Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … tions/i990/2023/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 102 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Form 990 Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except private foundations) Section references are to the Internal Revenue Code unless Contents Page otherwise noted. Appendix A. Exempt Organizations Reference Contents Page Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76 Purpose of Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Appendix B. How To Determine Whether an Phone Help . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Organization's Gross Receipts Are Normally $50,000 (or $5,000) or Less . . . . . . . . . . . . . . . . 77 Email Subscription . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Appendix C. Special Gross Receipts Tests for General Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 2 Determining Exempt Status of Section 501(c) A. Who Must File . . . . . . . . . . . . . . . . . . . . . . . . 2 (7) and 501(c)(15) Organizations . . . . . . . . . . . . 77 B. Organizations Not Required To File Form Appendix D. Public Inspection of Returns . . . . . . . . . 78 990 or 990-EZ . . . . . . . . . . . . . . . . . . . . . . . . 4 Appendix E. Group Returns—Reporting C. Sequencing List To Complete the Form Information on Behalf of the Group . . . . . . . . . . . 82 and Schedules . . . . . . . . . . . . . . . . . . . . . . . . 4 Appendix F. Disregarded Entities and Joint D. Accounting Periods and Methods . . . . . . . . . . . 5 Ventures—Inclusion of Activities and Items . . . . . 83 E. When, Where, and How To File . . . . . . . . . . . . 6 Appendix G. Section 4958 Excess Benefit F. Extension of Time To File . . . . . . . . . . . . . . . . . 6 Transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 G. Amended Return/Final Return . . . . . . . . . . . . . 6 Appendix H. Forms and Publications To File or H. Failure-To-File Penalties . . . . . . . . . . . . . . . . . 6 Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 90 I. Group Return . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Appendix I. Use of Form 990 or 990-EZ To Satisfy J. Requirements for a Properly Completed State Reporting Requirements . . . . . . . . . . . . . . 92 Form 990 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Appendix J. Contributions . . . . . . . . . . . . . . . . . . . . 93 Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 8 Appendix K. Reporting Information for Section Heading. Items A–M . . . . . . . . . . . . . . . . . . . . . . 8 501(c)(21) Black Lung Trusts . . . . . . . . . . . . . . . 95 Part I. Summary . . . . . . . . . . . . . . . . . . . . . . . . 10 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97 Part II. Signature Block . . . . . . . . . . . . . . . . . . . 10 Future Developments Part III. Statement of Program Service For the latest information about developments related to Form Accomplishments . . . . . . . . . . . . . . . . . . . . . 11 990 and its instructions, such as legislation enacted after they Part IV. Checklist of Required Schedules . . . . . . 12 were published, go to IRS.gov/Form990. Part V. Statements Regarding Other IRS Filings and Tax Compliance . . . . . . . . . . . . . . 15 Reminders Part VI. Governance, Management, and Ann. 2021-18 revoked Ann. 2001-33. Ann. 2001-33, 2001-17 Disclosure . . . . . . . . . . . . . . . . . . . . . . . . . . 19 I.R.B. 1137, provided tax-exempt organizations with reasonable Part VII. Compensation of Officers, Directors, cause for purposes of relief from the penalty imposed under section 6652(c)(1)(A)(ii) if they reported compensation on their Trustees, Key Employees, Highest annual information returns in the manner described in Ann. Compensated Employees, and 2001-33 instead of in accordance with certain form instructions. Independent Contractors . . . . . . . . . . . . . . . . 25 Ann. 2021-18, 2021-52 I.R.B. 910, revoked Ann. 2001-33 and Part VIII. Statement of Revenue . . . . . . . . . . . . . 37 instructs affected tax-exempt organizations to follow the specific Part IX. Statement of Functional Expenses . . . . . 42 instructions for Form 990, Form 990-EZ, and Form 990-PF, Part X. Balance Sheet . . . . . . . . . . . . . . . . . . . . 47 effective for annual information returns required for tax years beginning on or after January 1, 2022. Part XI. Reconciliation of Net Assets . . . . . . . . . . 50 Section 501(c)(21) trusts. Form 990-BL, Information and Part XII. Financial Statements and Reporting . . . 50 Initial Excise Tax Return for Black Lung Benefit Trusts and Business Activity Codes . . . . . . . . . . . . . . . . . . . . . 52 Certain Related Persons, has been a historical form since tax Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 year 2021. Section 501(c)(21) trusts can no longer file Form Appendix of Special Instructions to Form 990 990-BL and will file Form 990 (or submit Form 990-N, Electronic Contents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75 Notice (e-Postcard) for Tax-Exempt Organizations Not Required To File Form 990 or 990-EZ, if eligible) to meet their annual filing Dec 14, 2023 Cat. No. 11283J |
Page 2 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. obligations under section 6033. Some section 501(c)(21) trusts and the filing organization (see Appendix D), and can be may also be required to file Form 6069, Return of Certain Excise required to be filed with state governments to satisfy state Taxes on Mine Operators, Black Lung Trusts, and Other Persons reporting requirements. See Appendix I. Use of Form 990 or Under Sections 4951, 4952, and 4953. 990-EZ To Satisfy State Reporting Requirements. Purpose of Form Reminder: Don't include social security numbers (SSNs) on publicly disclosed forms. Because the Forms 990 and 990-EZ are used by tax-exempt organizations, CAUTION! filing organization and the IRS are required to publicly nonexempt charitable trusts, and section 527 political disclose the organization's annual information returns, SSNs organizations to provide the IRS with the information required by shouldn't be included on this form. By law, with limited section 6033. exceptions, neither the organization nor the IRS may remove that An organization's completed Form 990 or 990-EZ, and a information before making the form publicly available. section 501(c)(3) organization's Form 990-T, Exempt Documents subject to disclosure include statements and Organization Business Income Tax Return, are generally attachments filed with the form. For more information, see available for public inspection as required by section 6104. Appendix D. Schedule B (Form 990), Schedule of Contributors, is available for public inspection for section 527 organizations filing Form Helpful hints. The following hints can help you more efficiently 990 or 990-EZ. For other organizations that file Form 990 or review these instructions and complete the form. 990-EZ, parts of Schedule B (Form 990) can be open to public • See General Instructions, Section C, later, which provides inspection. See Appendix D. Public Inspection of Returns, and guidance on the recommended order for completing the form the Instructions for Schedule B (Form 990) for more details. and applicable statements. • Throughout these instructions, “the organization” and the Some members of the public rely on Form 990 or 990-EZ as “filing organization” both refer to the organization filing Form 990. their primary or sole source of information about a particular • Unless otherwise specified, information should be provided organization. How the public perceives an organization in such for the organization's tax year. For instance, an organization cases can be determined by information presented on its return. should answer “Yes” to a question asking whether it conducted a certain type of activity only if it conducted that activity during the Photographs of Missing Children tax year. The Internal Revenue Service is a proud partner with the • The examples appearing throughout the Instructions for Form National Center for Missing & Exploited Children® (NCMEC). 990 are illustrative only. They are for the purpose of completing Photographs of missing children selected by the Center may this form and aren't all-inclusive. appear in instructions on pages that would otherwise be blank. • Instructions for the Form 990 schedules are published You can help bring these children home by looking at the separately from these instructions. photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Organizations that have $1,000 or more for the tax year of total gross income from all unrelated trades or Phone Help CAUTION! businesses must file Form 990-T to report and pay tax on the resulting unrelated business taxable income (UBTI), in If you have questions and/or need help completing Form 990, addition to any required Form 990, 990-EZ, or 990-N. please call 877-829-5500. This toll-free telephone service is available Monday through Friday. A. Who Must File Email Subscription Most organizations exempt from income tax under section The IRS has established a subscription-based email service for 501(a) must file an annual information return (Form 990 or tax professionals and representatives of tax-exempt 990-EZ) or submit an annual electronic notice (Form 990-N), organizations. Subscribers will receive periodic updates from the depending upon the organization's gross receipts and total IRS regarding exempt organization tax law and regulations, assets. available services, and other information. To subscribe, go to An organization may not file a “consolidated” Form 990 IRS.gov/Charities-&-Non-Profits/Subscribe-to-Exempt- TIP to aggregate information from another organization that Organization-Update. has a different employer identification number (EIN), unless it is filing a group return and reporting information from a subordinate organization or organizations, reporting General Instructions information from a joint venture or disregarded entity (see Appendix E. Group Returns—Reporting Information on Behalf of Overview of Form 990 the Group, and Appendix F. Disregarded Entities and Joint Note. Terms in bold are defined in the Glossary of the Ventures—Inclusion of Activities and Items, later), or as Instructions for Form 990. otherwise provided for in the Code, regulations, or official IRS Form 990 is an annual information return required to be filed with guidance. A parent-exempt organization of a section 501(c)(2) the IRS by most organizations exempt from income tax under title-holding company may file a consolidated Form 990-T with section 501(a), and certain political organizations and the section 501(c)(2) organization, but not a consolidated Form nonexempt charitable trusts. Parts I through XII of the form 990. must be completed by all filing organizations and require reporting on the organization's exempt and other activities, Form 990 must be filed by an organization exempt from finances, governance, compliance with certain federal tax filings income tax under section 501(a) (including an organization that and requirements, and compensation paid to certain persons. hasn't applied for recognition of exemption) if it has either (1) Additional schedules are required to be completed depending gross receipts greater than or equal to $200,000, or (2) total upon the activities and type of the organization. By completing assets greater than or equal to $500,000 at the end of the tax Part IV, the organization determines which schedules are year (with exceptions described below for organizations eligible required. The entire completed Form 990 filed with the IRS, to submit Form 990-N and for certain organizations described in except for certain contributor information on Schedule B (Form Section B. Organizations Not Required To File Form 990 or 990), is required to be made available to the public by the IRS 990-EZ, later). This includes: 2 Instructions to Form 990 |
Page 3 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Organizations described in section 501(c)(3) (other than 2. The exclusively religious activities of a religious order; or private foundations), and 3. An organization, the gross receipts of which are normally • Organizations described in other 501(c) subsections. not more than $5,000, that supports a section 501(c)(3) religious Gross receipts are the total amounts the organization organization. received from all sources during its tax year, without subtracting If the organization is described in (3) but not in (1) or (2), then it any costs or expenses. See Appendix B. How To Determine must submit Form 990-N unless it voluntarily files Form 990 or Whether an Organization's Gross Receipts Are Normally 990-EZ. $50,000 (or $5,000) or Less, later, for a discussion of gross receipts. Section 501(c)(7) and 501(c)(15) organizations. Section 501(c)(7) and 501(c)(15) organizations apply the same gross For purposes of Form 990 reporting, the term “section 501(c) receipts test as other organizations to determine whether they (3)” includes organizations exempt under sections 501(e) and (f) must file Form 990, but use a different definition of gross receipts (cooperative service organizations), 501(j) (amateur sports to determine whether they qualify as tax exempt for the tax year. organizations), 501(k) (childcare organizations), and 501(n) See Appendix C. Special Gross Receipts Tests for Determining (charitable risk pools). In addition, any organization described in Exempt Status of Section 501(c)(7) and 501(c)(15) one of these sections is also subject to section 4958 if it obtains Organizations for more information. a determination letter from the IRS stating that it is described in section 501(c)(3). Section 527 political organizations. A tax-exempt political organization must file Form 990 or 990-EZ if it had $25,000 or Form 990-N. If an organization normally has gross receipts of more in gross receipts during its tax year, even if its gross $50,000 or less, it must submit Form 990-N, if it chooses not to receipts are normally $50,000 or less, unless it meets one of the file Form 990 or 990-EZ (with exceptions described below for exceptions for certain political organizations under Section B, certain section 509(a)(3) supporting organizations and for later. A qualified state or local political organization must file certain organizations described in Section B, later). See Form 990 or 990-EZ only if it has gross receipts of $100,000 or Appendix B for a discussion of gross receipts. more. Political organizations aren't required to submit Form Form 990-EZ. If an organization has gross receipts less than 990-N. $200,000 and total assets at the end of the tax year less than Section 4947(a)(1) nonexempt charitable trusts. A $500,000, it can choose to file Form 990-EZ, Short Form Return nonexempt charitable trust described under section 4947(a) of Organization Exempt From Income Tax, instead of Form 990. (1) (if it isn't treated as a private foundation) is required to file See the Instructions for Form 990-EZ for more information. See Form 990 or 990-EZ, unless excepted under Section B, later. the special rules below regarding section 501(c)(21) black Such a trust is treated like an exempt section 501(c)(3) lung trusts, controlling organizations under section 512(b) organization for purposes of completing the form. Section (13), and sponsoring organizations of donor advised funds. 4947(a)(1) trusts must complete all sections of the Form 990 and If an organization eligible to submit the Form 990-N or file the schedules that section 501(c)(3) organizations must complete. Form 990-EZ chooses to file the Form 990, it must file a All references to a section 501(c)(3) organization in the Form complete return. 990, schedules, and instructions include a section 4947(a)(1) trust (for instance, such a trust must complete Schedule A (Form Foreign and U.S. territory organizations. Foreign 990), Public Charity Status and Public Support, unless otherwise organizations and U.S. territory organizations as well as specified). If such a trust doesn't have any taxable income under domestic organizations must file Form 990 or 990-EZ unless subtitle A of the Code, it can file Form 990 or 990-EZ to meet its specifically excepted under Section B, later. Report amounts in section 6012 filing requirement and doesn't have to file Form U.S. dollars and state what conversion rate the organization 1041, U.S. Income Tax Return for Estates and Trusts. uses. Combine amounts from inside and outside the United States and report the total for each item. All information must be Returns when exempt status not yet established. An written in English. organization is required to file Form 990 under these instructions if the organization claims exempt status under section 501(a) but Section 501(c)(21) black lung trusts. The trustee of a trust hasn't established such exempt status by filing Form 1023, exempt from tax under section 501(a) and described in section Application for Recognition of Exemption Under Section 501(c) 501(c)(21) must file Form 990 and not Form 990-EZ, unless the (3) of the Internal Revenue Code; Form 1023-EZ, Streamlined trust normally has gross receipts in each tax year of not more Application for Recognition of Exemption Under Section 501(c) than $50,000 and can file Form 990-N. (3) of the Internal Revenue Code; Form 1024, Application for Sponsoring organizations of donor advised funds. If Recognition of Exemption Under Section 501(a); or Form required to file an annual information return for the year, 1024-A, Application for Recognition of Exemption Under Section sponsoring organizations of donor advised funds must file 501(c)(4) of the Internal Revenue Code, and receiving an IRS Form 990 and not Form 990-EZ. determination letter recognizing tax-exempt status. In such a Controlling organizations described in section 512(b)(13). case, the organization must check the “Application pending” A controlling organization of one or more controlled entities, checkbox on Form 990, item B, page 1 (whether or not a Form as described in section 512(b)(13), must file Form 990 and not 1023, 1023-EZ, 1024, or 1024-A has been filed) to indicate that Form 990-EZ if it is required to file an annual information return Form 990 is being filed in the belief that the organization is for the year and if there was any transfer of funds between the exempt under section 501(a), but that the IRS hasn't yet controlling organization and any controlled entity during the year. recognized such exemption. To be recognized as exempt retroactive to the date of its Section 509(a)(3) supporting organizations. A section organization or formation, an organization claiming tax-exempt 509(a)(3) supporting organization must file Form 990 or status under section 501(c) (other than 501(c)(29)) must 990-EZ, even if its gross receipts are normally $50,000 or less, generally file an application for recognition of exemption (Form and even if it is described in Rev. Proc. 96-10, 1996-1 C.B. 577, 1023, 1023-EZ, 1024, or 1024-A) within 27 months of the end of or is an affiliate of a governmental unit described in Rev. Proc. the month in which it was legally organized or formed. 95-48,1995-2 C.B. 418, unless it qualifies as: 1. An integrated auxiliary of a church described in Regulations section 1.6033-2(h); 2023 Instructions for Form 990 3 |
Page 4 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An organization that has filed a letter application for 11. Foreign organizations and organizations located in U.S. ! recognition of exemption as a qualified nonprofit health territories, whose gross receipts from sources within the CAUTION insurance issuer under section 501(c)(29), or plans to do United States are normally $50,000 or less and which didn't so, but hasn't yet received an IRS determination letter engage in significant activity in the United States (other than recognizing exempt status, must check the “Application pending” investment activity). Such organizations, if they claim U.S. tax checkbox on the Form 990, item B, page 1 . exemption or are recognized by the IRS as tax exempt, are generally required to submit Form 990-N if they choose not to file B. Organizations Not Required To File Form 990 or 990-EZ. Form 990 or 990-EZ If a foreign organization or U.S. territory organization is required An organization doesn't have to file Form 990 or 990-EZ even if it to file Form 990 or 990-EZ, then its worldwide gross receipts, as has at least $200,000 of gross receipts for the tax year or well as assets, are taken into account in determining whether it $500,000 of total assets at the end of the tax year if it is qualifies to file Form 990-EZ. described below (except for section 509(a)(3) supporting Certain organizations that file different kinds of annual organizations, which are described earlier). See Section A. Who information returns. Must File, earlier, to determine if the organization can file Form 12. A private foundation (including a private operating 990-EZ instead of Form 990. An organization described in foundation) exempt under section 501(c)(3) and described in paragraph 10, 11, or 13 of this Section B is required to submit section 509(a). Use Form 990-PF, Return of Private Foundation Form 990-N unless it voluntarily files Form 990 or 990-EZ, as or Section 4947(a)(1) Trust Treated as Private Foundation. Also applicable. use Form 990-PF for a taxable private foundation, a section Certain religious organizations. 4947(a)(1) nonexempt charitable trust treated as a private foundation, and a private foundation terminating its status by 1. A church, an interchurch organization of local units of a becoming a public charity under section 507(b)(1)(B) (for tax church, a convention or association of churches, or an integrated years within its 60-month termination period). If the organization auxiliary of a church as described in Regulations section successfully terminates, then it files Form 990 or 990-EZ in its 1.6033-2(h) (such as a men's or women's organization, religious final year of termination. school, mission society, or youth group). 13. A religious or apostolic organization described in section 2. A church-affiliated organization that is exclusively 501(d). Use Form 1065, U.S. Return of Partnership Income. engaged in managing funds or maintaining retirement programs and is described in Rev. Proc. 96-10. But see the filing 14. A stock bonus, pension, or profit-sharing trust that requirements for section 509(a)(3) supporting organizations in qualifies under section 401. Use Form 5500, Annual Return/ Section A, earlier. Report of Employee Benefit Plan. 3. A school below college level affiliated with a church or Subordinate organizations in a group exemption operated by a religious order described in Regulations section TIP which are included in a group return filed by the 1.6033-2(g)(1)(vii). central organization for the tax year shouldn't file a 4. A mission society sponsored by, or affiliated with, one or separate Form 990, 990-EZ, or 990-N for the tax year. more churches or church denominations, if more than half of the society's activities are conducted in, or directed at, persons in C. Sequencing List To Complete the foreign countries. 5. An exclusively religious activity of any religious order Form and Schedules described in Rev. Proc. 91-20, 1991-1 C.B. 524. You may find the following list helpful. It limits jumping from one part of the form to another to make a calculation or determination Certain governmental organizations. needed to complete an earlier part. Certain later parts of the 6. A state institution whose income is excluded from gross form must first be completed in order to complete earlier parts. In income under section 115. general, first complete the core form, and then complete 7. A governmental unit or affiliate of a governmental unit alphabetically Schedules A–N and Schedule R, except as described in Rev. Proc. 95-48. But see the filing requirements for provided below. Schedule O (Form 990), Supplemental section 509(a)(3) supporting organizations in Section A, earlier. Information to Form 990 or 990-EZ, should be completed as the 8. An organization described in section 501(c)(1). A section core form and schedules are completed. Note that all 501(c)(1) organization is a corporation organized under an Act of organizations filing Form 990 must file Schedule O. Congress that is an instrumentality of the United States, and A public charity described in section 170(b)(1)(A)(iv), exempt from federal income taxes. TIP 170(b)(1)(A)(vi), or 509(a)(2) that isn't within its initial 5 Certain political organizations. years of existence should first complete Part II or III of Schedule A (Form 990) to ensure that it continues to qualify as a 9. A political organization that is: public charity for the tax year. If it fails to qualify as a public • A state or local committee of a political party, charity, then it must file Form 990-PF rather than Form 990 or • A political committee of a state or local candidate, 990-EZ, and check the box for “Initial return of a former public • A caucus or association of state or local officials, or charity” on page 1 of Form 990-PF. • Required to report under the Federal Election Campaign Act of 1971 as a political committee (as defined in section 301(4) of 1. Complete items A through F and H(a) through M in the such Act). heading of Form 990, on page 1. Certain organizations with limited gross receipts. 2. See the instructions for definitions of related 10. An organization whose gross receipts are normally organization and control and determine the organization's $50,000 or less. Such organizations are generally required to related organizations required to be listed on Schedule R (Form submit Form 990-N if they choose not to file Form 990 or 990), Related Organizations and Unrelated Partnerships. 990-EZ. To determine what an organization's gross receipts 3. Determine the organization's officers, directors, trustees, “normally” are, see Appendix B . key employees, and five highest compensated employees required to be listed on Form 990, Part VII, Section A. 4 2023 Instructions for Form 990 |
Page 5 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 4. Complete Parts VIII, IX, and X of Form 990. 990-series filing requirement or income tax return filing 5. Complete item G in the heading section of Form 990, on requirement at any time during that 10-year period, it must also page 1. file a Form 1128, Application To Adopt, Change, or Retain a Tax Year, with the short-period return. See Rev. Proc. 85-58, 1985-2 6. Complete Parts III, V, VII, XI, and XII of Form 990. C.B. 740. 7. See the Instructions for Schedule L (Form 990), If an organization that submits Form 990-N changes its Transactions With Interested Persons, and complete Schedule L accounting period, it must report this change on Form 990, Form (Form 990) (if required). 990-EZ, or Form 1128, or by sending a letter to Internal Revenue 8. Complete Part VI of Form 990. Transactions reported on Service, 1973 Rulon White Blvd., Ogden, UT 84201. Schedule L (Form 990) are relevant to determining independence of members of the governing body under Form Accounting Methods 990, Part VI, line 1b. An “accounting method,” for federal income tax purposes, is a 9. Complete Part I of Form 990 based on information derived practice a taxpayer follows to determine the tax year in which to from other parts of the form. report revenue and expenses for federal income tax purposes. 10. Complete Part IV of Form 990 to determine which An accounting method includes not only the overall plan of schedules must be completed by the organization. accounting for gross income or deductions (for example, an accrual method or the cash receipts and disbursement method), 11. Complete Schedule O (Form 990) and any other but also the treatment of any item that involves the proper time applicable schedules (for “Yes” boxes that were checked in Part for the inclusion of an item in income or the taking of an item as a IV). Use Schedule O (Form 990) to provide required deduction, or both. However, a practice that does not affect the supplemental information and other narrative explanations for timing for reporting an item of income or deduction for purposes questions on the core Form 990. For questions on Form 990 of determining taxable income is not an accounting method. A schedules, use the narrative part of each schedule to provide taxpayer, including a tax-exempt entity, generally adopts any supplemental narrative. permissible accounting method in the first year in which it uses 12. Complete Part II, Signature Block, of Form 990. the method in determining its taxable income. See Rev. Proc. 2015-13, 2015-5 I.R.B. 419, as modified by Rev. Proc. 2021-34 D. Accounting Periods and Methods and any successor, for general procedures for obtaining consent These are the accounting periods covered under the law. to change an accounting method. An exempt organization may adopt an accounting Accounting Periods ! method not only for purposes of calculating taxable Calendar year. Use the 2023 Form 990 to report on the 2023 CAUTION income, but also for purposes of determining whether calendar year accounting period. A calendar year accounting taxable income will be subject to federal income tax. For period begins on January 1 and ends on December 31. example, a tax-exempt entity may adopt an accounting method for an item of income from an unrelated trade or business activity Fiscal year. If the organization has established a fiscal year even if the gross income from such activity is less than $1,000 accounting period, use the 2023 Form 990 to report on the and is therefore not taxed for federal income tax purposes organization's fiscal year that began in 2023 and ended 12 pursuant to Regulations section 1.6012-2(e). months later. A fiscal year accounting period should normally coincide with the natural operating cycle of the organization. Be An accounting method for an item of income or deduction certain to indicate in item A of Form 990, page 1, the date the may generally be adopted separately for each of the taxpayer’s organization's fiscal year began in 2023 and the date the fiscal trades or businesses. However, in order to be permissible, an year ended in 2024. accounting method must clearly reflect the taxpayer’s income. Short period. A short accounting period is a period of less than Unless instructed otherwise, the organization should generally 12 months, which exists when an organization first commences use the same accounting method on the return (including the operations, changes its accounting period, or terminates. If the Form 990 and all schedules) to report revenue and expenses organization's short year began in 2023, and ended before that it regularly uses to keep its books and records. December 31, 2023 (not on or after December 31, 2023), it may Accounting method change. Once a taxpayer, including a use either 2022 Form 990 or 2023 Form 990 to file for the short tax-exempt entity, adopts an accounting method for federal year. If using the 2022 return, provide the information for income tax purposes, the taxpayer must generally request the designated years listed on the return, other than the tax year IRS’s consent before it can change its accounting method (even being reported, as if the years shown in the form text and if the year in which the taxpayer seeks to make the change is a headings were updated. For example, if filing for a short period year in which it generates only tax-exempt income or is beginning in 2023 on the 2022 Form 990, provide the information otherwise not taxed on its taxable income). In most cases, a on Schedule A, Part II, for the tax years 2019–2023, rather than taxpayer requests consent to change an accounting method by for tax years 2018–2022. Check the “Initial return” box or the filing a Form 3115, Application for Change in Accounting “Final return/terminated” box in item B of the heading if either of Method. See Rev. Proc. 2015-13, as modified by Rev. Proc. those situations applies. 2021-34 and any successor, for general procedures for obtaining Accounting period change. If the organization changes its consent to change an accounting method. accounting period, it must file a Form 990 for the short period Depending on the specific accounting method change resulting from the change. If you are filing a short period return ! being requested, the taxpayer may be able to request because you changed your accounting period, use software with CAUTION “automatic” consent. This means that as long as the a change of accounting period field to file. Also, include the taxpayer follows the applicable procedures, the taxpayer does reason for the change, either “Form 1128 was approved” or not have to wait for formal approval by the IRS before applying “Revenue Procedure 85-58 rules apply.” the new accounting method. See Rev. Proc. 2023-24, 2023-8 If the organization has previously changed its annual I.R.B. 1207, or its successor, for a list of accounting method accounting period at any time within the 10-calendar-year period changes that generally qualify for automatic consent. that includes the beginning of the short period resulting from the current change in accounting period, and it had a Form 2023 Instructions for Form 990 5 |
Page 6 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. For example, a tax-exempt entity that has adopted an required to provide such reconciliations on Schedule D (Form accounting method for an item of income from an unrelated trade 990), Parts XI through XII. or business must generally request consent before it can change See Pub. 538, Accounting Periods and Methods, and the its method of accounting for that item in any subsequent year. TIP instructions for Forms 1128 and 3115, about reporting This is true regardless of whether gross income from the changes to accounting periods and methods. unrelated trade or business is greater than or equal to $1,000 in such subsequent year. Alternatively, if a taxpayer, including a tax-exempt entity, has E. When, Where, and How To File not yet adopted an accounting method for an item of income or File Form 990 by the 15th day of the 5th month after the deduction, a change in how the entity reports the item is not a organization's accounting period ends (May 15th for a change in accounting method. In this case, the procedures calendar-year filer). If the due date falls on a Saturday, Sunday, applicable to requests for accounting method changes (for or legal holiday, file on the next business day. A business day is example, the requirement to file a Form 3115) are not applicable. any day that isn't a Saturday, Sunday, or legal holiday. Thus, a tax-exempt entity that has never taken into account If the organization is liquidated, dissolved, or terminated, file an item of income or deduction in determining taxable income the return by the 15th day of the 5th month after liquidation, does not have to request consent to change its method of dissolution, or termination. reporting that item on Form 990. Additionally, a tax-exempt entity that has never been subject to federal income tax on an item of If the return isn't filed by the due date (including any extension income or deduction but that is required to file a Form 990-T granted), provide a reasonable-cause explanation giving the solely due to owing a section 6033(e)(2) proxy tax does not have reasons for not filing on time. to request consent to change its method for reporting the item. Required electronic filing. If you are filing a 2023 Form 990, Adjustments required when changing an accounting meth- you are required to file electronically. od. A taxpayer, including a tax-exempt entity, that changes its For additional information on the electronic filing requirement, accounting method must generally calculate and report an go to IRS.gov/EOefile. adjustment to ensure that no portion of the item being changed is permanently omitted or duplicated (see section 481(a)). F. Extension of Time To File However, depending on the specific method change, the IRS Use Form 8868, Application for Extension of Time To File an may provide that an adjustment is not required or permitted. An Exempt Organization Return or Excise Taxes Related to organization must report any adjustment required by section Employee Benefit Plans, to request an automatic extension of 481(a) in Parts VIII through XI and on Schedule D (Form 990), time to file. Parts XI and XII, as applicable, and provide an explanation for the change on Schedule O (Form 990). G. Amended Return/Final Return Generally, a taxpayer, including a tax-exempt entity, will To amend the organization's return for any year, file a new return including any required schedules. Use the version of Form 990 ! recognize a positive section 481(a) adjustment (such as applicable to the year being amended. The amended return CAUTION an increase to income) ratably over 4 tax years and will recognize a negative section 481(a) adjustment in full in the year must provide all the information called for by the form and of change. See Rev. Proc. 2015-13, as modified by Rev. Proc. instructions, not just the new or corrected information. Check the 2021-34 and any successor, for general procedures for obtaining “Amended return” box in item B in the heading area of the form. consent to change an accounting method. Also, enter on Schedule O (Form 990) which parts and schedules of the Form 990 were amended and describe the However, as discussed above, if a tax-exempt entity has not amendments. yet adopted an accounting method for an item, a change in how the entity reports the item for purposes of the Form 990 is not a The organization can file an amended return at any time to change in accounting method. In this case, an adjustment under change or add to the information reported on a previously filed section 481(a) is not required or permitted. return for the same period. It must make the amended return available for inspection for 3 years from the date of filing or 3 State reporting. Many states that accept Form 990 in place of years from the date the original return was due, whichever is their own forms require that all amounts be reported based on later. the accrual method of accounting. If the organization prepares Form 990 for state reporting purposes, it can file an identical If the organization needs a complete copy of its previously return with the IRS even though the return doesn't agree with the filed return, it can file Form 4506, Request for Copy of Tax books of account, unless the way one or more items are reported Return. on the state return conflicts with the instructions for preparing If the return is a final return, the organization must check the Form 990 for filing with the IRS. “Final return/terminated” box in item B in the heading area of the Example 1. The organization maintains its books on the form, and complete Schedule N (Form 990), Liquidation, cash receipts and disbursements method of accounting but Termination, Dissolution, or Significant Disposition of Assets. prepares a Form 990 return for the state based on the accrual Amended returns and state filing considerations. State law method. It could use that return for reporting to the IRS. may require that the organization send a copy of an amended Example 2. A state reporting requirement requires the Form 990 return (or information provided to the IRS organization to report certain revenue, expense, or balance supplementing the return) to the state with which it filed a copy of sheet items differently from the way it normally accounts for them Form 990 to meet that state's reporting requirement. A state may on its books. A Form 990 prepared for that state is acceptable for require an organization to file an amended Form 990 to satisfy IRS reporting purposes if the state reporting requirement doesn't state reporting requirements, even if the original return was conflict with the Instructions for Form 990. accepted by the IRS. An organization should keep a reconciliation of any H. Failure-To-File Penalties differences between its books of account and the Form 990 that is filed. Organizations with audited financial statements are Against the organization. Under section 6652(c)(1)(A), a penalty of $20 a day, not to exceed the lesser of $12,000 or 5% 6 2023 Instructions for Form 990 |
Page 7 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of the gross receipts of the organization for the year, can be A subordinate organization may choose to file a separate charged when a return is filed late, unless the organization annual information return instead of being included in the group shows that the late filing was due to reasonable cause. return. Organizations with annual gross receipts exceeding If the central organization is required to file a return for itself, $1,208,500 are subject to a penalty of $120 for each day failure it must file a separate return and can't be included in the group continues (with a maximum penalty for any one return of return. See Regulations section 1.6033-2(d)(1). See Section B, $60,000). The penalty applies on each day after the due date earlier, for a list of organizations not required to file. that the return isn't filed. Every year, each subordinate organization must authorize the Tax-exempt organizations that are required to file central organization in writing to include it in the group return and electronically but don't are deemed to have failed to file the must declare, under penalties of perjury, that the authorization return. This is true even if a paper return is submitted. and the information it submits to be included in the group return The penalty can also be charged if the organization files an are true and complete. incomplete return, such as by failing to complete a required line The central organization should send the annual information item or a required part of a schedule. To avoid penalties and update required to maintain a group exemption ruling (a separate having to supply missing information later: requirement from the annual return) to: • Complete all applicable line items; • Unless instructed to skip a line, answer each question on the Department of the Treasury return; Internal Revenue Service Center • Make an entry (including a zero when appropriate) on all lines Ogden, UT 84201-0027 requiring an amount or other information to be reported; and • Provide required explanations as instructed. For special instructions regarding answering certain Form 990 Also, this penalty can be imposed if the organization's return questions about parts or schedules in the context of a group contains incorrect information. For example, an organization that return, see Appendix E. reports contributions net of related fundraising expenses can be subject to this penalty. J. Requirements for a Properly Use of a paid preparer doesn't relieve the organization of its Completed Form 990 responsibility to file a complete and accurate return. All organizations filing Form 990 must complete Parts I through Against responsible person(s). If the organization doesn't file XII, Schedule O (Form 990), and any schedules for which a “Yes” a complete return or doesn't furnish correct information, the IRS response is indicated in Part IV. If an organization isn't required will send the organization a letter that includes a fixed time to to file Form 990 but chooses to do so, it must file a complete fulfill these requirements. After that period expires, the person return and provide all of the information requested, including the failing to comply will be charged a penalty of $10 a day. The required schedules. maximum penalty on all persons for failures for any one return shall not exceed $6,000. Public inspection. In general, all information the organization reports on or with its Form 990, including schedules and There are also penalties (fines and imprisonment) for willfully attachments, will be available for public inspection. Note, not filing returns and for filing fraudulent returns and statements however, the special rules for Schedule B (Form 990), a required with the IRS (see sections 7203, 7206, and 7207). States can schedule for certain organizations that file Form 990. Make sure impose additional penalties for failure to meet their separate PDF attachments (if any) are clear and legible. For more filing requirements. information on public inspection requirements, see Appendix D, Automatic revocation for nonfiling for 3 consecutive years. and Pub. 557, Tax-Exempt Status for Your Organization. The law requires most tax-exempt organizations to file an annual Signature. A Form 990 isn't complete without a proper Form 990, 990-EZ, or 990-PF with the IRS, or to submit a Form signature. For details, see the instructions under Part II, 990-N e-Postcard to the IRS. For information on exceptions to Signature Block, later. this requirement, go to Annual Exempt Organization Return: Who Must File. If an organization fails to file an annual return or Recordkeeping. The organization's records should be kept for submit a notice as required for 3 consecutive years, its as long as they may be needed for the administration of any tax-exempt status is automatically revoked on and after the due provision of the Internal Revenue Code. Usually, records that date for filing its third annual return or notice. Organizations that support an item of income, deduction, or credit must be kept for lose their tax-exempt status may need to file income tax returns a minimum of 3 years from the date the return is due or filed, and pay income tax, but may apply for reinstatement of whichever is later. Keep records that verify the organization's exemption. For details, go to IRS.gov/EO. basis in property for as long as they are needed to figure the basis of the original or replacement property. Applicable law and I. Group Return an organization's policies can require that the organization retain A central, parent, or similar organization can file a group return records longer than 3 years. Form 990, Part VI, line 14, asks on Form 990 for two or more subordinate or local organizations whether the organization has a document retention and that are: destruction policy. • Affiliated with the central organization at the time its tax year The organization should also keep copies of any returns it has ends, filed. They help in preparing future returns and in making • Subject to the central organization's general supervision or computations when filing an amended return. control, Rounding off to whole dollars. The organization must round • Exempt from tax under a group exemption letter that is still in off cents to whole dollars on the returns and schedules, unless effect, and otherwise noted for particular questions. To round, drop amounts • Using the same tax year as the central organization. under 50 cents and increase amounts from 50 to 99 cents to the The central organization can't use a Form 990-EZ for the next dollar. For example, $1.49 becomes $1 and $2.50 becomes group return. $3. If the organization has to add two or more amounts to figure the amount to enter on a line, include cents when adding the amounts and round off only the total. 2023 Instructions for Form 990 7 |
Page 8 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Completing all lines. Make an entry (including -0- when 2. Schedules, completed as applicable, filed in alphabetical appropriate) on all lines requiring an amount or other information order (see Form 990, Part IV, for required schedules). to be reported. Don't leave any applicable lines blank, unless 3. Attachments, completed as applicable. These include (a) expressly instructed to skip that line. If answering a line is name change amendment to organizing document required by predicated on a “Yes” answer to the preceding line, and if the item B on page 1; (b) list of subordinate organizations organization's answer to the preceding line was “No,” then leave included in a group return required by item H on page 1; (c) the “If Yes” line blank. articles of merger or dissolution, resolutions, and plans of All filers must file Schedule O (Form 990). Certain questions liquidation or merger required by Schedule N (Form 990); and require all filers to provide an explanation on Schedule O (Form (d) for hospital organizations only, a copy of the most recent 990). In general, answers can be explained or supplemented on audited financial statements. Schedule O (Form 990) if the allotted space on the form or other Don't attach materials not authorized in the instructions or not schedule is insufficient, or if a “Yes” or “No” answer is required otherwise authorized by the IRS. but the organization wishes to explain its answer. To facilitate the processing of your return, don't Missing or incomplete parts of the form and/or required password protect or encrypt PDF attachments. schedules may result in the IRS contacting you to obtain the CAUTION! Password protecting or encrypting a PDF file that is missing information. Failure to supply the information may result attached to an e-filed return prevents the IRS from opening the in a penalty being assessed to your account. For tips on filing attachment. complete returns, go to IRS.gov/Charities. Reporting proper amounts. Some lines request information reported on other forms filed by the organization (such as Forms Specific Instructions W-2, 1099, and 990-T). If the organization is aware that the amount actually reported on the other form is incorrect, it must report on Form 990 the information that should have been reported on the other form (in addition to filing an amended form Heading. Items A–M with the proper amount). Complete items A through M. In general, don't report negative numbers, but use -0- instead Item A. Accounting period. File the 2023 return for calendar of a negative number, unless the instructions otherwise provide. year 2023 and fiscal years that began in 2023 and ended in Report revenue and expenses separately and don't net related 2024. For a fiscal year return, fill in the tax year space at the top items, unless otherwise provided. of page 1. See General Instructions, Section D, earlier, for Inclusion of activities and items of disregarded entities additional information about accounting periods. and joint ventures. An organization must report on its Form Item B. Checkboxes. The following checkboxes are under Item 990 all of the revenues, expenses, assets, liabilities, and net B. assets or funds of a disregarded entity of which it is the sole member, and must report on its Form 990 its share of all such Address change. Check this box if the organization changed items of a joint venture or other investment or arrangement its address and hasn't reported the change on its most recently treated as a partnership for federal income tax purposes. This filed Form 990, 990-EZ, 990-N, or 8822-B, Change of Address or includes passive investments. In addition, the organization must Responsible Party—Business, or in correspondence to the IRS. generally report activities of a disregarded entity or a joint If a change in address occurs after the return is filed, use venture on the appropriate parts or schedules of Form 990. For TIP Form 8822-B to notify the IRS of the new address. special instructions about the treatment of disregarded entities and joint ventures for various parts of the form, see Appendix F. Name change. Check this box if the organization changed its Reporting information from third parties. Some lines legal name (not its “doing business as” name) and if the request information that the organization may need to obtain organization hasn't reported the change on its most recently filed from third parties, such as compensation paid by related Form 990 or 990-EZ or in correspondence to the IRS. If the organizations; family and business relationships between organization changed its name, attach the following documents. officers, directors, trustees, key employees, and certain businesses they own or control; the organization's share of the IF the organization is . . . THEN attach . . . income and assets of a partnership or joint venture in which it has an ownership interest; and certain transactions between the a corporation a copy of the amendment to the articles of incorporation and proof of organization and interested persons. The organization should filing with the appropriate state make reasonable efforts to obtain this information. If it is unable authority. to obtain certain information by the due date for filing the return, it should file Form(s) 8868 to request a filing extension. See a trust a copy of the amendment to the trust Section F. Extension of Time To File, earlier. If the organization is instrument, or a resolution to amend the trust instrument, showing the unable to obtain this information by the extended due date after effective date of the change of name making reasonable efforts, and isn't certain of the answer to a and signed by at least one trustee. particular question, it may make a reasonable estimate, where applicable, and explain on Schedule O. an unincorporated association a copy of the amendment to the articles of association, constitution, or other organizing document, showing Assembling Form 990, Schedules, and the effective date of the change of Attachments name and signed by at least two Before filing Form 990, assemble the package of forms, officers, trustees, or members. schedules, and attachments in the following order. 1. Core form with Parts I through XII completed, filed in Initial return. Check this box if this is the first time the numerical order. organization is filing a Form 990 and it hasn't previously filed a Form 990-EZ, 990-PF, 990-T, or 990-N. 8 2023 Instructions for Form 990 |
