2, 2019 must file the return Paid Preparer electronically. For tax years ending on or Generally, anyone who is paid to Check “No,” if the IRS should contact after July 31, 2021, Form 990-EZ must prepare the return must sign the return the organization listed on the first page also be filed electronically. Limited and fill in the other blanks in the Paid of the Form 4720, rather than the paid exceptions apply. See When, Where, Preparer Use Only area. An employee preparer. and How To File, in the Instructions for of the filing organization isn't a paid Form 990, Form 990-PF or 990–EZ for preparer. Phone Help more information. If you have questions and/or need help • You can pay taxes online or by phone The paid preparer must: completing this form, please call using the free Electronic Federal Tax 877-829-5500. This toll-free telephone Form 4720 Instructions 21 |
Enlarge image | Page 22 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Payment System (EFTPS). Visit require you to provide the requested subject to the Paperwork Reduction Act EFTPS.gov or call 1-800-555-4477 for information if the tax applies to you. unless the form displays a valid OMB details. Electronic Funds Withdrawal Section 6109 requires you to provide control number. Books or records (EFW) from a checking or savings your identifying number. Routine uses of relating to a form or its instructions must account is also available to those who this information include disclosing it to be retained as long as their contents file electronically. the Department of Justice for civil and may become material in the criminal litigation and to other federal administration of any Internal Revenue Privacy Act and Paperwork Reduc- agencies, as provided by law. We may law. Generally, tax returns and return tion Act Notice. We ask for the disclose the information to cities, states, information are confidential, as required information on this form to carry out the the District of Columbia, and U.S. by section 6103. However, certain Internal Revenue laws of the United Commonwealths and territories to returns and return information of tax States. You are required to give us the administer their laws. We may also exempt organizations and trusts are information. We need it to ensure that disclose this information to other subject to public disclosure and you are complying with these laws and countries under a tax treaty, to federal inspection, as provided by section 6104. to allow us to figure and collect the right and state agencies to enforce federal amount of tax. Certain individuals who nontax criminal laws, or to federal law The time needed to complete and file owe tax under Chapter 41 or 42 of the enforcement and intelligence agencies this form will vary depending on Internal Revenue Code, and who don't to combat terrorism. If you don't file this individual circumstances. The estimated sign the Form 4720 of the foundation or information, you may be subject to burden for tax exempt organizations organization, must file a separate Form interest, penalties, and/or criminal filing this form is approved under OMB 4720 showing the tax owed and the prosecution. control number 1545-0047 and is name of the foundation or organization included in the estimates shown in the for which they owe tax. Sections 6001 You aren’t required to provide the instructions for their information return. and 6011 of the Internal Revenue Code information requested on a form that is 22 Instructions for Form 4720 (2024) |
Enlarge image | Page 23 of 23 Fileid: … -form-4720/2024/a/xml/cycle06/source 10:52 - 4-Dec-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Initial taxes on Schedule E; Initial Taxes Schedule O; Excess Tax A investments that on Taxable on Net Investment Amended return 6 jeopardize charitable Expenditures 13 Income of Private purpose: Attorney 21 Schedule F; Initial Taxes Colleges and section 4944 12 on Political Universities (Section Initial taxes on political Expenditures 13 4968) 20 D expenditures: Schedule G; Tax on Signature and Disqualified person 15 section 4955 13 Excess Lobbying Verification 4 Donor advised funds 17, Initial taxes on taxable Expenditures 14 Summary of Taxes 8 18 expenditures: Schedule H; Taxes on section 4945 13 Disqualifying Lobbying T E Expenditures 14 Tax on excess lobbying Excess business holdings: P Schedule I; Initial Taxes on expenditures: Excess Benefit section 4911 14 Exceptions to tax 10 Paid Preparer 21 Transactions 15 Tax Payments 5 Schedule C 9 Paid Preparer Schedule J; Taxes on Extension 4 Authorization 21 Being a Party to Taxes on being a party to Preparer Tax identification Prohibited Tax Shelter Prohibited Tax Shelter F Number (PTIN) 21 Transactions (Section Transactions: Filing requirements: Publications: 4965) 16 listed transaction 17 When to file 4 Pub. 947, Practice Before Schedule K; Taxes on section 4965 16 Where and How to file 3 the IRS and Power of Taxable Distributions of Taxes on disqualifying Attorney 21 Sponsoring lobbying expenditures: Who must file 2 Organizations section 4912 14 Foreign Organizations or S Maintaining Donor Taxes on Managers, U.S. Territory 4 Advised Funds 17 Self-Dealers, etc. 7 Schedule: Schedule L; Taxes on Taxes on Prohibited I Schedule A; Initial Taxes Prohibited Benefits Benefits Distributed on Self-Dealing 8 Initial Taxes on Excess Distributed From Donor From Donor Advised Benefit Transactions: Schedule B; Initial Tax on Advised Funds 18 Funds: Undistributed Income 9 disqualified person 15 Schedule M; Tax on section 4967 18 Schedule C; Initial Tax on Failure to Meet the Taxes on Taxable donor advised funds 16 Excess Business Community Health Distributions of excess benefit Holdings 9 Needs Assessment Sponsoring transaction 15 Schedule D; Initial Taxes Requirements (Section Organizations section 4958 15 on Investments That 501(r)(3)) 19 Maintaining Donor sponsoring Jeopardize Charitable Schedule N; Tax on Advised Funds: organizations 16 Purpose 12 Excess Executive section 4966 17 supporting Compensation (Section organizations 16 4960) 19 23 |