Page 9 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Final return/terminated. Check this box if the organization another organization, even if the organizations are related. The has terminated its existence or ceased to be a section 501(a) or organization must have only one EIN. If it has more than one and section 527 organization and is filing its final return as an exempt hasn't been advised which to use, notify the: organization or section 4947(a)(1) trust. For example, an organization should check this box when it has ceased Department of the Treasury operations and dissolved, merged into another organization, or Internal Revenue Service Center has had its exemption revoked by the IRS. An organization that Ogden, UT 84201-0027 checks this box because it has liquidated, terminated, or dissolved during the tax year must also attach Schedule N (Form State the numbers the organization has, the name and 990). address to which each EIN was assigned, and the address of the An organization must support any claim to have organization's principal office. The IRS will advise the organization which number to use. ! liquidated, terminated, dissolved, or merged by CAUTION attaching a certified copy of its articles of dissolution or A subordinate organization that files a separate Form merger approved by the appropriate state authority. If a certified TIP 990 instead of being included in a group return must use copy of its articles of dissolution or merger isn't available, the its own EIN, and not that of the central organization. organization must submit a copy of a resolution or resolutions of its governing body approving plans of liquidation, termination, A section 501(c)(9) voluntary employees' beneficiary dissolution, or merger. TIP association must use its own EIN and not the EIN of its sponsor. Amended return. Check this box if the organization previously filed a return with the IRS for a tax year and is now Item E. Telephone number. Enter a telephone number of the filing another return for the same tax year to amend the organization that members of the public and government previously filed return. Enter on Schedule O (Form 990) the parts personnel can use during normal business hours to obtain and schedules of the Form 990 that were amended and describe information about the organization's finances and activities. If the the amendments. See General Instructions, Section G, earlier, organization doesn’t have a telephone number, enter the for more information. telephone number of an organization official who can provide Application pending. Check this box if the organization such information. either has filed a Form 1023, 1023-EZ, 1024, or 1024-A with the IRS and is awaiting a response, or claims tax-exempt status Item F. Name and address of principal officer. The address under section 501(a) but hasn't filed Form 1023, 1023-EZ, 1024, provided must be a complete mailing address to enable the IRS or 1024-A to be recognized by the IRS as tax exempt. If this box to communicate with the organization's current (as of the date is checked, the organization must complete all parts of Form 990 this return is filed) principal officer, if necessary. If the officer and any required schedules. An organization that is required to prefers to be contacted at the organization's address listed in file an annual information return (Form 990 or 990-EZ) or submit item C, enter “same as C above.” For purposes of this item, an annual electronic notice (Form 990-N) for a tax year (see “principal officer” means an officer of the organization who, General Instructions, Section A, earlier) must do so even if it regardless of title, has ultimate responsibility for implementing hasn't yet filed a Form 1023, 1023-EZ, 1024, or 1024-A with the the decisions of the organization's governing body, or for IRS, if it claims tax-exempt status. supervising the management, administration, or operation of the organization. To qualify for tax exemption retroactive to the date of its organization or formation, an organization claiming tax-exempt If a change in responsible party occurs after the return is status under section 501(c) (other than 501(c)(29)) must TIP filed, use Form 8822-B to notify the IRS of the new generally file an application for recognition of exemption (Form responsible party. 1023, 1023-EZ, 1024, or 1024-A) within 27 months of the end of the month in which it was legally organized or formed. Item G. Gross receipts. On Form 990, Part VIII, column A , add line 6b (both columns (i) and (ii)), line 7b (both columns (i) Item C. Name and address. Enter the organization's legal and (ii)), line 8b, line 9b, line 10b, and line 12, and enter the total name on the “Name of organization” line. If the organization here. See the exceptions from filing Form 990 based on gross operates under a name different from its legal name, enter the receipts and total assets as described under General alternate name on the “Doing Business As” (DBA) line. If multiple Instructions, Sections A and B, earlier. DBA names won't fit on the line, enter one on the line and enter the others on Schedule O (Form 990). Item H. Group returns. If the organization answers “No” to item If the organization receives its mail in care of a third party H(a), it shouldn't check a box in item H(b). If the organization (such as an accountant or an attorney), enter on the street answers “Yes” to item H(a) but “No” to item H(b), attach a list (not address line “C/O” followed by the third party's name and street on Schedule O (Form 990)) showing the name, address, and address or P.O. box. EIN of each local or subordinate organization included in the group return. Additionally, attach a list (not on Schedule O) Include the suite, room, or other unit number after the street showing the name, address, and EIN of each subordinate address. If the post office doesn’t deliver mail to the street organization not included in the group return. If the organization address and the organization has a P.O. box, enter the box answers “Yes” to item H(a) and “Yes” to item H(b), attach a list number instead of the street address. (not on Schedule O) showing the name, address, and EIN of For foreign addresses, enter the information in the following each subordinate organization included in the group return. See order: city or town, state or province, the name of the country, Regulations section 1.6033-2(d)(2)(ii). A central or subordinate and the postal code. Don't abbreviate the country name. organization filing an individual return should not attach such a If a change of address occurs after the return is filed, use list. Enter in item H(c) the four-digit group exemption number Form 8822-B to notify the IRS of the new address. (GEN) if the organization is filing a group return, or if the organization is a central or subordinate organization in a group Item D. EIN. Each organization (including a subordinate of a exemption and is filing a separate return. Don't confuse the central organization) must have its own EIN. Use the EIN four-digit GEN with the nine-digit EIN reported in item D of the provided to the organization for filing its Form 990 and federal tax form's heading. A central organization filing a group return returns. An organization should never use the EIN issued to 2023 Instructions for Form 990 9 |
Page 10 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. must not report its own EIN in item D, but report the special EIN determine what to report for prior year revenue and expense issued for use with the group return. amounts. If attaching a list: Line 16a. Enter the total of (i) the fees for professional • Enter the form number (“Form 990”) and tax year, fundraising services reported in Part IX, column (A), line 11e; • Enter the group exemption name and EIN, and and (ii) the portion of the amount reported in Part IX, column (A), • Enter the four-digit GEN. lines 5 and 6, that comprises fees for professional fundraising Item I. Tax-exempt status. Check the applicable box. If the services paid to officers, directors, trustees, key employees, and organization is exempt under section 501(c) (other than section disqualified persons, whether or not such persons are 501(c)(3)), check the second box and insert the appropriate employees of the organization. Exclude the latter amount from subsection number within the parentheses (for example, “4” for a Part I, line 15. section 501(c)(4) organization). Part II. Signature Block Item J. Website. Enter the organization's current address for its The return must be signed by the current president, vice primary website, as of the date of filing this return. If the president, treasurer, assistant treasurer, chief accounting officer, organization doesn’t maintain a website, enter “N/A” (not or other corporate officer (such as a tax officer) who is applicable). authorized to sign as of the date this return is filed. A receiver, Item K. Form of organization. Check the box describing the trustee, or assignee must sign any return he or she files for a organization's legal entity form or status under state law in its corporation or association. See Regulations section 1.6012-3(b) state of legal domicile. These include corporations, trusts, (4). For a trust, the authorized trustee(s) must sign. The definition unincorporated associations, and other entities (for example, of “officer” for purposes of Part II is different from the definition of partnerships and limited liability companies (LLCs)). officer (see the Glossary) used to determine which officers to report elsewhere on the form and schedules, and from the Item L. Year of formation. Enter the year in which the definition of principal officer for purposes of the Form 990 organization was legally created under state or foreign law. If a heading (see the Glossary). corporation, enter the year of incorporation. Item M. State of legal domicile. For a corporation, enter the Paid Preparer state of incorporation (country of incorporation for a foreign Generally, anyone who is paid to prepare the return must sign corporation formed outside the United States). For a trust or the return, list the preparer taxpayer identification number other entity, enter the state whose law governs the organization's (PTIN), and fill in the other blanks in the Paid Preparer Use Only internal affairs (or the foreign country whose law governs for a area. An employee of the filing organization isn't a paid preparer. foreign organization other than a corporation). The paid preparer must: Part I. Summary • Sign the return in the space provided for the preparer's signature; Because Part I generally reports information reported TIP elsewhere on the form, complete Part I after the other • Enter the preparer information, including the preparer's PTIN; and parts of the form are completed. See General Instructions, Section C, earlier. • Give a copy of the return to the organization. Complete lines 3–5 and 7–22 by using applicable references Any paid preparer can apply for and obtain a PTIN online at made in Part I to other items. IRS.gov/PTIN or by filing Form W-12, IRS Paid Preparer Tax Identification Number (PTIN) Application and Renewal. Line 1. Describe the organization's mission or its most significant activities for the year, whichever the organization Enter the paid preparer's PTIN, not his or her SSN, in the wishes to highlight, on the summary page. ! “PTIN” box in the paid preparer's block. The IRS won't CAUTION redact the paid preparer's SSN if such SSN is entered Line 2. Check this box if the organization answered “Yes” on on the paid preparer's block. Because Form 990 is a publicly Part IV, line 31 or 32, and complete Schedule N (Form 990), Part disclosable document, any information entered in this block will I or Part II. be publicly disclosed (see Appendix D). For more information Line 6. Enter the number of volunteers, full-time and part-time, about applying for a PTIN online, go to IRS.gov/TaxPros. including volunteer members of the organization's governing body, who provided volunteer services to the organization during Note. A paid preparer may sign original or amended returns by the reporting year. Organizations that don't keep track of this rubber stamp, mechanical device, or computer software information in their books and records or report this information program. elsewhere (such as in annual reports or grant proposals) can provide a reasonable estimate, and can use any reasonable Paid Preparer Authorization basis for determining this estimate. Organizations can, but aren't On the last line of Part II, check “Yes” if the IRS can contact the required to, provide an explanation on Schedule O (Form 990) of paid preparer who signed the return to discuss the return. This how this number was determined, the number of hours those authorization applies only to the individual whose signature volunteers served during the tax year, and the types of services appears in the Paid Preparer Use Only section of Form 990. It or benefits provided by the organization's volunteers. doesn’t apply to the firm, if any, shown in that section. Line 7b. If the organization isn't required to file a Form 990-T for the tax year, enter “0.” If the organization hasn't yet filed Form By checking “Yes,” the organization is authorizing the IRS to 990-T for the tax year, provide an estimate of the amount it contact the paid preparer to answer any questions that arise expects to report on Form 990-T, Part I, line 11, when it is filed. during the processing of the return. The organization is also authorizing the paid preparer to: Lines 8–19. If this is an initial return, or if the organization filed • Give the IRS any information missing from the return; Form 990-EZ or 990-PF in the prior year, leave the “Prior Year” • Call the IRS for information about processing the return; and column blank. Use the same lines from the 2022 Form 990 to • Respond to certain IRS notices about math errors, offsets, and return preparation. 10 2023 Instructions for Form 990 |
Page 11 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The organization isn't authorizing the paid preparer to bind facilities). If there were three or fewer of such activities, describe the organization to anything or otherwise represent the each program service activity. The organization can report on organization before the IRS. Schedule O (Form 990) additional activities that it considers of The authorization will automatically end no later than the due comparable or greater importance, although smaller in terms of date (excluding extensions) for filing of the organization's 2024 expenses incurred (such as activities conducted with volunteer Form 990. If the organization wants to expand the paid labor). preparer's authorization or revoke it before it ends, see Pub. 947, Code. For the 2023 tax year, leave this blank. Practice Before the IRS and Power of Attorney. Expenses and grants. For each program service reported on lines 4a–4c, section 501(c)(3) and 501(c)(4) organizations Check “No” if the IRS should contact the organization or its must enter total expenses included on Part IX, line 25, column principal officer listed in item F of the heading on page 1, rather (B), and total grants and allocations (if any) included within such than the paid preparer. total expenses that were reported on Part IX, lines 1–3, column (B). For all other organizations, entering these amounts is Part III. Statement of Program Service optional. Accomplishments Revenue. For each program service, section 501(c)(3) and Check the box in the heading of Part III if Schedule O (Form 990) 501(c)(4) organizations must report any revenue derived directly contains any information pertaining to this part. Part III requires from the activity, such as fees for services or from the sale of reporting regarding the organization's program service goods that directly relate to the listed activity. This revenue accomplishments. A program service is an activity of an includes program service revenue reported on Part VIII, line 2, organization that accomplishes its exempt purpose. Examples of column (A), and includes other amounts reported on Part VIII, program service accomplishments can include: lines 3–11, as related or exempt function revenue. Also include • A section 501(c)(3) organization's charitable activities such as unrelated business income from a business that exploits an a hospital's provision of charity care under its charity care policy, exempt function, such as advertising in a journal. For this a college's provision of higher education to students under a purpose, charitable contributions and grants (including the degree program, a disaster relief organization's provision of charitable contribution portion, if any, of membership dues) grants or assistance to victims of a natural disaster, or a nursing reported on Part VIII, line 1, aren't considered revenue derived home's provision of rehabilitation services to residents; from program services. For organizations other than section • A section 501(c)(5) labor union's conduct of collective 501(c)(3) and 501(c)(4) organizations, entering these amounts is bargaining on behalf of its members; optional. • A section 501(c)(6) business league's conduct of meetings for Description of program services. For each program members to discuss business issues; or service reported, include the following. • A section 501(c)(7) social club's operation of recreational and • Describe program service accomplishments through specific dining facilities for its members. measurements such as clients served, days of care provided, number of sessions or events held, or publications issued. Don't report a fundraising activity as a program service • Describe the activity's objective, for both this time period and accomplishment unless it is substantially related to the the longer-term goal, if the output is intangible, such as in a accomplishment of the organization's exempt purposes (other research activity. than by raising funds). • Give reasonable estimates for any statistical information if Line 1. Describe the organization's mission as articulated in its exact figures aren't readily available. Indicate that this mission statement or as otherwise adopted by the organization's information is estimated. governing body, if applicable. If the organization doesn’t have a • Be clear, concise, and complete in the description. Use mission that has been adopted or ratified by its governing Schedule O (Form 990) if additional space is needed. body, enter “None.” Donated services or use of equipment, materials, or facilities. The organization can report the amount of any Line 2. Answer “Yes” if the organization undertook any new donated services, or use of materials, equipment, or facilities it significant program services prior to the end of the tax year that received or used in connection with a specific program service, it didn’t describe in a prior year's Form 990 or 990-EZ. Describe on the lines for the narrative description of the appropriate these items on Schedule O (Form 990). If any are among the program service. However, don't include these amounts in activities described on Form 990, Part III, line 4, the organization revenue, expenses, or grants reported on Part III, lines 4a–4e, can reference the detailed description on line 4. If the even if prepared according to generally accepted accounting organization has never filed a Form 990 or 990-EZ, answer “No.” principles (GAAP). Line 3. Answer “Yes” if the organization made any significant Public interest law firm. A public interest law firm exempt changes prior to the end of the tax year in how it conducts its under section 501(c)(3) or section 501(c)(4) must include a list of program services to further its exempt purposes, or if the all the cases in litigation or that have been litigated during the organization ceased conducting significant program services year. For each case: that had been conducted in a prior year. Describe these items on • Describe the matter in dispute, Schedule O (Form 990). • Explain how the litigation will benefit the public generally, and • Enter the fees sought and recovered. An organization must report new, significant program See Rev. Proc. 92-59, 1992-2 C.B. 411. TIP services, or significant changes in how it conducts program services on its Form 990, Part III, rather than in Line 4d. Other program services. Enter on Schedule O (Form a letter to IRS Exempt Organizations Determinations (“EO 990) the organization's other program services. The detailed Determinations”). EO Determinations no longer issues letters description required for the three largest program services need confirming the tax-exempt status of organizations that report not be provided for these other program services. Section 501(c) such new services or significant changes. (3) and 501(c)(4) organizations must report on line 4d their total revenues reported on Part VIII, line 2, column (A), and their total Lines 4a–4c. All organizations must describe their expenses (including grants) reported on Part IX, column (B), that accomplishments for each of their three largest program are attributable to these other program services, and must report services, as measured by total expenses incurred (not including on Part III, line 4e, their total program service expenses from Part donated services or the donated use of materials, equipment, or III, lines 4a–4d. For all other organizations, entering these 2023 Instructions for Form 990 11 |
Page 12 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. amounts is optional. The organization may report the Line 5. Answer “Yes” only if the organization is a section 501(c) non-contribution portion of membership dues on line 4d or (4), 501(c)(5), or 501(c)(6) organization that receives allocate that portion among lines 4a–4c. membership dues, assessments, or similar amounts as defined in Rev. Proc. 98-19, 1998-1 C.B. 547. Other organizations Part IV. Checklist of Required answer “No.” Schedules Line 6. Answer “Yes” if the organization maintained at any time For each “Yes” answer to a question on Form 990, Part IV, during the organization's tax year a donor advised fund or complete the applicable schedule (or part or line of the another similar fund or account (that is, any account over which schedule). See the Glossary and instructions for the pertinent the donor or a person appointed by the donor had advisory schedules for definitions of terms and explanations that are privileges over the use or investment of any portion of the relevant to questions in this part. account, but which isn't a donor advised fund). Examples of other similar funds or accounts include, but aren't limited to, the The organization isn't required to answer “Yes” to a question types of funds or accounts described as exceptions to the on Form 990, Part IV, or complete the schedule (or part of a Glossary definition of a donor advised fund. schedule) to which the question is directed if the organization isn't required to provide any information in the schedule (or part Line 7. Answer “Yes” if the organization received or held any of the schedule). Thus, a minimum dollar threshold for reporting conservation easement at any time during the year, regardless information on a schedule may be relevant in determining of how the organization acquired the easement or whether a whether the organization must answer “Yes” on a question on charitable deduction was claimed by a donor of the easement. Form 990, Part IV. Line 8. Answer “Yes” if, at any time during the year, the Line 1. Answer “Yes” if the organization is a section 501(c)(3) organization maintained collections of works of art, historical organization that isn't a private foundation. Answer “Yes” if the treasures, and other similar assets as described in ASC organization claims section 501(c)(3) status but hasn't yet filed a 958-360-45, whether or not the organization reported revenue Form 1023 or Form 1023-EZ application or received a and assets related to such collections in its financial statements. determination letter recognizing its section 501(c)(3) status. All Organizations that answer “Yes” on line 8 will often other organizations answer “No.” TIP answer “Yes” on Part IV, line 30, which addresses Line 2. Answer “Yes” if any of the following are satisfied. current-year noncash contributions of such items. • A section 501(c)(3) organization met the 33 / % support test 1 3 of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi); Line 9. Answer “Yes” if, at any time during the organization's tax checks the box on Schedule A (Form 990), Part II, line 13, 16a, year, the organization (1) had an escrow or custodial account; or 16b; and received from any one contributor, during the year, (2) provided credit counseling services and/or debt contributions of the greater of $5,000 (in money or property) or management plan services, such as credit repair or debt 2% of the amount on Form 990, Part VIII, line 1h. An organization negotiations; or (3) acted as an agent, trustee, custodian, or filing Schedule B (Form 990) can limit the contributors it reports other intermediary for contributions or other assets not included on Schedule B (Form 990) using this greater-than-$5,000/2% in Part X. threshold only if it checks the box on Schedule A (Form 990), Line 10. Answer “Yes” if the organization, a related Part II, line 13, 16a, or 16b. organization, or an organization formed and maintained • A section 501(c)(3) organization didn’t meet the 33 / % 1 3 exclusively to further one or more exempt purposes of the support test of the regulations under sections 509(a)(1) and organization (such as a foundation formed and maintained 170(b)(1)(A)(vi), and received during the year contributions of exclusively to hold endowment funds to provide scholarships $5,000 or more from any one contributor. and other funds for a college or university described within • A section 501(c)(7), 501(c)(8), or 501(c)(10) organization section 501(c)(3)) held assets in donor-restricted endowment received, during the year, (a) contributions of any amount for funds board designated (quasi), , or endowment funds at any use exclusively for religious, charitable, scientific, literary, or time during the year, whether or not the organization follows ASC educational purposes, or for the prevention of cruelty to children 958, or reports endowment funds in Part X, line 31. See the or animals; or (b) contributions of $5,000 or more not exclusively instructions for Schedule D (Form 990), Part V, for the definitions for such purposes from any one contributor. of these types of endowment funds. • Any other organization that received, during the year, contributions of $5,000 or more from any one contributor. Line 11. Answer “Yes” if the organization reported an amount for land, buildings, equipment, or leasehold improvements on Part Don't attach substitutes for Schedule B (Form 990). X, line 10; an amount for other liabilities on Part X, line 25; or if its CAUTION! financial statements for the tax year included a footnote that addresses its liability for uncertain tax positions under FIN 48 Line 3. All organizations must answer this question, even if they (FASB ASC 740) (including a statement that the organization aren't subject to a prohibition against political campaign had no liability for uncertain tax positions). Also, answer “Yes” if activities. Answer “Yes” whether the activity was conducted the organization reported in Part X an amount for directly or indirectly through a disregarded entity or a joint investments-other securities, investments-program related, or venture or other arrangement treated as a partnership for other assets, on any of line 12,13, or 15, that is 5% or more of federal income tax purposes and in which the organization is an the total assets reported on Part X, line 16. owner. Line 12a. Answer “Yes” if the organization received separate, Line 4. Complete only if the organization is a section 501(c)(3) independent audited financial statements for the year for organization. Other organizations leave this line blank. Answer which it is completing this return, or if the organization is “Yes” if the organization engaged in lobbying activities or had a reporting for a short year that is included in, but not identical to, section 501(h) election in effect during the tax year. All section the period for which the audited financial statements were 501(c)(3) organizations that had a section 501(h) election in obtained. All other organizations answer “No.” Answer “No” if the effect during the tax year must complete Schedule C (Form 990), organization was included in consolidated audited financial Part II-A, whether or not they engaged in lobbying activities statements, unless the organization also received separate during the tax year. audited financial statements. 12 2023 Instructions for Form 990 |
Page 13 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An accountant's compilation or review of financial Line 20a. Answer “Yes” if the organization, directly or indirectly statements isn't considered to be an audit and doesn't produce through a disregarded entity or joint venture treated as a audited financial statements. If the organization answers “No,” partnership for federal income tax purposes, operated one or but has prepared, for the year for which it is completing this more hospital facilities at any time during the tax year. Except return, a financial statement that wasn't audited, the organization in the case of a group return, don't include hospital facilities can (but isn't required to) provide the reconciliations contained operated by another organization that is treated as a separate on Schedule D (Form 990), Parts XI–XII. taxable or tax-exempt corporation for federal income tax Line 12b. Answer “Yes” if the organization was included in purposes. For group returns, answer “Yes” if any subordinate consolidated, independent audited financial statements for included in the group return operated such a hospital facility. the year for which it is completing this return. All other Line 20b. If the organization operated one or more hospital organizations answer “No.” Answer “Yes” if the organization is facilities at any time during the tax year, then it must attach a reporting for a short year that is included in, but not identical to, copy of its most recent audited financial statements. If the the period for which the audited financial statements were organization was included in consolidated audited financial obtained. statements but not separate audited financial statements for the Line 13. Answer “Yes” if the organization checked the box on tax year, then it must attach a copy of the consolidated financial Schedule A (Form 990), Part I, line 2, indicating that it is a statements, including details of consolidation (whether or not school. audited). Lines 14a–14b. Answer “Yes” on line 14a if the organization Line 21. Answer “Yes” if the organization reported on Part IX, maintained an office, or had employees or agents, or line 1, column (A), more than $5,000 of grants and other independent contractors outside the United States. Answer assistance to any domestic organization, or to any domestic “Yes” on line 14b if the organization had aggregate revenue or government. For instance, answer “No” if the organization made expenses of more than $10,000 from or attributable to a $4,000 grant to each of two domestic organizations and no grantmaking, fundraising activities, business, investment, and other grants. Don't report grants or other assistance provided to program service activities outside the United States, or if the domestic organizations or domestic governments for the book value of the organization's aggregate investments in foreign purpose of providing grants or other assistance to designated partnerships, foreign corporations, and other foreign entities was foreign organizations or foreign individuals. $100,000 or more at any time during the tax year. Section 501(c)(21) trusts. Use Schedule I (Form 990), In the case of indirect investments made through investment Grants and Other Assistance to Organizations, Governments, entities, the extent to which revenue or expenses are taken into and Individuals in the United States, to report amounts over account in determining whether the $10,000 threshold is $5,000 paid by the trust (1) to the Federal Black Lung Disability exceeded will depend upon whether the investment entity is Trust Fund pursuant to section 3(b)(3) of Public Law 95-227, or treated as a partnership or corporation for U.S. tax purposes. For (2) for insurance exclusively covering liabilities under sections example, an organization with an interest in a foreign partnership 501(c)(21)(A)(i)(I) and 501(c)(21)(A)(i)(IV). For details, see would need to take into account its share of the partnership's Regulations section 1.501(c)(21)-1(d). revenue and expenses in determining whether the $10,000 Line 22. Answer “Yes” if the organization reported on Part IX, threshold is exceeded. An organization with an investment in a line 2, column (A), more than $5,000 of aggregate grants and foreign corporation would need to take into account dividends it other assistance to or for domestic individuals. Don't report receives from the corporation, but wouldn't need to take into grants or other assistance provided to or for domestic individuals account or report any portion of the revenues, expenses, or for the purpose of providing grants or other assistance to expenditures of a foreign corporation in which it holds an designated foreign organizations or foreign individuals. investment, provided that the corporation is treated as a Section 501(c)(21) trusts. Use Schedule I (Form 990) to separate corporation for U.S. tax purposes. report amounts over $5,000 paid by the black lung trust to or for Line 15. Answer “Yes” if the organization reported on Part IX, the benefit of miners or their beneficiaries other than amounts line 3, column (A), more than $5,000 of grants and other included on line 21. Such payments could include direct assistance to any foreign organization or entity (including a payment of medical bills, etc., authorized by the Act and foreign government), or to a domestic organization or accident and health benefits for retired miners and their spouses domestic individual for the purpose of providing grants or other and dependents. assistance to a designated foreign organization or Line 23. Answer “Yes” if the organization: organizations. • Listed in Part VII a former officer director trustee key , , , Line 16. Answer “Yes” if the organization reported on Part IX, employee, or highest compensated employee; or line 3, column (A), more than $5,000 of aggregate grants and • Reported for any person listed in Part VII more than $150,000 other assistance to foreign individuals, or to domestic of reportable compensation and other compensation. organizations or domestic individuals for the purpose of Also answer “Yes” if, under the circumstances described in providing grants or other assistance to a designated foreign the instructions for Part VII, Section A, line 5, the filing individual or individuals. organization had knowledge that any person listed in Part VII, Section A, received or accrued compensation from an Lines 17–18. Answer “Yes” on line 17 if the total amount reported for professional fundraising services in Part IX unrelated organization for services rendered to the filing organization. (line 11e, plus the portion of the line 6 amount attributable to professional fundraising services) exceeds $15,000. Line 24. Lines 24a–24d involve questions regarding Answer “Yes” on line 18 if the sum of the amounts reported on tax-exempt bonds. All organizations must answer “Yes” or “No” lines 1c and 8a of Form 990, Part VIII, exceeds $15,000. An on line 24a. Those organizations that answer “Yes” on line 24a organization that answers “No” should consider whether to must also answer lines 24b through 24d and complete complete Schedule G (Form 990) in order to report its Schedule K (Form 990), Supplemental Information on fundraising activities or gaming activities for state or other Tax-Exempt Bonds. Those that answer “No” to line 24a can skip reporting purposes. to line 25a. 2023 Instructions for Form 990 13 |
Page 14 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 24a. Answer “Yes” and complete Schedule K (Form 990) these questions. The organization should review carefully the for each tax-exempt bond issued by or for the benefit of the instructions for Schedule L (Form 990), Parts II–IV, before organization after December 31, 2002, (including refunding answering these questions and completing Schedule L (Form bonds) with an outstanding principal amount of more than 990). $100,000 as of the last day of the organization's tax year. For this Line 29. The organization is required to answer “Yes” on line 29 purpose, bonds that have been legally defeased, and as a result if it received during the year more than $25,000 in fair market are no longer treated as a liability of the organization, aren't value (FMV) of donations, gifts, grants, or other contributions considered outstanding. of property other than cash, regardless of the manner received Line 24b. For purposes of line 24b, the organization need not (such as for use in a charity auction). Don't include include the following as investments of proceeds. contributions of services or use of facilities. • Any investment of proceeds relating to a reasonably required reserve or replacement fund as described in section 148(d). Line 30. The organization is required to answer “Yes” on line 30 • Any investment of proceeds properly characterized as if during the year it received as a donation, gift, grant, or other replacement proceeds as defined in Regulations section contribution: 1.148-1(c). • Any work of art historical treasure, , historical artifact, • Any investment of net proceeds relating to a refunding scientific specimen, archaeological artifact, or similar asset, escrow as defined in Regulations section 1.148-1(b). including a fractional interest, regardless of amount or whether Temporary period exceptions are described in section 148(c) the organization maintains collections of such items; or and Regulations section 1.148-2(e). For example, there is a • Any qualified conservation contributions regardless of 3-year temporary period applicable to proceeds spent on whether the contributor claimed a charitable contribution expenditures for capital projects and a 13-month temporary deduction for such contribution. period applicable to proceeds spent on working capital expenditures. See the instructions for Schedule M (Form 990), Noncash Line 24c. For purposes of line 24c, the organization is treated Contributions, for definitions of these terms. as maintaining an escrow account if such account is maintained Lines 31–32. The organization must answer “Yes” if it by a trustee for tax-exempt bonds issued for the benefit of the liquidated, terminated, dissolved, ceased operations, or organization. engaged in a significant disposition of net assets during the Line 24d. Answer “Yes” if the organization has received a year. See the instructions for Schedule N (Form 990) for letter ruling that its obligations were issued on behalf of a state or definitions and explanations of these terms and transactions or local governmental unit; meets the conditions for issuing events, and a description of articles of dissolution and other tax-exempt bonds as set forth in Rev. Rul. 63-20, 1963-1 C.B. information that must be filed with Form 990. 24 (see Rev. Proc. 82-26, 1982-1 C.B. 476); or is a constituted Note that a significant disposition of net assets may result authority organized by a state or local governmental unit to issue from either an expansion or contraction of operations. tax-exempt bonds in order to further public purposes (see Rev. Organizations that answer “Yes” on either of these questions Rul. 57-187, 1957-1 C.B. 65). Also answer “Yes” if the must also check the box in Part I, line 2, and complete organization has outstanding qualified scholarship funding Schedule N (Form 990), Part I or Part II. bonds under section 150(d) or bonds of a qualified volunteer fire department under section 150(e). Lines 33–34. The organization is required to report on Schedule R (Form 990) certain information regarding ownership Lines 25a–25b. Complete lines 25a and 25b only if the or control of, and transactions with, its disregarded entities and organization is a section 501(c)(3), 501(c)(4), or 501(c)(29) tax-exempt and taxable related organizations. An organization organization. If the organization isn't described in section 501(c) that answers “Yes” on line 33 or 34 must enter its disregarded (3), 501(c)(4), or 501(c)(29), skip lines 25a and 25b and leave entities and related organizations on Schedule R (Form 990) and them blank. On line 25b, answer “Yes” if the organization provide specified information regarding such organizations. became aware, prior to filing this return, that it engaged in an excess benefit transaction with a disqualified person in a Report disregarded entities on Schedule R (Form 990), Part I; prior year, and if the transaction hasn’t been reported on any of related tax-exempt organizations on Part II; related organizations the organization’s prior Forms 990 or 990-EZ. taxable as partnerships on Part III; and any related organizations taxable as C or S corporations or trusts on Part IV. An excess benefit transaction can have serious TIP implications for the disqualified person that entered Lines 35a–35b. If an organization was a controlled entity of into the transaction with the organization, any the filing organization under section 512(b)(13) during the tax organization managers that knowingly approved of the year, the filing organization must answer “Yes” on line 35a. It transaction, and the organization itself. A section 501(c)(3), must answer “Yes” on line 35b and complete Schedule R (Form 501(c)(4), or 501(c)(29) organization that becomes aware that it 990), Part V, line 2, if it either (1) received or accrued from its may have engaged in an excess benefit transaction should controlled entity any interest, annuities, royalties, or rent, obtain competent advice regarding section 4958, pursue regardless of amount, during the tax year; or (2) engaged in correction of any excess benefit, and take other appropriate another type of transaction (see Schedule R (Form 990) for a list steps to protect its interests with regard to such transaction and of transactions) with the controlled entity, if the amounts involved the potential impact it could have on the organization's continued during the tax year for that type of transaction exceeded exempt status. See Appendix G, later, for a discussion of section $50,000. See the Glossary and the Instructions for Schedule R 4958; Schedule L (Form 990), Part I; and Form 4720, Schedule I, (Form 990). regarding reporting of excess benefit transactions. Controlled entities are a subset of related organizations. Answer “No” to line 35a if the organization had no related Lines 26–28. Lines 26 through 28 ask questions about loans organizations during the tax year. If the answer to line 35a is and other receivables and payables between the organization “No,” leave line 35b blank. and certain interested persons, and certain direct and indirect business transactions between the organization and governance Line 36. Complete line 36 only if the organization is a section and management officials of the organization or their associated 501(c)(3) organization and engaged in a transaction over businesses or family members. All organizations must answer $50,000 during the tax year with a related organization that was tax exempt under a section other than section 501(c)(3). All 14 2023 Instructions for Form 990 |
Page 15 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. other organizations leave this line blank and go to line 37. See agents of the filing organization, including common paymasters the Instructions for Schedule R (Form 990) for more information and payroll agents, for the calendar year ending with or within on what needs to be reported on Schedule R (Form 990), Part V, the organization's tax year. Enter -0- if the organization didn't file line 2. any such forms for the calendar year ending with or within its tax year, or if the organization is filing for a short year and no Line 37. Answer “Yes” if, at any time during the year, the calendar year ended within its tax year. organization conducted more than 5% of its activities, measured by total gross revenue for the tax year or total assets of the Line 1b. Form W-2G pertains to certain gambling winnings. organization at the end of its tax year, whichever is greater, Line 1c. For more information on backup withholding for through an unrelated organization that is treated as a missing or incorrect names or taxpayer identification numbers, partnership for federal income tax purposes, and in which the see Pub. 1281, Backup Withholding for Missing and Incorrect organization was a partner or member at any time during the tax Name/TIN(s). If backup withholding rules didn't apply to the year. The 5% test is applied on a partnership-by-partnership organization because it didn't make a reportable payment to a basis, although direct ownership by the organization and indirect vendor or provide reportable gaming (gambling) winnings to a ownership through disregarded entities or tiered entities treated prize winner, then leave line 1c blank. as partnerships are aggregated for this purpose. The organization need not report on Schedule R (Form 990), Part VI, Line 2a. Include on this line the number of the organization's either (1) the conduct of activities through an organization employees (not the number of Forms W-2) reported on a Form treated as a taxable or tax-exempt corporation for federal income W-3, Transmittal of Wage and Tax Statements, by both the filing tax purposes, or (2) unrelated partnerships that meet both of the organization and reporting agents of the filing organization, following conditions. including common paymasters and payroll agents, for the • 95% or more of the filing organization's gross revenue from calendar year ending with or within the filing organization's tax the partnership for the partnership's tax year ending with or year. Enter -0- if the organization didn't have any employees within the organization's tax year is described in sections 512(b) during the calendar year ending with or within its tax year, or if (1), 512(b)(2), 512(b)(3), and 512(b)(5), such as interest, the organization is filing for a short year and no calendar year dividends, royalties, rents, and capital gains (including unrelated ended within its tax year. debt-financed income). Line 2b. If the organization reported at least one employee on • The primary purpose of the filing organization's investment in line 2a, answer whether the organization or reporting agents of the partnership is the production of income or appreciation of the organization filed all required federal employment tax returns property and not the conduct of a section 501(c)(3) charitable (which include Form 940, Employer's Annual Federal activity such as program-related investing. Unemployment (FUTA) Tax Return; and Form 941, Employer's Line 38. Answer “Yes” if the organization completed QUARTERLY Federal Tax Return) relating to such employees. Schedule O (Form 990). For more information, see the discussion of employment taxes in Pub. 557. The organization may leave line 2b blank if it didn't Schedule O (Form 990) must be completed and filed by report any employees on line 2a. TIP all organizations that file Form 990. All filers must provide narrative responses to certain questions (for Line 3a. Check “Yes” on line 3a if the organization's total gross example, Part VI, lines 11b and 19) on Schedule O (Form 990). income from all of its unrelated trades or businesses is Certain filers must provide narrative responses to other $1,000 or more for the tax year. See Pub. 598, Tax on Unrelated questions (for example, Part III, line 4d; Part V, line 3b; Part VI, Business Income of Exempt Organizations, for a description of lines 2–7b, 9, 12c, and 15a–b, for “Yes” responses; Part VI, lines unrelated business income and the Form 990-T filing 8a–b and 10b, for “No” responses; and Part XII, line 3b, for a requirements for organizations having such income. “No” response). All filers can supplement their answers to other Neither Form 990-T nor Form 990 is a substitute for the Form 990 questions on Schedule O (Form 990). ! other. Report on Form 990 items of income and expense CAUTION that are also required to be reported on Form 990-T Part V. Statements Regarding Other when the organization is required to file both forms. IRS Filings and Tax Compliance Line 3b. Answer “Yes” if the organization checked “Yes” on Check the box in the heading of Part V if Schedule O (Form 990) line 3a and filed Form 990-T by the time this Form 990 is filed. contains any information pertaining to this part. Check “No” if the organization answered “Yes” on line 3a but See the Glossary for definitions of terms used in the hasn’t filed Form 990-T by the time this Form 990 is filed, even if TIP questions in this section. the organization has applied for an extension to file Form 990-T. If “No” on line 3b, provide an explanation on Schedule O (Form 990). Some questions in this part pertain to other IRS forms. TIP Forms are available by downloading from the IRS All tax-exempt organizations must pay estimated taxes website at IRS.gov/OrderForms. Also see Appendix H. ! for their unrelated business income if they expect their Forms and Publications To File or Use. CAUTION tax liability to be $500 or more. Line 1a. The organization must use Form 1096, Annual Line 4a. Answer “Yes” if either (1) or (2) below applies. Summary and Transmittal of U.S. Information Returns, to 1. At any time during the calendar year ending with or within transmit to the IRS paper Forms 1099, 1098, 5498, and W-2G, the organization's tax year, the organization had an interest in, which are information returns reporting certain amounts paid or or signature or other authority over, a financial account in a received by the organization. Report all such returns filed for the foreign country (such as a bank account, securities account, or calendar year ending with or within the organization's tax year. If other financial account); and the organization transmits any of these forms electronically, add a. The combined value of all such accounts was more than this number to the total reported. Examples of payments $10,000 at any time during the calendar year; and requiring Form 1099 reporting include certain payments to b. The accounts weren't with a U.S. military banking facility independent contractors for services rendered. Report on this operated by a U.S. financial institution. line Forms 1099, 1098, 5498, and W-2G filed by reporting 2023 Instructions for Form 990 15 |
Page 16 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. The organization owns more than 50% of the stock in any Example. A donor gives a charity $100 in consideration for a corporation that would answer “Yes” to item 1 above. concert ticket valued at $40 (a quid pro quo contribution). In this example, $60 would be deductible. Because the donor's If “Yes,” electronically file FinCEN Form 114, Report of Foreign payment exceeds $75, the organization must furnish a Bank and Financial Accounts (FBAR), with the Department of disclosure statement even though the taxpayer's deductible the Treasury using FinCEN's BSA E-Filing System. Because amount doesn't exceed $75. Separate payments of $75 or less FinCEN Form 114 isn't a tax form, don't file it with Form 990. made at different times of the year for separate fundraising See FINCEN.gov for more information. events won't be aggregated for purposes of the $75 threshold. Line 4b. Enter the name of each foreign country in which a See section 6113 and Notice 88-120, 1988-2 C.B. 454. foreign account described on line 4a is located. Use Schedule O TIP (Form 990) if more space is needed. Line 5. Answer “Yes” on line 5a if the organization was party to a Lines 7c and 7d. If the organization is required to file Form prohibited tax shelter transaction as described in section 8282, Donee Information Return, to report information to the IRS 4965(e) at any time during the organization's tax year. A and to donors about dispositions of certain donated property prohibited tax shelter transaction is any listed transaction, within made within 3 years after the donor contributed the property, it the meaning of section 6707A(c)(2), and any prohibited must answer “Yes” and indicate the number of Forms 8282 filed. reportable transaction. A prohibited reportable transaction is a Lines 7e and 7f. If, in connection with a transfer to or for the confidential transaction within the meaning of Regulations use of the organization, the organization directly or indirectly section 1.6011-4(b)(3), and a transaction with contractual pays premiums on any personal benefit contract, or there is an protection within the meaning of Regulations section 1.6011-4(b) understanding or expectation that any person will directly or (4). For more information on prohibited tax shelter transactions, indirectly pay such premiums, the organization must report on go to IRS.gov. Form 8870, Information Return for Transfers Associated With An organization that files Form 990 (other than a section 527 Certain Personal Benefit Contracts, the premiums it paid, and political organization) and that is a party to a prohibited tax the premiums paid by others but treated as paid by the shelter transaction must file Form 8886-T, Disclosure by organization. The organization must report and pay an excise Tax-Exempt Entity Regarding Prohibited Tax Shelter Transaction, tax, equal to premiums paid, on Form 4720. A personal benefit and may also have to file Form 4720, Return of Certain Excise contract is generally any life insurance, annuity, or endowment Taxes Under Chapters 41 and 42 of the Internal Revenue Code, contract that benefits, directly or indirectly, the transferor, a and pay an excise tax imposed by section 4965. For more member of the transferor's family, or any other person information, see the instructions for Forms 8886-T and 4720. designated by the transferor (other than an organization described in section 170(c)). Line 6. Answer “Yes” on line 6a only if the organization has Line 7g. Form 8899, Notice of Income From Donated annual gross receipts that are normally greater than $100,000 Intellectual Property, must be filed by certain organizations that and if it solicited contributions not deductible under section 170 received a charitable gift of qualified intellectual property that during the tax year. produces net income. The organization should check “Yes” if it Any fundraising solicitation (including solicitation of member provided all required Forms 8899 for the year for net income dues) by or on behalf of any section 501(c) or 527 organization produced by donated qualified intellectual property. Qualified that isn't eligible to receive contributions deductible as intellectual property is any patent, copyright (other than certain charitable contributions for federal income tax purposes must self-created copyrights), trademark, trade name, trade secret, include an explicit statement that contributions or gifts to it aren't know-how, software (other than certain “canned” or deductible as charitable contributions. The statement must be in “off-the-shelf” software or self-created software), or similar an easily recognizable format whether the solicitation is made in property, or applications or registrations of such property. If the written or printed form, by television or radio, or by telephone. organization didn't receive a contribution of qualified intellectual Failure to disclose that contributions aren't deductible could property, leave line 7g blank. result in a penalty of $1,000 for each day on which a failure Line 7h. A donor of (1) a motor vehicle for use on public occurs. The maximum penalty for failures by any organization, roads, (2) a boat, or (3) an airplane can't claim a charitable during any calendar year, shall not exceed $10,000. See section contribution deduction in excess of $500 unless the donee 6710 for details. In cases where the failure to make the organization provides the donor with a Form 1098-C, disclosure is due to intentional disregard of the law, more severe Contributions of Motor Vehicles, Boats, and Airplanes, for the penalties apply. No penalty will be imposed if the failure is due to donation (or a written acknowledgment with the same reasonable cause. information). See the instructions for Form 1098-C for more information. If the organization didn't receive a contribution of a All organizations that qualify under section 170(c) to receive car, boat, airplane, or other vehicle, leave line 7h blank. contributions that are deductible as charitable contributions for federal income tax purposes (such as domestic section 501(c) Line 8. A sponsoring organization of a donor advised fund (3) organizations other than organizations that test for public must answer “Yes” if any one of its donor advised funds had safety) should answer “No” on line 6a. excess business holdings at any time during the organization's tax year. All other organizations should leave this line blank and Line 7. Line 7 is directed only to organizations that can receive go to line 9. If “Yes,” see the instructions for Schedule C of Form deductible charitable contributions under section 170(c). See 4720 to determine whether the organization is subject to the Pub. 526, Charitable Contributions, for a description of such excess business holdings tax under section 4943 and is required organizations. All other organizations should leave lines 7a to file Form 4720. through 7h blank and go to line 8. For purposes of the excise tax on excess business holdings Lines 7a and 7b. If a donor makes a payment in excess of under section 4943, a donor advised fund is treated as a private $75 partly as a contribution and partly in consideration for goods foundation. or services provided by the organization, the organization must generally notify the donor of the value of goods and services Line 9. Line 9 is required to be completed by sponsoring provided. organizations maintaining a donor advised fund. All other organizations can leave this line blank and go to line 10. 16 2023 Instructions for Form 990 |
Page 17 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 9a. Answer “Yes” if the organization made any taxable Line 10a. Enter the amount of initiation fees, capital distributions under section 4966 during the organization's tax contributions, and unusual amounts of income included in Part year. If “Yes,” complete and file Form 4720, Schedule K, to VIII. Statement of Revenue, line 12, Total revenue, but not calculate and pay the tax. included in the definition of gross receipts for section 501(c)(7) Under section 4966, a taxable distribution includes a exemption purposes as discussed in Appendix C. However, if the distribution from a donor advised fund to an individual. A organization is a college fraternity or sorority that charges taxable distribution also includes a distribution from a donor membership initiation fees but not annual dues, don't include advised fund to an estate, partnership, association, company, or such initiation fees. corporation unless: Line 10b. Enter the amount of gross receipts included in • The distribution is for a charitable purpose (for example, a Part VIII. Statement of Revenue, line 12, Total Revenue, derived purpose described in section 170(c)(2)(B)), and from the general public for use of the organization's facilities, that • The organization exercises expenditure responsibility for the is, from persons other than members or their spouses, distribution. dependents, or guests. The above doesn't apply to distributions to any organization Include the amount entered on line 10b of Form 990 on described in section 170(b)(1)(A) (other than a disqualified TIP the club's Form 990-T if required to be filed. Investment supporting organization, defined in section 4966(d)(4)), to the income earned by a section 501(c)(7) organization isn't sponsoring organization of such donor advised fund, or to any tax-exempt income unless set aside for the following purposes: other donor advised fund. religious, charitable, scientific, literary, educational, or prevention Line 9b. Answer “Yes” if the organization made a distribution of cruelty to children or animals. from a donor advised fund to a donor, donor advisor, or related person during the organization's tax year. For purposes If the combined amount of an organization's gross investment of this question, a related person is any family member of the income, and other gross income from unrelated trades or donor or donor advisor and any 35% controlled entity (as businesses, is $1,000 or more for the tax year, the organization defined in section 4958(f)) of the donor or donor advisor. If “Yes,” must report the investment income, and other unrelated complete and file Form 4720 , Schedule L (Form 990). business income, on Form 990-T. If an organization makes a distribution from a Line 11. Answer lines 11a and 11b only if the organization is ! donor advised fund resulting from the advice of a exempt under section 501(c)(12). CAUTION donor, donor advisor, family member, or 35% One of the requirements that an organization must meet to controlled entity of any of these persons, which qualify under section 501(c)(12) is that at least 85% of its gross distribution directly or indirectly provides a more than income consists of amounts collected from members for the sole incidental benefit to one of such persons, section 4967 purpose of meeting losses and expenses. For purposes of imposes a tax on (1) the person upon whose advice the section 501(c)(12), the term “gross income” means gross distribution was made, (2) the beneficiary of the receipts without reduction for any cost of goods sold. distribution, and (3) the fund manager for knowingly agreeing to make the distribution. The persons liable for Member income for purposes of this 85% Member Income the section 4967 tax must file Form 4720 to pay the tax. No Test is income derived directly from the members to pay for section 4967 tax will be imposed on a distribution if a tax services that form the basis for tax exemption under section has been imposed for the distribution under section 4958. 501(c)(12), and includes payments for purchases of water, electricity, and telephone service. Member income doesn't If an organization makes a distribution from a donor include interest income, gains from asset or security sales, or advised fund to a donor, donor advisor, family member, or dividends from another cooperative (unless that cooperative is 35% controlled entity of these persons, then the also a member). transaction might be a section 4958 transaction. Such Members are those individuals or entities that have the right transactions include any grant, loan, compensation, or to elect the governing board of the organization, are involved in other similar payment to these persons, as well as any the operations of the organization, and receive a share of its other payment resulting in excess benefit. excess operating revenues. When calculating the member income percentage to Line 10. Answer lines 10a and 10b only if the organization is determine whether an organization meets the 85% Member exempt under section 501(c)(7). Income Test, the organization may exclude specific sources of A section 501(c)(7) organization isn't exempt from income from both the numerator and the denominator of the TIP income tax if any written policy statement, including the fraction. For example, if an organization is a corporation and it governing instrument and bylaws, allows discrimination receives an amount that qualifies as a contribution to capital on the basis of race, color, or religion. under section 118, then that amount isn't included in either the numerator or the denominator because it isn't considered to be However, section 501(i) allows social clubs to retain their income for tax purposes. However, the payment must meet the exemption under section 501(c)(7) even though their following conditions (see Rev. Rul. 93-16, 1993-1 C.B. 26) to membership is limited (in writing) to members of a particular qualify as a contribution to capital. religion if the social club: • It must become a permanent part of the organization’s 1. Is an auxiliary of a fraternal beneficiary society exempt working capital. under section 501(c)(8); and • It must not be compensation for specific quantifiable services. • It must be bargained for. 2. Limits its membership to the members of a particular • It must benefit the organization commensurately with its value. religion, or the membership limitation is: • It must ordinarily be used in or contribute to the production of a. A good-faith attempt to further the teachings or principles additional income. of that religion, and Gross income for mutual or cooperative electric companies is b. Not intended to exclude individuals of a particular race or figured by excluding any income received or accrued from the color. following. 1. Qualified pole rentals. 2023 Instructions for Form 990 17 |
Page 18 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 2. Any provision or sale of electric energy transmission Line 13a. If the organization is licensed to issue qualified services or ancillary services if the services are provided on a health plans in more than one state, check “Yes.” If the nondiscriminatory, open-access basis under an open-access organization is licensed to issue qualified health plans in only transmission tariff; approved or accepted by the Federal Energy one state, check “No.” In either case, report on Schedule O Regulatory Commission (FERC) or under an independent (Form 990) each state in which the organization is licensed to transmission provider agreement approved or accepted by issue qualified health plans, the dollar amount of reserves each FERC (other than income received or accrued directly or state requires the organization to maintain, and the dollar indirectly from a member). amount of reserves the organization maintains and reports to 3. The provision or sale of electric energy distribution each state. services or ancillary services, if the services are provided on a Line 13b. Report the highest dollar amount of reserves the nondiscriminatory, open-access basis to distribute electric organization is required to maintain by any of the states in which energy not owned by the mutual or electric cooperative the organization is licensed to issue qualified health plans. company: Line 13c. Report the highest dollar amount of reserves the a. To end-users who are served by distribution facilities not organization maintains on hand and reports to a state in which owned by the company or any of its members (other than income the organization is licensed to issue qualified health plans. received or accrued directly or indirectly from a member), or Line 14a. Answer “Yes” on line 14a if the organization received any payments during the year for indoor tanning b. Generated by a generation facility not owned or leased by services. “Indoor tanning services” are services employing any the company or any of its members and which is directly electronic product designed to incorporate one or more connected to distribution facilities owned by such company or ultraviolet lamps and intended for the irradiation of an individual any of its members (other than income received or accrued by ultraviolet radiation, with wavelengths in air between 200 and directly or indirectly from a member). 400 nanometers, to induce skin tanning. 4. From any nuclear decommissioning transaction. Line 14b. If an organization received a payment for services 5. From any asset exchange or conversion transaction. for indoor tanning services during the year, it must collect from the recipient of the services a tax equal to 10% of the amount For a mutual or cooperative telephone company, gross paid for such service, whether paid by insurance or otherwise, income doesn't include amounts received or accrued either from and remit such tax quarterly to the IRS by filing Form 720, another telephone company for completing long distance calls to Quarterly Federal Excise Tax Return. If the organization filed or from or between the telephone company's members, from Form 720 during the year, it should check “Yes” on line 14b. If it qualified pole rentals, from the sale of display listings in a answers “No” on line 14b, it should explain on Schedule O (Form directory furnished to the telephone company's members, or 990) why it didn't file Form 720. from prepayment of a loan under section 306A, section 306B, or Line 15. See the instructions for Form 4720, Schedule N, to section 311 of the Rural Electrification Act of 1936 (as in effect determine if you paid to any covered employee more than $1 on January 1, 1987). million in remuneration or paid an excess parachute payment If the calculated member income percentage for a during the year. Remuneration paid to a covered employee TIP section 501(c)(12) organization is less than 85% for the includes any remuneration paid by a related organization. tax year, then the organization fails to qualify for Line 16. Line 16 applies to private colleges and universities tax-exempt status for that year, and it must file Form 1120, U.S. subject to the excise tax on net investment income under section Corporation Income Tax Return, in lieu of Form 990 or 990-EZ for 4968. All other organizations, including state colleges and the year. However, failing the 85% Member Income Test in one universities described in the first sentence of section 511(a)(2) year doesn't cause permanent loss of tax-exempt status under (B), aren’t subject to this tax, and therefore check the “No” box section 501(c)(12). So long as the organization's member on line 16, and go to Part VI. A private college or university will income percentage is equal to or greater than 85% in any be subject to the excise tax on net investment income under subsequent tax year, the organization may file Form 990 or section 4968 only if four threshold tests are met. 990-EZ for that year, even if Form 1120 was filed in a prior year. 1. The organization must be an eligible educational institution as defined in section 25A(f)(2). Section 25A(f)(2) Line 12. All organizations that aren't section 4947(a)(1) trusts defines “eligible educational institution” as an institution that is are to leave line 12 blank. described in section 481 of the Higher Education Act of 1965 (20 If a section 4947(a)(1) nonexempt charitable trust has no U.S.C. 1088), as in effect on August 5, 1997, and is eligible to taxable income under subtitle A, its filing of Form 990 can be participate in a program under title IV of such Act (20 USCS used to meet its income tax return filing requirement under sections 1070 et seq.). section 6012. Such a trust must, if it answers “Yes” on line 12a, 2. The organization must have had at least 500 report its tax-exempt interest received or accrued (if reporting tuition-paying students, based upon a daily average student under the accrual method) during the tax year on line 12b. count, during the preceding tax year. Section 4947(a)(1) trusts must complete all sections of the 3. More than 50% of those students must have been located Form 990 and schedules that section 501(c)(3) organizations in the United States. must complete. All references to a section 501(c)(3) organization 4. The aggregate FMV, at the end of the preceding tax year, on the Form 990, schedules, and instructions shall include a of the assets not used directly in carrying out the organization’s section 4947(a)(1) trust (for instance, such a trust must complete exempt purpose, held by the organization and related Schedule A (Form 990), unless expressly excepted). organizations, must be at least $500,000 per student. Line 13. Answer lines 13a, 13b, and 13c only if the organization Use the worksheet below to determine whether the has received a loan or grant under the Department of Health and organization meets the last three threshold tests above. Save Human Services CO-OP program. this worksheet with the organization’s records. 18 2023 Instructions for Form 990 |
Page 19 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Threshold Tests for Section 4968 1. Enter the daily average number of FTE tuition-paying students in all locations. If fewer than 500, check “No” on line 16. If 500 or more, go to line 2. 2. Enter the daily average number of FTE tuition-paying students in the United States. 3. Divide line 2 by line 1. If 50% or less, check “No” on line 16. If greater than 50%, go to line 4. 4. Enter the FMV of assets held by the organization but not used directly in carrying out the $ organization’s exempt purpose. 5. Enter the FMV of assets held by one or more related organizations. $ 6. Total. Add lines 4 and 5. $ 7. Divide line 6 by the daily average number of FTE students. If less than $500,000, check “No” on line 16. If $500,000 or more, check “Yes” on $ line 16. Worksheet line 1. To calculate the number of tuition-paying When calculating the FMV of such assets of a related students during the preceding tax year (including for purposes of organization, exclude (1) assets of any related organization to determining the number of students at a particular location), the extent that such assets are taken into account with respect to enter the daily average number of full-time equivalent (FTE) another educational institution; and (2) unless the related tuition-paying students attending the institution, taking part-time organization is controlled by the educational institution, or unless tuition-paying students into account on a full-time student the related organization is a supporting organization of the equivalent basis. educational institution, omit assets that are not intended, or are not available, for the use or benefit of the educational institution. If worksheet line 1 is fewer than 500, the organization is not subject to the section 4968 excise tax on net investment income. Worksheet line 6. Add lines 4 and 5. The organization should answer “No” on line 16. If worksheet Worksheet line 7. Divide line 6 by the daily average number line 1 is 500 or more, continue to line 2. of FTE students. Worksheet line 2. Enter the number of FTE tuition-paying If line 7 is less than $500,000, the organization is not subject students included on line 1 who were located in the United to the section 4968 excise tax on net investment income and the States during the preceding tax year and enter it on line 2. organization should answer “No” on line 16. If line 7 is $500,000 Worksheet line 3. Divide line 2 by line 1. If 50% or less, the or more, the organization is subject to the section 4968 excise organization is not subject to the section 4968 excise tax and the tax on net investment income and the organization should organization should answer “No” on line 16. If greater than 50%, answer “Yes” on line 16. continue to line 4. Line 17. Did the trust, or any disqualified or other person Worksheet line 4. Calculate the FMV of the organization’s engage in any activities that would result in the imposition of an assets not used directly in carrying out the organization’s exempt excise tax under section 4951, 4952, or 4953? See the purpose as of the end of the preceding tax year. To determine Instructions for Form 6069. If “Yes,” complete Form 6069. which assets are used directly in carrying out the organization’s exempt purpose, under these instructions, follow the principles of Part VI. Governance, Management, section 4942(e)(1)(A) and Regulations section 53.4942(a)-2(c) (3). To determine the FMV of the assets, use any reasonable and Disclosure method as long as such method is consistently used. Under Check the box in the heading of Part VI if Schedule O (Form 990) these instructions, the principles of Regulations section contains any information pertaining to this part. All organizations 53.4942(a)-2(c)(4) will be considered to provide a reasonable must complete Part VI. Use Schedule O (Form 990) to provide method. required supplemental information as described in this part, and to provide any additional information that the organization Assets held for the production of income or for considers relevant to this part. ! investment aren't considered to be used directly for Part VI requests information regarding an organization's CAUTION charitable functions even though the income from the assets is used for charitable functions. It is a factual question governing body and management, governance policies, and whether an asset is held for the production of income or for disclosure practices. Although federal tax law generally doesn't investment rather than used directly by the organization for mandate particular management structures, operational policies, charitable purposes. For example, an office building used to or administrative practices, every organization is required to provide offices for employees engaged in managing endowment answer each question in Part VI. For example, all organizations funds for the organization isn't considered an asset used for must answer lines 11a and 11b, which ask about the charitable purposes. organization's process, if any, it uses to review Form 990, even though the governing body isn't required by federal tax law to Worksheet line 5. Calculate the FMV of the assets of related review Form 990. organizations (as defined below) using the FMV of assets as of Even though the information on policies and procedures the end of the preceding tax year that ends with or within the requested in Section B generally isn't required under the Code, preceding tax year of the organization. the IRS considers such policies and procedures to generally Section 4968 defines “related organization” to include only: improve tax compliance. The absence of appropriate policies • Organizations that control or are controlled by the educational and procedures can lead to opportunities for excess benefit institution, transactions, inurement, operation for nonexempt purposes, or • Organizations that are controlled by one or more of the same other activities inconsistent with exempt status. Whether a persons who control the educational institution, particular policy, procedure, or practice should be adopted by an • Supported organizations (as defined in section 509(f)(3)), and organization depends on the organization's size, type, and • Supporting organizations described in section 509(a)(3) that culture. Accordingly, it is important that each organization support the educational institution during the tax year. consider the governance policies and practices that are most appropriate for that organization in assuring sound operations and compliance with tax law. For more governance information 2023 Instructions for Form 990 19 |
Page 20 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. relating to charities, go to IRS.gov/Charities and click on 4. Neither the member, nor any family member of the Lifecycle of an Exempt Organization. member, was involved in a transaction with a taxable or tax-exempt related organization (whether directly or indirectly Section A. Governing Body and Management through affiliation with another organization) of a type and amount that would be reportable on Schedule L (Form 990) if Line 1a. The governing body is the group of one or more required to be filed by the related organization. persons authorized under state law to make governance decisions on behalf of the organization and its shareholders or Note. The independence standard for purposes of Part VI isn't members, if applicable. The governing body is, generally the same as the “absence of conflict of interest” standard for speaking, the board of directors (sometimes referred to as purposes of the rebuttable presumption under Regulations “board of trustees”) of a corporation or association, or the section 53.4958-6, which focuses on conflicts with respect to a trustee or trustees of a trust (sometimes referred to as the “board particular transaction. of trustees”). A member of the governing body isn't considered to lack Enter the number, as of the end of the organization's tax year, independence merely because of the following circumstances. of members of the governing body of the organization with power to vote on all matters that come before the governing body 1. The member is a donor to the organization, regardless of (other than when a conflict of interest disqualifies the member the amount of the contribution. from voting). If members of the governing body don't all have the 2. Religious exception: The member has taken a bona fide same voting rights, explain material differences on Schedule O vow of poverty and either (a) receives compensation as an (Form 990). agent of a religious order or a section 501(d) religious or If the organization's governing body or governing documents apostolic organization, but only under circumstances in which delegated authority to act on its behalf to an executive the member doesn't receive taxable income (see Rev. Rul. committee or similar committee with broad authority to act on 77-290, 1977-2 C.B. 26; and Rev. Rul. 80-332, 1980-2 C.B. 34); behalf of the governing body, and the committee held such or (b) belongs to a religious order that receives sponsorship or authority at any time during the organization's tax year, describe payments from the organization or a related organization that on Schedule O (Form 990) the composition of the committee, don't constitute taxable income to the member. whether any of the committee's members aren't on the governing 3. The member receives financial benefits from the body, and the scope of the committee's authority. The organization solely in the capacity of being a member of the organization need not describe on Schedule O (Form 990) charitable or other class served by the organization in the delegations of authority that are limited in scope to particular exercise of its exempt function, such as being a member of a areas or matters, such as delegations to an audit committee, section 501(c)(6) organization, so long as the financial benefits investment committee, or compensation committee of the comply with the organization's terms of membership. governing body. Example 1. B is a voting member of the organization's board Example. A voluntary employees' beneficiary association of directors. B is also a partner with a profits and capital interest (VEBA) is a trust under state law. Bank B is the sole trustee of greater than 35% in a law firm, C, that charged $120,000 to the the trust. In completing line 1a, the VEBA will report one voting organization for legal services in a court case. The transaction member of the governing body. between C and the organization must be reported on Schedule L Line 1b. Enter the number of independent voting members (Form 990) because it is a transaction between the organization of the governing body as of the end of the organization's tax and an entity of which B is a more-than-35% owner, and year. A member of the governing body is considered because the payment to C from the organization exceeded “independent” only if all four of the following circumstances $100,000 (see the instructions for Schedule L (Form 990), Part applied at all times during the organization's tax year. IV, regarding both factors). Accordingly, B isn't an independent member of the governing body because the $120,000 payment 1. The member wasn't compensated as an officer or other must be reported on Schedule L (Form 990) as an indirect employee of the organization or of a related organization (see business transaction with B. If B were an associate attorney (an the Instructions for Schedule R (Form 990)) except as provided employee) rather than a partner with a greater-than-35% in the religious exception discussed below. Nor was the member interest, and not an officer, director, trustee, or owner of the law compensated by an unrelated organization or individual for firm, the transaction wouldn't affect B's status as an independent services provided to the filing organization or to a related member of the organization's governing body. organization, if such compensation is required to be reported in Part VII, Section A. Example 2. D is a voting member of both the organization's governing body and the governing body of C, a related 2. The member didn't receive total compensation organization. D's child, E, received $40,000 in taxable exceeding $10,000 during the organization's tax year (including compensation as a part-time employee of C. D isn't an a short year, regardless of whether such compensation is independent member of the governing body, because E received reported in Part VII) from the organization and related compensation from C, a related organization to D, and the organizations as an independent contractor, other than compensation was of a type (compensation to a family member reasonable compensation for services provided in the of a member of C's governing body) and amount (over $10,000) capacity as a member of the governing body. For example, a that would be reportable on Schedule L (Form 990) if the related person who receives reasonable expense reimbursements and organization, C, were required to file Schedule L (Form 990). reasonable compensation as a director of the organization doesn't cease to be independent merely because she or he also Example 3. C was Board Chair of X school during the tax receives payments of $7,500 from the organization for other year. X's bylaws designate the following as officer positions: arrangements. Board Chair, Secretary, and Treasurer. C set the agenda for 3. Neither the member, nor any family member of the board of directors meetings, officiated board meetings, member, was involved in a transaction with the organization coordinated development of board policy and procedure, was an (whether directly or indirectly through affiliation with another ex-officio member of all committees of the board, conducted organization) that is required to be reported on Schedule L (Form weekly staff meetings, and performed teacher and staff 990) for the organization's tax year. evaluations. X compensated C during the tax year for C's services. This compensation was attributable to C's board and 20 2023 Instructions for Form 990 |
Page 21 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. committee activities, and to C's non-director activities involving 3. The two persons are each a director, trustee, officer, or staff meetings and evaluations. Because X compensated C for greater-than-10% owner in the same business or investment services as an officer/employee, C isn't an independent member entity (but not in the same tax-exempt organization). of the governing body. See Rev. Rul. 68-597 and Rev. Rul. 57-246 for a description of the distinction between director Ownership is measured by stock ownership (either voting services and officer services. power or value, whichever is greater) of a corporation, profits or capital interest in a partnership or an LLC (whichever is greater), Example 4. The facts are the same as in Example 3, except membership interest in a nonprofit organization, or beneficial that the Board Chair position wasn't designated as an officer interest in a trust. Ownership includes indirect ownership (for position under X's bylaws, board resolutions, or state law. example, ownership in an entity that has ownership in the entity Nevertheless, because X compensated C for non-director in question); there may be ownership through multiple tiers of activities involving staff meetings and evaluations during the tax entities. year, C is deemed to have received compensation as an Privileged relationship exception. For purposes of line 2, a employee—not as a governing body member—for those business relationship doesn't include a relationship between an activities. Therefore, C isn't an independent member of the attorney and client, a medical professional (including governing body. psychologist) and patient, or a priest/clergy and penitent/ Example 5. The facts are the same as in Example 3, except communicant. that (1) C conducted only director and committee activities Example 1. B is an officer of the organization, and C is a during the tax year; (2) C didn't conduct staff meetings and member of the organization's governing body. B is C's sister's evaluations; and (3) X compensated C a reasonable amount for spouse. The organization must report that B and C have a family C's Board Chair services during the tax year, but didn't provide relationship. any other compensation to C in any other capacity. C's independence as a Board member isn't compromised by Example 2. D and E are officers of the organization. D is receiving compensation from X as a Board member (and not as also a partner in an accounting firm with 300 partners (with a 1 an officer or employee). /300 interest in the firm's profits and capital) but isn't an officer, director, or trustee of the accounting firm. D's accounting firm Also see Examples 2 and in the instructions for Part VII, 3 provides services to E in the ordinary course of the accounting Section A, line 5, later. firm's business, on terms generally offered to the public, and Reasonable effort. The organization need not engage in receives $100,000 in fees during the year. The relationship more than a reasonable effort to obtain the necessary between D and E isn't a reportable business relationship, either information to determine the number of independent voting because (1) it is in the ordinary course of business on terms members of its governing body and can rely on information generally offered to the public, or (2) D doesn't hold a provided by such members. For instance, the organization can greater-than-35% interest in the accounting firm's profits or rely on information it obtains in response to a questionnaire sent capital. annually to each member of the governing body that includes the member's name and title, blank lines for the member's signature Example 3. F and G are trustees of the organization. F is the and signature date, and the pertinent instructions and definitions owner and CEO of an automobile dealership. G purchased a for line 1b, to determine whether the member is or isn't $45,000 car from the dealership during the organization's tax independent. year in the ordinary course of the dealership's business, on terms generally offered to the public. The relationship between F Line 2. Answer “Yes” if any of the organization's current and G isn't a reportable business relationship because the officers directors trustees, , , or key employees, as reported in transaction was in the ordinary course of business on terms Part VII, Section A, had a family relationship or business generally offered to the public. relationship with another of the organization's current officers, directors, trustees, or key employees, as reported in Part VII, Example 4. H and J are members of the organization's Section A, at any time during the organization's tax year. For board of directors. Both are CEOs of publicly traded corporations each family and business relationship, identify the persons and and serve on each other's board. The relationship between H describe their relationship on Schedule O (Form 990). It is and J is a reportable business relationship because each is a sufficient to enter “family relationship” or “business relationship” director or officer in the same business entity. without greater detail. Example 5. K is an officer of the organization, and L is on its Business relationship. Business relationships between two board of directors. L is a greater-than-35% partner of a law firm persons include any of the following. that charged $60,000 during the organization's tax year for legal 1. One person is employed by the other in a sole services provided to K that were worth $600,000 at the law firm's proprietorship or by an organization with which the other is ordinary rates. Thus, the ordinary course of business exception associated as a trustee director officer, , , or greater-than-35% doesn't apply. However, the relationship between K and L isn't a owner, even if that organization is tax exempt. However, don't reportable business relationship because of the privileged report a person’s employment by the filing organization as a relationship of attorney and client. business relationship. Reasonable effort. The organization isn't required to provide information about a family or business relationship between two 2. One person is transacting business with the other (other officers directors trustees, , , or key employees if it is unable than in the ordinary course of either party's business on the to secure the information after making a reasonable effort to same terms as are generally offered to the public), directly or obtain it. An example of a reasonable effort would be for the indirectly, in one or more contracts of sale, lease, license, loan, organization to distribute a questionnaire annually to each such performance of services, or other transaction involving transfers person that includes the name and title of each person reporting of cash or property valued in excess of $10,000 in the aggregate information, blank lines for those persons' signatures and during the organization's tax year. Indirect transactions are signature dates, and the pertinent instructions and definitions for transactions with an organization with which the one person is line 2. associated as a trustee, director, officer, or greater-than-35% owner. Such transactions don't include charitable contributions Line 3. Answer “Yes” if, at any time during the organization's tax to tax-exempt organizations. year, the organization used a management company or other person (other than persons acting in their capacities as officers, 2023 Instructions for Form 990 21 |
Page 22 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. directors, trustees, or key employees) to perform any the state and to the required or permitted number or frequency of management duties customarily performed by or under the direct governing body or member meetings. supervision of officers directors trustees, , , or key Describe significant changes on Schedule O (Form 990), but employees. Such management duties include, but aren't limited don't attach a copy of the amendments or amended document to to, hiring, firing, and supervising personnel; planning or Form 990 (or recite the entire amended document verbatim), executing budgets or financial operations; or supervising exempt unless such amended documents reflect a change in the operations or unrelated trades or businesses of the organization. organization's name. See Specific Instructions, Item B, earlier, Management duties don't include administrative services (such regarding attachments required in the event of a change in the as payroll processing) that don't involve significant managerial organization's name. decision making. Management duties also don't include investment management unless the filing organization conducts An organization must report significant changes to its investment management services for others. TIP organizational documents on Form 990, Part VI, rather than in a letter to EO Determinations. EO Determinations If “Yes,” on Schedule O (Form 990), list the name(s) of the no longer issues letters confirming the tax-exempt status of management company or companies or other person(s) organizations that report significant changes to their performing management duties; describe the services they organizational documents, though it will, on request, issue an provided to the organization; list any of the organization’s current affirmation letter confirming an organization's name change. The or former officers, directors, trustees, key employees, and IRS will no longer require a new exemption application from a highest compensated employees listed in Part VII, Section A, domestic section 501(c) organization that undergoes certain who were compensated by the management company or changes of form or place of organization described in Rev. Proc. companies or other person(s) during the calendar year ending 2018-15, 2018-9 I.R.B. 379. with or within the organization's tax year; and list the amounts of reportable and other compensation they received from the Line 5. Answer “Yes” if the organization became aware during management company or companies or other person(s) for the organization's tax year of a significant diversion of its assets, services provided to the filing organization and related whether or not the diversion occurred during the year. If “Yes,” organizations during that year. explain the nature of the diversion, dollar amounts and/or other Line 4. The organization must report significant changes to its property involved, corrective actions taken to address the matter, organizing or enabling document by which it was created and pertinent circumstances on Schedule O (Form 990), (articles of incorporation, association, or organization; trust although the person or persons who diverted the assets instrument; constitution; or similar document), and to its rules shouldn't be identified by name. governing its affairs commonly known as bylaws (or regulations, A diversion of assets includes any unauthorized conversion or operating agreement, or similar document). Report significant use of the organization's assets other than for the organization's changes that weren't reported on any prior Form 990, and that authorized purposes, including but not limited to embezzlement were made before the end of the tax year. Don't report changes or theft. Report diversions by the organization's officers, to policies described or established outside of the organizing or directors trustees employees volunteers independent , , , , enabling document and bylaws (or similar documents), such as contractors, grantees (diverting grant funds), or any other adoption of, or change to, a policy adopted by resolution of the person, even if not associated with the organization other than governing body that doesn't entail a change to the organizing by the diversion. A diversion of assets doesn't include an document or bylaws. authorized transfer of assets for FMV consideration, such as to a Examples of significant changes to the organizing or enabling joint venture or for-profit subsidiary in exchange for an interest document or bylaws include changes to: in the joint venture or subsidiary. For this purpose, a diversion is • The organization's exempt purposes or mission; considered significant if the gross value of all diversions (not • The organization’s name (also see the instructions under taking into account restitution, insurance, or similar recoveries) Specific Instructions, Item B, earlier); discovered during the organization's tax year exceeds the lesser • The number, composition, qualifications, authority, or duties of of (1) 5% of the organization's gross receipts for its tax year, (2) the governing body's voting members; 5% of the organization's total assets as of the end of its tax year, • The number, composition, qualifications, authority, or duties of or (3) $250,000. the organization's officers or key employees; • The role of the stockholders or membership in governance; Note. A diversion of assets can in some cases be inurement of • The distribution of assets upon dissolution; the organization's net earnings. In the case of section 501(c)(3), • The provisions to amend the organizing or enabling document 501(c)(4), and 501(c)(29) organizations, it can also be an or bylaws; excess benefit transaction taxable under section 4958 and • The quorum, voting rights, or voting approval requirements of reportable on Schedule L (Form 990). the governing body members or the organization's stockholders Line 6. Answer “Yes” if the organization is organized as a stock or membership; corporation, a joint-stock company, a partnership, a joint • The policies or procedures contained within the organizing venture, or an LLC. Also answer “Yes” if the organization is documents or bylaws regarding compensation of officers, organized as a non-stock, nonprofit, or not-for-profit corporation directors, trustees, or key employees, conflicts of interest, or association with members. For purposes of Form 990, Part VI, whistleblowers, or document retention and destruction; and member means (without regard to what a person, including a • The composition or procedures contained within the corporation or other legal entity, is called in the governing organizing document or bylaws of an audit committee. documents) any person who, pursuant to a provision of the Example. Organization X has a written conflicts of interest organization's governing documents or applicable state law, has policy that isn't contained within the organizing document or the right to participate in the organization's governance or to bylaws. The policy is changed by board resolution. The policy receive distributions of income or assets from the organization. change doesn't need to be reported on line 4. Members don't include governing body members. For purposes Examples of insignificant changes made to organizing or of Part VI, a membership organization includes members with enabling documents or bylaws that aren't required to be reported the following kinds of rights. here include changes to the organization's registered agent with 22 2023 Instructions for Form 990 |
Page 23 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. The members elect the members of the governing body Line 10a. Answer “Yes” if the organization had during its tax (but not if the persons on the governing body are the year any local chapters, local branches, local lodges, or other organization's only members) or their delegates. similar local units or affiliates over which the organization had the 2. The members approve significant decisions of the legal authority to exercise direct or indirect supervision and governing body. control (whether or not in a group exemption) and local units 3. The members can receive a share of the organization's that aren't separate legal entities under state law over which the profits or excess dues or a share of the organization's net assets organization had such authority. An affiliate or unit is considered upon the organization's dissolution. “local” for this purpose if it is responsible for a smaller geographical area than the filing organization is responsible for. Describe on Schedule O (Form 990) the classes of members or Thus, a regional organization would be considered local for a stockholders with the rights described above. national organization. Line 7a. Answer “Yes” on line 7a if at any time during the Example 1. X is a national organization dedicated to the organization's tax year there were one or more persons (other reform of K. X has affiliates in 15 states that conduct activities to than the organization's governing body itself, acting in such carry out the purposes of X at the state level. X has the authority capacity) that had the right to elect or appoint one or more to approve the annual budget of each affiliate. X must answer members of the organization's governing body, whether “Yes” on line 10a. periodically, or as vacancies arise, or otherwise. If “Yes,” describe Example 2. Y is a section 170(b)(1)(A)(iii) hospital located in on Schedule O (Form 990) the class or classes of such persons M City. Y appoints a majority of the board of directors of Z, a and the nature of their rights. section 509(a)(3) supporting organization that invests funds and Line 7b. Answer “Yes” on line 7b if at any time during the makes grants for the benefit of Y. Although Y controls Z, Z isn't a organization's tax year any governance decisions of the local affiliate of Y that would require Y to answer “Yes” on organization were reserved to (or subject to approval by) line 10a. members, stockholders, or persons other than the governing Line 10b. Written policies and procedures governing the body, whether or not any such governance decisions were activities of local chapters, branches, and affiliates to ensure made during the tax year, such as approval of the governing their operations are consistent with the organization's tax-exempt body's election or removal of members of the governing body, or purposes are documents used by the organization and its local approval of the governing body's decision to dissolve the units to address the policies, practices, and activities of the local organization. If “Yes,” describe on Schedule O (Form 990) the unit. Such policies and procedures can include policies and class or classes of such persons, the decisions that require their procedures similar to those described in lines 11–16 of this approval, and the nature of their voting rights. section, whether separate or included as required provisions in Line 8. Answer “Yes” on lines 8a and 8b if the organization the chapter's articles of organization or bylaws, a manual contemporaneously documented by any means permitted by provided to chapters, a constitution, or similar documents. If state law every meeting held and written action taken during the “No,” explain on Schedule O (Form 990) how the organization organization's tax year by its governing body and committees ensures that the local unit's activities are consistent with the with authority to act on behalf of the governing body (which organization's tax-exempt purposes. ordinarily don't include advisory boards). Documentation permitted by state law can include approved minutes, email, or Note. The central organization (parent organization) named in similar writings that explain the action taken, when it was taken, a group exemption letter is required to have general and who made the decision. For this purpose, contemporaneous supervision or control over its subordinate organizations as a means by the later of (1) the next meeting of the governing body condition of the group exemption. or committee (such as approving the minutes of the prior Line 11a. Answer “Yes” only if a complete copy of the meeting), or (2) 60 days after the date of the meeting or written organization's final Form 990 (including all required schedules), action. If the answer to either line 8a or 8b is “No,” explain on as ultimately filed with the IRS, was provided to each person who Schedule O (Form 990) the organization's practices or policies, if was a voting member of the governing body at the time the any, regarding documentation of meetings and written actions of Form 990 was provided, whether in paper or electronic form, its governing body and committees with authority to act on its before its filing with the IRS. The organization can answer “Yes” if behalf. If the organization had no committees, answer “No” to it emailed all of its governing body members a link to a line 8b. password-protected website on which the entire Form 990 can Line 9. The IRS needs a current mailing address to contact the be viewed, and noted in the email that the Form 990 is available organization's officers, directors, trustees, or key employees. for review on that site. However, answer “No” if the organization The organization can use its official mailing address stated on merely informed its governing body members that a copy of the the first page of Form 990 as the mailing address for such Form 990 is available upon request. Answer “No” if the persons. Otherwise, enter on Schedule O (Form 990) the mailing organization redacted or removed any information from the copy addresses for such persons who are to be contacted at a of its final Form 990 that it provided to its governing body different address. Such information will be available to the public. members before filing the form. For example, answer “No” if the organization, at the request of a donor, redacted the name and address of that donor from the copy of its Schedule B (Form Section B. Policies 990), that it provided to its governing body members. Under those circumstances, the organization may explain on Answer “Yes” to any question in this section that asks whether Schedule O (Form 990) why it answered “No” to line 11a. the organization had a particular policy or practice only if the organization's governing body (or a committee of the governing Line 11b. Describe on Schedule O (Form 990) the process, if body, if the governing body delegated authority to that committee any, by which any of the organization's officers, directors, to adopt the policy) adopted the policy by the end of its tax year, trustees, board committee members, or management reviewed and if the policy applied to the organization as a whole. If the the prepared Form 990, whether before or after it was filed with policy applied only on a division-wide or department-wide level, the IRS, including specifics about who conducted the review, answer “No.” The organization may explain the scope of such when they conducted it, and the extent of any such review. If no policy on Schedule O (Form 990). 2023 Instructions for Form 990 23 |
Page 24 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. review was or will be conducted, enter “No review was or will be Certain federal or state laws provide protection against conducted.” TIP whistleblower retaliation and prohibit destruction of Example. The return preparer emails a copy of the final certain documents. For instance, while the federal version of Form 990 to each Board member before it was filed. Sarbanes-Oxley legislation generally doesn't pertain to However, no Board member undertakes any review of the form tax-exempt organizations, it does impose criminal liability on either before or after filing. Because such a copy of the final tax-exempt as well as other organizations for (1) retaliation version of the form was provided to each voting member of the against whistleblowers that report federal offenses, and (2) organization's governing body before it was filed, the destruction of records with the intent to obstruct a federal organization can answer “Yes” even though no review took place. investigation. See 18 U.S.C. sections 1513(e) and 1519. Also The organization must describe its Form 990 review process (or note that an organization is required to keep books and records lack thereof) on Schedule O (Form 990). relevant to its tax exemption and its filings with the IRS. Some Line 12a. Answer “Yes” if, as of the end of the organization's tax states provide additional protection for whistleblowers. year, the organization had a written conflict of interest policy. A conflict of interest policy defines conflicts of interest, identifies Line 15. Answer “Yes” on line 15a if, during the tax year, the the classes of individuals within the organization covered by the organization (not a related organization or other third party) policy, facilitates disclosure of information that can help identify used a process for determining compensation (reported on Part conflicts of interest, and specifies procedures to be followed in II or Schedule J (Form 990), Compensation Information) of the managing conflicts of interest. A conflict of interest arises when a CEO, executive director, or other person who is the top person in a position of authority over an organization, such as an management official, that included all of the following officer director, , manager, or key employee can benefit elements. financially from a decision he or she could make in such • Review and approval by a governing body or compensation capacity, including indirect benefits such as to family members committee, provided that persons with a conflict of interest or businesses with which the person is closely associated. For regarding the compensation arrangement at issue weren't this purpose, a conflict of interest doesn't include questions involved. For purposes of this question, a member of the involving a person's competing or respective duties to the governing body or compensation committee has a conflict of organization and to another organization, such as by serving on interest regarding a compensation arrangement if any of the the boards of both organizations, that don't involve a material following circumstances apply. financial interest of, or benefit to, such person. 1. The member (or a family member of the member) is Example. B is a member of the governing body of X Charity participating in or economically benefitting from the and of Y Charity, both of which are section 501(c)(3) public compensation arrangement. charities with different charitable purposes. X Charity has taken a 2. The member is in an employment relationship subject to public stand in opposition to a specific legislative proposal. At an the direction or control of any person participating in or upcoming board meeting, Y Charity will consider whether to economically benefitting from the compensation arrangement. publicly endorse the same specific legislative proposal. While B 3. The member receives compensation or other payments may have a conflict of interest in this decision, the conflict subject to approval by any person participating in or doesn't involve a material financial interest of B's merely as a economically benefitting from the compensation arrangement. result of Y Charity's position on the legislation. 4. The member has a material financial interest affected by Line 12b. Answer “Yes” if the organization's officers directors, , the compensation arrangement. trustees, and key employees are required to disclose or 5. The member approves a transaction providing economic update annually (or more frequently) information regarding their benefits to any person participating in the compensation interests and those of their family members that could give rise arrangement, who in turn has approved or will approve a to conflicts of interest, such as a list of family members, transaction providing economic benefits to the member. See substantial business or investment holdings, and other Regulations section 53.4958-6(c)(1)(iii). transactions or affiliations with businesses and other Use of data as to comparable compensation for similarly • organizations and those of family members. qualified persons in functionally comparable positions at similarly Line 12c. If “Yes,” describe on Schedule O (Form 990) the situated organizations. organization's practices for monitoring proposed or ongoing • Contemporaneous documentation and recordkeeping for transactions for conflicts of interest and dealing with potential or deliberations and decisions regarding the compensation actual conflicts, whether discovered before or after the arrangement. transaction has occurred. The description should include an Answer “Yes” on line 15b if the process for determining explanation of which persons are covered under the policy, the compensation of one or more officers or key employees other level at which determinations of whether a conflict exists are than the top management official included all of the elements made, and the level at which actual conflicts are reviewed. Also listed above. explain any restrictions imposed on persons with a conflict, such as prohibiting them from participating in the governing body's If the answer was “Yes” on line 15a or 15b, describe the deliberations and decisions in the transaction. process on Schedule O (Form 990), identify the offices or positions for which the process was used to establish Lines 13 and 14. A whistleblower policy encourages staff and compensation of the persons who served in those offices or volunteers to come forward with credible information on illegal positions, and enter the year in which this process was last practices or violations of adopted policies of the organization, undertaken for each such person. specifies that the organization will protect the individual from If the organization didn't compensate its CEO, executive retaliation, and identifies those staff or board members or director, or top management official during the tax year, answer outside parties to whom such information can be reported. A “No” to line 15a. If the organization didn't compensate any of its document retention and destruction policy identifies the record other officers or key employees during the tax year, even if such retention responsibilities of staff, volunteers, board members, employees were compensated by a related organization, answer and outsiders for maintaining and documenting the storage and “No” to line 15b. destruction of the organization's documents and records. 24 2023 Instructions for Form 990 |
Page 25 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 16. Answer “Yes” on line 16a if, at any time during its tax listed on Schedule B (Form 990)) of any such forms during the year, the organization invested in, contributed assets to, or tax year. otherwise participated in a joint venture or similar arrangement If “Other” is checked, explain on Schedule O (Form 990). Also with one or more taxable persons. For purposes of line 16, a joint explain on Schedule O (Form 990) if the organization didn't make venture or similar arrangement (or a “venture or arrangement”) publicly available upon request any of Forms 1023, 1023-EZ, means any joint ownership or contractual arrangement through 1024, 1024-A, 990, or 990-T that are subject to public inspection which there is an agreement to jointly undertake a specific requirements. Exempt organizations must make available for business enterprise, investment, or exempt-purpose activity public inspection their Form 1023, 1023-EZ, 1024, or 1024-A without regard to (1) whether the organization controls the application for recognition of exemption. Applications filed before venture or arrangement, (2) the legal structure of the venture or July 15, 1987, need not be made publicly available unless the arrangement, or (3) whether the venture or arrangement is organization had a copy on July 15, 1987. treated as a partnership for federal income tax purposes, or as Organizations that file Form 990 must make it publicly an association, or corporation for federal income tax purposes. available for a period of 3 years from the date it is required to be Disregard ventures or arrangements that meet both of the filed (including extensions) or, if later, is actually filed. following conditions. Organizations aren't required to make publicly available the 1. 95% or more of the venture's or arrangement's income for names and addresses of contributors (as set forth on its tax year ending with or within the organization's tax year is Schedule B (Form 990), and on Form 1023, 1023-EZ, 1024, or described in sections 512(b)(1)–(5) (including unrelated 1024-A). Section 501(c)(3) organizations that file Form 990-T are debt-financed income). also required to make their Forms 990-T publicly available for the 2. The primary purpose of the organization's contribution to, corresponding 3-year period for forms filed after August 17, 2006 or investment or participation in, the venture or arrangement is (unless the form was filed solely to request a refund of telephone the production of income or appreciation of property. excise taxes). See Appendix D for more information on public inspection requirements. Answer “Yes” on line 16b if, as of the end of the organization's tax year, the organization had both: Line 19. Explain on Schedule O (Form 990) whether the organization made its governing documents (for example, 1. Followed a written policy or procedure that required the articles of incorporation, constitution, bylaws, trust instrument), organization to negotiate, in its transactions and arrangements conflict of interest policy, and financial statements (whether with other members of the venture or arrangement, such terms or not audited) available to the general public during the tax year, and safeguards as are adequate to ensure that the and, if so, how it made them available to the public (for example, organization's exempt status is protected; and posting on the organization's website, posting on another 2. Taken steps to safeguard the organization's exempt status website, providing copies on request, inspection at an office of for the venture or arrangement. the organization, etc.). If the organization didn't make any of these documents available to the public, enter “No documents Some examples of safeguards include the following. available to the public.” • Control over the venture or arrangement sufficient to ensure that the venture furthers the exempt purpose of the organization. Federal tax law doesn't require that such documents be made • Requirements that the venture or arrangement give priority to publicly available unless they were included on a form that is exempt purposes over maximizing profits for the other publicly available (such as Form 1023, 1023-EZ, 1024, or participants. 1024-A). • The venture or arrangement not engage in activities that Line 20. Provide the name of the person who possesses the would jeopardize the organization's exemption (such as political organization's books and records, and the business address and intervention or substantial lobbying for a section 501(c)(3) telephone number of such person (or of the organization if the organization). books and records are kept by such person at a personal • All contracts entered into with the organization be on terms residence). If the books and records are kept at more than one that are at arm's length or more favorable to the organization. location, provide the name, business address, and telephone number of the person responsible for coordinating the Section C. Disclosure maintenance of the books and records. The organization isn't Line 17. List the states with which a copy of this Form 990 is required to provide the address or telephone number of a required to be filed, even if the organization hasn't yet filed Form personal residence of an individual. If provided, however, such 990 with that state. Use Schedule O (Form 990) if additional information will be available to the public. space is necessary. Part VII. Compensation of Officers, Some states require or permit the filing of Form 990 to TIP fulfill state exempt organization or charitable solicitation Directors, Trustees, Key Employees, reporting requirements. Highest Compensated Employees, Line 18. Check the box for “Own website” only if the and Independent Contractors organization posted an exact reproduction (other than for Check the box in the heading of Part VII if Schedule O (Form information permitted by law to be withheld from public 990) contains any information pertaining to this part. disclosure, such as the names and addresses of contributors listed on Schedule B (Form 990)) of its Form 990, Form 990-T Overview. Form 990, Part VII, requires the listing of the (for section 501(c)(3) organizations), or application for organization's current or former officers directors trustees, , , recognition of exemption (Form 1023, 1023-EZ, 1024, or key employees, and highest compensated employees, and 1024-A) on its website during its tax year. Check the box for current independent contractors, and reporting of certain “Another's website” only if the organization provided to another compensation information relating to such persons. individual or organization and that other individual or All organizations are required to complete Part VII, and when organization posted on its website, an exact reproduction (other applicable, Schedule J (Form 990), for certain persons. than for information permitted by law to be withheld from public Compensation must be reported for the calendar year ending disclosure, such as the names and addresses of contributors with or within the organization's tax year. In some cases, 2023 Instructions for Form 990 25 |
Page 26 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. persons are reported in Part VII or Schedule J (Form 990) only if Special rules apply to disregarded entities of which the their reportable compensation (as explained below) and “other organization is the sole member. See Disregarded Entities, later. compensation” (as explained below) from the organization and To determine which persons are current or former officers, related organizations (as explained in the Glossary and in the directors, trustees, key employees, or highest compensated Instructions for Schedule R (Form 990)) exceeds certain employees, see the instructions for Part VII, Section A, column thresholds. In some cases, compensation from an unrelated (C), later. organization must be reported on Form 990. See the instructions for Part VII, Section A, line 5, later. The amount of Order of reporting. List the persons required to be included in compensation reported on Form 990, Part VII, for a listed person Part VII, Section A, in order from highest to lowest compensation may differ from the amount reported on Form 990, Part IX, line 5, based on the sum of columns (D), (E), and (F) for each person. for that person due to factors such as a different accounting When the amount of total compensation is the same, list the period (calendar vs. fiscal year) or a different accounting persons in the following order: individual trustees or directors, method. institutional trustees, officers, key employees, highest compensated employees, and former such persons. Form 990, Part VII, relies on definitions of reportable compensation and other compensation. Reportable Fiscal year filers. To determine which persons are listed in Part compensation generally refers to compensation reported in VII, Section A, the organization must use the calendar year box 1 or 5 (whichever amount is greater) of Form W-2, Wage and ending with or within the organization's fiscal year for some Tax Statement; box 1 of Form 1099-NEC, Nonemployee (those whose compensation must exceed minimum thresholds Compensation; and box 6 of Form 1099-MISC, Miscellaneous in order to be reported) and the fiscal year for others. Report Information. Organizations must also report other compensation officers, directors, and trustees that served at any time during in Part VII, as discussed in the instructions for Part VII, Section A, the fiscal year as “current” officers directors, , and trustees. column (F), later. Report the following persons based on reportable compensation and status for the calendar year ending within Organizations must report compensation for both current and the fiscal year. former officers, directors, trustees, key employees, and highest • Current key employees (over $150,000 of reportable compensated employees. The distinction between current and compensation from the organization and related former such persons is discussed below. The determination of organizations). “former” uses a 5-year lookback period. • Current five highest compensated employees (over $100,000 of reportable compensation from the organization and Organizations must report compensation from themselves related organizations), other than current officers, directors, and from related organizations, which generally consist of trustees, and key employees. parents, subsidiaries, brother/sister organizations, supporting Former officers, key employees, and five highest organizations, supported organizations, sponsoring • compensated employees (over $100,000 of reportable organizations of VEBAs, and contributing employers to VEBAs. compensation from the organization and related organizations, See the Instructions for Schedule R (Form 990) for a fuller with special rules for former highest compensated employees). discussion of related organizations. Former directors and trustees (over $10,000 of reportable • Part VII, Section A, requires reporting of officers, directors, compensation for services in the capacity as director or trustee trustees, key employees, and up to five of the organization's of the organization, from the organization and related highest compensated employees. Compensation from related organizations). organizations must also be taken into account in determining a Report compensation on Form 990, Part VII, for the calendar person's compensation and reported in Part VII, Section A, year ending within the organization's fiscal year, including that columns (E) and (F). of current officers, directors, and trustees, even if the fiscal year Section B requires reporting of the five highest compensated is used to determine which such persons must be listed in Part independent contractors. Section B doesn't require reporting of VII. compensation from related organizations. Director or trustee. A director or trustee is a member of the organization's governing body, but only if the member has Section A. Officers, Directors, Trustees, Key voting rights. A director or trustee that served at any time during Employees, and Highest Compensated the organization's tax year is deemed a current director or trustee. Members of advisory boards that don't exercise any Employees governance authority over the organization aren't considered Overview. Organizations are required to enter in Part VII, directors or trustees. Section A, the following officers directors trustees, , , and An “institutional trustee” is a trustee that isn't an individual or employees of the organization whose reportable natural person but an organization. For instance, a bank or trust compensation from the organization and related company serving as the trustee of a trust is an institutional organizations (as explained in the Glossary and the trustee. Instructions for Schedule R (Form 990)) exceeded the following thresholds for the tax year. Officer. An officer is a person elected or appointed to manage • Current officers, directors, and trustees (no minimum the organization's daily operations. An officer that served at any compensation threshold). time during the organization's tax year is deemed a current • Current key employees (over $150,000 of reportable officer. The officers of an organization are determined by compensation). reference to its organizing document, bylaws, or resolutions of its • Current five highest compensated employees other than governing body, or as otherwise designated consistent with officers, directors, trustees, or listed key employees (over state law, but, at a minimum, include those officers required by $100,000 of reportable compensation). applicable state law. Officers can include a president, vice • Former officers, key employees, and highest compensated president, secretary, treasurer, and, in some cases, a Board employees (over $100,000 of reportable compensation, with Chair. In addition, for purposes of Form 990, including Part VII, special rules for former highest compensated employees). Section A, and Schedule J (Form 990), treat as an officer the • Former directors and trustees (over $10,000 of reportable following persons, regardless of their titles. compensation in the capacity as a former director or trustee). 26 2023 Instructions for Form 990 |
Page 27 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Top management official. The person who has ultimate In the examples set forth below, assume the individual responsibility for implementing the decisions of the governing involved is an employee that satisfies the $150,000 Test and Top body or for supervising the management, administration, or 20 Test and isn't an officer director, , or trustee. operation of the organization, for example, the organization's Example 1. T is a large section 501(c)(3) university. L is the president, CEO, or executive director. dean of the law school of T, which generates more than 10% of 2. Top financial official. The person who has ultimate the revenue of T, including contributions from alumni and responsibility for managing the organization's finances, for foundations. Although L doesn't have ultimate responsibility for example, the organization's treasurer or chief financial officer. managing the university as a whole, L meets the Responsibility Test and is reportable as a key employee of T. If ultimate responsibility resides with two or more individuals (for example, co-presidents or co-treasurers), who can exercise such Example 2. S chairs a small academic department in the responsibility in concert or individually, then treat all such College of Arts and Sciences of the same university, T, described individuals as officers. above. As department chair, S supervises faculty in the department, approves the course curriculum, and oversees the Key employee. For purposes of Form 990, a current key operating budget for the department. The department represents employee is an employee of the organization (other than an less than 10% of the university's activities, assets, income, officer director, , or trustee) who meets all three of the following expenses, capital expenditures, operating budget, and employee tests, applied in the following order. compensation. Under these facts and circumstances, S doesn't 1. $150,000 Test: Receives reportable compensation meet the Responsibility Test and isn't a key employee of T. from the organization and all related organizations in excess of Example 3. U is a large acute-care section 501(c)(3) $150,000 for the calendar year ending with or within the hospital. U employs X as a radiologist. X gives instructions to organization's tax year. staff for the radiology work X conducts, but X doesn't supervise 2. Responsibility Test: At any time during the calendar year other U employees, manage the radiology department, or have ending with or within the organization's tax year: or share authority to control or determine 10% or more of U's a. Has responsibilities, powers, or influence over the capital expenditures, operating budget, or employee organization as a whole that is similar to those of officers, compensation. Under these facts and circumstances, X doesn't directors, or trustees; meet the Responsibility Test and isn't a key employee of U. b. Manages a discrete segment or activity of the Example 4. W is a cardiologist and head of the cardiology organization that represents 10% or more of the activities, department of the same hospital, U, described above. The assets, income, or expenses of the organization, as compared to cardiology department is a major source of patients admitted to the organization as a whole; or U and consequently represents more than 10% of U's income, c. Has or shares authority to control or determine 10% or as compared to U as a whole. As department head, W manages more of the organization's capital expenditures, operating the cardiology department. Under these facts and budget, or compensation for employees. circumstances, W meets the Responsibility Test and is a key employee of U. 3. Top 20 Test: Is one of the 20 employees other than officers, directors, and trustees who satisfy the $150,000 Test Five highest compensated employees. The organization is and Responsibility Test with the highest reportable required to enter its current five highest compensated compensation from the organization and related organizations employees whose reportable compensation combined from for the calendar year ending with or within the organization's tax the organization and related organizations is greater than year. $100,000 for the calendar year ending with or within the organization's tax year and who aren't also current officers, If the organization has more than 20 individuals who meet the directors trustees, , or key employees of the organization. $150,000 Test and Responsibility Test, report as key Such individuals are the “current” five highest compensated employees only the 20 individuals who have the highest employees. These can include persons who meet some but not reportable compensation from the organization and related all of the tests for key employee status. The organization isn't organizations. Note that any others, up to five, might be required to enter more than the top five such persons, ranked by reportable as current highest compensated employees, with amount of reportable compensation. Use the calendar year over $100,000 in reportable compensation. Use the calendar ending with or within the organization's tax year for determining year ending with or within the organization's tax year for the organization's current five highest compensated employees. determining the organization's current key employees. Example. X is an employee of Y University and isn't an An individual that isn't an employee of the organization (or of officer, director, or trustee. X's reportable compensation for the a disregarded entity of the organization) is nonetheless treated calendar year exceeds $150,000, and X meets the as a key employee if she or he serves as an officer or director of Responsibility Test. X would qualify as a key employee of Y, a disregarded entity of the organization and otherwise meets the except that 20 employees had higher reportable compensation standards of a key employee set forth above. See Disregarded and otherwise qualify as key employees. Therefore, those 20 are Entities, later, for treatment of certain employees of a listed as the organization's key employees. X has the highest disregarded entity as key employees of the organization. reportable compensation from the organization and related If an employee is a key employee of the organization for only organizations of all employees other than the 20 key employees. a portion of the year, that person's entire compensation for the X must be listed as one of the organization's five highest calendar year ending with or within the organization's tax year, compensated employees. from both the filing organization and related organizations, should be reported in Part VII, Section A. $10,000 exceptions for reporting compensation. Report compensation paid or accrued by the filing organization and Management companies and similar entities that are related organizations. Special rules apply for reporting independent contractors shouldn't be reported as key reportable compensation and other compensation. employees. The organization's top management official and top financial official are deemed officers rather than key All reportable compensation paid by the filing organization employees. must be reported. Reportable compensation paid by a related organization isn't required to be reported unless (1) it is $10,000 2023 Instructions for Form 990 27 |
Page 28 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. or more for the calendar year ending with or within the Income Subject to Withholding, then treat this income as organization's tax year (the “$10,000-per-related-organization reportable compensation and report it in Part VII, Section A, exception”), or (2) it is paid for past services to the filing column (D) or (E). For foreign persons for whom compensation organization in the person's capacity as a former director or reporting on Form W-2, Form 1099-NEC, Form 1099-MISC, or trustee. Form 1042-S isn't required, treat as reportable compensation in A particular item of other compensation (such as listed in the column (D) or (E) the total value of the compensation paid in the compensation table, later) paid or accrued by the filing form of cash or property during the calendar year ending with or organization isn't required to be reported unless (1) it is $10,000 within the organization's tax year. Report other compensation or more for the calendar year ending with or within the from foreign organizations as “other compensation” in column organization's tax year (the “$10,000-per-item exception”), or (2) (F). it is one of the five types of compensation (generally constituting To determine whether an individual received more than deferred compensation (including retirement plan benefits) and $100,000 (or $150,000) in reportable compensation in the health benefits) that must be reported regardless of amount (see aggregate from the filing organization (and, as discussed later, the instructions for column (F)). The same principles apply to certain third parties such as common paymasters, payroll/ items of other compensation paid or accrued by a related reporting agents, and certain unrelated organizations, organization (applied separately to each related organization). compensation from which is considered compensation from the filing organization) and related organizations, add the following The $10,000 exceptions don't apply to reporting amounts. ! compensation on Schedule J (Form 990), Part II. • The amount reported in box 1 or 5 of Form W-2 (whichever CAUTION amount is greater), in box 1 of Form 1099-NEC, and/or in box 6 Reportable compensation. Reportable compensation of Form 1099-MISC, issued to the individual by the organization. consists of: • Amounts reported in box 1 or 5 of Form W-2 (whichever • For officers and other employees, amounts required to be amount is greater), in box 1 of Form 1099-NEC, or in box 6 of reported in box 1 or 5 of Form W-2 (whichever amount is greater) Form 1099-MISC, issued to the individual by each related (as well as in box 1 of Form 1099-NEC, and/or in box 6 of Form organization that reported $10,000 or more. 1099-MISC if the officer or employee is also compensated as an To determine whether an individual received solely in his or independent contractor of the filing organization or a related her capacity as a former trustee or director of the organization organization); more than $10,000 in reportable compensation for the calendar • For directors and individual trustees, amounts required to year ending with or within the organization's tax year, in the be reported in box 1 of Form 1099-NEC; and/or in box 6 of Form aggregate, from the organization and all related organizations 1099-MISC for director and other independent contractor (and thus must be reported on Form 990, Part VII, and services to the organization or a related organization, plus Schedule J (Form 990), Part II), add the amounts reported in amounts required to be reported in box 1 or 5 of Form W-2 box 1 of all Forms 1099-NEC, box 6 of all Forms 1099-MISC, (whichever amount is greater) if also compensated as an officer and, if relevant, box 1 or 5 of all Forms W-2 (whichever amount is or employee of the filing organization or a related organization; greater) issued to the individual by the organization and all and related organizations for the calendar year ending with or within • For institutional trustees, fees for services paid pursuant to the organization's tax year. Report such amounts only to the a contractual agreement or statutory entitlement. While the extent that such amounts relate to the individual's past services compensation of institutional trustees must be reported on Form as a trustee or director of the organization, and don't disregard 990, Part VII, it need not be reported on Schedule J (Form 990). any payments from a related organization if below $10,000, for If the organization didn't file a Form 1099-NEC or 1099-MISC such purpose. because the amounts paid were below the threshold reporting Other compensation. Other compensation includes requirement, then include and report the amount actually paid. compensation other than reportable compensation, including For a full definition of reportable compensation, see the deferred compensation not currently reportable in box 1 or 5 of Glossary. Form W-2, box 1 of Form 1099-NEC, or box 6 of Form Corporate officers are considered employees for 1099-MISC, and certain nontaxable benefits, as discussed in TIP purposes of Form W-2 reporting, unless they perform no detail in the instructions for Schedule J (Form 990), Part II. See services as officers, or perform only minor services and the instructions for other compensation reported in column (F), neither receive nor are entitled to receive, directly or indirectly, later, which includes a table to show where and how to report any compensation. Corporate directors are considered certain types of compensation in Part VII, Section A, and independent contractors, not employees, and director Schedule J (Form 990). compensation, if any, is generally required to be reported on Form 1099-NEC. See Regulations section 31.3401(c)-1(f). Note. Don't report the same item of compensation in more than one column of Part VII, Section A, for the tax year. For certain kinds of employees and for retirees, the amount in box 5 of Form W-2 can be zero or less than the amount in box 1 Disregarded entities. Disregarded entities (such as an LLC of Form W-2. For instance, recipients of disability pay, certain that is wholly owned by the organization and not treated as a members of the clergy, and religious workers who aren't subject separate entity for federal tax purposes) are generally treated as to social security and Medicare taxes as employees can receive part of the organization rather than as related organizations for compensation that isn't reported in box 5. In that case, the purposes of Form 990, including Part VII and Schedule J (Form amount required to be reported in box 1 of Form W-2 must be 990). A person isn't considered an officer or director of the reported as reportable compensation. organization by virtue of being an officer or director of a disregarded entity, but he or she can qualify as a key employee If an officer, director, trustee, key employee, or highest or highest compensated employee of the organization. An compensated employee of the organization is a foreign person officer, director, or employee of a disregarded entity is a key who received U.S. source income during the calendar year employee of the organization if she or he meets the $150,000 ending with or within the organization's tax year from the filing Test and Top 20 Test for the filing organization as a whole, and if, organization or a related organization, and if such income was for the Responsibility Test, the person has responsibilities, reported in box 2 of Form 1042-S, Foreign Person's U.S. Source powers, or influence over a discrete segment or activity of the 28 2023 Instructions for Form 990 |
Page 29 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. disregarded entity that represents at least 10% of the activities, Compensation from common paymasters, payroll/reporting assets, income, or expenses of the filing organization as a agents, and unrelated organizations or individuals (except for whole, or has or shares authority to control or determine the compensation from management companies or leasing disregarded entity's capital expenditures, operating budget, or companies, and compensation described in Taxable compensation for employees that is at least 10% of the filing organization employee exception, later) must be treated as organization's respective items as a whole. If an officer or reportable compensation in determining whether the dollar director of a disregarded entity also serves as an officer, director, thresholds are met for reporting (1) current or former employees trustee, or key employee of the organization, report this as current or former key employees or highest compensated individual as an officer, director, trustee, or key employee, as employees; or (2) former officers, directors, or trustees, on Form applicable, of the organization, and add the compensation, if 990, Part VII, Section A. If the Form 990, Part VII, thresholds for any, paid by the disregarded entity to this individual to the reporting are met, then the compensation from the common compensation, if any, paid directly by the organization to this paymaster, payroll/reporting agent, or unrelated organization or individual. Report the total aggregate amount in column (D). individual must be reported as compensation from the filing organization in Part VII. The compensation may also need to be A disregarded entity must generally use the EIN of its reported on Schedule J (Form 990), Part II (see the instructions TIP sole member. An exception applies to employment for Form 990, Part VII, Section A, line 5). taxes: for wages paid to employees of a disregarded entity, the disregarded entity must file separate employment tax The use of a leasing company, common paymaster, returns and use its own EIN on such returns. See Regulations ! payroll/reporting agent, or other payroll service provider sections 301.6109-1(h) and 301.7701-2(c)(2)(iv). CAUTION doesn't relieve an employer of its obligation for employment tax liabilities. The IRS strongly suggests that the Management companies. Management companies, as organization doesn't change its address to that of its payroll independent contractors, are reported on Form 990, Part VII, service provider or other third-party payer. Doing so could limit (if at all) only in Section B. Independent Contractors, and aren't the organization’s ability to stay informed of tax matters, because reported on Schedule J (Form 990), Part II. If a current or former the IRS sends correspondence regarding problems with an officer, director, trustee, or key employee has a relationship employer's account to the employer's address of record. with a management company that provides services to the Alternatively, an employer may grant permission for a third-party organization, then the relationship may be reportable on payer to receive copies of IRS correspondence by using Form Schedule L (Form 990), Part IV. A key employee of a 8822-B; Form 2848, Power of Attorney and Declaration of management company must be reported as a current officer of Representative; or Form 8655, Reporting Agent Authorization, as the filing organization if he or she is the filing organization's top appropriate. management official or top financial official or is designated as an officer of the filing organization. However, that person Compensation from unrelated organizations or individuals. doesn't qualify as a key employee of the filing organization solely If a current or former officer, director, trustee, key employee, on the basis of being a key employee of the management or highest compensated employee received or accrued company. If a current or former officer, director, trustee, key compensation or payments from an unrelated organization employee, or highest compensated employee received (other than from management companies or leasing compensation from a management company that provided companies, as discussed above) or an individual for services services to the organization and was a related organization rendered to the filing organization in that person's capacity as an during the tax year, then the individual's compensation from the officer, director, trustee, or employee of the filing organization, management company must be reported on Form 990, Part VII, then the filing organization must report (subject to the Taxable Section A, columns (E) and (F). If the management company organization employee exception next) such amounts as wasn't a related organization during the tax year, the individual’s compensation from the filing organization if it has knowledge of compensation from the management company isn't reportable in the arrangement, whether or not the unrelated organization or Part VII, Section A. Questions pertaining to management the individual treats the amounts as compensation, grants, companies also appear on Form 990, Part VI, line 3; and contributions, or otherwise. Report such compensation from Schedule H (Form 990), Hospitals, Part IV. unrelated organizations in Section A, columns (D) and (F), as appropriate. If the organization can't distinguish between Employee leasing companies and professional employer reportable compensation and other compensation from the organizations. In some cases, instead of hiring a management unrelated organization, report all such compensation in column company, an exempt organization “leases” one or more (D). employees from another company, which may be in the business of leasing employees. Alternatively, the organization may enter Taxable organization employee exception. Don't report as into an agreement with a professional employer organization to compensation any payments from an unrelated taxable perform some or all of the federal employment tax withholding, organization that employs the individual and continues to pay the reporting, and payment functions related to workers performing individual's regular compensation while the individual provides services for the organization. The organization should treat services without charge to the filing organization, but only if the employees of an employee leasing company, a professional unrelated organization doesn't treat the payments as a charitable employer organization (whether or not certified under the new contribution to the filing organization. Certified Professional Employer Organization), or a management Column (A). For each person required to be listed, enter the company as the organization's own employees if such persons name on the top of each row and the person's title or position have the status of employees of the filing organization under the with the organization on the bottom of the row. If more than one usual common law rules applicable in determining the title or position, list all. List persons in the order described under employer-employee relationship or who are treated as Order of reporting, earlier. List each person on only one line. employees of the filing organization for federal employment tax purposes under section 3121(d). See Pub. 1779, Independent Column (B). For each person listed in column (A), estimate the Contractor or Employee, for more information. Otherwise, the average hours per week devoted to the organization during the compensation paid to leasing companies and professional year. Entry of a specific number is required for a complete employer organizations should be treated like compensation to a answer. Enter “-0-” if applicable. Don't include statements such management company for purposes of Form 990 compensation as “as needed,” “as required,” or “40+.” If the average is less than reporting. 2023 Instructions for Form 990 29 |
Page 30 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1 hour per week, then the organization can enter a decimal tax year either (1) by the organization in a lesser capacity other rounded to the nearest tenth (for example, 0.2 hours per week). than as an officer, director, trustee, key employee, or highest For each person listed in column (A), list below the dotted line compensated employee; or (2) by a related organization in any an estimate of the average hours per week (if any) devoted to capacity, but not by the filing organization, and if the person related organizations. received reportable compensation that exceeded the threshold amount described above, then check only the “Former” box. For Column (C). For each person listed in column (A), check the example, don't check both the “Former” and “Officer” boxes for a box that reflects the person's position with the organization former president of the organization who wasn't an officer of the during the tax year. Don't check more than one box, unless the organization during the tax year. person was both an officer and a director/trustee of the Whether or not the organization files Form 990 based on a organization during the tax year. For a former officer, director, fiscal year, use the calendar year ending within the trustee, key employee, or highest compensated employee, organization's tax year to determine all “former” officers, check only the “Former” box and indicate the former status in the directors, trustees, key employees, and five highest person's title. compensated employees (because their status depends on their “Current” officers, directors, trustees, key employees, reportable compensation, which is reported for the calendar and highest compensated employees. A “current” officer, year). director, or trustee is a person that was an officer, director, or trustee at any time during the organization's tax year. A “current” Check the “Former” box for the former five highest key employee or highest compensated employee is a person compensated employees only if all four conditions below apply. who was an employee at any time during the calendar year 1. The individual wasn't an employee of the organization at ending with or within the organization's tax year, and was a key any time during the calendar year ending with or within the employee or highest compensated employee for such calendar organization's tax year. year. 2. The individual was reported (or should have been If the organization files Form 990 based on a fiscal year, use reported, under the instructions in effect for such years) on any the fiscal year to determine the organization's “current” officers, of the organization's Forms 990, 990-EZ, or 990-PF for 1 or more directors, and trustees. Whether or not the organization files of the 5 prior years as one of the five highest compensated Form 990 based on a fiscal year, use the calendar year ending employees. with or within the organization's tax year to determine the 3. The individual's reportable compensation exceeded organization's “current” key employees and five highest $100,000 for the calendar year ending with or within the compensated employees. organization's tax year. Don't check the “Former” box if the person was a current 4. The amount of the individual's reportable compensation officer, director, or trustee at any time during the organization's for such year would place him or her among the organization's tax year, or a current key employee or among the five highest current five highest compensated employees if the individual compensated employees for the calendar year ending with or were an employee during the calendar year ending with or within within the organization's tax year. A current employee (other than the organization's tax year. a current officer, director, trustee, key employee, or highest compensated employee) can be reported on Form 990, Part VII, Example 1. X was reported as one of Y Charity's five highest and Schedule J (Form 990), Part II, as (1) a former director or compensated employees on one of Y's Forms 990, 990-EZ, or trustee because she or he served as a director or trustee within 990-PF from 1 of its 5 prior tax years. During Y’s tax year, X the last 5 years, and received more than $10,000 in reportable wasn't a current officer, director, trustee, key employee, or compensation for the calendar year ending with or within the highest compensated employee of Y. X wasn't an employee of Y organization’s tax year in his or her capacity as a former director during the calendar year ending with or within Y's tax year. or trustee; or (2) a former officer or key employee (but not as a During this calendar year, X received reportable compensation in former highest compensated employee) because he or she excess of $100,000 from Y for past services and would be served as an officer or key employee within the last 5 years and among Y's five highest compensated employees if X were a received more than $100,000 of reportable compensation for the current employee. Y must report X as a former highest calendar year ending with or within the organization’s tax year. In compensated employee on Y's Form 990, Part VII, Section A, for such a case, indicate the individual's former position in his or her Y's tax year. title (for example, “former president”). Example 2. T was reported as one of Y Charity's five highest “Former” officers, directors, trustees, key employees, compensated employees on one of Y's Forms 990, 990-EZ, or and highest compensated employees. Check the “Former” 990-PF from 1 of its 5 prior tax years. During Y’s tax year, T box for former officers, directors, trustees, and key employees wasn't a current officer, director, trustee, key employee, or only if both conditions below apply. highest compensated employee of Y, although T was still an • The organization reported (or should have reported, applying employee of Y during the calendar year ending with or within Y's the instructions in effect for such years) an individual on any of tax year. T received reportable compensation in excess of the organization's Forms 990, 990-EZ, or 990-PF for any 1 or $100,000 from Y and related organizations for such calendar more of the 5 prior years in one or more of the following year. T isn't reportable as a former highest compensated capacities: officer, director, trustee, or key employee. employee on Y's Form 990, Part VII, Section A, for Y’s tax year • The individual received reportable compensation, from the because T was an employee of Y during the calendar year organization and/or related organizations, in the calendar year ending with or within Y's tax year. ending with or within the organization's current tax year in excess of the threshold amount ($100,000 for former officers and Example 3. Z was reported as one of Y Charity's key key employees; $10,000 paid to former directors and trustees for employees on Y's Form 990 filed for 1 of its 5 prior tax years. services rendered in their former capacity as directors or During Y’s tax year, Z wasn't a current officer, director, trustee, trustees). key employee, or highest compensated employee of Y. For the calendar year ending with or within Y’s tax year, Z received If a person was reported (or should have been reported) as reportable compensation of $90,000 from Y as an employee an officer, director, trustee, or key employee on any of the (and no reportable compensation from related organizations). organization's prior five Forms 990, 990-EZ, or 990-PF, and if the Because Z received less than $100,000 reportable person was still employed at any time during the organization's 30 2023 Instructions for Form 990 |
Page 31 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. compensation for the calendar year ending with or within Y’s tax pertinent instructions and definitions for Form 990, Part VII, year from Y and its related organizations, Y isn't required to Section A, columns (E) and (F). report Z as a former key employee on Y's Form 990, Part VII, Short year and final returns. For a short year return in Section A, for Y’s tax year. which there is no calendar year that ends with or within the short Columns (D) and (E). Enter the amounts required to be year, leave columns (D) and (E) blank, and don't report any key reported (whether or not actually reported) in box 1 or 5 of Form employees, highest compensated employees, or highest W-2 (whichever is greater), box 1 of Form 1099-NEC, and/or compensated independent contractors (because such box 6 of Form 1099-MISC, issued to the person for the calendar persons are determined according to compensation received in year ending with or within the organization's tax year. Enter an the calendar year ending with or within the tax year for which the amount for each person in each of columns (D) and (E). Enter return is filed), unless the return is a final return. If the return is a “-0-” if the person received no reportable compensation. For final return, report the compensation that is reportable institutional trustees that don't receive a Form 1099-NEC or compensation on Forms W-2 and 1099 for the short year, from 1099-MISC, enter the amount that the organization would have both the filing organization and related organizations, whether or reported in box 1 of Form 1099-NEC or box 6 of Form not Forms W-2 or 1099 have been filed yet to report such 1099-MISC if the form(s) had been required. compensation. Reportable compensation paid to the person by a related Column (F). Other compensation generally includes organization at any time during the entire calendar year ending compensation not currently reportable in box 1 or 5 of Form W-2, with or within the filing organization's tax year should be reported in box 1 of Form 1099-NEC, or in box 6 of Form 1099-MISC, in column (E). If the related organization was related to the filing including nontaxable benefits other than disregarded benefits, as organization for only a portion of the tax year, then the filing discussed under Disregarded benefits, later, and in the organization may choose to report only compensation paid or instructions for Schedule J (Form 990), Part II. Treat amounts accrued by the related organization during the time it was paid or accrued under a deferred compensation plan, or held actually related. If the filing organization reports compensation by a deferred compensation trust, that is established, on this basis, it must explain on Schedule O (Form 990) and sponsored, or maintained by the organization (or a related state the period during which the related organization was organization) as paid, accrued, or held directly by the related. organization (or the related organization). Deferred $10,000-per-related-organization exception. For purposes compensation to be reported in column (F) includes of column (E), the organization need not include payments from compensation that is earned or accrued in one year and deferred a single related organization if it is less than $10,000 for the to a future year, whether or not funded, vested, qualified or calendar year ending with or within the organization's tax year, nonqualified, or subject to a substantial risk of forfeiture. But except to the extent paid to a former director or former trustee don't report in column (F) a deferral of compensation that causes of the filing organization for services as a director or trustee of an amount to be deferred from the calendar year ending with or the organization. For example, if an officer of the organization within the tax year to a date that isn't more than 2 / months after 1 2 received compensation of $6,000, $15,000, and $50,000 from the end of the calendar year ending with or within the tax year if three separate related organizations for services provided to such compensation is currently reported as reportable those organizations, the organization needs to report only compensation. $65,000 in column (E) for the officer. Enter an amount in column (F) for each person listed in Part Volunteer exception. The organization need not report in VII, Section A. (Enter “-0-” if applicable.) Report a reasonable column (E) or (F) compensation from a related organization paid estimate if actual numbers aren't readily available. to a volunteer officer director, , or trustee of the filing Other compensation paid to the person by a related organization if the related organization is a for-profit organization; organization at any time during the calendar year ending with or isn't owned or controlled, directly or indirectly, by the within the filing organization's tax year should be reported in organization or one or more related tax-exempt organizations; column (F). If the related organization was related to the filing and doesn't provide management services for a fee to the organization for only a portion of the tax year, then the filing organization. organization may choose to report only other compensation paid Bank or financial institution trustee. If the organization is a or accrued by the related organization during the time it was trust with a bank or financial institution trustee that is also a actually related. If the filing organization reports compensation trustee of another trust, it need not report in column (E) or (F) on this basis, it must explain on Schedule O (Form 990) and compensation from the other trust for services provided as the state the period during which the related organization was trustee to the other trust, because the other trust isn't a related related. organization (see the Glossary definition of related The following items of compensation provided by the filing organization). organization and related organizations must be reported as Reasonable effort. The organization isn't required to report “other compensation” in column (F) in all cases regardless of the compensation from a related organization to a person listed on amount, to the extent they aren't included in column (D). Form 990, Part VII, Section A, if the organization is unable to secure the information on compensation paid by the related 1. Tax-deferred contributions by the employer to a qualified organization after making a reasonable effort to obtain it, and if defined contribution retirement plan. it is unable to make a reasonable estimate of such 2. The annual increase or decrease in actuarial value of a compensation. If the organization makes reasonable efforts but qualified defined benefit plan, whether or not funded or vested. is unable to obtain the information or provide a reasonable 3. The value of health benefits provided by the employer, or estimate of compensation from a related organization in column paid by the employee with pre-tax dollars, that aren't included in (E) or (F), then it must report the efforts undertaken on reportable compensation. For this purpose, health benefits Schedule O (Form 990). An example of a reasonable effort is for include (1) payments of health benefit plan premiums, (2) the organization to distribute a questionnaire annually to each of medical reimbursement and flexible spending programs, and (3) its current and former officers, directors, trustees, key the value of health coverage (rather than actual benefits paid) employees, and highest compensated employees that includes provided by an employer's self-insured or self-funded the name and title of each person reporting information, blank arrangement. Health benefits include dental, optical, drug, and lines for those persons' signatures and signature dates, and the medical equipment benefits. They don't include disability or 2023 Instructions for Form 990 31 |
Page 32 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. long-term care insurance premiums or allocated benefits for this compensation (excluding the excludable items below $10,000) is purpose. $11,000. Under these circumstances, the officer's dependent 4. Tax-deferred contributions by the employer and employee care, group life, and tuition assistance items need not be to a funded nonqualified defined contribution plan, and deferrals reported as other compensation on Form 990, Part VII, under an unfunded nonqualified defined contribution plan, Section A, column (F), and the officer's total reportable and other whether or not such plans are vested or subject to a substantial compensation ($142,000) isn't reportable on Schedule J (Form risk of forfeiture. See the examples in the Schedule J (Form 990), 990). If, instead, the officer's reportable compensation from Y Part II, instructions. were $30,000 rather than $21,000, then the officer's total reportable and other compensation ($151,000) would be 5. The annual increase or decrease in actuarial value of a reportable on Schedule J (Form 990), including the dependent nonqualified defined benefit plan, whether or not funded, vested, care, group life, and tuition assistance items, even though these or subject to a substantial risk of forfeiture. items wouldn't have to be reported as other compensation on $10,000-per-item exception. Except for the five items listed Form 990, Part VII. above, neither the organization nor a related organization is Example 2. Organization S provides health benefits to B (its required to report on Form 990, Part VII, Section A, any item of CEO) under a self-insured medical reimbursement plan. The “other compensation” (as set forth in the compensation table value of the plan benefits for the tax year is $10,000, which beginning later) if its total value is less than $10,000 for the represents the estimated cost of providing coverage for the year calendar year ending with or within the organization's tax year. if the employer paid a third-party insurer for similar benefits, as Amounts excluded under the two separate $10,000 determined on an actuarial basis. The actual benefits paid for B exceptions (the $10,000-per-related-organization and and B's family for the year are $30,000. If the benefits aren't $10,000-per-item exceptions) are to be excluded from reportable compensation to B, then Organization S must report compensation in determining whether an individual's total the $10,000 value of plan benefits as other compensation to B reportable compensation and other compensation exceeds on Form 990, Part VII, Section A, column (F). the thresholds set forth on Form 990, Part VII, Section A, line 4. If Disregarded benefits. Disregarded benefits under Regulations the individual's total compensation exceeds the relevant section 53.4958-4(a)(4) need not be reported in column (F). threshold, then the amounts excluded under the $10,000 Disregarded benefits generally include fringe benefits excluded exceptions are included in the individual's compensation from gross income under section 132. These benefits include: reported on Schedule J (Form 990). Thus, the total amount of • No-additional cost service, compensation reported on Schedule J (Form 990) can be higher • Qualified employee discount, than the amount reported on Form 990, Part VII, Section A. • Working condition fringe, The $10,000-per-item exception applies separately for each • De minimis fringe, item of other compensation from the organization and from each • Qualified transportation fringe, related organization. • Qualified retirement planning services, and Example 1. Organization X provides the following • Qualified military base realignment and closure fringe. compensation to its current officer. For descriptions of each of these disregarded benefits, see the Instructions for Schedule J (Form 990). $110,000 Reportable compensation (including pre-tax employee Short year and final returns. For a short year return in which contributions of $5,000 to a qualified defined contribution there is no calendar year that ends with or within the short year, retirement plan and $2,500 to a qualified health benefit plan) leave column (F) blank, unless the return is a final return. If the 5,000 Tax-deferred employer contribution to qualified defined return is a final return, report the other compensation for the contribution retirement plan short year from both the filing organization and related 5,000 Nontaxable employer contributions to health benefit plan organizations. 4,000 Nontaxable dependent care assistance 500 Nontaxable group life insurance premium Compensation table for reporting on Part VII, Section A; or Schedule J (Form 990), Part II. The following table may be useful in determining how and where to report items of Organization Y, a related organization, also provides compensation on Form 990, Part VII, Section A, and on compensation to the officer as follows. Schedule J (Form 990), Part II. The list isn't comprehensive but covers most items for most organizations. Many items of compensation may or may not be taxable or currently taxable, $21,000 Reportable compensation (including $1,000 pre-tax depending on the plan or arrangement adopted by the employee contribution to qualified defined contribution retirement plan) organization and other circumstances. The list attempts to take 1,000 Tax-deferred employer contribution to qualified defined into account these varying facts and circumstances. The list is contribution retirement plan merely a guideline to report amounts for those persons required 5,000 Nontaxable tuition assistance to be listed. In all cases, items included in box 1 or 5 of Form W-2 (whichever is greater), in box 1 of Form 1099-NEC, and/or in box 6 of Form 1099-MISC are required to be reported on Part VII, Section A, and, for applicable persons, Schedule J (Form The officer receives no compensation in the capacity as a 990), Part II, column (B). Items listed as “taxable” or “taxable in former director or trustee of X, and no unrelated organization current year” are currently includible in reportable compensation, pays the officer for services provided to X. The organization can but aren't necessarily subject to federal income tax in the current disregard as other compensation (a) the $4,500 in dependent year. care and group life insurance payments from the organization (under the $10,000-per-item exception), and (b) the $5,000 in Any item listed in the following compensation table that isn't tuition assistance from the related organization (under the followed by a star (x) or asterisk (*) in any column shouldn't be $10,000-per-item exception) in determining whether the officer's reported on Part VII, Section A; or in Schedule J (Form 990), Part total reportable and other compensation from the organization II. and related organizations exceeds $150,000. In this case, total reportable compensation is $131,000, and total other 32 2023 Instructions for Form 990 |
Page 33 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Where To Report Form 990, Part VII, Section A, column (D) or (E) Form 990, Part VII, Section A, column Type of Compensation (F) Schedule J Schedule J (Form Schedule J (Form Schedule J (Form Schedule J (Form (Form 990), Part 990), Part II, 990), Part II, 990), Part II, 990), Part II, II, column B(i) column B(ii) column B(iii) column C column D Base salary/wages/fees paid x Base salary/wages/fees deferred (taxable) x Base salary/wages/fees deferred (nontaxable) x Bonus paid (including signing bonus) x Bonus deferred (taxable in current year) x Bonus deferred (not taxable in current year) x Incentive compensation paid x Incentive compensation deferred (taxable in x current year) Incentive compensation deferred (not taxable in x current year) Severance or change of control payments made x Sick pay paid by employer x Third-party sick pay x Other compensation amounts deferred (taxable in x current year) Other compensation amounts deferred (not x taxable in current year) Tax gross-ups paid x Vacation/sick leave cashed out x Stock options at time of grant x Stock options at time of exercise x Stock awards paid by taxable organizations x substantially vested Stock awards paid by taxable organizations not x substantially vested Stock equivalents paid by taxable organizations x substantially vested Stock equivalents paid by taxable organizations x not substantially vested Loans—forgone interest or debt forgiveness x Contributions (employer) to qualified retirement x plan Contributions (employee deferrals) to section x 401(k) plan Contributions (employee deferrals) to section x 403(b) plan Qualified or nonqualified retirement plan defined x benefit accruals (reasonable estimate of increase or decrease in actuarial value) Qualified retirement (defined contribution) plan investment earnings or losses (not reportable or other compensation) Taxable distributions from qualified retirement plan, including section 457(b) eligible governmental plan (reported on Form 1099-R but not reportable or other compensation on Form 990) 2023 Instructions for Form 990 33 |
Page 34 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Where To Report Form 990, Part VII, Section A, column (D) or (E) Form 990, Part VII, Section A, column Type of Compensation (F) Schedule J (Form Schedule J (Form Schedule J (Form Schedule J (Form Schedule J (Form 990), Part II, 990), Part II, 990), Part II, 990), Part II, 990), Part II, column B(i) column B(ii) column B(iii) column C column D Distributions from nongovernmental section 457(b) x plan Amounts includible in income under section 457(f) x Amounts deferred by employer or employee (plus x earnings) under section 457(b) plan (substantially vested) Amounts deferred by employer or employee under x section 457(b) or 457(f) plan (not substantially vested) Amounts deferred under nonqualified defined x contribution plans (substantially vested) Amounts deferred under nonqualified defined x contribution plans (not substantially vested) Earnings or losses of nonqualified defined x contribution plan (substantially vested) Earnings or losses of nonqualified defined contribution plan (not substantially vested) Scholarships and fellowship grants (taxable) x Health benefit plan premiums paid by employer x (taxable) Health benefit plan premiums paid by the employee x (taxable) Health benefit plan premiums (nontaxable) x Medical reimbursement and flexible spending x programs (taxable) Medical reimbursement and flexible spending x programs (nontaxable) Other health benefits (taxable) x Other health benefits (nontaxable) x Life, disability, or long-term-care insurance (taxable) x Life, disability, or long-term-care insurance * (nontaxable) Split-dollar life insurance (see Notice 2002-8, 2002-1 x C.B. 398) Housing provided by employer or ministerial housing x allowance (taxable) Housing provided by employer or ministerial housing * allowance (nontaxable) (but see Schedule J instructions regarding working condition fringes) Personal legal services (taxable) x Personal legal services (nontaxable) * Personal financial services (taxable) x Personal financial services (nontaxable) * Dependent care assistance (taxable) x Dependent care assistance (nontaxable) * Adoption assistance (taxable) x Adoption assistance (nontaxable) * Tuition assistance for family (taxable) x 34 2023 Instructions for Form 990 |
Page 35 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Where To Report Form 990, Part VII, Section A, column (D) or (E) Form 990, Part VII, Section A, column Type of Compensation (F) Schedule J (Form Schedule J (Form Schedule J (Form Schedule J (Form Schedule J (Form 990), Part II, 990), Part II, 990), Part II, 990), Part II, 990), Part II, column B(i) column B(ii) column B(iii) column C column D Tuition assistance for family (nontaxable) * Cafeteria plans (nontaxable health benefit) x Cafeteria plans (nontaxable benefit other than health) * Liability insurance (taxable) x Employer-provided automobile (taxable) x Employer-subsidized parking (taxable) x Travel (taxable) x Moving (taxable) x Meals and entertainment (taxable) x Social club dues (taxable) x Spending account (taxable) x Gift cards x Disregarded benefits under Regulations section 53.4958-4(a)(4) (see Schedule J, Part II, instructions) Note. Items marked with an asterisk (*) instead of a star (x) are $10,000 of reportable compensation (Part VII, Section A, excludable from Form 990, Part VII, Section A, column (F), if columns (D) and (E)) during the year from the organization or below $10,000. related organizations. To determine whether an individual received or accrued more than $10,000 in reportable Line 1b. Report the subtotals of compensation from the compensation solely in the capacity as a former trustee or Section A, line 1a, table in line 1b, columns (D), (E), and (F). director of the organization, add the amounts reported in box 1 of Line 1c. Report the subtotals of compensation from duplicate all Forms 1099-NEC, and, if applicable, box 1 or 5 of all Forms Section A tables for filers that report more than 25 persons in the W-2 (whichever is greater), and/or issued to the individual by the Section A, line 1a, table in line 1c, columns (D), (E), and (F). organization and all related organizations, to the extent that such Line 1d. Add the totals of lines 1b and 1c in line 1d for columns amounts relate to the individual's past services as a trustee or (D), (E), and (F). director of the organization and not of a related organization. The $10,000-per-related-organization exception doesn't apply for this Line 2. Report the total number of individuals, both those listed purpose. in the Part VII, Section A, table, and those not listed, to whom the filing organization (not related organizations) paid over Line 4. Complete Schedule J (Form 990) for each individual $100,000 in reportable compensation during the tax year. listed in Section A who received or accrued more than $150,000 of reportable and other compensation from the organization and Line 3. Complete Schedule J (Form 990) for each of the related organizations. To determine whether any listed individual following persons. received or accrued more than $150,000 of reportable and other • Each individual listed in Part VII, Section A, as a former compensation, add all compensation included in Part VII, officer, former key employee, or former highest Section A, columns (D), (E), and (F), but disregard any compensated employee. To determine whether an individual decreases in the actuarial value of defined benefit plans. received more than $100,000 in reportable compensation in The following chart explains which officers directors, , the aggregate from the organization and related organizations, trustees key employees, , and highest compensated add the amounts reported in box 1 or 5 of all Forms W-2 employees must be reported on Form 990, Part VII, Section A, (whichever is greater), in box 1 of all Forms 1099-NEC, and/or in and on Schedule J (Form 990). See also Line 5, later, for box 6 of all Forms 1099-MISC issued to the individual by the additional individuals who must be reported on Schedule J organization and all related organizations (disregarding amounts (Form 990), Part II. from a related organization if below $10,000) for the calendar year ending with or within the organization's tax year. • Each individual that received, solely in the capacity as a former director or former trustee of the organization, more than 2023 Instructions for Form 990 35 |
Page 36 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Matrix for Part VII, Section A, Lines 3 and 4 Enter on Form 990, Part VII, Enter on Schedule J (Form 990), Position Current or former Section A . . . Part II . . . If reportable and other compensation is greater than $150,000 in the aggregate Current All from organization and related organizations (don't report institutional Directors and Trustees trustees) If reportable compensation in capacity Former as former director or trustee is greater If listed on Form 990, Part VII, Section A than $10,000 in the aggregate from (don't report institutional trustees) organization and related organizations If reportable and other compensation is Current All greater than $150,000 in the aggregate from organization and related Officers organizations If reportable compensation is greater Former than $100,000 in the aggregate from If listed on Form 990, Part VII, Section A organization and related organizations Current All All Key Employees If reportable compensation is greater Former than $100,000 in the aggregate from If listed on Form 990, Part VII, Section A organization and related organizations If reportable compensation is greater If reportable and other compensation is Current than $100,000 in the aggregate from greater than $150,000 in the aggregate Other Five Highest Compensated organization and related organizations from organization and related organizations Employees If reportable compensation is greater Former than $100,000 in the aggregate from If listed on Form 990, Part VII, Section A organization and related organizations Line 5. Complete Schedule J (Form 990) for any individual management official of the organization, must be listed as an listed on Form 990, Part VII, Section A, if the person receives or officer of the organization in Part VII, Section A. However, the accrues compensation from an unrelated organization (other amounts paid by B to A require that the organization answer than from management companies and leasing companies, as “Yes” on line 5 and complete Schedule J (Form 990) about A. discussed earlier) for services rendered to the filing organization Example 2. C is an attorney employed by a law firm that isn't in the person's capacity as an officer director trustee, , , or a related organization to the organization. The organization and employee of the filing organization. Also, specify on Schedule J the law firm enter into an arrangement where C serves the (Form 990), Part III, the name of the unrelated organization, the organization, a section 501(c)(3) legal aid society pro bono, on a type and amount of compensation it paid or accrued, and the full-time basis as its vice president and as a board member while person receiving or accruing such compensation. See continuing to receive her regular compensation from the law firm. Compensation from unrelated organizations or individuals, The organization doesn't provide any compensation to C for the earlier. services provided by C to the organization, and doesn't report For purposes of line 5, disregard: C's compensation on Form W-2, Form 1099-NEC, or Form 1099-MISC. The law firm doesn't treat any part of C's 1. Payments from a deferred compensation trust or plan compensation as a charitable contribution to the legal aid established, sponsored, or maintained by the organization (or a society. Under these circumstances, the amounts paid by the law related organization), and deferred compensation held by such firm to C don't require that the organization answer “Yes” on trust or plan; line 5 about C. Also, nothing in these facts would prevent C from 2. Payments from a common paymaster for services qualifying as an independent member of the organization's provided to the organization (or to a related organization); or governing body for purposes of Form 990, Part VI, line 1b. 3. Payments from an unrelated taxable organization that Example 3. D, a volunteer director of the organization, is employs the individual and continues to pay the individual's also the sole owner and CEO of M management company (an regular compensation while the individual provides services unrelated organization), which provides management services to without charge to the filing organization, but only if the unrelated the organization. The organization pays M an annual fee of organization doesn't treat the payments as a charitable $150,000 for management services. Under the circumstances, contribution to the filing organization. the amounts paid by M to D (in the capacity as owner and CEO Example 1. A is the CEO (and the top management of M) don't require that the organization answer “Yes” on line 5 official) of the organization. In addition to compensation paid by regarding D. However, the organization must report the the organization to A, A receives payments from B, an unrelated transaction with M, including the relationship between D and M, corporation (using the definition of relatedness on Schedule R on Schedule L (Form 990), Part IV. Also, D doesn't qualify as an (Form 990)), for services provided by A to the organization. B independent member of the organization's governing body also makes rent payments for A's personal residence. The because D receives indirect financial benefits from the organization is aware of the compensation arrangement between organization through M that are reportable on Schedule L (Form A and B, and doesn't treat the payments as paid by the 990), Part IV. organization for Form W-2 reporting purposes. A, as the top 36 2023 Instructions for Form 990 |
Page 37 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Section B. Five Highest Compensated purposes. Also report here any revenue that is excludable from gross income other than by section 512, 513, or 514, such as Independent Contractors interest on state and local bonds that is excluded from tax by Complete this table for the five highest compensated section 103. independent contractors that received more than $100,000 in compensation for services, whether professional or other Column (C). In column (C), report any unrelated business services, from the organization. Independent contractors include revenue received by the organization during the tax year from organizations as well as individuals and can include professional an unrelated trade or business, unless that revenue is fundraisers, law firms, accounting firms, publishing companies, reportable in Part VIII, column (D). See Pub. 598 and the management companies, and investment management Instructions for Form 990-T for more information. companies. Don't report public utilities or insurance providers as A section 501(c)(3) organization that is an S corporation independent contractors. See Pub. 1779, and Pub. 15-A, TIP shareholder must treat all allocations of income from the Employer's Supplemental Tax Guide, for distinguishing S corporation as unrelated business income. Gain on employees from independent contractors. the disposition of stock is also treated as unrelated business Column (C). Enter the amount the organization paid, whether income. See section 512(e). reported in box 1 of Form 1099-NEC, in box 6 of Form 1099-MISC, or paid under the parties' agreement or applicable Column (D). In column (D), report any revenue excludable from state law, for the calendar year ending with or within the unrelated business income by section 512, 513, or 514. organization's tax year. Examples of such revenue include receipts from the sale of donated merchandise, interest (unless debt-financed), and For a short year return in which there is no calendar year that receipts from bingo games. ends with or within the short year, don't report any information in columns (A) through (C), unless the return is a final return. If the Neither Form 5500 nor DOL Forms LM-2 or LM-3, Labor return is a final return, report the compensation paid to the Organization Annual Report, should be substituted for the Form independent contractor(s) under the parties' agreement during 990, Part VIII or IX. the short year or the compensation that is reportable compensation on Form 1099 for the short year, whether or not Line 1. In General Form 1099 has been filed yet to report such compensation. On lines 1a through 1f, report cash and noncash amounts Compensation includes fees and similar payments to received as voluntary contributions, gifts, grants, or other independent contractors but not reimbursement of expenses similar amounts from the general public, governmental units, unless incidental to providing the service. However, for this foundations, and other exempt organizations. The general public purpose, the organization must report gross payments to the includes individuals, corporations, trusts, estates, and other independent contractor that include expenses and fees if the entities. Voluntary contributions are payments, or the part of any expenses aren't separately reported to the organization. payment, for which the payer (donor) doesn't receive fair market value (FMV) from the recipient (donee) organization. Form 1099-NEC and/or Form 1099-MISC may be Contributions are reported on line 1 regardless of whether they TIP required to be issued for payments to an independent are deductible by the contributor. The noncash portion of contractor, with compensation reported in box 1 of Form contributions reported on lines 1a through 1f is also reported on 1099-NEC and/or box 6 of Form 1099-MISC. line 1g. Report gross amounts of contributions collected in the Part VIII. Statement of Revenue organization's name by fundraisers. Check the box in the heading of Part VIII if Schedule O (Form 990) contains any information pertaining to this part. Report all expenses of raising contributions on Part IX, column (D), Fundraising expenses. The organization must enter Column (A). All organizations must complete column (A), on Part IX, line 11e, fees for professional fundraising services reporting their gross receipts for all sources of revenue. All relating to the gross amounts of contributions collected in the organizations (except section 527 political organizations) must organization's name by professional fundraisers. complete columns (B) through (D), which must add up to the amount in column (A) for each line in Part VIII. Refer to the Report on line 1 assets contributed to the organization by specific instructions in this part for completing each column. another entity in the course of the entity's liquidation, dissolution, or termination. If the organization enters an amount in column (A) for TIP lines 2a through 2e or lines 11a through 11c, it must also Report the value of noncash contributions at the time of the enter a corresponding business activity code from donation. For example, report the FMV of a donated car at the Business Activity Codes, later. If none of the listed codes, or time the car was received as a donation. other 6-digit codes listed on the North American Industry Don't net losses from uncollectible pledges from prior years, Classification System (NAICS) website at 2022 NAICS Census refunds of contributions and service revenue from prior years, or Chart, accurately describe the activity, enter “900099.” Use of reversal of grant expenses from prior years on line 1. Rather, these codes doesn't imply that the business activity is unrelated report any such items as “Other changes in net assets or fund to the organization's exempt purpose. For nonstore retailers, balances” on Part XI, line 9, and explain on Schedule O (Form select the principal business activity (PBA) code by the primary 990). product that your establishment sells. For example, establishments primarily selling prescription and The organization must report any contributions of non-prescription drugs, select PBA code 456110 Pharmacies conservation easements and other qualified conservation and drug retailers. contributions consistently with how it reports revenue from such contributions in its books, records, and financial Column (B). In column (B), report all revenue from activities statements. substantially related to the organization's exempt purposes. Use Reporting on line 1 according to ASC 958 is generally of revenue for the organization's exempt purposes doesn't make acceptable (though not required) for Form 990 purposes, but the the activity that produced the income (for example, fundraising value of donated services or use of materials, equipment, or activity) substantially related to the organization's exempt facilities may not be reported. An organization that receives a 2023 Instructions for Form 990 37 |
Page 38 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. grant to be paid in future years should, according to ASC 958, concert series before they go on sale to the general public, but report the grant's present value on line 1. Accruals of present must pay the same price as any other member of the public. value increments to the unpaid grant should be reported on They are also entitled to attend a number of rehearsals each line 1 in future years. season without charge. Under these circumstances, M's receipts from members are contributions reported on line 1b. Contributions don't include the following. Membership dues that aren't contributions because they • Grants, fees, or other support from governmental units, compare reasonably with available benefits are reported on foundations, or other exempt organizations that represent a line 2, Program Service Revenue. payment for a service, facility, or product that primarily gives Membership dues can consist of both contributions and some economic or physical benefit to the payer. payment for goods and services. In that case, the portion of the • The portion of any fundraising solicitation representing membership dues that is a payment for goods or services should payment for goods, services, or anything else at retail value. be reported on line 2, Program Service Revenue. The portion • Unreimbursed expenses of officers, employees, or that exceeds the FMV of the goods or services provided should volunteers. (See the explanations of charitable contributions be reported on line 1b. and employee business expenses in Pub. 526 and Pub. 463, respectively.) The portion of membership dues attributable to certain • Payments received from employers for welfare benefits under membership benefits that are considered to be insubstantial (for plans described in sections 501(c)(9), (17), and (18). Report example, low-cost articles, free or discounted admission to the these amounts on line 2, Program Service Revenue. organization's activities, discounts on purchases from the • Donations of services such as the value of donated organization's gift shop, free or discounted parking) may be advertising space, broadcast air time (including donated public reported as contributions on line 1, rather than as payments for service announcements), or discounts on services or donations goods or services on line 2. See Pub. 1771, Charitable of use of materials, equipment, or facilities, even though Contributions—Substantiation and Disclosure Requirements, for reporting donated services and facilities as items of revenue and more information on insubstantial membership benefits that expense is called for in certain circumstances by GAAP. The need not be valued or reported. optional reporting of donated services and facilities is discussed Line 1c. Enter the total amount of contributions received from in the instructions for Form 990, Part III. fundraising events, which includes, but isn't limited to, dinners, Example 1. A hotel in a city's entertainment district donates auctions, and other events conducted for the sole or primary 100 “right to use” certificates covering 15 hotel rooms a night to purpose of raising funds for the organization's exempt activities. disaster relief organization B. B then uses these certificates as Report contributions received from gaming activities on line 1f, emergency housing in furtherance of its exempt purposes. B not on line 1c. shouldn't report the value of this contribution on line 1 (or on any Example. An organization holds a dinner, charging $400 per other line in Part VIII), because this is a donation of services and person for the meal. The dinner has a retail value of $160. A use of facilities to B. Similarly, if B were to auction off the person who purchases a ticket is really purchasing the dinner for certificates as part of a fundraising event, B shouldn't report the $160 and making a contribution of $240. The contribution of value of the contributed certificates on line 1 (or on any other line $240, which is the difference between the buyer's payment and in Part VIII). Rather, it should report gross income from the the retail value of the dinner, would be reported on line 1c and auction on Part VIII, line 8a. again on line 8a (within parentheses). The revenue received Example 2. Organization C purchases 100 “right to use” ($160 retail value of the dinner) would be reported in the certificates (as described in Example 1 above) from the hotel, right-hand column on line 8a. then contributes them to disaster relief organization B and If a contributor gives more than $160, that person would be designates that they be used for disaster relief purposes. B making a contribution of the difference between the dinner's should report the FMV of these certificates on line 1. If B were to retail value of $160 and the amount actually given. Rev. Rul. auction off the certificates as part of a fundraising event, then 67-246, 1967-2 C.B. 104, as distinguished by Rev. Rul. 74-348, use the proceeds for disaster relief purposes, B should report the 1974-2 C.B. 80, explains this principle in detail. See also the gross income from the auction on Part VIII, line 8a; report the instructions for lines 8a through 8c and Pub. 526. FMV of the contributed certificates on line 8b; and report the Organizations that report more than $15,000 total on lines 1c difference between lines 8a and 8b on line 8c. and 8a must also answer “Yes” on Part IV, line 18, and complete Line 1a. Enter on line 1a the total amount of contributions Part II of Schedule G (Form 990). received indirectly from the public through solicitation campaigns Line 1d. Enter on line 1d amounts contributed to the conducted by federated fundraising agencies and similar organization by related organizations. Don't report amounts fundraising organizations (such as from a United Way reportable on line 1a. organization). Federated fundraising agencies normally conduct fundraising campaigns within a single metropolitan area or some Line 1e. Enter the total amount of contributions in the form of part of a particular state, and allocate part of the net proceeds to grants or similar payments from local, state, or federal each participating organization on the basis of the donors' government sources, as well as foreign governments. Include individual designations and other factors. grant amounts from U.S. territories. Federated fundraising agencies must, like all other filers, Whether a payment from a governmental unit is labeled a TIP identify the sources of contributions made to them on “grant” or a “contract” doesn't determine where the payment lines 1a through 1g. should be reported on Part VIII. Rather, a grant or other payment from a governmental unit is reported here if its primary purpose Line 1b. Report on line 1b membership dues and assessments is to enable the organization to provide a service to, or maintain that represent contributions from the public rather than a facility for, the direct benefit of the public rather than to serve payments for benefits received or payments from affiliated the direct and immediate needs of the governmental unit. In organizations. other words, the payment is recorded on line 1e if the general public receives the primary and direct benefit from the payment Example. M is an organization whose primary purpose is to and any benefit to the governmental unit is indirect and support the local symphony orchestra. Members have the insubstantial as compared to the public benefit. privilege of purchasing subscriptions to the symphony's annual 38 2023 Instructions for Form 990 |
Page 39 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The following are examples of governmental grants and other Program service revenue. Program service revenue includes payments that are treated as contributions and reported on income earned by the organization for providing a government line 1e. agency with a service, facility, or product that benefited that • Payments by a governmental unit for the construction or government agency directly rather than benefiting the public as a maintenance of library or museum facilities open to the public. whole. Program service revenue also includes tuition received by • Payments by a governmental unit to nursing homes to provide a school; revenue from admissions to a concert or other care to their residents (but not Medicare/Medicaid or similar performing arts event or to a museum; royalties received as payments made on behalf of the residents). author of an educational publication distributed by a commercial • Payments by a governmental unit to child placement or child publisher; interest income on loans a credit union makes to its guidance organizations under government programs to better members; payments received by a section 501(c)(9) serve children in the community. organization from participants or employers of participants for Line 1f. Enter all other contributions, gifts, and similar health and welfare benefits coverage; insurance premiums amounts the organization received from sources not reported received by a fraternal beneficiary society; and registration fees separately on lines 1a through 1e. This amount includes received in connection with a meeting or convention. contributions from donor advised funds (unless the Program-related investments. Program service revenue also sponsoring organization is a related organization) and from includes income from program-related investments. These gaming activities. For a section 501(c)(21) trust, enter the total investments are made primarily to accomplish an exempt contributions received under section 192 from the coal mine purpose of the investing organization rather than to produce operator who established the trust. Contributions to the trust income. Examples are scholarship loans and low-interest loans must be in cash or property of the type in which the trust is to charitable organizations, indigents, or victims of a disaster. permitted to invest (for example, public debt securities of the United States, obligations of a state or local government that are Rental income from an exempt function is another example of not in default as to principal or interest, or time and demand program-related investment income. For purposes of this return, deposits in a bank or insured credit union as described in section report all rental income from an affiliated organization on line 2. 501(c)(21)(D)(ii)). Unrelated trade or business activities. Unrelated trade or Line 1g. Enter on line 1g the value of noncash contributions business activities (not including any fundraising events or included on lines 1a through 1f. If this amount exceeds $25,000, fundraising activities) that generate fees for services can also the organization must answer “Yes” on Part IV, line 29, and be program service activities. A social club, for example, should complete and attach Schedule M (Form 990). report as program service revenue the fees it charges both members and nonmembers for the use of its tennis courts and Noncash contributions are anything other than cash, checks, golf course. money orders, credit card charges, wire transfers, and other transfers and deposits to a cash account of the organization. Sales of inventory items by hospitals, colleges, and univer- Value noncash donated items, like cars and securities, as of the sities. Books and records maintained according to GAAP for time of their receipt, even if they were sold immediately after they hospitals, colleges, and universities are more specialized than were received. books and records maintained according to those accounting principles for other types of organizations that file Form 990. Example. A charity receives a gift of stock from an unrelated Accordingly, hospitals, colleges, and universities can report, as donor. The stock is delivered to the charity's broker, who sells it program service revenue on line 2, sales of inventory items on the same day and remits the sales proceeds, net of otherwise reportable on line 10a. In that event, enter the commissions, to the charity. The value of the stock at the time of applicable cost of goods sold as program service expenses in the contribution must be reported on line 1f and also on line 1g. column (B) of Part IX. No other organizations should report sales The sale of the stock, and the related sales expenses (including of inventory items on line 2. the amounts reported on lines 1f and 1g), must be reported on lines 7a through 7d. Common types of program service revenue. • Medicare and Medicaid payments, and other government Museums and other organizations that elect not to payments made to pay or reimburse the organization for medical TIP capitalize their collections (according to ASC services provided to individuals who qualify under a government 958-360-45) shouldn't report an amount on line 1g for program for the services provided, and who select the service works of art and other collection items donated to them. provider. See Rev. Rul. 83-153, 1983-2 C.B. 48. For more information on noncash contributions, see the • Payments for medical services by patients and their instructions for Schedule M (Form 990). guarantors. • Fees and contracts from government agencies for a service, Line 1h. Enter on line 1h the total of lines 1a through 1f (but not facility, or product that primarily benefited the government line 1g). agencies. The organization may also need to attach Schedule B Example 1. A payment by a governmental agency to a TIP (Form 990) to report certain contributors and their medical clinic to provide vaccinations to the general public is a contributions. See the instructions for Schedule B contribution reported on line 1e. A payment by a governmental (Form 990) for more information. agency to a medical clinic to provide vaccinations to employees of the agency is program service revenue reported on line 2. Line 2. On lines 2a through 2e, enter the organization's five largest sources of program service revenue. Program services Example 2. A payment by a governmental agency to an are primarily those that form the basis of an organization's organization to provide job training and placement for disabled exemption from tax. For a more detailed description of program individuals is a contribution reported on line 1e. A payment by a service revenue, refer to the instructions for Part IX, column (B). governmental agency to the same organization to operate the agency's internal mail delivery system is program service On line 2f, enter the total received from all other sources of revenue reported on line 2. program service revenue not listed individually on lines 2a • Income from program-related investments. Report interest, through 2e. On line 2g, enter the total of column (A), lines 2a dividends, and other revenues from those investments made through 2f. primarily to accomplish the organization's exempt purposes 2023 Instructions for Form 990 39 |
Page 40 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. rather than to produce income. Examples of program-related Line 6a. Enter on line 6a the rental income received for the year investments include student loans and notes receivable from from investment property and any other real property rented by other exempt organizations that borrowed the funds to pursue the organization. Allocate revenue to real property and personal the filing organization's exempt function. property in the spaces provided. Don't include on line 6a rental • Membership dues and assessments received that compare income related to the filing organization's exempt function reasonably with the membership benefits provided by the (program service). Report such income on line 2. For example, organization. Organizations described in section 501(c)(5), (6), an exempt organization whose exempt purpose is to provide or (7) generally provide benefits that have a reasonable low-rental housing to persons with low income would report that relationship with dues. rental income as program service revenue on line 2. Examples of membership benefits include: Only for purposes of completing this return, the filing • Subscriptions to publications, organization must report any rental income received from an • Newsletters (other than one only about the organization's affiliated exempt organization as program service revenue on activities), line 2. • Free or reduced-rate admissions to events sponsored by the organization, Rental revenue can be from an activity that is related or • Use of the organization's facilities, and unrelated to the organization's exempt purpose. In general, rents • Discounts on articles or services that members and from real property are excluded in computing unrelated nonmembers can buy. business income, while rental income from personal property is included. There are special rules when rents are received from For each amount entered on lines 2a through 2e, the personal property leased with real property (a mixed lease). In ! organization must also enter a corresponding business general, rental revenue from real property is excluded from CAUTION activity code from Business Activity Codes, later. If you unrelated business revenue when: don't see a code for the activity you are trying to categorize, • The determination of the amount of such rents isn't based on select the appropriate code from the NAICS website at 2022 income or net profits derived by any person from the property NAICS Census Chart. Select the most specific 6-digit code leased other than an amount based on a fixed percentage of the available that describes the activity producing the income. Note gross receipts or sales; that most codes describe more than one type of activity. Avoid • The lease doesn't include personal services other than using codes that describe the organization rather than the customary ones such as trash removal and cleaning of public income-producing activity. For example, a credit union reporting areas; income from consumer lending activities should use code • Any portion attributable to personal property is 10% or less of 522291. Sales revenue from a museum gift shop should be the total rent; and reported with code 459420. An organization providing credit • The real property isn't debt-financed within the meaning of counseling services should use code 541990. If none of the section 512, 513, or 514. (Rent from debt-financed real property listed codes accurately describe the activity, enter “900099.” Use is generally includible in unrelated business income, but there of these codes doesn't imply that the activity is unrelated to the can be exceptions based on use of the property. See Pub. 598.) organization's exempt purpose. Rent received from leased personal property is generally taxable except when leased with real property, and the rent Line 3. Enter the gross amount of interest income from savings attributable to the personal property doesn't exceed 10% of the and temporary cash investments, dividend and interest income total rents from all leased property. from equity and debt securities (stocks and bonds), and amounts received from payments on securities loans, as defined Line 6b. Enter on line 6b the expenses paid or incurred for the in section 512(a)(5), as well as interest from notes and loans income reported on line 6a. Include interest related to rental receivable. Don't include unrealized gains and losses on property and depreciation if it is recorded in the organization's investments carried at FMV. Don't deduct investment books and records. If the organization reported on line 2 any management fees from this amount, but report these fees on rental income reportable as program service revenue, report any Part IX, line 11f. rental expense allocable to such activity on the applicable lines Section 501(c)(21) trusts. Use line 3 to report income from of Part IX, column (B). “qualified investments” as defined in section 501(c)(21)(D)(ii) Line 6c. Subtract line 6b from line 6a for both columns (i) and (public debt securities of the United States; obligations of a state (ii) and enter on line 6c. Show any loss in parentheses. or local government which are not in default as to principal or interest; and time or demand deposits in a bank (as defined in Line 6d. Add line 6c, columns (i) and (ii), and enter on line 6d. section 581) or an insured credit union (within the meaning of Show any loss in parentheses. section 101(7) of the Federal Credit Union Act, 12 U.S.C. Lines 7a through 7d. Enter on lines 7a through 7c all sales of 1752(7)) located in the United States). securities in column (i). Use column (ii) to report sales of all Line 4. Enter all investment income actually or constructively other types of investments (such as real estate, royalty interests, received from investing the proceeds of a tax-exempt bond or partnership interests) and all other non-inventory assets (such issue, which are under the control of the organization. For this as program-related investments and fixed assets used by the purpose, don't include any investment income received from organization in its related and unrelated activities). investing proceeds that are technically under the control of the On line 7a, for each column, enter the total gross sales price governmental issuer. For example, proceeds deposited into a of all such assets. Total the cost or other basis (less defeasance escrow that is irrevocably pledged to pay the depreciation) and selling expenses and enter the result on principal and interest (debt service) on a bond issue isn't under line 7b. On line 7c, enter the gain or loss. Show any loss in the control of the organization. parentheses. Line 5. Enter on line 5 royalties received by the organization On lines 7a and 7c, also report capital gains dividends, the from licensing the ongoing use of its property to others. Typically, organization's share of capital gains and losses from a joint royalties are received for the use of intellectual property, such as venture, and capital gains distributions from trusts. patents and trademarks. Royalties also include payments to the Combine the gain or loss figures reported on line 7c, columns owner of the property for the right to exploit natural resources on (i) and (ii), and report that total on line 7d. Show any loss in the property, such as oil, natural gas, or minerals. 40 2023 Instructions for Form 990 |
Page 41 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. parentheses. Don't include any unrealized gains or losses on • Amounts paid in excess of retail value of goods or services securities carried at FMV in the books of account. furnished. See Example, earlier, under Line 1c. For reporting sales of securities on Form 990, the • Amounts received from fundraising events when the organization can use the more convenient average cost basis organization gives items of only nominal value to recipients. See method to figure the organization's gain or loss. When a security Pub. 1771. is sold, compare its sales price with the average cost basis of the Example. In return for a contribution of any amount, donors particular security to determine gain or loss. However, for receive a keychain with the organization's logo. All amounts reporting sales of securities on Form 990-T, don't use the received should be reported as contributions on line 1f and all average cost basis to determine gain or loss. associated expenses on the appropriate lines in Part IX, column The organization should maintain books and records to (D). In such a case, no amounts would be reported on line 8. substantiate information about any securities or other assets Line 8b. Enter on this line both the cost or other basis of any sold for which market quotations weren't published or weren't items sold at the events and the expenses that relate directly to otherwise readily available. The recorded information should the production of the revenue portion of the fundraising activity, include: whether incurred before, during, or after the event. In the line 1c • A description of the asset; dinner example referred to earlier, the cost of the food and • Date acquired; beverages served and invitation to the dinner would be among • Whether acquired by donation or purchase; the items reported on line 8b. Indirect fundraising expenses, • Date sold and to whom sold; such as certain advertising expenses associated with raising • Gross sales price; these contributions, must be reported on the appropriate lines • Cost, other basis, or, if donated, value at time acquired; in Part IX, column (D), and not on line 8b. • Expense of sale and cost of improvements made after acquisition; and Line 8c. Enter on line 8c the difference between lines 8a and • Depreciation since acquisition, if depreciable property. 8b. Show any loss in parentheses. The organization must report net income from fundraising events as unrelated business Line 8a. Enter in the line 8a box the gross income from revenue (column (C)) or as revenue excluded from tax under fundraising events, not including the amount of contributions section 512, 513, or 514 (column (D)). from fundraising events reported on line 1c. Report the line 1c amount in the line 8a parenthetical. If the sum of the amounts Example 1. If an organization receives a donation of a home reported on line 1c and the line 8a box exceeds $15,000, then theater system with an FMV of $5,000 at the time of donation; the organization must answer “Yes” on Part IV, line 18, and sells the system for $7,500 at an auction, after having displayed complete Schedule G (Form 990), Part II. If gaming is conducted the system and its FMV (which remains $5,000) at and before at a fundraising event, the income and expenses must be auction so that its value was known to the bidders; and incurs allocated between the gaming and the fundraising event on Form $500 in costs related to selling the system at auction, it should 990, Part VIII; report all income from gaming on line 9a. report the following amounts in Part VIII. Compute the organization's gross income from fees, ticket sales, or other revenue from fundraising events. Line 1c (contributions from fundraising events): $2,500 Fundraising events include: Fundraising events don't include: Line 1f (all other contributions): $5,000 Line 1g (noncash contributions): $5,000 • Dinners/dances, • Sales or gifts of goods or services of Line 8a (gross income from only nominal value, fundraising events): $5,000 • Door-to-door sales of merchandise, • Raffles or lotteries in which prizes Line 8a parenthetical (contributions have only nominal value, and reported on line 1c): $2,500 • Concerts, • Solicitation campaigns that generate Line 8b (direct expenses: $5,000 FMV only contributions. on donation date + $500 in auction • Carnivals, costs): $5,500 Line 8c (net income from fundraising • Sports events, and Proceeds from these activities are event, line 8a minus line 8b): ($500) considered contributions and should be reported on line 1f. • Auctions. Example 2. If the home theater system in Example 1 sold at auction for $2,500 instead of $7,500, and all other facts in Fundraising events don't include events or activities that Example 1 remain the same, then the organization should report substantially further the organization's exempt purpose even if the following amounts in Part VIII. they also raise funds. Revenue from such program service activities is reported on line 2. Line 1c (contributions from fundraising events): $0 Example. An organization formed to promote and preserve Line 1f (all other contributions): $5,000 folk music and related cultural traditions holds an annual folk Line 1g (noncash contributions): $5,000 music festival featuring concerts, handcraft demonstrations, and Line 8a (gross income from similar activities. Because the festival directly furthers the fundraising events): $2,500 organization's exempt purpose, income from ticket sales should Line 8a parenthetical (contributions be reported on line 2 as program service revenue. reported on line 1c): $0 Fundraising events sometimes generate both contributions Line 8b (direct expenses: $5,000 FMV and income, such as when an individual pays more than the on donation date + $500 in auction retail value for the goods or services furnished. Report in costs): $5,500 parentheses the total amount from fundraising events that Line 8c (net income from fundraising represents contributions rather than payment for goods or event, line 8a minus line 8b): ($3,000) services. Treat the following as contributions. 2023 Instructions for Form 990 41 |
Page 42 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. In both Example 1 and Example 2, the organization would direct and indirect labor, materials and supplies consumed, need to report the $5,000 value of this contribution on freight-in, and a portion of overhead expenses. Marketing and Schedule M (Form 990) if it received over $25,000 in total distribution costs aren't included in the cost of goods sold but are noncash contributions during the tax year. reported as expenses in Part IX. For purposes of Part VIII, the organization may include as cost of donated goods their FMVs Line 9a. Line 9a should include only gross income from at the time of acquisition. gaming activities. It shouldn't include contributions from gaming activities, which should be reported on line 1f. Line 10c. Enter in the appropriate columns (A) through (D) the Organizations that report more than $15,000 on line 9a must net income or (loss) from the sale of inventory items. Show any also answer “Yes” on Part IV, line 19, and complete Part III of loss in parentheses. Schedule G (Form 990). Line 11. Enter all other types of revenue not reportable on lines Types of gaming include, but aren't limited to: 1 through 10. Enter the three largest sources on lines 11a through 11c and all other revenue on line 11d. - Bingo - Nevada Club tickets - Pull tabs - Certain Casino nights For each amount entered on lines 11a, 11b, and 11c, the - Instant bingo - Certain Las Vegas nights TIP organization must also enter a corresponding business - Raffles - Coin-operated activity code from Business Activity Codes, later. If you gambling devices don't see a code for the activity you are trying to categorize, including: select the appropriate code from the NAICS website at 2022 - Scratch-offs • Slot machines NAICS Census Chart. Select the most specific 6-digit code - Charitable gaming tickets • Electronic video available that describes the activity producing the income. Note slot or line games that most codes describe more than one type of activity. Avoid - Break-opens • Video poker using codes that describe the organization rather than the - Hard cards • Video blackjack income-producing activity. If none of the listed codes accurately - Banded tickets • Video keno describe the activity, enter “900099.” Use of these codes doesn't - Jar tickets • Video bingo imply that the activity is unrelated to the organization's exempt - Pickle cards • Video pull tab purpose. games Line 12. For column (A), add lines 1h, 2g, 3 through 5, 6d, 7d, 8c, 9c, 10c, and 11e. For columns (B) through (D), add lines 2a Many games of chance are taxable. Income from bingo through 2f, 3, 4, 5, 6d, 7d, 8c, 9c, 10c, and 11a through 11d. The games isn’t generally subject to the tax on unrelated business amounts reported on line 12 in columns (B), (C), and (D), plus income if the games meet the legal definition of bingo. For a the amount reported on line 1h, should equal line 12, column (A). game to meet the legal definition of bingo, wagers must be placed, winners must be determined, and prizes or other Part IX. Statement of Functional property must be distributed in the presence of all persons Expenses placing wagers in that game. Check the box in the heading of Part IX if Schedule O (Form 990) A wagering game that doesn't meet the legal definition of contains any information pertaining to this part. bingo doesn't qualify for the exclusion, regardless of its name. Use the organization's normal accounting method to For example, instant bingo, in which a player buys a complete this section. If the organization's accounting system pre-packaged bingo card with pull tabs that the player removes doesn't allocate expenses, the organization can use any to determine if she or he is a winner, doesn't qualify. See Pub. reasonable method of allocation. The organization must report 598. amounts accurately and document the method of allocation in its Line 9b. Enter on this line the expenses that relate directly to records. Report any expense described on lines 1–23 on the the production of the revenue portion of the gaming activity. appropriate line; don't report such expense on line 24. Don't Direct expenses of gaming include: report in Part IX expenses that must be reported on line 6b, 7b, • Cash prizes; 8b, 9b, or 10b in Part VIII. • Noncash prizes; Column (A)—Total • Compensation to bingo callers and workers; Section 501(c)(3) and 501(c)(4) organizations must complete • Rental of gaming equipment; and columns (A) through (D). • Cost of gaming supplies such as pull tabs, bingo cards, etc. All other organizations must complete column (A) but can Line 9c. Enter the difference between lines 9a and 9b. Show complete columns (B), (C), and (D). any loss in parentheses. State reporting requirements can be different from IRS Line 10a. Enter the organization's gross income from sales of ! reporting requirements applicable to Part IX. inventory items, less returns and allowances. Sales of inventory CAUTION items reportable on line 10a are sales of items that are donated to the organization, that the organization makes to sell to others, Column (B)—Program Services or that it buys for resale. Sales of inventory don't, however, Program services are mainly those activities that further the include the sale of goods related to a fundraising event, which organization's exempt purposes. Fundraising expenses shouldn't must be reported on line 8. Sales of investments on which the be reported as program service expenses even though one of organization expected to profit by appreciation and sale aren't the organization's purposes is to solicit contributions. reported here. Report sales of investments on line 7. Include lobbying expenses in this column if the lobbying is The organization must report the sales revenue regardless of directly related to the organization's exempt purposes. whether the sales activity is an exempt function of the Example. Foundation M, an organization exempt under organization or an unrelated trade or business. section 501(c)(3), has the exempt purpose of improving health care for senior citizens. Foundation M operates in State N. The Line 10b. Enter the cost of goods sold related to the sales of legislature of State N is considering legislation to improve inventory. The usual items included in cost of goods sold are funding of health care for senior citizens. Foundation M lobbies 42 2023 Instructions for Form 990 |
Page 43 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. state legislators in support of the legislation. Since this lobbying Example. For an employee who works on fundraising 40% of is directly related to Foundation M's exempt purpose, it would be the time and program management 60% of the time, an considered an exempt function expense, and would be included organization must allocate that employee's salary 40% to under column (B). fundraising and 60% to program service expenses. It can’t report Program services can also include the organization's the 100% of salary as program expenses simply because the unrelated trade or business activities. Publishing a magazine employee spent over 50% of his time on program management. is a program service even though the magazine contains both editorials and articles that further the organization's exempt Allocating Indirect Expenses purpose as well as advertising, the income from which is taxable Direct costs are expenses that can be identified specifically with as unrelated business income. an organization's activity or project, and can be assigned to an Also include costs to secure a grant, or contract, to conduct activity or project with a high degree of accuracy. Indirect costs research, produce an item, or perform a program service, if the are costs that can't be identified specifically with an activity or activities are conducted to meet the grantor’s or other project. For example, a computer bought by a university contracting party’s specific needs. Don't report these costs as specifically for a research project is a direct cost. In contrast, the fundraising expenses in column (D). Costs to solicit restricted or costs of software licensing for programs that run on all the unrestricted grants to provide services to the general public university's computers are indirect costs. should be reported in column (D). Colleges, universities, hospitals, and other organizations that incur indirect expenses in various cost centers (such as Column (C)—Management and General organizational memberships, books and subscriptions, and Use column (C) to report expenses that relate to the regular telecommunications costs) can allocate and report such organization's overall operations and management, rather than expenses in the following manner. to fundraising activities or program services. Overall 1. Report the expenses of all indirect cost centers in column management usually includes the salaries and expenses of the (C), lines 5 through 24. organization's CEO and his or her staff, unless a part of their 2. As a separate line item of line 24, enter “Allocation of time is spent directly supervising program services or [name of indirect cost center] expenses.” fundraising activities. In that case, their salaries and expenses should be allocated among management, fundraising, and a. If any of the cost center's expenses are allocated to program services. expenses listed in Part VIII such as the expenses attributable to fundraising events and activities, enter such expenses as a Expenses incurred to manage investments must be reported negative figure in columns (A) and (C). in column (C). Lobbying expenses should be reported in this column if they don't directly relate to the organization's exempt b. Allocate expenses to column (B) or (D) as positive purposes. amounts. Organizations must also report the following in column (C): c. Add the amounts in columns (B) and (D) and enter the costs of board of directors meetings; committee meetings and sum as a negative offsetting amount in column (C). Don't make staff meetings (unless they involve specific program services or any entries in column (A) for these offsetting entries. fundraising activities); general legal services; accounting Example. An organization reports in column (C) $50,000 of (including patient accounting and billing); general liability its actual management and general expenses and $100,000 of insurance; office management; auditing, human resources, and expenses of an indirect cost center that are allocable in part to other centralized services; preparation, publication, and other functions. The total of lines 5 through 24 of column (C) distribution of an annual report; and management of would be $150,000 before the indirect cost center allocations investments. were made. Assume that of the $100,000 total expenses of the However, report expenses related to the production of cost center, $10,000 was allocable to fundraising; $70,000 to program-related income in column (B) and expenses related to various program services; $15,000 to management and general the production of rental income on Part VIII, line 6b. Rental functions; and $5,000 to special events and activities. To report expenses incurred for the organization's office space or facilities this in Part IX under this optional method: are reported on line 16. 1. Indicate the cost center, the expenses of which are being Don't use this column to report costs of special meetings or allocated, on line 24 as “Allocation of [specify the indirect cost other activities that relate to fundraising or specific program center] expenses”; services. 2. Enter a decrease of $5,000 on the same line in column Column (D)—Fundraising (A), Total expenses, representing the fundraising event Fundraising expenses are the expenses incurred in soliciting expenses that were already reported in Part VIII, line 8b; cash and noncash contributions, gifts, and grants. Report as 3. Enter $70,000 on the same line in column (B), Program fundraising expenses all expenses, including allocable overhead service expenses; costs, incurred in (a) publicizing and conducting fundraising 4. Enter $10,000 on the same line in column (D), campaigns; and (b) soliciting bequests and grants from Fundraising expenses; and individuals, foundations, other organizations, or governmental units that are reported on Part VIII, line 1. This includes 5. Enter a decrease of $85,000 on the same line in column expenses incurred in participating in federated fundraising (C), Management and general expenses, to represent the campaigns; preparing and distributing fundraising manuals, allocations to functional areas other than management and instructions, and other materials; and preparing to solicit or general. receive contributions. Report direct expenses of fundraising events on Part VIII, line 8b, rather than in Part IX, column (D). However, report indirect expenses of fundraising events, such as certain advertising expenses, in Part IX, column (D), rather than on Part VIII, line 8b. 2023 Instructions for Form 990 43 |
Page 44 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. After making these allocations, the column (C), line 25, total • For insurance exclusively covering liabilities under sections functional expenses would be $65,000, consisting of the 501(c)(21)(A)(i)(I) and 501(c)(21)(A)(i)(IV). For details, see $50,000 actual management and general expense amount and Regulations section 1.501(c)(21)-1(d). the $15,000 allocation of the aggregate cost center expenses to Line 2. Enter the amount paid by the organization to domestic management and general. individuals in the form of scholarships, fellowships, stipends, research grants, and similar payments and distributions. The above is an example of a one-step allocation that shows how to report the allocation in Part IX. This reporting method Also include grants and other assistance paid to third-party would actually be more useful to avoid multiple-step allocations providers for the benefit of specified domestic individuals. For involving two or more cost centers. Without this optional example, a grant payment to a hospital to cover the medical reporting method, the total expenses of the first cost center expenses of a specific patient must be reported on line 2. By would be allocated to the other functions and might include an comparison, a grant to the same hospital to provide services to allocation of part of these expenses to another cost center. The the general public or to unspecified charity patients must be expenses of the second cost center would then be allocated to reported on line 1. other functions and, perhaps, to other cost centers, and so on. If line 2 exceeds $5,000, the organization must complete The greater the number of these cost centers that are allocated Parts I and III of Schedule I (Form 990). out, the more difficult it is to preserve the object classification Section 501(c)(21) trusts. Use line 2 to report amounts paid identity of the expenses of each cost center (for example, by the trust to or for the benefit of miners or their beneficiaries. salaries, interest, supplies, etc.). Using the reporting method Line 3. The organization must enter the total amount of grants described above avoids this problem. and other assistance made to foreign organizations, foreign The intent of the above instructions is only to facilitate governments, and foreign individuals, and to domestic ! reporting indirect expenses by both object classification organizations or domestic individuals for the purpose of CAUTION and function. These instructions don't authorize the providing grants or other assistance to designated foreign allocation to other functions of expenses that should be reported organizations or foreign individuals. as management and general expenses. If line 3 exceeds $5,000, the organization may have to complete Part II and/or Part III of Schedule F (Form 990), Grants and Other Assistance to Statement of Activities Outside the United States. See the Instructions for Schedule F (Form 990) for more information. Governments, Organizations, and Line 4. Enter the payments made by the organization to provide Individuals benefits to members (such as payments made by an Organizations should report the amount of grants and other organization exempt under section 501(c)(8), 501(c)(9), or assistance on lines 1 through 3. Report expenses incurred in 501(c)(17) to obtain insurance benefits for members, or selecting recipients or monitoring compliance with the terms of a patronage dividends paid by section 501(c)(12) organizations to grant or award on lines 5 through 24. See the following their members). Don't report on this line the cost of instructions. employment-related benefits such as health insurance, life insurance, or disability insurance provided by the organization to Note. Organizations can report this information according to its officers, directors, trustees, key employees, and other ASC 958 but aren't required to do so. For example, an employees. Report such costs for officers, directors, trustees, organization that follows ASC 958 and makes a grant during the and key employees on Part IX, line 5; report such costs for other tax year to be paid in future years should report the grant's disqualified persons on Part IX, line 6; and report such costs for present value on this year's Form 990 and report accruals of other employees on Part IX, lines 8 and 9. additional value increments in future years. Line 5. Enter the total compensation paid to current officers, Line 1. Enter the amount that the organization, at its own directors, trustees, and key employees (as defined under Part discretion, paid in grants to domestic organizations and VII, earlier) for the organization's tax year. Compensation domestic governments. United Way and similar federated includes all forms of income and other benefits earned or fundraising organizations should report grants to member or received from the filing organization, common paymasters, and participating agencies on line 1. Organizations must report payroll/reporting agents in return for services rendered to the voluntary grants to state or local affiliates for specific (restricted) filing organization, including compensation reported on Forms purposes or projects on line 1. W-2 and 1099, pension plan contributions and accruals, and If the organization reported on line 1 more than $5,000 of other employee benefits, but doesn't include non-compensatory grants or other assistance to any domestic organization or expense reimbursements or allowances. Report all to any domestic government, the organization must complete compensation amounts relating to such an individual, including Parts I and II of Schedule I (Form 990). those related to services performed in a capacity other than as Section 501(c)(21) trusts. Use line 1 to report amounts paid an officer, director, trustee, or key employee. by the trust to: • The Federal Black Lung Disability Trust Fund pursuant to section 3(b)(3) of Public Law 95-227, or Allocating Indirect Expenses—Example Line (A) (B) (C) (D) 5–24a $150,000 - $150,000 - 24b Allocation of $100,000 indirect cost center expenses reported in (C) (5,000) 70,000 (85,000) 10,000 25 $145,000 $70,000 $65,000 $10,000 44 2023 Instructions for Form 990 |
Page 45 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Compensation for Part IX is reported based on the Line 11. Fees for services paid to nonemployees (inde- TIP accounting method and tax year used by the pendent contractors). Enter on lines 11a through 11g organization, rather than the definitions and calendar amounts for services provided by independent contractors for year used to complete Part VII or Schedule J (Form 990) management, legal, accounting, lobbying, professional regarding compensation of certain officers, directors, fundraising services, investment management, and other trustees, and other employees. services, respectively. Include amounts whether or not a Form 1099 was issued to the independent contractor. Don't include Note. To the extent the following examples discuss allocation of on line 11 amounts paid to or earned by employees, officers, expenses in columns (B), (C), and (D), they apply only to filers directors, trustees, or disqualified persons for these types of required to complete those columns. services, which must be reported on lines 5 through 7. Line 6. Section 501(c)(3), 501(c)(4), and 501(c)(29) If the organization is able to distinguish between fees paid for organizations must report the total compensation and other independent contractor services and expense payments or distributions provided to disqualified persons and persons reimbursements to the contractor(s), report the fees paid for described in section 4958(c)(3)(B) to the extent not included on services on line 11 and the expense payments or line 5. See Appendix G. reimbursements on the applicable lines in Part IX (including Compensation includes all forms of income and other line 24 if no other line is applicable). If the organization is unable benefits earned or received from the filing organization, common to distinguish between service fees and expense payments or paymasters, and payroll/reporting agents in return for services reimbursements, report all such amounts on line 11. rendered to the filing organization, including compensation Line 11a. Management fees. Enter the total fees charged for reported on Forms W-2 and 1099, pension plan contributions management services provided by outside firms and individuals. and accruals, and other employee benefits, but doesn't include non-compensatory expense reimbursements or allowances. Line 11b. Legal fees. Enter the total legal fees charged by outside firms and individuals. Don't include any penalties, fines, Line 7. Enter the total amount of employee salaries, wages, settlements, or judgments imposed against the organization as a fees, bonuses, severance payments, and similar amounts paid result of legal proceedings. Report those expenses on line 24. or provided from the filing organization, common paymasters, Report any amounts for lobbying services provided by attorneys and payroll/reporting agents in return for services rendered to on line 11d. the filing organization that aren't reported on line 5 or 6. Line 11c. Accounting fees. Enter the total accounting and Line 8. Enter the employer's share of contributions to, or auditing fees charged by outside firms and individuals. accruals under, qualified and nonqualified pension and deferred compensation plans for the year. The organization should Line 11d. Lobbying fees. Enter amounts for activities intended include contributions made by the filing organization, common to influence foreign, national, state, or local legislation, including paymasters, and payroll/reporting agents to the filing direct lobbying and grassroots lobbying. organization's sections 401(k) and 403(b) pension plans on Line 11e. Professional fundraising fees. Enter amounts paid behalf of employees. However, it shouldn't include contributions for professional fundraising services, including solicitation to qualified pension, profit-sharing, and stock bonus plans under campaigns and advice or other consulting services supporting section 401(a) solely for the benefit of current or former officers, in-house fundraising campaigns. If the organization is able to directors, trustees, key employees, or disqualified persons, distinguish between fees paid for professional fundraising which are reportable on line 5 or 6. services and amounts paid for fundraising expenses such as Complete Form 5500 for the organization's plan and file printing, paper, envelopes, postage, mailing list rental, and TIP it as a separate return. If the organization has more than equipment rental, then fees paid for professional fundraising one pension plan, complete a Form 5500 for each plan. services should be reported on line 11e and amounts paid for File the form by the last day of the 7th month after the plan year fundraising expenses should be reported on line 24 as other ends. expenses. If the organization is unable to distinguish between these amounts, it should report all such fees and amounts on Line 9. Other employee benefits. Enter contributions by the line 11e. filing organization, common paymasters, and payroll/reporting Line 11f. Investment management fees. Enter amounts for agents to the filing organization's employee benefit programs investment counseling and portfolio management. Monthly (such as insurance, health, and welfare programs that aren't an account service fees are considered portfolio management incidental part of a pension plan included on line 8), and the cost expenses and must be reported here. Don't include transaction of other employee benefits. costs such as brokerage fees and commissions, which are For example, report expenses for employee events such as a considered sales expenses and are included on Part VIII, line 7b. picnic or holiday party on line 9. Don't include contributions on behalf of current or former officers, directors, trustees, key Line 11g. Other fees for services. Enter amounts for other employees, or other persons that were included on line 5 or 6. independent contractor services not listed on lines 11a through 11f. For example, amounts paid to an independent Line 10. Payroll taxes. Enter the amount of federal, state, and contractor for advocacy services that don't constitute lobbying local payroll taxes for the year but only those taxes that are should be reported here. For health care organizations, imposed on the organization as an employer. This includes the payments to health care professionals who are independent employer's share of social security and Medicare taxes, the contractors are reported on line 11g. Report on line 11g federal unemployment tax (FUTA), state unemployment payments to payroll agents, common paymasters, and other compensation taxes, and other state and local payroll taxes. third parties for services provided by those third parties to the Don't include on line 10 taxes withheld from employees' salaries filing organization. Report on lines 5–10, as appropriate, and paid to various governmental units such as federal, state, payments that reimburse third parties for compensation to the and local income taxes and the employees' shares of social organization's officers, directors, trustees, key employees, or security and Medicare taxes. Such withheld amounts are other employees. Report payments to contractors for reported as compensation. information technology services on line 14, rather than on line 11g. 2023 Instructions for Form 990 45 |
Page 46 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If the amount on line 11g exceeds 10% of the amount in public officials (as determined under section 4946(c)) and their line 25, column (A), the organization must list the type and family members (as determined under section 4946(d)). Report amount of each line 11g expense on Schedule O (Form 990). amounts for a particular public official only if aggregate expenditures for the year relating to such official (including family Line 12. Advertising and promotion expenses. Enter members of such official) exceed $1,000 for the year. amounts paid for advertising. Include amounts for print and electronic media advertising. Also include Internet site link costs, For expenditures that aren't specifically identifiable to a signage costs, and advertising costs for the organization's particular individual, the organization can use any reasonable in-house fundraising campaigns. Include fees paid to allocation method to estimate the cost of the expenditure to an independent contractors for advertising, except for fees paid to individual. Amounts not described above can be included in the independent contractors for conducting professional reported total amount for line 18 or can be reported on line 24. fundraising services or campaigns, which are reported on The organization is responsible for keeping records of all travel line 11e. and entertainment expenses related to a government official whether or not the expenses are reported on line 18 or line 24. Line 13. Office expenses. Enter amounts for supplies (office, classroom, or other supplies); telephone (cell phones and Line 19. Conferences, conventions, and meetings. Enter the landlines) and facsimile; postage (overnight delivery, parcel total expenses incurred by the organization in conducting delivery, trucking, and other delivery expenses) and mailing meetings related to its activities. Include such expenses as expenses; shipping materials; equipment rental; bank fees; and facility rentals, speakers' fees and expenses, and printed other similar costs. Also include printing costs of a general materials. Include the registration fees (but not travel expenses) nature. Printing costs that relate to conferences or conventions paid for sending any of the organization's staff to conferences, must be reported on line 19. conventions, and meetings conducted by other organizations. Travel expenses incurred by officers, directors, and Line 14. Information technology. Enter amounts for employees attending such conferences, conventions, and information technology, including hardware, software, and meetings must be reported on line 17. support services such as maintenance, help desk, and other technical support services. Also include expenses for Line 20. Interest. Enter the total interest expense for the year. infrastructure support, such as website design and operations, Don't include any interest attributable to rental property (reported virus protection and other information security programs and on Part VIII, line 6b) or any mortgage interest (reported as an services to keep the organization's website operational and occupancy expense on line 16). secured against unauthorized and unwarranted intrusions, and Line 21. Payments to affiliates. Enter certain types of other information technology contractor services. Report payments to organizations affiliated with (closely related to) the payments to information technology employees on lines 5 filing organization. through 10. Report depreciation/amortization related to Payments to affiliated state or national organizations. information technology on line 22. Dues paid by a local organization to its affiliated state or national Line 15. Royalties. Enter amounts for royalties, license fees, (parent) organization are reported on line 21. Report on this line and similar amounts that allow the organization to use predetermined quota support and dues (excluding membership intellectual property such as patents and copyrights. dues of the type described below) by local agencies to their state or national organizations for unspecified purposes, that is, Line 16. Occupancy. Enter amounts for the use of office space general use of funds for the national organization's own program or other facilities, including rent; heat, light, power, and other and support services. utilities expenses; property insurance; real estate taxes; Purchases from affiliates. Purchases of goods or services mortgage interest; and similar occupancy-related expenses. from affiliates aren't reported on line 21 but are reported as Don't include on line 16 expenses reported as office expenses expenses in the usual manner. (such as telephone expenses) on line 13. Expenses for providing goods or services to affiliates. In Don't net any rental income received from leasing or addition to payments made directly to affiliated organizations, subletting rented space against the amount reported on line 16 expenses for providing goods or services to affiliates can be for occupancy expenses. If the tenant's activities are related to reported on line 21 if: the organization's exempt purpose, report rental income as • The goods or services provided aren't related to the program program service revenue on Part VIII, line 2, and allocable services conducted by the organization furnishing them (for occupancy expenses on line 16. However, if the tenant's example, when a local organization incurs expenses in the activities aren't program related, report the rental income on Part production of a solicitation film for the state or national VIII, line 6a, and related rental expenses on Part VIII, line 6b. organization); and Don't include employee salaries or depreciation as • The costs involved aren't connected with the management occupancy expenses. These expenses are reported on lines 5 and general or fundraising functions of the filing organization. For through 7 and 22, respectively. example, when a local organization gives a copy of its mailing list Line 17. Travel. Enter the total travel expenses, including to the state or national organization, the expense of preparing transportation costs (fares, mileage allowances, and automobile the copy provided can be reported on line 21, but not the expenses), meals and lodging, and per diem payments. Travel expenses of preparing and maintaining the local organization's costs include the expenses of purchasing, leasing, operating, master list. and repairing any vehicles owned by the organization and used Voluntary awards or grants to affiliates. Don't report on for the organization's activities. However, if the organization line 21 voluntary awards or grants made by the organization to its leases vehicles on behalf of its executives or other employees as state or national organizations for specified purposes. part of an executive or employee compensation program, the Membership dues paid to other organizations. Report leasing costs are considered employee compensation and are membership dues paid to obtain general membership benefits reported on lines 5 through 7. from other organizations, such as regular services, publications, and other materials, on line 24. This is the case if a charitable Line 18. Payments of travel or entertainment expenses for organization pays dues to a trade association comprised of any federal, state, or local public officials. Enter total otherwise unrelated members. amounts for travel or entertainment expenses (including reimbursement for such costs) for any federal, state, or local 46 2023 Instructions for Form 990 |
Page 47 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Properly distinguishing between payments to affiliates $90,000 in column (D). Any costs reported here aren't to be TIP and grants and allocations is especially important if the deducted from the other lines in Part IX on which they are organization uses Form 990 for state reporting purposes. reported. Don't check the box unless the organization followed If the organization uses Form 990 only for reporting to the IRS, SOP 98-2 (FASB ASC 958-720) in allocating such costs. payments to affiliated or national organizations that don't An organization conducts a combined educational campaign represent membership dues reportable as miscellaneous and fundraising solicitation when it solicits contributions (by expenses on line 24 can be reported on either line 21 or line 1. mail, telephone, broadcast media, or any other means) and includes, with the solicitation, educational material or other Line 22. Depreciation, depletion, and amortization. If the information that furthers a bona fide non-fundraising exempt organization records depreciation, depletion, amortization, or purpose of the organization. similar expenses, enter the total on line 22. Include any depreciation or amortization of leasehold improvements and Expenses attributable to providing information regarding the intangible assets. An organization isn't required to use the organization itself, its use of past contributions, or its planned Modified Accelerated Cost Recovery System (MACRS) to use of contributions received are fundraising expenses and must compute depreciation reported on Form 990. For an explanation be reported in column (D). Don't report such expenses as of acceptable methods for computing depreciation, see Pub. program service expenses in column (B). 946, How To Depreciate Property. If an amount is reported on Any method of allocating joint costs between columns (B) and this line, the organization is required to maintain books and (D) must be reasonable under the facts and circumstances of records to substantiate any amount reported. each case. Most states with reporting requirements for charitable organizations and other organizations that solicit contributions Line 23. Insurance. Enter total insurance expenses other than either require or allow reporting of joint costs under AICPA insurance attributable to rental property (reported on Part VIII, Statement of Position 98-2 (SOP 98-2), Accounting for Costs of line 6b). Don't report on this line payments made by Activities of Not-for-Profit Organizations and State and Local organizations exempt under section 501(c)(8), (9), or (17) to Governmental Entities That Include Fundraising, now codified in obtain insurance benefits for members. Report those expenses FASB Accounting Standards Codification 958-720, Not-for-Profit on line 4. Don't report on this line the cost of employment-related Entities—Other Expenses (FASB ASC 958-720). benefits such as health insurance, life insurance, or disability insurance provided by the organization to or for its officers, Part X. Balance Sheet directors, trustees, key employees, and other employees. Report the costs for officers, directors, trustees, and key Check the box in the heading of Part X if Schedule O (Form 990) employees on Part IX, line 5; report the costs for other contains any information pertaining to this part. disqualified persons on Part IX, line 6; and report the costs for Section 501(c)(21) trusts. Use Schedule O (Form 990) to other employees on Part IX, line 9. Report the costs for members report the FMV of the trust's assets at the beginning of the mine on Part IX, line 4, not on Part IX, line 23. Don't report on this line operator's tax year within which the trust's tax year begins. property or occupancy-related insurance. Report those All organizations must complete Part X. No substitute balance expenses on line 16. sheet will be accepted. All references to Schedule D are to Line 24. Other expenses. Enter the types and amounts of Schedule D (Form 990). expenses which weren't reported on lines 1 through 23. Include Column (A)—Beginning of year. In column (A), enter the expenses for medical supplies incurred by health care/medical amount from the preceding year's Form 990, column (B). If the organizations. Include payments by the organization to organization was excepted from filing Form 990 for the preceding professional fundraisers of fundraising expenses such as year, enter amounts the organization would have entered in printing, paper, envelopes, postage, mailing list rental, and column (B) for that year. If this is the organization's first year of equipment rental, if the organization is able to distinguish these existence, enter zeros on lines 16, 26, 32, and 33 in column (A). expense amounts from fees for professional fundraising services reportable on line 11e. Enter the four largest dollar amounts on Column (B)—End of year. When Schedule D (Form 990) lines 24a through 24d and the total of all remaining reporting is required for any item in Part X, it is only for the miscellaneous expenses on line 24e. Don't include a separate end-of-year balance sheet figure reported in column (B). If this is entry for “miscellaneous expenses,” “program expenses,” “other the organization's final return, enter zeros on lines 16, 26, 32, expenses,” or a similar general category on lines 24a–d. If the and 33 in column (B). amount on line 24e exceeds 10% of the amount on line 25, Line 1. Cash (non-interest-bearing). Enter the total funds that column (A), the organization must list the type and amount of the organization has in cash, including amounts held as “petty each line 24e expense on Schedule O (Form 990). cash” at its offices or other facilities, and amounts held in banks The organization must separately report the amount, if any, of in non-interest-bearing accounts. Don't include cash balances unrelated business income taxes that it paid or accrued during held in an investment account with a financial institution and the tax year on line 24. reported on lines 11 through 13. Line 25. Total functional expenses. Section 501(c)(3) and Line 2. Savings and temporary cash investments. Enter the 501(c)(4) organizations. Add lines 1 through 24e and enter combined total of amounts held in interest-bearing checking and the totals on line 25 in columns (A), (B), (C), and (D). savings accounts, deposits in transit, temporary cash investments (such as money market funds, commercial paper, All other organizations. Add lines 1 through 24e and enter the and certificates of deposit), and U.S. Treasury bills or other total on line 25 in column (A). governmental obligations that mature in less than a year. Don't Line 26. Joint costs. Organizations that included in program include cash balances held in an investment account with a service expenses (column (B) of Part IX) any joint costs from a financial institution and reported on lines 11 through 13. Don't combined educational campaign and fundraising solicitation include advances to employees or officers or refundable must disclose how the total joint costs of all such combined deposits paid to suppliers or other independent contractors. activities were allocated in Part IX between education and Report the income from these investments on Part VIII, line 3. fundraising. For instance, if the organization spent $100,000 on Line 3. Pledges and grants receivable, net. Enter the total of joint costs and allocated 10% to education, it would report (a) all pledges receivable, less any amounts estimated to be $100,000 in line 26, column (A); $10,000 in column (B); and uncollectible, including pledges made by officers directors, , 2023 Instructions for Form 990 47 |
Page 48 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. trustees key employees,, and highest compensated on line 10a must equal the total of Schedule D, Part VI, columns employees; and (b) all grants receivable. (a) and (b). Organizations that follow ASC 958 can report the present Line 10b. Accumulated depreciation. Enter the total amount value of the grants receivable as of each balance sheet date. of accumulated depreciation for the assets reported on line 10a. Line 4. Accounts receivable, net. Enter the organization's The amount reported on line 10b must equal the total of total accounts receivable (reduced by any allowance for doubtful Schedule D (Form 990), Part VI, column (c). accounts) from the sale of goods and the performance of Line 10c. Column (A)—Beginning of year. Enter the cost or services. Report claims against vendors or refundable deposits other basis of land, buildings, and equipment, net of any with suppliers or others here, if not significant in amount. accumulated depreciation, as of the beginning of the year. Otherwise, report them on line 15, Other assets. Report the net amount of all receivables due from officers, directors, Line 10c. Column (B)—End of year. Enter line 10a minus trustees, or key employees on line 5. Report receivables line 10b. The amount reported must equal the total of (including loans and advances) due from other disqualified Schedule D (Form 990), Part VI, column (d). persons on line 6. Receivables (including loans and advances) Line 11. Investments—publicly traded securities. Enter the from employees who aren't current or former officers, directors, total value of publicly traded securities held by the trustees, key employees, or disqualified persons must be organization as investments. Publicly traded securities include reported on line 7. common and preferred stocks, bonds (including governmental Lines 5 and 6. Loans and other receivables from current obligations such as bonds and Treasury bills), and mutual fund and former officers, directors, trustees, key employees, shares that are listed and regularly traded in an over-the-counter and creator or founder, substantial contributor, or 35% market or an established exchange and for which market controlled entity or family member of any of these persons. quotations are published or are otherwise readily available. Report on line 5 loans and other receivables due from current or Report dividends and interest from these securities on Part VIII, former officers, directors, trustees, key employees, and line 3. creator or founder, substantial contributor, or 35% Don't report on line 11 publicly traded stock for which the controlled entity or family member of any of these persons. organization holds 5% or more of the outstanding shares of the Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must same class or publicly traded stock in a corporation that also report on line 6 receivables due from other disqualified comprises more than 5% of the organization's total assets. persons (for purposes of section 4958, see Appendix G), and Report these investments on line 12. from persons described in section 4958(c)(3)(B). Include all Line 12. Investments—other securities. Enter on this line the amounts owed on secured and unsecured loans made to such total value of all securities, partnerships, or funds that aren't persons. Report interest from such receivables on Part VIII, publicly traded. This includes stock in a closely held company line 11. Don't report on line 5 or 6 (a) pledges or grants whose stock isn't available for sale to the general public or which receivable, which are to be reported on line 3; or (b) receivables isn't widely traded. Other securities reportable on line 12 also that are excepted from reporting on Schedule L (Form 990), Part include publicly traded stock for which the organization holds 5% II (except for excess benefit transactions involving or more of the outstanding shares of the same class, and receivables). If the organization must report loans and other publicly traded stock in a corporation that comprises more than receivables on either line 5 or 6, it must answer “Yes” on Part IV, 5% of the organization's total assets. Don't include line 26. program-related investments. Line 7. Notes and loans receivable, net. Enter the net If an amount is reported on this line that is 5% or more of the amount of all notes receivable and loans receivable not listed on amount reported on Part X, line 16, answer “Yes” on Part IV, lines 5 and 6, including receivables from unrelated third parties. line 11b, and complete Schedule D (Form 990), Part VII. The The term “unrelated third parties” includes independent amount reported in Part X, line 12, column (B), must equal the contractors providing goods or services and employees who total of Schedule D (Form 990), Part VII, column (b). aren't current or former officers, directors, trustees, key employees, highest compensated employees, or Line 13. Program-related investments. Report here the total disqualified persons. Don't include the following. book value of all investments made primarily to accomplish the • Receivables reported on line 4. organization's exempt purposes rather than to produce income. • Program-related investments reported on line 13. Examples of program-related investments include student loans • Notes receivable acquired as investments reported on line 12. and notes receivable from other exempt organizations that obtained the funds to pursue the filing organization's exempt Line 8. Inventories for sale or use. Enter the amount of function. materials, goods, and supplies held for future sale or use, whether purchased, manufactured by the organization, or If the amount reported on this line is 5% or more of the donated. amount reported on Part X, line 16, answer “Yes” on Part IV, line 11c, and complete Part VIII of Schedule D (Form 990). The Line 9. Prepaid expenses and deferred charges. Enter the amount reported in Part X, line 13, column (B), must equal the amount of short-term and long-term prepayments of expenses total of Schedule D (Form 990), Part VIII, column (b). attributable to one or more future accounting periods. Examples include prepayments of rent, insurance, or pension costs, and Line 14. Intangible assets. Report on this line the total value expenses incurred for a solicitation campaign to be conducted in of all non-monetary, non-physical assets such as copyrights, a future accounting period. patents, trademarks, mailing lists, or goodwill. Line 10a. Land, buildings, equipment, and leasehold im- Line 15. Other assets. Report on this line the total book value provements. Enter the cost or other basis of all land, buildings, of all assets held and not reported on lines 1 through 14. equipment, and leasehold improvements held at the end of the If an amount is reported on this line that is 5% or more of the year. Include both property held for investment purposes and amount reported on Part X, line 16, answer “Yes” on Part IV, property used for the organization's exempt functions. If an line 11d, and complete Schedule D (Form 990), Part IX. The amount is reported here, answer “Yes” on Part IV, line 11a, and amount reported in Part X, line 15, column (B), must equal the complete Schedule D (Form 990), Part VI. The amount reported total of Schedule D, Part IX, column (b). 48 2023 Instructions for Form 990 |
Page 49 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 16. Total assets. Add the totals in columns (A) and (B) of organization's assets as of the end of the tax year. Report on lines 1 through 15. The amounts on line 16 must equal the line 25 (and not line 23) any secured mortgages and notes amounts on line 33 for both the beginning and end of the year. payable to related organizations. The organization must enter a zero or a dollar amount on this On line 24, enter the total amount of notes and loans that are line. payable to unrelated third parties but aren't secured by the organization's assets. Report on line 25 (and not line 24) any Line 17. Accounts payable and accrued expenses. Enter unsecured payables to related organizations. the total of accounts payable to suppliers, service providers, property managers, and other independent contractors, plus Line 25. Other liabilities. Enter the total amount of all liabilities accrued expenses such as salaries payable, accrued payroll not properly reportable on lines 17 through 24. Items properly taxes, and interest payable. reported on this line include federal income taxes payable and Section 501(c)(21) trusts. Include accrued trustee fees, etc. secured or unsecured payables to related organizations. The Do not include the present value of payments for approved organization must also answer “Yes” on Part IV, line 11e, and claims, or the estimated liability for future claims. complete Schedule D (Form 990), Part X. Line 18. Grants payable. Enter the unpaid portion of grants Line 26. Total liabilities. Add the totals in columns (A) and (B), and awards that the organization has committed to pay other lines 17 through 25. The organization must enter a zero or a organizations or individuals, whether or not the commitments dollar amount on this line. have been communicated to the grantees. Section 501(c)(21) trusts. Include payments for approved Net Assets and Fund Balances black lung claims that are due but not paid. Do not include FASB Accounting Standards Codification 958, Not-for-Profit amounts for black lung claims being contested. Entities (ASC 958) provides standards for external financial Line 19. Deferred revenue. Report revenue that the statements certified by an independent accountant for certain organization has received but not yet earned as of the balance types of nonprofit organizations. ASC 958-10-15-5 doesn't apply sheet date under its method of accounting. to credit unions, VEBAs, supplemental unemployment benefit trusts, section 501(c)(12) cooperatives, and other member Line 20. Tax-exempt bond liabilities. Enter the amount of benefit or mutual benefit organizations. tax-exempt bonds (or other obligations) for which the organization has a direct or indirect liability that were either While some states may require reporting according to FASB issued by the organization on behalf of a state or local ASC 958, the IRS doesn't. However, a Form 990 return prepared governmental unit, or by a state or local governmental unit on according to ASC 958 will be acceptable to the IRS. behalf of the organization, and for which the organization has a Organizations that follow ASC 958. If the organization follows direct or indirect liability. Tax-exempt bonds include state or local ASC 958, check the box above line 27, and complete lines 27 bonds and any obligations, including direct borrowing from a through 28 and lines 32 and 33. Classify and report net assets in lender, or certificates of participation, the interest on which is two groups in Part X (unrestricted, donor-restricted) based on excluded from the gross income of the recipient for federal the existence or absence of donor-imposed restrictions and the income tax purposes under section 103. nature of those restrictions. Enter the sum of the two classes of See also Part IV, line 24a, and Schedule K (Form 990). net assets on line 32. On line 33, add the amounts on lines 26 and 32 to show total liabilities and net assets. The amount on Line 21. Escrow or custodial account liability. Enter the line 33 must equal the amount on line 16. amount of funds or other assets held in an escrow or custodial account for other individuals or organizations. Enter these Effective for reporting years ending after December 15, amounts only if the related assets (such as cash) are reported ! 2017, ASC 958-205, Not-for-Profit on lines 1 through 15 of this part. If an amount is reported on this CAUTION Entities—Presentation of Financial Statements (ASC line, the organization must also answer “Yes” on Part IV, line 9, 958), addresses reporting of donor-restricted endowments and complete Schedule D (Form 990), Part IV. If the organization and board-designated (quasi) endowments. Further, most has signature authority over, or another interest in, an escrow or states have enacted the Uniform Prudent Management of custodial account for which it doesn't report the assets or Institutional Funds Act (UPMIFA). If the organization is subject to liabilities, it must also answer “Yes” on Part IV, line 9, and UPMIFA or ASC 958, it may affect the amounts reported on lines complete Schedule D, Part IV. 27 through 28. Example. A credit counseling organization collects amounts Line 27. Net assets without donor restrictions. Enter the from debtors to remit to creditors and reports the amounts balance per books of net assets without donor restrictions. All temporarily in its possession as cash on line 1 of the balance funds without donor-imposed restrictions must be reported on sheet. It must then report the corresponding liability (the line 27, regardless of the existence of any board designations or amounts to be paid to the creditors on the debtors' behalf) on appropriations. line 21. Line 28. Net assets with donor restrictions. Enter the Lines 22–24. Enter on line 22 the unpaid balance of loans and balance per books of net assets with donor restrictions. other payables (whether or not secured) to current and former Donors' restrictions may require that resources be used after a officers, directors, trustees, key employees, creator or specified date (time restrictions), or that resources be used for a founder, substantial contributor, or 35% controlled entity specified purpose (purpose restrictions), or both. Donors may or family member of any of these persons, and persons also stipulate that assets, such as land or works of art, be used described in section 4958(c)(3)(B). If the organization reports a for a specified purpose, be preserved, and not be sold or loan payable on this line, it must answer “Yes” on Part IV, line 26. donated with stipulations that they be invested to provide a Don't report on line 22 accrued but unpaid compensation owed permanent source of income. by the organization. Don't report on line 22 loans and payables excepted from reporting on Schedule L (Form 990), Part II Organizations that don't follow ASC 958. If the organization (except for excess benefit transactions involving receivables). doesn't follow ASC 958, check the box above line 29 and On line 23, enter the total amount of secured mortgages and complete lines 29 through 33. Report capital stock, trust notes payable to unrelated third parties that are secured by the principal, or current funds on line 29. Report paid-in capital surplus or land, building, or equipment funds on line 30. Report 2023 Instructions for Form 990 49 |
Page 50 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. retained earnings, endowment, accumulated income, or other prior years, or changes in accounting principles applied to such funds on line 31. years. The errors may include math errors, mistakes in applying accounting principles, or oversight or misuse of facts that existed Line 29. Capital stock or trust principal, or current funds. at the time the financial statements were prepared. For corporations, enter the balance per books of capital stock accounts. Show par or stated value (or for stock with no par or Line 9. Enter the total amount of other changes in net assets or stated value, total amount received on issuance) of all classes of fund balances during the year. Amounts to report here include stock issued and not yet canceled. For trusts, enter the amount losses on uncollectible pledges, refunds of contributions and in the trust principal or corpus. For organizations using the fund program service revenue, reversal of grant expenses, any method of accounting, enter the fund balances for the difference between FMV and book value of property given as an organization's current restricted and unrestricted funds. award or grant, and any other changes in net assets or fund Line 30. Paid-in or capital surplus, or land, building, and balances not listed on lines 5–8. Itemize these changes on equipment fund. Enter the balance of paid-in capital in excess Schedule O (Form 990) and check the box in the heading of Part of par or stated value for all stock issued and not yet canceled, XI. as recorded on the corporation's books. If stockholders or others made donations that the organization records as paid-in capital, Line 10. Combine the amounts on lines 3 through 9. The total include them here. Enter the fund balance for the land, building, must equal the amount reported in Part X, line 32, column (B). and equipment fund on this line. Part XII. Financial Statements and Line 31. Retained earnings, endowment, accumulated in- come, or other funds. For corporations, enter the balance of Reporting retained earnings as recorded on the corporation's books, or Check the box in the heading of Part XII if Schedule O (Form similar account, minus the cost of any corporate treasury stock. 990) contains any information pertaining to this part. For trusts, enter the balance in the accumulated income or similar account. For those organizations using the fund method Line 1. Accounting method. Indicate the method of of accounting, enter the total of the fund balances for the net accounting used in preparing this return. See Part D, earlier. assets without donor restrictions funds, and the net assets Provide an explanation on Schedule O (Form 990) (1) if the with donor restrictions funds, as well as balances of any other organization changed its method of accounting from a prior year, funds not reported on lines 29 and 30. or (2) if the organization checked the “Other” accounting method box. Line 32. Total net assets or fund balances. For organizations that follow ASC 958, enter the total of lines 27 through 28. For all Line 2. Financial statements and independent accountant. other organizations, enter the total of lines 29 through 31. All Answer “Yes” or “No” to indicate on line 2a or line 2b whether the filers must enter a zero or a dollar amount on this line. organization's financial statements for the tax year were compiled, reviewed, or audited by an independent Line 33. Total liabilities and net assets/fund balances. accountant. An accountant is independent if he or she meets the Enter the total of line 26 and line 32. This amount must equal the standards of independence set forth by the American Institute of amount on line 16. The organization must enter a zero or a dollar Certified Public Accountants (AICPA), the Public Company amount on this line. Accounting Oversight Board (PCAOB), or another similar body that oversees or sets standards for the accounting or auditing Part XI. Reconciliation of Net Assets professions. Check the box in the heading of Part XI if Schedule O (Form 990) contains any information pertaining to this part. If “Yes” on either line 2a or 2b, answer “Yes” or “No” on line 2c to indicate whether the organization has a committee that is Line 1. Enter the amount of total revenue reported in Part VIII, responsible under its governing documents or through line 12, column (A). delegation by its governing body for (i) overseeing the compilation, review, or audit of the financial statements; and (ii) Line 2. Enter the amount of total expenses reported in Part IX, the selection of an independent accountant that compiled, line 25, column (A). reviewed, or audited the statements. Answer “Yes” only if both (i) and (ii) apply. If this process has changed from the prior year, Line 3. Enter the difference between lines 1 and 2. describe on Schedule O (Form 990). Line 3a. Uniform Guidance, 2 C.F.R. Part 200, Subpart F. Line 4. Enter the amount of net assets or fund balances at the Answer “Yes” if, during the year, the organization was required beginning of year reported in Part X, line 32, column (A). This under the Uniform Guidance, 2 C.F.R. Part 200, Subpart F, to amount should be the same amount reported in Part X, line 32, undergo an audit or audits because of its receipt of federal column (B), for the prior year’s return. contract awards. The Uniform Guidance, 2 C.F.R. Part 200, Subpart F, requires states, local governments, and nonprofit Line 5. Report the net unrealized gains or losses on investments organizations that spend $750,000 or more of federal awards in reported in the organization's audited financial statements (or a year to obtain an annual audit. other financial statements). This amount represents the change in market value of investments that weren't sold or exchanged Line 3b. Required audits. If “Yes” on line 3a, indicate whether during the tax year. the organization has undergone the required audit or audits. Answer “Yes” if the audit was completed or in progress during the Line 6. Report the value of services or use of facilities donated organization's tax year. If the answer to line 3b is “No,” explain on to the organization (net of services or use of facilities donated by Schedule O (Form 990) why the organization hasn't undergone the organization) reported as income or expense in the financial any required audits and describe any steps taken to undergo statements. such audits. Paperwork Reduction Act Notice. We ask for the information Line 8. Report the net prior period adjustments during the tax on these forms to carry out the Internal Revenue laws of the year reported in the financial statements. Prior period United States. You are required to give us the information. We adjustments are corrections of errors in financial statements of need it to ensure that you are complying with these laws and to 50 2023 Instructions for Form 990 |
Page 51 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. allow us to figure and collect the right amount of tax. You are not Fiscal Year 2024 Form 990 Series Taxpayer required to provide the information requested on a form that is Compliance Cost Estimates subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form Table 1—Fiscal Year 2024 Form 990 Series Taxpayer Compliance Cost Estimates or its instructions must be retained as long as their contents may Type of Return become material in the administration of any Internal Revenue law. Generally, tax returns and return information are Form 990 Form 990-EZ Form 990-PF Form 990-T Form 990-N confidential, as required by section 6103. However, certain Projections of returns and return information of tax-exempt organizations and the Number of Returns to be trusts are subject to public disclosure and inspection, as Filed with IRS 351,100 251,000 130,100 233,200 733,100 provided by section 6104. Estimated Average Total Estimates of taxpayer burden. These include forms in the Time (Hours) 107 69 53 42 5 990 series and attachments and Forms 1023, 1024, 1028, 5578, Estimated 5884-C, 8038, 8038-B, 8038-CP, 8038-G, 8038-GC, 8038-R, Average Total Out-of-Pocket 8038-T, 8038-TC, 8328, 8718, 8282, 8453-TE, 8453-X, 8868, Costs $2,900 $600 $2,200 $2,200 $20 8870, 8871, 8872, 8879-TE, 8886-T, and 8899 and their Estimated schedules and all the forms tax-exempt organizations attach to Average Total Monetized their tax returns. Time spent and out-of-pocket costs are Burden $9,900 $1,700 $4,600 $5,700 $100 presented separately. Time burden includes the time spent preparing to file and to file, with recordkeeping representing the Estimated Total largest component. Out-of-pocket costs include any expenses Time (Hours) 37,710,000 17,400,000 6,940,000 9,790,000 3,660,000 incurred by taxpayers to prepare and submit their tax returns. Estimated Total Out-of-Pocket Examples include tax return preparation and submission fees, Costs $1,023,200,000 $152,200,000 $282,600,000 $506,400,000 $14,000,000 postage and photocopying costs, and tax preparation software Estimated Total costs. Note that these estimates don't include burden associated Monetized with post-filing activities. IRS operational data indicate that Burden $3,466,900,000 $425,200,000 $594,600,000 $1,324,000,000 $71,400,000 electronically prepared and filed returns have fewer arithmetic Note. Amounts above are for FY2024. Reported time and cost burdens are national averages and do not necessarily reflect a “typical” case. Most taxpayers experience lower-than-average burden, with taxpayer burden errors, implying lower post-filing burden. varying considerably by taxpayer type. Detail may not add due to rounding. Reported time and out-of-pocket cost burdens are national Comments and suggestions. We welcome your comments averages and include all associated forms and schedules, concerning the accuracy of these time estimates or suggestions across all preparation methods and taxpayer activities. As a for future editions. You can send us comments through IRS.gov/ result, the averages don't necessarily reflect a "typical" case. FormComments. Or you can write to the Internal Revenue Most taxpayers experience lower-than-average burden, with Service, Tax Forms and Publications Division, 1111 Constitution taxpayer burden varying considerably by taxpayer type. Ave. NW, IR-6526, Washington, DC 20224. Although we can't respond individually to each comment received, we do appreciate your feedback and will consider your comments and suggestions as we revise our tax forms, instructions, and publications. Don't send your return to the above address. Instead, see General Instructions, Section E, earlier, for the location for filing your return. 2023 Instructions for Form 990 51 |
Page 52 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Business Activity Codes The codes listed in this section are a to categorize, select the appropriate code more than one type of activity. Avoid selection from the North American from the NAICS website at 2022 NAICS using codes that describe the Industry Classification System (NAICS) Census Chart. Select the most specific organization rather than the that should be used in completing Form 6-digit code available that describes the income-producing activity. 990, Part VIII, lines 2 and 11. If you don't activity producing the income being see a code for the activity you are trying reported. Note that most codes describe Business Activity Codes Agriculture, Forestry, Fishing Note 524113 Direct life insurance carriers 551112 Offices of other holding 524114 Direct health and medical companies and Hunting Note for Nonstore Retailers insurance carriers Administrative and Support Code Nonstore retailers sell all types of 524126 Direct property and casualty merchandise using such insurance carriers Services 110000 Agriculture, forestry, fishing and methods as Internet, mail-order 524130 Reinsurance carriers Code hunting catalogs, interactive television, or 524292 Pharmacy benefit management 561000 Administrative and support retailers should select the PBA 111000 Crop production direct sales. These types of and other third party services Mining associated with their primary line administration of insurance and 561300 Employment services Code of products sold. For example, pension funds establishments primarily selling 524298 All other insurance-related 561439 Other business service centers 211100 Oil and gas extraction prescription and non-prescription activities (including copy shops) 211120 Crude petroleum extraction drugs, select PBA code 456110 525100 Insurance and employee benefit 561499 All other business support 211130 Natural gas extraction Pharmacies and drug funds services retailers. 212000 Mining (except oil and gas) 525920 Trusts, estates, and agency 561500 Travel arrangement and Transportation and accounts reservation services Utilities 525990 Other financial vehicles 561520 Tour operators Code Warehousing (including mortgage REITs) 561700 Services to buildings and dwellings 221000 Utilities Code Real Estate and Rental and 480000 Transportation Construction 485000 Transit and ground passenger Leasing Waste Management and Code transportation Code Remediation Services 230000 Construction 493000 Warehousing and storage 531110 Lessors of residential buildings Code 236000 Construction of buildings Information and dwellings (including equity 562000 Waste management and REITs) remediation services (sanitary Manufacturing Code 531120 Lessors of nonresidential services) Code 512000 Motion picture and sound buildings (except Educational Services 310000 Manufacturing recording industries miniwarehouses) (including 323100 Printing and related support 513110 Newspaper publishers equity REITs) Code activities 513120 Periodical publishers 531130 Lessors of miniwarehouses and 611420 Computer training 339110 Medical equipment and supplies 513130 Book publishers self-storage units (including 611430 Professional and management equity REITs) manufacturing 513140 Directory and mailing list 531190 Lessors of other real estate development training publishers property (including equity REITs) 611600 Other schools and instruction Wholesale Trade 513190 Other publishers 531310 Real estate property managers (other than elementary and secondary schools or colleges Code 516100 Radio and television 531320 Offices of real estate appraisers and universities, which should 423000 Merchant wholesalers, durable broadcasting stations 531390 Other activities related to real select a code to describe their goods 516210 Media streaming, social estate unrelated activities) 424000 Merchant wholesalers, networks, and other content 532000 Rental and leasing services 611710 Educational support services nondurable goods providers 517000 Telecommunications (including 532289 All other consumer goods rental Health Care and Social Retail Trade wired, wireless, satellite, cable 532420 Office machinery and equipment Assistance Code and other program distribution, rental and leasing resellers, agents, other 533110 Lessors of nonfinancial Code 441100 Automobile dealers telecommunications, and internet intangible assets (except 621110 Offices of physicians 444100 Building material and supplies service providers) copyrighted works) 621300 Offices of other health dealers practitioners 445100 Grocery and convenience Data Processing, Web Search Professional, Scientific, and retailers Portals, and Other Information Technical Services 621400 Outpatient care centers 621500 Medical and diagnostic 445200 Specialty food retailers Code laboratories 449100 Furniture and home furnishings Services retailers Code 541100 Legal services 621610 Home health care services 449210 Electronics and appliance 518210 Computing infrastructure 541200 Accounting, tax preparation, 621910 Ambulance services retailers (including computers) providers, data processing, web bookkeeping, and payroll 621990 All other ambulatory health care 455000 General merchandise retailers hosting, and related services services services 456110 Pharmacies and drug retailers 519200 Web search portals, libraries, 541300 Architectural, engineering, and 623000 Nursing and residential care 456199 All other health and personal archives, and other information related services facilities care retailers services 541380 Testing laboratories and services 623990 Other residential care facilities 458000 Clothing, clothing accessories, Finance and Insurance 541511 Custom computer programming 624100 Individual and family services services shoe, and jewelry retailers Code 541519 Other computer-related services 624110 Child and youth services 459110 Sporting goods retailers 522100 Depository credit intermediation 541610 Management consulting services 624200 Community food and housing, and emergency and other relief 459120 Hobby, toy, and game retailers (including commercial banking, 541700 Scientific research and services 459130 Sewing, needlework, and piece savings institutions, and credit development services 624210 Meal delivery programs, soup goods retailers unions) 541800 Advertising, public relations, and kitchens, or food banks 459140 Musical instrument and supplies 522200 Nondepository credit related services 624310 Vocational rehabilitation services retailers intermediation 541860 Direct mail advertising 624410 Childcare services 459210 Book retailers and news dealers 522210 Credit card issuing 541900 Other professional, scientific, (including newsstands) 522220 Sales financing and technical services Arts, Entertainment, and 459310 Florists 522291 Consumer lending 541990 Consumer credit counseling Recreation 459410 Office supplies and stationery 522292 Real estate credit services Code 459420 Gift, novelty, and souvenir and all other nondepository retailers 522299 International, secondary market, Management of Companies and 711110 Theater companies and dinner retailers credit intermediation Enterprises theaters 459510 Used merchandise retailers 523000 Securities, commodity contracts, 711120 Dance companies 459900 Other miscellaneous retailers and other financial investments Code 711130 Musical groups and artists and related activities 551111 Offices of bank holding 711190 Other performing arts companies 523940 Portfolio management and companies investment advice 711210 Spectator sports (including sports clubs and racetracks) 52 2023 Instructions for Form 990 |
Page 53 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Business Activity Codes (Continued) 711300 Promoters of performing arts, 721110 Hotels (except casino hotels) Other Services 900003 Passive income activities with sports, and similar events and motels controlled organizations 713110 Amusement and theme parks 721210 RV (recreational vehicle) parks Code 900004 Exploited exempt activities 713200 Gambling industries and recreational camps 811000 Repair and maintenance 900099 Other activity 713910 Golf courses and country clubs 721310 Rooming and boarding houses, 812300 Drycleaning and laundry 713940 Fitness and recreational sports dormitories, and workers’ camps services centers 722320 Caterers 812900 Other personal services 713990 All other amusement and 722410 Drinking places (alcoholic 812930 Parking lots and garages recreation industries (including beverages) skiing facilities, marinas, and 722511 Full-service restaurants Other bowling centers) 722513 Limited-service restaurants Code Accommodation and Food 722514 Cafeterias, grill buffets, and 900001 Investment activities of section buffets 501(c)(7), (9), or (17) Services 722515 Snack and non-alcoholic organizations Code beverage bars 900002 Rental of personal property 721000 Accommodation Glossary NOTES: • Words in bold within a definition are defined elsewhere within the Glossary. • All section references are to the Internal Revenue Code (title 26 of U.S. Code) or regulations under title 26, unless otherwise specified. • Definitions are for purposes of filing Form 990 (and schedules) only. 35% controlled entity An entity that is owned, directly or indirectly (for example, under constructive ownership rules of section 267(c)), by a given person, such as the organization's current or former officers, directors, trustees, or key employees listed on Form 990, Part VII, Section 1, or the family members thereof (listed persons) as follows. 1. A corporation in which listed persons own more than 35% of the total combined voting power. 2. A partnership in which listed persons own more than 35% of the profits interest. 3. A trust or estate in which listed persons own more than 35% of the beneficial interest. Accountable plan A reimbursement or other expense allowance arrangement that satisfies the requirements of section 62(c) by meeting the requirements of business connection, substantiation, and returning amounts in excess of substantiated expenses. See Regulations section 1.62-2(c)(2). Activities conducted outside the United States For purposes of Schedule F (Form 990), Statement of Activities Outside the United States, include grantmaking, fundraising, unrelated trade or business, program services, program-related investments, other investments, or maintaining offices, employees, or agents in particular regions outside the United States. Applicable tax-exempt organization A section 501(c)(3), 501(c)(4), or 501(c)(29) organization that is tax exempt under section 501(a), or that was such an organization at any time during the 5-year period ending on the day of the excess benefit transaction. Art See Works of art. ASC 740 See FIN 48 (ASC 740). ASC 958 Financial Accounting Standards Board, Accounting Standards Codification 958 (ASC 958) provides standards for external financial statements certified by an independent accountant for certain types of nonprofit organizations. ASC 958 doesn't apply to credit unions, voluntary employees' beneficiary associations, supplemental unemployment benefit trusts, section 501(c)(12) cooperatives, and other member benefit or mutual benefit organizations. While some states may require reporting according to ASC 958, the IRS doesn't. However, a Form 990 return prepared according to ASC 958 will be acceptable to the IRS. ASC 2016-14 Accounting Standards Update 2016-14 is codified in Accounting Standards Codification 958, Not-for-Profit Entities (ASC 958). 2023 Instructions for Form 990 53 |
Page 54 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Audit A formal examination of an organization's financial records and practices by an independent, certified public accountant with the objective of issuing a report on the organization's financial statements as to whether those statements are fairly stated according to generally accepted accounting principles (or other recognized comprehensive basis of accounting). Audited financial statements Financial statements accompanied by a formal opinion or report prepared by an independent, certified public accountant with the objective of assessing the accuracy and reliability of the organization's financial statements. Audit committee A committee, generally established by the governing body of an organization, with the responsibilities to oversee the organization's financial reporting process, monitor choice of accounting policies and principles, monitor internal control processes, or oversee hiring and performance of any external auditors. Bingo A game of chance played with cards that are generally printed with five rows of five squares each. Participants place markers over randomly called numbers on the cards in an attempt to form a pre-selected pattern such as a horizontal, vertical, or diagonal line, or all four corners. The first participant to form the pre-selected pattern wins the game. To be a bingo game, the game must be of the type described in which wagers are placed, winners are determined, and prizes or other property are distributed in the presence of all persons placing wagers in that game. Satellite, Internet, and progressive or event bingo aren't bingo, because they are conducted in many different places simultaneously, and the winners aren't all present when the wagers are placed, the winners are determined, and the prizes are distributed. Thus, all revenue and expenses associated with satellite, Internet, and progressive or event bingo should generally be included under pull tabs. Certain bingo games within a hybrid gaming event (such as progressive or event bingo) can also qualify as bingo if the individual game meets the preceding definition of bingo. Board-designated endowment See Quasi-endowment. Bond issue An issue of two or more bonds that are: 1. Sold at substantially the same time, 2. Sold under the same plan of financing, and 3. Payable from the same source of funds. See Regulations section 1.150-1(c). Business relationship For purposes of Part VI, line 2, business relationships between two persons include the following. 1. One person is employed by the other in a sole proprietorship or by an organization with which the other is associated as a trustee, director, officer, or greater-than-35% owner. 2. One person is transacting business with the other (other than in the ordinary course of either party's business on the same terms as are generally offered to the public), directly or indirectly, in one or more contracts of sale, lease, license, loan, performance of services, or other transaction involving transfers of cash or property valued in excess of $10,000 in the aggregate during the organization's tax year. Indirect transactions are transactions with an organization with which the one person is associated as a trustee, director, officer, or greater-than-35% owner. Such transactions don't include charitable contributions to tax-exempt organizations. 3. The two persons are each a director, trustee, officer, or greater-than-10% owner in the same business or investment entity (but not in the same tax-exempt organization). Ownership is measured by stock ownership (either voting power or value) of a corporation, profits or capital interest in a partnership or limited liability company, membership interest in a nonprofit organization, or beneficial interest in a trust. Ownership includes indirect ownership (for example, ownership in an entity that has ownership in the entity in question); there can be ownership through multiple tiers of entities. Cash contributions Contributions received in the form of cash, checks, money orders, credit card charges, wire transfers, and other transfers and deposits to a cash account of the organization. 54 2023 Instructions for Form 990 |
Page 55 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Central organization The organization, sometimes referred to as the “parent organization,” that holds a group exemption letter for one or more subordinate organizations under its general supervision and control. CEO, executive director, or top management See Top management official. “CEO” stands for chief executive officer. official Certified historic structure Any building or structure listed in the National Register of Historic Places as well as any building certified as being of historic significance to a registered historic district. See section 170(h)(4)(B) for special rules that apply to contributions made after August 17, 2006. Church Certain characteristics are generally attributed to churches. These attributes of a church have been developed by the IRS and by court decisions. They include distinct legal existence; recognized creed and form of worship; definite and distinct ecclesiastical government; formal code of doctrine and discipline; distinct religious history; membership not associated with any other church or denomination; organization of ordained ministers; ordained ministers selected after completing prescribed courses of study; literature of its own; established places of worship; regular congregations; regular religious services; Sunday schools for the religious instruction of the young; and schools for the preparation of its ministers. The IRS generally uses a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for federal tax purposes. A convention or association of churches is generally treated like a church for federal tax purposes. See Pub. 1828, Tax Guide for Churches and Religious Organizations. Closely held stock Generally, shares of stock in a closely held company that isn't available for sale to the general public or which isn't widely traded (see further explanation in the instructions for Part X, line 12, and Schedule M (Form 990), Noncash Contributions, line 10). Collectibles Include autographs, sports memorabilia, dolls, stamps, coins, books (other than books and publications reported on line 4 of Schedule M (Form 990)), gems, and jewelry (other than costume jewelry reportable on line 5 of Schedule M (Form 990)). Collections of works of art, historical Include collections, as described in ASC 958-360-45, of works of art, treasures, and other similar assets historical treasures, and other similar assets held for public exhibition, education, or research in furtherance of public service. Compensation Unless otherwise provided, all forms of cash and noncash payments or benefits provided in exchange for services, including salary and wages, bonuses, severance payments, deferred payments, retirement benefits, fringe benefits, and other financial arrangements or transactions such as personal vehicles, meals, housing, personal and family educational benefits, below-market loans, payment of personal or family travel, entertainment, and personal use of the organization's property. Compensation includes payments and other benefits provided to both employees and independent contractors in exchange for services. See also Deferred compensation Nonqualified deferred , compensation, and Reportable compensation. Compilation (compiled financial statements) A compilation is a presentation of financial statements and other information that is the representation of the management or ownership of an organization and which hasn't been reviewed or audited by an independent accountant. 2023 Instructions for Form 990 55 |
Page 56 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Conflict of interest policy A policy that defines conflict of interest, identifies the classes of individuals within the organization covered by the policy, facilitates disclosure of information that can help identify conflicts of interest, and specifies procedures to be followed in managing conflicts of interest. A conflict of interest arises when a person in a position of authority over an organization, such as an officer director, , or manager, can benefit financially from a decision she or he could make in such capacity, including indirect benefits such as to family members or businesses with which the person is closely associated. For this purpose, a conflict of interest doesn't include questions involving a person's competing or respective duties to the organization and to another organization, such as by serving on the boards of both organizations, that don't involve a material financial interest of, or benefit to, such person. For a description of “conflict of interest” for purposes of determining whether governing body members who are reviewing a potential excess benefit transaction have a conflict of interest, pursuant to Regulations section 53.4958-6(c)(1)(iii), see the instructions for Part VI, line 15. Conservation easement A restriction (granted in perpetuity) on the use that may be made of real property granted exclusively for conservation purposes. Conservation purposes include preserving land areas for outdoor recreation by, or for the education of, the general public; protecting a relatively natural habitat of fish, wildlife, or plants, or a similar ecosystem; preserving open space, including farmland and forest land, where such preservation will yield a significant public benefit and is either for the scenic enjoyment of the general public or pursuant to a clearly defined federal, state, or local governmental conservation policy; and preserving a historically important land area or a certified historic structure. For more information, see section 170(h) and Notice 2004-41, 2004-1 C.B. 31. Contributions Unless otherwise provided, includes donations, gifts, bequests, grants, and other transfers of money or property to the extent that adequate consideration isn't provided in exchange and that the contributor intends to make a gift, whether or not made for charitable purposes. A transaction can be partly a sale and partly a contribution, but discounts provided on sales of goods in the ordinary course of business shouldn't be reported as contributions. Neither donations of services (such as the value of donated advertising space, broadcast air time, or discounts on services) nor donations of use of materials, equipment, or facilities should be reported as contributions. For purposes of Form 990, a distribution to a section 501(c)(3) organization from a split-interest trust (for example, charitable remainder trust, charitable lead trust) is reportable as a contribution. See also Cash contributions and Noncash contributions. 56 2023 Instructions for Form 990 |
Page 57 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Control For purposes of determining related organizations: Control of a nonprofit organization (or other organization without owners or persons having beneficial interests, whether the organization is taxable or tax exempt) One or more persons (whether individuals or organizations) control a nonprofit organization if they have the power to remove and replace (or to appoint, elect, or approve or veto the appointment or election of, if such power includes a continuing power to appoint, elect, or approve or veto the appointment or election of, periodically or in the event of vacancies) a majority of the nonprofit organization's directors or trustees, or a majority of members who elect a majority of the nonprofit organization's directors or trustees. Such power can be exercised directly by a (parent) organization through one or more of the (parent) organization's officers, directors, trustees, or agents, acting in their capacities as officers, directors, trustees, or agents of the (parent) organization. Also, a (parent) organization controls a (subsidiary) nonprofit organization if a majority of the subsidiary's directors or trustees are trustees, directors, officers, employees, or agents of the parent. Control of a stock corporation One or more persons (whether individuals or organizations) control a stock corporation if they own more than 50% of the stock (by voting power or value) of the corporation. Control of a partnership or limited liability company One or more persons control a partnership if they own more than 50% of the profits or capital interests in the partnership (including a limited liability company treated as a partnership or disregarded entity for federal tax purposes, regardless of the designation under state law of the ownership interests as stock, membership interests, or otherwise). A person also controls a partnership if the person is a managing partner or managing member of a partnership or limited liability company which has three or fewer managing partners or managing members (regardless of which partner or member has the most actual control), or if the person is a general partner in a limited partnership which has three or fewer general partners (regardless of which partner has the most actual control). For this purpose, a “managing partner” is a partner designated as such under the partnership agreement, or regularly engaged in the management of the partnership even though not so designated. Control of a trust with beneficial interests One or more persons control a trust if they own more than 50% of the beneficial interests in the trust. A person's beneficial interest in a trust shall be determined in proportion to that person's actuarial interest in the trust as of the end of the tax year. See Regulations sections 301.7701-2, -3, and -4 for more information on classification of corporations, partnerships, disregarded entities, and trusts. Control can be indirect. See the Schedule R (Form 990) instructions for a description of indirect control. Controlled entity An organization controlled by a controlling organization under section 512(b)(13). A controlled entity may be a nonprofit organization. For the definition of control in this context, see section 512(b)(13)(D) and Regulations section 1.512(b)-1(l)(4) (substituting “more than 50%” for “at least 80%” in the regulation, for purposes of this definition). Controlled entities are a subset of related organizations. For purposes of Form 990, controlled entities don't include disregarded entities of the filing organization. 2023 Instructions for Form 990 57 |
Page 58 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Controlling organization under section 512(b) An exempt organization that controls a controlled entity. Section 512(b)(13) (13) treats payments of interest, annuity, royalties, and rent from a controlled entity to a controlling organization as unrelated business taxable income under certain circumstances. Control in this context means (i) in the case of a corporation, ownership (by vote or value) of more than 50% of the stock in such corporation; (ii) in the case of a partnership, ownership of more than 50% of the profits interests or capital interests in such partnership; or (iii) in any other case, ownership of more than 50% of the beneficial interests in the entity. Section 318 (relating to constructive ownership of stock) shall apply for purposes of determining ownership of stock in a corporation. Similar principles shall apply for purposes of determining ownership of interests in any other entity. Core form The Form 990, Return of Organization Exempt From Income Tax. It doesn't include any schedules that may be attached to Form 990. Credit counseling services Include the providing of information to the general public on budgeting, personal finance, and saving and spending practices, or assisting individuals and families with financial problems by providing them with counseling. See section 501(q)(4)(A). Current year The tax year for which the Form 990 is being filed; see also Fiscal year. Debt management plan services Services related to the repayment, consolidation, or restructuring of a consumer's debt, including the negotiation with creditors of lower interest rates, the waiver or reduction of fees, and the marketing and processing of debt management plans. See section 501(q)(4)(B). Defeasance escrow An irrevocable escrow established to redeem the bonds on their earliest call date in an amount that, together with investment earnings, is sufficient to pay all the principal of, and interest and call premiums on, bonds from the date the escrow is established to the earliest call date. See Regulations section 1.141-12(d)(5). Deferred compensation Compensation that is earned or accrued in, or is attributable to, one year and deferred to a future year for any reason, whether or not funded, vested, qualified or nonqualified, or subject to a substantial risk of forfeiture. However, a deferral of compensation that causes an amount to be deferred from the calendar year ending with or within the tax year to a date that isn't more than 2 / months after the end of the calendar year ending with or within the tax year 1 2 isn't treated as deferred compensation for purposes of Form 990, if such compensation is currently reported as reportable compensation. Deferred compensation may or may not be included in reportable compensation for the current year. Director See Director or trustee . Director or trustee Unless otherwise provided, a member of the organization's governing body at any time during the tax year, but only if the member has any voting rights. A member of an advisory board that doesn't exercise any governance authority over the organization isn't considered a director or trustee. Disqualified person A. For purposes of section 4958; Form 990, Parts IX and X; and Schedule L (Form 990), Transactions With Interested Persons, Parts I and II, any person (including an individual, a corporation, or other entity) who was in a position to exercise substantial influence over the affairs of the applicable tax-exempt organization at any time during a 5-year period ending on the date of the transaction. If the 5-year period ended within the organization's tax year, the organization may treat the person as a disqualified person for the entire tax year. Persons who hold certain powers, responsibilities, or interests are among those who are in positions to exercise substantial influence over the affairs of the organization. 58 2023 Instructions for Form 990 |
Page 59 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. A disqualified person includes: • A disqualified person's family member; • A 35% controlled entity of a (1) disqualified person, and/or (2) family members of the disqualified person; • A donor or donor advisor to a donor advised fund; or • An investment advisor of a sponsoring organization. The disqualified persons of a supported organization include the disqualified persons of a section 509(a)(3) supporting organization that supports the supported organization. See Appendix G for more information on disqualified persons and section 4958 excess benefit transactions. B. Under section 4946, a disqualified person includes the following. 1. A substantial contributor, which is any person who gave an aggregate amount of more than $5,000, if that amount is more than 2% of the total contributions the foundation or organization received from its inception through the end of the year in which that person's contributions were received. If the organization is a trust, a substantial contributor includes the creator of the trust (without regard to the amount of contributions the trust received from the creator and related persons). Any person who is a substantial contributor at any time generally remains a substantial contributor for all future periods even if later contributions by others push that person's contributions below the 2% figure discussed above. Gifts from the contributor's spouse are treated as gifts from the contributor. Gifts are generally valued at FMV as of the date the organization received them. 2. A foundation manager, defined as an officer director, , or trustee of the organization or any individual having powers or responsibilities similar to those of officers, directors, or trustees. 3. An owner of more than 20% of the voting power of a corporation, profits interest of a partnership, or beneficial interest of a trust or an unincorporated enterprise that is a substantial contributor to the organization. 4. A family member of an individual in the first three categories. For this purpose, “family member” includes only the individual's spouse, ancestors, children, grandchildren, and great-grandchildren, and the spouses of children, grandchildren, and great-grandchildren. 5. A corporation, partnership, trust, or estate in which persons described in (1) through (4) above own more than 35% of the voting power, profits interest, or beneficial interest. For purposes of section 509(a)(2), as referenced in Schedule A (Form 990), Public Charity Status and Public Support, a disqualified person is defined in section 4946, except that it doesn't include an organization described in section 509(a)(1). For purposes of section 509(a)(3), as referenced in Schedule A (Form 990), a disqualified person is defined in section 4946, except that it doesn't include a foundation manager or an organization described in section 509(a)(1) or 509(a) (2). Disregarded entity or entities An entity wholly owned by the organization that is generally not treated as a separate entity for federal tax purposes (for example, single-member limited liability company of which the organization is the sole member). See Regulations sections 301.7701-2 and -3. A disregarded entity must generally use the EIN of its sole member. An exception applies to employment taxes: for wages paid to employees of a disregarded entity, the disregarded entity must file separate employment tax returns and use its own EIN on such returns. See Regulations sections 301.6109-1(h) and 301.7701-2(c)(2)(iv). Domestic government See Governmental unit. Domestic individual An individual who lives or resides in the United States and isn't a foreign individual. 2023 Instructions for Form 990 59 |
Page 60 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Domestic organization A corporation or partnership is domestic if created or organized in the United States or under the law of the United States or of any state or territory. A trust is domestic if a court within the United States or a U.S. territory is able to exercise primary supervision over the administration of the trust, and one or more U.S. persons (or persons in territories of the United States) have the authority to control all substantial decisions of the trust. Donor advised fund A fund or account: 1. That is separately identified by reference to contributions of a donor or donors, 2. That is owned and controlled by a sponsoring organization, and 3. For which the donor or donor advisor has or reasonably expects to have advisory privileges in the distribution or investment of amounts held in the donor advised funds or accounts because of the donor's status as a donor. A donor advised fund doesn't include any fund or account: 1. That makes distributions only to a single identified organization or governmental entity; or 2. In which a donor or donor advisor gives advice about which individuals receive grants for travel, study, or other similar purposes, if: a. The donor or donor advisor's advisory privileges are performed exclusively by such person in his or her capacity as a committee member in which all of the committee members are appointed by the sponsoring organization; b. No combination of donors or donor advisors (and related persons as defined below) directly or indirectly controls the committee; and c. All grants from the fund or account are awarded on an objective and nondiscriminatory basis following a procedure approved in advance by the board of directors of the sponsoring organization. The procedure must be designed to ensure that all grants meet the requirements of section 4945(g)(1), (2), or (3); or 3. That the IRS exempts from being treated as a donor advised fund because either such fund or account is advised by a committee not directly or indirectly controlled by the donor or donor advisor or such fund benefits a single identified charitable purpose. For example, see section 5.01 of Notice 2006-109, 2006-51 I.R.B. 1121, and any future related guidance. Donor advisor Any person appointed or designated by a donor to advise a sponsoring organization on the distribution or investment of amounts held in the donor's donor advised fund. Donor-imposed restriction A donor stipulation (donors include other types of contributors, including makers of certain grants) that specifies a use for a contributed asset that is more specific than broad limits resulting from: • The nature of the not-for-profit entity, • The environment in which it operates, or • The purposes specified in its articles of incorporation or bylaws or comparable documents for an unincorporated association. Some donors impose restrictions that are temporary in nature, for example, stipulating that resources may be used only after a specified date, for particular programs or services, or to acquire buildings and/or equipment. Other donors impose restrictions that are perpetual in nature, for example, stipulating that resources be maintained in perpetuity. Donor-restricted endowment fund An endowment fund created by a donor stipulation (donors include other types of contributors, including makers of certain grants) requiring investment of the gift in perpetuity or for a specified term. Some donors or laws may require that a portion of income, gains, or both be added to the gift and invested subject to similar restrictions. EIN Employer identification number, a nine-digit number. Use Form SS-4 to apply for an EIN. 60 2023 Instructions for Form 990 |
Page 61 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Employee Any individual who, under the usual common law rules applicable in determining the employer-employee relationship, has the status of an employee, and any other individual who is treated as an employee for federal employment tax purposes under section 3121(d). See Pub. 1779 for more information. Endowment fund An established fund of cash, securities, or other assets to provide income for the maintenance of a not-for-profit entity. The use of the assets of the fund may be with or without donor-imposed restrictions. Endowment funds are generally established by donor-restricted gifts and bequests to provide a source of income in perpetuity or for a specified period. Alternatively, a not-for-profit's governing board may earmark a portion of its net assets (see Quasi-endowment). Escrow or custodial account Refers to an account (whether a segregated account at a financial institution or a set-aside on the organization's books and records) over which the organization has signature authority, in which the funds are held for the benefit of other organizations or individuals, whether or not the funds are reported on Part X, line 21, and whether or not the account is labeled as “escrow account,” “custodial account,” “trust account,” or some similar term. An escrow or custodial account doesn't include a split-interest trust (or the beneficial interest in such trust) described in section 4947(a)(2) for which the filing organization is a trustee, other than a trust in the trade or business of lending money; repairing credit; or providing debt management plan services, payment processing, or similar services. Excess benefit transaction In the case of an applicable tax-exempt organization, any transaction in which an excess benefit is provided by the organization, directly or indirectly to, or for the use of, any disqualified person, as defined in section 4958. Excess benefit generally means the excess of the economic benefit received from the applicable organization over the consideration given (including services) by a disqualified person, but see the special rules below regarding donor advised funds and supporting organizations. See Appendix G for more information. Donor advised fund. For a donor advised fund, an excess benefit transaction also includes a grant, loan, compensation, or similar payment from the fund to a: • Donor or donor advisor, • Family member of a donor or donor advisor, • 35% controlled entity of a donor or donor advisor, or • 35% controlled entity of a family member of a donor or donor advisor. The excess benefit in this transaction is the amount of the grant, loan, compensation, or similar payments. For additional information, see the Instructions for Form 4720. Supporting organization. For any supporting organization, defined in section 509(a)(3), an excess benefit transaction also includes grants, loans, compensation, or similar payments provided by the supporting organization to a: • Substantial contributor, • Family member of a substantial contributor, • 35% controlled entity of a substantial contributor, or • 35% controlled entity of a family member of a substantial contributor. For this purpose, the excess benefit is defined as the amount of the grant, loan, compensation, or similar payments. Additionally, an excess benefit transaction includes any loans provided by the supporting organization to a disqualified person (other than an organization described in section 509(a)(1), (2), or (4)). Exempt bond See Tax-exempt bond. Fair market value (FMV) The price at which property, or the right to use property, would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy, sell, or transfer property or the right to use property, and both having reasonable knowledge of relevant facts. 2023 Instructions for Form 990 61 |
Page 62 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Family member, family relationship Unless specified otherwise, the family of an individual includes only his or her spouse (see Rev. Rul. 2013-17 regarding same-sex marriage), ancestors, brothers and sisters (whether whole or half blood), children (whether natural or adopted), grandchildren, great-grandchildren, and spouses of brothers, sisters, children, grandchildren, and great-grandchildren. FIN 48 (FASB ASC 740) Financial Accounting Standards Board (FASB) Interpretation No. 48, Accounting for Uncertainty in Income Taxes, an interpretation of FASB Statement No. 109, now codified in FASB Accounting Standards Codification 740, Income Taxes (ASC 740). The organization can be required to provide in Schedule D (Form 990), Supplemental Financial Statements, the text of the footnote to its financial statements regarding the organization's liability for uncertain tax positions under FIN 48 (ASC 740). Financial statements An organization's statements of revenue and expenses and balance sheet, or similar statements prepared regarding the financial operations of the organization. Fiscal year An annual accounting period ending on the last day of a month other than December. See also Tax year and Current year. Foreign government A governmental agency or entity, or a political subdivision thereof, that isn't classified as a United States agency or governmental unit, regardless of where it is located or operated. Foreign individual A person, including a U.S. citizen or resident, who lives or resides outside the United States. For purposes of Form 990, Part IX, and Schedule F (Form 990), Statement of Activities Outside the United States, a person who lives or resides outside the United States at the time the grant is paid or distributed to the individual is a foreign individual. Foreign organization An organization that isn't a domestic organization. A foreign organization includes an affiliate that is organized as a legal entity separate from the filing organization, but doesn't include any branch office, account, or employee of a domestic organization located outside the United States. Fundraising See Fundraising activities. Fundraising activities Activities undertaken to induce potential donors to contribute money, securities, services, materials, facilities, other assets, or time. They include publicizing and conducting fundraising campaigns; maintaining donor mailing lists; conducting fundraising events; preparing and distributing fundraising manuals, instructions, and other materials; professional fundraising services; and conducting other activities involved with soliciting contributions from individuals, foundations, governments, and others. Fundraising activities don't include gaming, the conduct of any trade or business that is regularly carried on, or activities substantially related to the accomplishment of the organization's exempt purpose (other than by raising funds). Fundraising events Include dinners and dances, door-to-door sales of merchandise, concerts, carnivals, sports events, auctions, casino nights (in which participants can play casino-style games but the only prizes or auction items provided to participants are noncash items that were donated to the organization), and similar events not regularly carried on that are conducted for the primary purpose of raising funds. Fundraising events don't include: 1. The conduct of a trade or business that is regularly carried on; 2. Activities substantially related to the accomplishment of the organization's exempt purposes (other than by raising funds); 3. Solicitation campaigns that generate only contributions, which may involve gifts of goods or services from the organization of only nominal value, or sweepstakes, lotteries, or raffles in which the names of contributors or other respondents are entered in a drawing for prizes of only nominal value; and 4. Gaming. GAAP See Generally accepted accounting principles. 62 2023 Instructions for Form 990 |
Page 63 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Gaming Includes (but isn't limited to) bingo pull tabs/instant bingo, (including satellite and progressive or event bingo), Texas Hold-Em Poker, 21, and other card games involving betting, raffles, scratch-offs, charitable gaming tickets, break-opens, hard cards, banded tickets, jar tickets, pickle cards, Lucky Seven cards, Nevada Club tickets, casino nights/Las Vegas nights (other than events not regularly carried on in which participants can play casino-style games but the only prizes or auction items provided to participants are noncash items that were donated to the organization, which events are fundraising events), and coin-operated gambling devices. Coin-operated gambling devices include slot machines, electronic video slot or line games, video poker, video blackjack, video keno, video bingo, video pull tab games, etc. See Pub. 3079, Tax-Exempt Organizations and Gaming. Generally accepted accounting principles/ The accounting principles set forth by the Financial Accounting Standards GAAP Board (FASB) and the American Institute of Certified Public Accountants (AICPA) that guide the work of accountants in reporting financial information and preparing audited financial statements for organizations. Governing body The group of one or more persons authorized under state law to make governance decisions on behalf of the organization and its shareholders or members, if applicable. The governing body is, generally speaking, the board of directors (sometimes referred to as “board of trustees”) of a corporation or association, or the trustee or trustees of a trust (sometimes referred to as the “board of trustees”). Government official A federal, state, or local official described within section 4946(c). Governmental issuer A state or local governmental unit that issues a tax-exempt bond. Governmental unit A state, a territory of the United States, or a political subdivision of a state or U.S. territory, the United States, or the District of Columbia. See section 170(c)(1). Grants and other assistance For purposes of Part IX, lines 1–3; Schedule F (Form 990); and Schedule I (Form 990), includes awards, prizes, contributions, noncash assistance, cash allocations, stipends, scholarships, fellowships, research grants, and similar payments and distributions made by the organization during the tax year. It doesn't include salaries or other compensation to employees or payments to independent contractors if the primary purpose is to serve the direct and immediate needs of the organization (such as legal, accounting, or fundraising services); the payment of any benefit by a section 501(c)(9) voluntary employees' beneficiary association (VEBA) to employees of a sponsoring organization or contributing employer, if such payment is made under the terms of the VEBA and in compliance with section 505; or payments or other assistance to affiliates or branch offices that aren't organized as legal entities separate from the filing organization. Gross proceeds For purposes of Schedule K (Form 990), Supplemental Information on Tax-Exempt Bonds, generally any sale proceeds, investment proceeds, transferred proceeds, and replacement proceeds of an issue. See Regulations sections 1.148-1(b) and -1(c). Gross receipts The total amounts the organization received from all sources during its tax year, without subtracting any costs or expenses. See Appendix B. How To Determine Whether an Organization's Gross Receipts Are Normally $50,000 (or $5,000) or Less and Appendix C. Special Gross Receipts Tests for Determining Exempt Status of Section 501(c)(7) and 501(c)(15) Organizations. Group exemption Tax exemption of a group of organizations all exempt under the same Code section, applied for and obtained by a central organization on behalf of subordinate organizations under the central organization's general supervision or control. See Rev. Proc. 80-27, 1980-1 C.B. 677; Rev. Proc. 96-40, 1996-2 C.B. 301; and Appendix E. Group Returns—Reporting Information on Behalf of the Group, for more information. 2023 Instructions for Form 990 63 |
Page 64 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Group return A Form 990 filed by the central organization of a group exemption for two or more of the subordinate organizations. See General Instructions, Section I. Group Return, earlier, and Appendix E. Group Returns—Reporting Information on Behalf of the Group, for more information. Highest compensated employee One of the five highest compensated employees of the organization (including employees of a disregarded entity of the organization), other than current officers, directors, trustees, or key employees, whose aggregate reportable compensation from the organization and related organizations is greater than $100,000 for the calendar year ending with or within the organization's tax year. These employees should be reported on Part VII, Section A, of Form 990. Historical treasure A building, structure, area, or property (real or personal) with recognized cultural, aesthetic, or historical value that is significant in the history, architecture, archaeology, or culture of a country, state, or city. Hospital/hospital facility For purposes of Schedule H (Form 990), Hospitals, a hospital, or hospital facility, is a facility that is, or is required to be, licensed, registered, or similarly recognized by a state as a hospital. This includes a hospital facility that is operated through a disregarded entity or a joint venture treated as a partnership for federal income tax purposes. It doesn't include hospital facilities that are located outside the United States. It also doesn't include hospital facilities that are operated by entities organized as separate legal entities from the organization that are taxable as a corporation for federal tax purposes (except for members of a group exemption included in a group return filed by an organization). Hospital organization An organization which operates one or more hospital facilities. Hospital (or cooperative hospital service For purposes of Schedule A (Form 990), Public Charity Status and Public organization) Support, a hospital (or cooperative hospital service organization) is an organization whose main purpose is to provide hospital or medical care. For purposes of Schedule A, a rehabilitation institution or an outpatient clinic can qualify as a hospital if its principal purposes or functions are the providing of hospital or medical care, but the term doesn't include medical schools, medical research organizations, convalescent homes, homes for children or the aged, animal hospitals, or vocational training institutions for handicapped individuals. Household goods Include furniture, furnishings, electronics, appliances, linens, and other similar items. They don't include food, paintings, antiques and other objects of art, jewelry and gems (other than costume jewelry), and collections. Independent contractor An individual or organization that receives compensation for providing services to the organization but who isn't treated as an employee. See Pub. 1779 for more information. 64 2023 Instructions for Form 990 |
Page 65 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Independent voting member of governing A voting member of the governing body, if all four of the following body circumstances applied at all times during the organization's tax year. 1. The member wasn't compensated as an officer or other employee of the organization or of a related organization (see the Instructions for Schedule R (Form 990), Related Organizations and Unrelated Partnerships), except as provided in the religious exception discussed in the instructions for Form 990, Part VI. 2. The member didn't receive total compensation or other payments exceeding $10,000 during the organization's tax year from the organization or from related organizations as an independent contractor, other than reasonable compensation for services provided in the capacity as a member of the governing body. For example, a person who receives reasonable expense reimbursements and reasonable compensation as a director of the organization doesn't cease to be independent merely because he or she also received payments of $7,500 from the organization for other arrangements. 3. Neither the member, nor any family member of the member, was involved in a transaction with the organization (whether directly or indirectly through affiliation with another organization) required to be reported on Schedule L (Form 990), Transactions With Interested Persons, for the organization's tax year. 4. Neither the member, nor any family member of the member, was involved in a transaction with a taxable or tax-exempt related organization of a type and amount that would be reportable on Schedule L (Form 990) if required to be filed by the related organization. A member of the governing body isn't considered to lack independence merely because of any of the following circumstances. 1. The member is a donor to the organization, regardless of the amount of the contribution. 2. The member has taken a bona fide vow of poverty and either: a. Receives compensation as an agent of a religious order or a section 501(d) religious or apostolic organization, but only under circumstances in which the member doesn't receive taxable income (for example, Rev. Rul. 77-290, 1977-2 C.B. 26; and Rev. Rul. 80-332, 1980-2 C.B. 34); or b. Belongs to a religious order that receives sponsorship or payments from the organization that don't constitute taxable income to the member. 3. The member receives financial benefits from the organization solely in the capacity of being a member of the charitable or other class served by the organization in the exercise of its exempt function, such as being a member of a section 501(c)(6) organization, so long as the financial benefits comply with the organization's terms of membership. Initial contract A binding written contract between an applicable tax-exempt organization and a person who wasn't a disqualified person immediately before entering into the contract. Instant bingo See Pull tabs. Institutional trustee A trustee that isn't an individual or natural person but an organization. For instance, a bank or trust company serving as the trustee of a trust is an institutional trustee. Joint venture Unless otherwise provided, a partnership, limited liability company, or other entity treated as a partnership for federal tax purposes, as described in Regulations sections 301.7701-1 through 301.7701-3. 2023 Instructions for Form 990 65 |
Page 66 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Key employee For purposes of Form 990, an employee of an organization (other than an officer director, , or trustee) who meets all three of the following tests applied in the following order. 1. $150,000 Test. Receives reportable compensation from the organization and all related organizations in excess of $150,000 for the calendar year ending with or within the organization's tax year. 2. Responsibility Test. The employee: a. Has responsibilities, powers or influence over the organization as a whole similar to those of officers, directors, or trustees; b. Manages a discrete segment or activity of the organization that represents 10% or more of the activities, assets, income, or expenses of the organization, as compared to the organization as a whole; or c. Has or shares authority to control or determine 10% or more of the organization's capital expenditures, operating budget, or compensation for employees. 3. Top 20 Test. Is one of the 20 employees (that satisfy the $150,000 Test and Responsibility Test) with the highest reportable compensation from the organization and related organizations for the calendar year ending with or within the organization's tax year. See the instructions for Part VII for examples of key employees. Legislation Includes action by Congress, any state legislature, any local council, or similar governing body about acts, bills, resolutions, or similar items, or action by the public in referenda, ballot initiatives, constitutional amendments, or similar procedures. It doesn't include actions by executive, judicial, or administrative bodies. Lobbying See Lobbying activities. Lobbying activities All activities intended to influence foreign, national, state, or local legislation. Such activities include direct lobbying (attempting to influence the legislators) and grassroots lobbying (attempting to influence legislation by influencing the general public). Maintaining offices, employees, or agents For purposes of Schedule F (Form 990), Statement of Activities Outside the United States, includes principal, regional, district, or branch offices, such offices maintained by agents, independent contractors, and persons situated at those offices paid wages for services performed. “Agent” is defined under traditional agency principles (but doesn't include volunteers). Management company An organization that performs management duties for another organization customarily performed by or under the direct supervision of the other organization's officers directors trustees, , , or key employees. These management duties include, but aren't limited to, hiring, firing, and supervising personnel; planning or executing budgets or financial operations; and supervising exempt operations or unrelated trades or businesses. When a management company is used, the employees may be employed by either the management company or the exempt organization. Whether the management company or the exempt organization is the employer will be determined by the facts and circumstances. Medical research For purposes of a medical research organization operated in conjunction with a hospital (see Schedule A (Form 990), Public Charity Status and Public Support), medical research means investigations, studies, and experiments performed to discover, develop, or verify knowledge relating to physical or mental diseases and impairments and their causes, diagnoses, prevention, treatments, or control. Member of the governing body A person who serves on an organization's governing body, including a director or trustee, but not if the person lacks voting power. 66 2023 Instructions for Form 990 |
Page 67 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Net assets with donor restrictions Includes endowment funds established by donor-restricted gifts that are maintained to provide a source of income for either a specified period of time or until a specific event occurs (see ASC 958-205-45), as well as all other temporarily restricted net assets held in a donor-restricted endowment, including unappropriated income from permanent endowments that isn't subject to a permanent restriction. After Accounting Standards Update 2016-14, ASC 958 uses two classifications, instead of three—net assets with donor restrictions and net assets without donor restrictions. ASC 958 no longer uses the term “temporarily-restricted endowment.” The part of net assets of a not-for-profit entity that is subject to donor-imposed restrictions. Net assets without donor restrictions Part of net assets of a not-for-profit entity that is not subject to donor-imposed restrictions. Noncash contributions Contributions of property, tangible or intangible, other than money. Noncash contributions include, but aren't limited to, stocks, bonds, and other securities; real estate; works of art; stamps, coins, and other collectibles; clothing and household goods; vehicles, boats, and airplanes; inventories of food, medical equipment or supplies, books, or seeds; intellectual property, including patents, trademarks, copyrights, and trade secrets; donated items that are sold immediately after donation, such as publicly traded stock or used cars; and items donated for sale at a charity auction. Noncash contributions don't include volunteer services performed for the reporting organization or donated use of materials, facilities, or equipment. Nonexempt charitable trust A trust that meets the following conditions. • Isn't exempt from tax under section 501(a). • All of its unexpired interests are devoted to charitable purposes. • A charitable deduction was allowed for contributions to the trust under section 170, section 545(b)(2), section 642(c), section 2055, section 2106(a)(2), or section 2522, or for amounts paid by or permanently set aside by the trust under section 642(c). Nonqualified deferred compensation Deferred compensation that is earned pursuant to a nonqualified plan or nongovernmental section 457 plan. Different rules can apply for purposes of identifying arrangements subject to sections 83, 409A, 457(f), and 3121(v). Earned but unpaid incentive compensation can be deferred pursuant to a nonqualified deferred compensation plan. Officer Unless otherwise provided (for example, Signature Block, principal officer in Heading), a person elected or appointed to manage the organization's daily operations at any time during the tax year, such as a president, vice president, secretary, treasurer, and, in some cases, Board Chair. The officers of an organization are determined by reference to its organizing document, bylaws, or resolutions of its governing body, or as otherwise designated consistent with state law, but at a minimum include those officers required by applicable state law. For purposes of Form 990, treat the organization's top management official and top financial official as officers. “On behalf of” issuer A corporation organized under the general nonprofit corporation law of a state whose obligations are considered obligations of a state or local governmental unit. See Rev. Proc. 82-26, 1982-1 C.B. 476, for a description of the circumstances under which the IRS will ordinarily issue an advance ruling that the obligations of a nonprofit corporation were issued on behalf of a state or local governmental unit. See also Rev. Rul. 63-20, 1963-1 C.B. 24; Rev. Rul. 59-41, 1959-1 C.B. 13; and Rev. Rul. 54-296, 1954-2 C.B. 59. An “on behalf of” issuer also includes any corporation organized by a state or local governmental unit specifically to issue tax-exempt bonds to further public purposes. See Rev. Rul. 57-187, 1957-1 C.B. 65. Organization manager For purposes of section 4958, any officer director, , or trustee of an applicable tax-exempt organization, or any individual having powers or responsibilities similar to officers, directors, or trustees of the organization, regardless of title. 2023 Instructions for Form 990 67 |
Page 68 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Political campaign activities All activities that support or oppose candidates for elective federal, state, or local public office. It doesn't matter whether the candidate is elected. A candidate is one who offers himself or herself or is proposed by others for public office. Political campaign activity doesn't include any activity to encourage participation in the electoral process, such as voter registration or voter education, provided that the activity doesn't directly or indirectly support or oppose any candidate. Political subdivision A division of any state or local governmental unit which is a municipal corporation or which has been delegated the right to exercise part of the sovereign power of the unit. Sovereign power includes the power to make and enforce laws. Principal officer For purposes of the Heading on page 1 of Form 990 (but not for the purposes of the Signature Block or other parts of the Form 990), an officer of the organization who, regardless of title, has ultimate responsibility for implementing the decisions of the organization's governing body, or for supervising the management, administration, or operation of the organization. Private business use For purposes of Schedule K (Form 990), Supplemental Information on Tax-Exempt Bonds, use by the organization or another 501(c)(3) organization in an unrelated trade or business. Private business use also generally includes any use by a nongovernmental person, other than a section 501(c)(3) organization, unless otherwise permitted through an exception or safe harbor provided under the regulations or a revenue procedure. Private foundation An organization described in section 501(c)(3) that isn't a public charity. Some private foundations are classified as operating foundations (also known as private operating foundations) under section 4942(j)(3) or exempt operating foundations under section 4940(d)(2). A private foundation retains its private foundation status until such status is terminated under section 507. Thus, a tax-exempt private foundation becomes a taxable private foundation if its section 501(c)(3) status is revoked. Proceeds For purposes of Schedule K (Form 990), Supplemental Information on Tax-Exempt Bonds, generally the sale proceeds of an issue (other than those sale proceeds used to retire bonds of the issue that aren't deposited in a reasonably required reserve or replacement fund). Proceeds also include any investment proceeds from investments that accrue during the project period (net of rebate amounts attributable to the project period). See Regulations section 1.141-1(b). Professional fundraising services Services performed for the organization requiring the exercise of professional judgment or discretion consisting of planning, management, preparation of materials (such as direct mail solicitation packages and applications for grants or other assistance), provision of advice and consulting regarding solicitation of contributions, and direct solicitation of contributions, such as soliciting restricted or unrestricted grants to provide services to the general public. However, professional fundraising doesn't include services provided by the organization's employees in their capacity as employees (except as provided in the instructions for Part I, line 16a), nor does professional fundraising include purely ministerial tasks, such as printing, mailing services, or receiving and depositing contributions to a charity, such as services provided by a bank or caging service. Program-related investment Investments made primarily to accomplish the organization's exempt purposes rather than to produce income. Examples of program-related investments include student loans and notes receivable from other exempt organizations that obtained the funds to pursue the filing organization's exempt function. Public charity An organization described in section 501(c)(3) and that is excepted from private foundation status because it is described in section 509(a)(1) (which cross-references sections 170(b)(1)(A)(i) through (vi), and (ix)), 509(a)(2), 509(a)(3), or 509(a)(4). 68 2023 Instructions for Form 990 |
Page 69 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Publicly traded securities Generally, include common and preferred stocks, bonds (including governmental obligations such as bonds and Treasury bills), mutual fund shares, and other investments listed and regularly traded in an over-the-counter market or an established exchange and for which market quotations are published or are otherwise readily available. (See further explanation in the instructions for Part X, line 11; and Schedule M (Form 990), Noncash Contributions, line 9). Pull tabs Includes games in which an individual places a wager by purchasing preprinted cards that are covered with pull tabs. Winners are revealed when the individual pulls back the sealed tabs on the front of the card and compares the patterns under the tabs with the winning patterns preprinted on the back of the card. Included in the definition of pull tabs are “instant bingo,” “mini bingo,” and other similar scratch-off cards. Satellite, Internet, and progressive or event bingo are games conducted in many different places simultaneously and the winners aren't all present when the wagers are placed, the winners are determined, and the prizes are distributed. Revenue and expenses associated with satellite, Internet, and progressive bingo should be included under this category. However, certain bingo games within a hybrid gaming event (such as progressive or event bingo) can also qualify as bingo if the individual game meets the preceding definition of bingo. Qualified 501(c)(3) bond A tax-exempt bond, the proceeds of which are used by a section 501(c)(3) organization to advance its charitable purpose. Requirements generally applicable to a qualified section 501(c)(3) bond under section 145 include the following. 1. All property financed by the bond issue is to be owned by a section 501(c)(3) organization or a governmental unit. 2. At least 95% of net proceeds of the bond issue are used either by a governmental unit or a section 501(c)(3) organization in activities that aren't unrelated trades or businesses (determined by applying section 513). Qualified conservation contribution Any contribution of a qualified real property interest to a qualified organization exclusively for conservation purposes. A “qualified real property interest” means any of the following interests in real property. 1. The entire interest of the donor. 2. A remainder interest. 3. A restriction (such as an easement), granted in perpetuity, on the use which may be made of the real property. A “qualified organization” means an organization which is: a. A governmental unit described in section 170(c)(1), b. A publicly supported charitable organization described in sections 509(a)(1) and 170(b)(1)(A)(vi) or section 509(a)(2) (see the instructions for Parts II and III of Schedule A (Form 990)), or c. A supporting organization described in sections 501(c)(3) and 509(a)(3) that is controlled by a governmental unit or a publicly supported charitable organization. In addition, a qualified organization must have a commitment to protect the conservation purposes of a qualified conservation contribution, and have the resources to enforce the restrictions. A “conservation purpose” means: 1. The preservation of land areas for outdoor recreation by, or for the education of, the general public; 2. The protection of a relatively natural habitat of fish, wildlife, plants, or similar ecosystems; 3. The preservation of open space (including farm and forest land) where such preservation will yield a significant public benefit and is for the scenic enjoyment of the general public or is pursuant to a clearly delineated federal, state, or local governmental conservation policy; or 4. The preservation of a historically important land area or a certified historic structure. 2023 Instructions for Form 990 69 |
Page 70 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. See section 170(h) for additional information, including special rules about the conservation purpose requirement for buildings in registered historic districts. See also Conservation easement. Qualified state or local political organization A type of political organization that meets the following requirements. • It limits its exempt function to the selection process relating solely to any state or local public office or office in a state or local political organization. • It is required under a state law to report to a state agency (and does report) information that would otherwise be required to be reported on Form 8872, Political Organization Report of Contributions and Expenditures, or it is required to report under state law (and does report) at least the following information. 1. The name and address of every person who contributes a total of $500 or more during the calendar year and the amount of each contribution. 2. The name and address of every person to whom the organization makes expenditures aggregating $800 or more during the calendar year, and the amount of each expenditure. 3. Any additional information specified in section 527(j)(3), if state law requires the reporting of that information to the state agency. • The state agency makes the reports filed by the organization publicly available. • The organization makes the reports filed with the state agency publicly available in the manner described in section 6104(d). • No federal candidate or office holder controls or materially participates in the direction of the organization, solicits contributions to the organization, or directs any of the organization's disbursements. Quasi-endowment Net assets without donor restrictions designated by an entity's governing board to be invested to provide income for generally a long but not necessarily specified period. A board-designated endowment, which results from an internal designation, is generally not donor-restricted and is classified as net assets without donor restrictions. The governing board has the right to decide at any time to expend such funds. Also referred to as a “board-designated endowment.” Reasonable compensation The value that would ordinarily be paid for like services by like enterprises under like circumstances. Reasonable effort A reasonable amount of effort in information gathering that the organization is expected to undertake in order to provide information requested on Form 990. See the specific instructions for Part VI, lines 1b and 2; Part VII, Section A (compensation from related organizations); and Schedule L (Form 990), Parts III and IV, for examples of reasonable efforts. Refunding escrow One or more funds established as part of a single transaction or a series of related transactions, containing proceeds of a refunding issue and any other amounts to provide for payment of principal or interest on one or more prior issues. See Regulations section 1.148-1(b). Refunding issue An issue of obligations, the proceeds of which are used to pay principal, interest, or redemption price on another issue (a prior issue), including the issuance costs, accrued interest, capitalized interest on the refunding issue, a reserve or replacement fund, or similar costs, if any, properly allocable to that refunding issue. A current refunding issue is a refunding issue that is issued not more than 90 days before the last expenditure of any proceeds of the refunding issue for the payment of principal or interest on the prior issue. An advance refunding issue is a refunding issue that isn't a current refunding issue. See Regulations sections 1.150-1(d)(1), 1.150-1(d)(3), and 1.150-1(d)(4). 70 2023 Instructions for Form 990 |
Page 71 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Related organization An organization, including a nonprofit organization, a stock corporation, a partnership or limited liability company, a trust, and a governmental unit or other government entity, that stands in one or more of the following relationships to the filing organization at any time during the tax year. • Parent: an organization that controls the filing organization. • Subsidiary: an organization controlled by the filing organization. • Brother/Sister: an organization controlled by the same person or persons that control the filing organization. However, if the filing organization is a trust that has a bank or financial institution trustee that is also the trustee of another trust, the other trust isn't a Brother/Sister related organization of the filing organization on the ground of common control by the bank or financial institution trustee. • Supporting/Supported: an organization that claims to be at any time during the tax year, or that is classified by the IRS at any time during the tax year, as (i) a supporting organization of the filing organization within the meaning of section 509(a)(3), if the filing organization is a supported organization within the meaning of section 509(f)(3); or (ii) a supported organization, if the filing organization is a supporting organization. • Sponsoring Organization of a VEBA: an organization that establishes or maintains a section 501(c)(9) voluntary employees’ beneficiary association (VEBA) during the tax year. A sponsoring organization of a VEBA also includes an employee organization, association, committee, joint board of trustees, or other similar group of representatives of the parties which establish or maintain a VEBA. Although a VEBA must report a sponsoring organization as a related organization, a sponsoring organization shouldn't report a VEBA as a related organization, unless the VEBA is related to the sponsoring organization in some other capacity described in this definition. • Contributing Employer of a VEBA: an employer that makes a contribution or contributions to the VEBA during the tax year. Although a VEBA must report a contributing employer as a related organization, a contributing employer shouldn't report a VEBA as a related organization, unless the VEBA is related to the contributing employer in some other capacity described in this definition. The organization must determine its related organizations for purposes of completing Form 990, Parts VI (Governance), VII (Compensation), VIII (Statement of Revenue), and X (Balance Sheet); Schedule D (Form 990); Schedule J (Form 990); and Schedule R (Form 990). See the instructions for those parts and schedules for related organization reporting requirements. Religious order An organization described in Rev. Proc. 91-20, 1991-1 C.B. 524. Reportable compensation In general, the aggregate compensation that is reported (or required to be reported, if greater) in box 1 or 5 of Form W-2 (whichever amount is greater); box 1 of Form 1099-NEC; and/or in box 6 of Form 1099-MISC, for the calendar year ending with or within the organization's tax year. For foreign persons who receive U.S. source income, reportable compensation includes the amount reportable in box 2 of Form 1042-S. For persons for whom compensation reporting on Form W-2, 1099-NEC, 1099-MISC, or 1042-S isn't required (certain foreign persons, institutional trustees, and persons whose compensation was below the $600 reporting threshold for Form 1099-NEC or 1099-MISC), reportable compensation includes the total value of the compensation paid in the form of cash or property during the calendar year ending with or within the organization's tax year. Review of financial statement An examination of an organization's financial records and practices by an independent accountant with the objective of assessing whether the financial statements are plausible, without the extensive testing and external validation procedures of an audit. School An organization, the primary function of which is the presentation of formal instruction, and which has a regular faculty, a curriculum, an enrolled body of students, and a place where educational activities are regularly conducted. Security/securities Any bond, debenture, note, or certificate or other evidence of indebtedness issued by a corporation, government or political subdivision, share of stock, voting trust certificate, or any certificate of interest or participation in, certificate of deposit or receipt for, temporary or interim certificate for, or warrant or right to subscribe to or purchase, any of the foregoing. 2023 Instructions for Form 990 71 |
Page 72 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Short accounting period An accounting period of less than 12 months, which exists when an organization changes its annual accounting period, and which can exist in its initial or final year of existence (see Tax year). Short period See Short accounting period. Significant disposition of net assets A disposition of net assets, consisting of a sale, exchange, disposition, or other transfer of more than 25% of the FMV of the organization's net assets during the year, whether or not the organization received full or adequate consideration. A significant disposition of net assets involves: 1. One or more dispositions during the organization's tax year, amounting to more than 25% of the FMV of the organization's net assets as of the beginning of its tax year; or 2. One of a series of related dispositions or events begun in a prior year that, when combined, comprise more than 25% of the FMV of the organization's net assets as of the beginning of the tax year when the first disposition in the series was made. Whether a significant disposition of net assets occurred through a series of related dispositions depends on the facts and circumstances in each case. Examples of the types of transactions that are “a significant disposition of net assets” required to be reported on Schedule N (Form 990), Liquidation, Termination, Dissolution, or Significant Disposition of Assets, Part II, include: • Taxable or tax-free sales or exchanges of exempt assets for cash or other consideration (a social club described in section 501(c)(7) selling land or an exempt organization selling assets it had used to further its exempt purposes); • Sales, contributions, or other transfers of assets to establish or maintain a partnership, joint venture, or corporation (for-profit or nonprofit) whether or not the sales or transfers are governed by section 721 or section 351, whether or not the transferor received an ownership interest in exchange for the transfer; • Sales of assets by a partnership or joint venture in which the exempt partner has an ownership interest; and • Transfers of assets pursuant to a reorganization in which the organization is a surviving entity. The following types of situations aren't considered significant dispositions of net assets for purposes of Schedule N, Part II. • The change in composition of publicly traded securities held in an exempt organization's passive investment portfolio. • Asset sales made in the ordinary course of the organization's exempt activities to accomplish the organization's exempt purposes, for example, gross sales of inventory. • Grants or other assistance made in the ordinary course of the organization's exempt activities to accomplish the organization's exempt purposes, for example, the regular charitable distributions of a United Way or other federated fundraising organization. • A decrease in the value of net assets due to market fluctuation in the value of assets held by the organization. • Transfers to a disregarded entity of which the organization is the sole member. Sponsoring organization Any organization which is all of the following. • Described in section 170(c), other than governmental units described in section 170(c)(1) and without regard to section 170(c)(2)(A). • Not a private foundation as defined in section 509(a). • Maintains one or more donor advised funds. State of legal domicile For a corporation, the state of incorporation (country of incorporation for a foreign corporation formed outside the United States). For a trust or other entity, the state whose law governs the organization's internal affairs (the foreign country whose law governs for a foreign organization other than a corporation). Subordinate organization One of the organizations, typically local in nature, that is recognized as exempt in a group exemption letter and subject to the general supervision and control of a central organization. Supported organization A public charity described in section 509(a)(1) or 509(a)(2) supported by a supporting organization described in section 509(a)(3). 72 2023 Instructions for Form 990 |
Page 73 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Supporting organization A public charity claiming status on Form 990 or otherwise under section 509(a) (3). A supporting organization is organized and operated exclusively to support one or more supported organizations. A supporting organization that is operated, supervised, or controlled by one or more supported organizations is a Type I supporting organization. The relationship of a Type I supporting organization with its supported organization(s) is comparable to that of a parent-subsidiary relationship. A supporting organization supervised or controlled in connection with one or more supported organizations is a Type II supporting organization. A Type II supporting organization is controlled or managed by the same persons that control or manage its supported organization(s). A supporting organization that is operated in connection with one or more supported organizations is a Type III supporting organization. A Type III supporting organization is further considered either functionally integrated with its supported organization(s) or not functionally integrated with its supported organization(s) (Type III other). Finally, a supporting organization can't be controlled directly or indirectly by one or more disqualified persons (as defined in section 4946), other than foundation managers and other than one or more public charities described in section 509(a)(1) or (2). Tax-exempt bond An obligation issued by or on behalf of a governmental issuer on which the interest paid is excluded from the holder's gross income under section 103. For this purpose, a bond can be any form of indebtedness under federal tax law, including a bond, note, loan, or lease-purchase agreement. Tax year The annual accounting period for which the Form 990 is being filed, whether the calendar year ending December 31 or a fiscal year ending on the last day of any other month. The organization may have a short tax year in its first year of existence, in any year when it changes its annual accounting period (for example, from a December 31 year-end to a June 30 year-end), and in its last year of existence (for example, when it merges into another organization or dissolves). See also Current year Fiscal year, , and Short period. Term endowment An endowment fund established to provide income for a specified period. Territory of the United States Includes the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin Islands. Top financial official The person who has ultimate responsibility for managing the organization's finances, for example, the treasurer or chief financial officer. Top management official A person who has ultimate responsibility for implementing the decisions of the organization's governing body or for supervising the management, administration, or operation of the organization (for example, the organization's president, CEO, or executive director). Total assets The amount reported on Form 990, Part X, line 16, column (B). Trustee See Director or trustee. United States Unless otherwise provided, includes the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin Islands. Unrelated business See Unrelated trade or business. Unrelated business income Income from an unrelated trade or business as defined in section 513. Unrelated business gross income Gross income from an unrelated trade or business as defined in section 513. Unrelated organization An organization that isn't a related organization to the filing organization. Unrelated trade or business Any trade or business, the conduct of which isn't substantially related to the exercise or performance by the organization of its charitable, educational, or other purpose or function constituting the basis for its exemption. See Pub. 598 and the Instructions for Form 990-T for a discussion of what is an unrelated trade or business. U.S. territory See Territory of the United States. 2023 Instructions for Form 990 73 |
Page 74 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Volunteer A person who serves the organization without compensation, for example, a member of the organization's governing body who serves the organization without compensation. “Compensation” for this purpose includes tips and noncash benefits, except for: • Reimbursement of expenses under a reimbursement or other expense allowance arrangement in which there is adequate accounting to the organization, • Working condition fringe benefits described in section 132, • Liability insurance coverage for acts performed on behalf of the exempt organization, and • De minimis fringe benefits. Voting member of the governing body A member of the organization's governing body with power to vote on all matters that may come before the governing body (other than a conflict of interest that disqualifies the member from voting). Works of art Include paintings, sculptures, prints, drawings, ceramics, antiques, decorative arts, textiles, carpets, silver, photography, film, video, installation and multimedia arts, rare books and manuscripts, historical memorabilia, and other similar objects. Art doesn't include collectibles. Year of formation The year in which the organization was created or formed under applicable state law (if a corporation, the year of incorporation). 74 2023 Instructions for Form 990 |
Page 75 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix of Special Instructions to Form 990 Contents A Exempt Organizations Reference Chart B How To Determine Whether an Organization's Gross Receipts Are Normally $50,000 (or $5,000) or Less C Special Gross Receipts Tests for Determining Exempt Status of Section 501(c)(7) and Section 501(c)(15) Organizations D Public Inspection of Returns E Group Returns—Reporting Information on Behalf of the Group F Disregarded Entities and Joint Ventures—Inclusion of Activities and Items G Section 4958 Excess Benefit Transactions H Forms and Publications To File or Use I Use of Form 990 or 990-EZ To Satisfy State Reporting Requirements J Contributions 2022 Instructions for Form 990 75 |
Page 76 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix A. Exempt Organizations Reference Chart Type of Organization Internal Revenue Code Section Corporations Organized Under Act of Congress 501(c)(1) Title Holding Corporations 501(c)(2) Charitable, Religious, Educational, Scientific, etc., Organizations 501(c)(3) Civic Leagues and Social Welfare Organizations 501(c)(4) Labor, Agricultural, and Horticultural Organizations 501(c)(5) Business Leagues, etc. 501(c)(6) Social and Recreation Clubs 501(c)(7) Fraternal Beneficiary and Domestic Fraternal Societies and Associations 501(c)(8) & (c)(10) Voluntary Employees' Beneficiary Associations 501(c)(9) Teachers' Retirement Fund Associations 501(c)(11) Benevolent Life Insurance Associations, Mutual Ditch or Irrigation Companies, 501(c)(12) Mutual or Cooperative Telephone Companies, etc. Cemetery Companies 501(c)(13) State-Chartered Credit Unions, Mutual Reserve Funds 501(c)(14) Insurance Companies or Associations Other Than Life 501(c)(15) Cooperative Organizations to Finance Crop Operations 501(c)(16) Supplemental Unemployment Benefit Trusts 501(c)(17) Employee Funded Pension Trusts (created before June 25, 1959) 501(c)(18) Organizations of Past or Present Members of the Armed Forces 501(c)(19) & (c)(23) Black Lung Benefit Trusts 501(c)(21) Withdrawal Liability Payment Funds 501(c)(22) Trusts described in section 4049 of the Employer Retirement Income Security 501(c)(24) Act Title Holding Corporations or Trusts 501(c)(25) State-Sponsored Organizations Providing Health Coverage for High-Risk 501(c)(26) Individuals State-Sponsored Workmen's Compensation and Insurance and Reinsurance 501(c)(27) Organizations National Railroad Retirement Investment Trust 501(c)(28) Qualified Nonprofit Health Insurance Issuers 501(c)(29) Religious and Apostolic Associations 501(d) Cooperative Hospital Service Organizations 501(e) 76 2023 Instructions for Form 990 |
Page 77 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Cooperative Service Organizations of Operating Educational Organizations 501(f) Amateur Sports Organizations 501(j) Child Care Organizations 501(k) Charitable Risk Pools 501(n) Political Organizations 527 Appendix B. How To Form 990-EZ. Gross receipts are the 1. Up to a year old and has received, sum of lines 5b, 6c, 7b, and 9 of Form or donors have pledged to give, $7,500 or Determine Whether an 990-EZ, Part I. less during its first tax year; Organization's Gross Example. Organization M reported 2. Between 1 and 3 years old and $50,000 as total revenue on line 9 of its averaged $6,000 or less in gross receipts Receipts Are Normally Form 990-EZ. M added back the costs during each of its first 2 tax years; or and expenses it had deducted on lines 3. Three years old or more and $50,000 (or $5,000) or 5b ($2,000), 6c ($1,500), and 7b ($500) averaged $5,000 or less in gross receipts Less to its total revenue of $50,000 and for the immediately preceding 3 tax years To figure whether an organization has to determined that its gross receipts for the (including the year for which the return file Form 990-EZ (or Form 990), apply the tax year were $54,000. would be filed). $50,000 (or $5,000) gross receipts test (below) using the following definition of $50,000 Gross Receipts Appendix C. Special gross receipts and information in Figuring Test Gross Receipts Tests Gross Receipts below. To determine whether an organization's gross receipts are normally $50,000 or for Determining Exempt Gross Receipts less, apply the following test. An Status of Section 501(c) Gross receipts are the total amounts the organization's gross receipts are organization received from all sources considered to be normally $50,000 or (7) and 501(c)(15) during its annual tax year (including short less if the organization is: years) without subtracting any costs or Organizations expenses. 1. Up to a year old and has received, Section 501(c)(7) organizations (social or donors have pledged to give, $75,000 clubs) and section 501(c)(15) Don't use the definition of gross or less during its first tax year; organizations (insurance companies) ! receipts described in Appendix 2. Between 1 and 3 years old and apply the same gross receipts test as CAUTION C. Special Gross Receipts Tests averaged $60,000 or less in gross other organizations to determine whether for Determining Exempt Status of Section receipts during each of its first 2 tax they must file Form 990 or 990-EZ. 501(c)(7) and 501(c)(15) Organizations years; or However, section 501(c)(7) and section to figure gross receipts for this purpose. Those tests are limited to determining the 3. Three years old or more and 501(c)(15) organizations are also subject exempt status of section 501(c)(7) and averaged $50,000 or less in gross to separate gross receipts tests to 501(c)(15) organizations. receipts for the immediately preceding 3 determine whether they qualify as tax tax years (including the year for which the exempt for the tax year. The following Gross receipts when acting as an return would be filed). tests use a special definition of gross receipts for purposes of determining agent. If a local chapter of a section If the organization's gross receipts are whether these organizations are exempt 501(c)(8) fraternal organization collects normally $50,000 or less, it must submit for a particular tax year. insurance premiums for its parent lodge Form 990-N, Electronic Notice and merely sends those premiums to the (e-Postcard) for Tax-Exempt Section 501(c)(7). A section 501(c)(7) parent without asserting any right to use Organizations Not Required to File Form organization can receive up to 35% of its the funds or otherwise deriving any 990 or 990-EZ, if it chooses not to file gross receipts, including investment benefit from them, the local chapter Form 990 or 990-EZ. In general, income, from sources outside its doesn't include the premiums in its gross organizations excepted from filing Form membership and remain tax exempt. Part receipts. The parent lodge reports them 990 or 990-EZ because of low gross of the 35% (up to 15% of gross receipts) instead. The same treatment applies in receipts must submit Form 990-N. See can be from public use of a social club's other situations in which one organization filing exceptions described under General facilities. collects funds merely as an agent for Instructions, Section B, earlier. Gross receipts, for purposes of another. determining the tax-exempt status of $5,000 Gross Receipts section 501(c)(7) organizations, are the Figuring Gross Receipts club's income from its usual activities and Figure gross receipts for Form 990 and Test include: 990-EZ as follows. To determine whether an organization's • Charges; gross receipts are normally $5,000 or • Admissions; Form 990. Gross receipts are the sum of less, apply the following test. An • Membership fees; lines 6b(i), 6b(ii), 7b(i), 7b(ii), 8b, 9b, 10b, organization's gross receipts are • Dues; and 12 (column (A)) of Form 990, Part considered to be normally $5,000 or less • Assessments; and VIII. if the organization is: 2023 Instructions for Form 990 77 |
Page 78 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Investment income (dividends, rents, premiums or premiums paid for Non-Profits/Copies-of-EO-Returns- and similar receipts), and normal reinsurance; Available. recurring capital gains on investments. 2. Gross investment income of a The IRS can't disclose portions of an Gross receipts for this purpose don't non-life insurance company (as exemption application relating to any include capital contributions (see described in section 834(b)); and trade secrets, etc. Additionally, the IRS Regulations section 1.118-1), initiation 3. Other items that are included in generally can't disclose the names and fees, or unusual amounts of income (the the filer's gross income under subchapter addresses of contributors. See the sale of the clubhouse). B, chapter 1, subtitle A, of the Code. Instructions for Schedule B (Form 990) for more information about the disclosure College fraternities or sororities This definition doesn't, however, include of that schedule. ! or other organizations that contributions to capital. For more CAUTION charge membership initiation Notice 2008-49, 2008-20 I.R.B. 979, information, see Notice 2006-42. fees, but not annual dues, must include provides interim guidance regarding the Premiums. Premiums consist of all initiation fees in their gross receipts. requirement that section 501(c)(3) amounts received as a result of entering Section 501(c)(15). If any section into an insurance contract. They are organizations and the IRS make available 501(c)(15) insurance company (other reported on Form 990, Part VIII, line 2, or for public inspection Form 990-T. than life insurance) meets both parts of on Form 990-EZ, Part I, line 2. Form 990 or 990-EZ can only be the following test, then the company can Anti-abuse rule. The anti-abuse rule, requested for section 527 organizations file Form 990 (or Form 990-EZ, if found in section 501(c)(15)(C), explains for tax years beginning after June 30, applicable). how gross receipts (including premiums) 2000. from all members of a controlled group 1. The company's gross receipts are aggregated in figuring the above A return, report, notice, or exemption must be equal to or less than $600,000. tests. application can be inspected at an IRS 2. The company's premiums must be office free of charge. Copies of these more than 50% of its gross receipts. Appendix D. Public items can also be obtained through the organization as discussed in the following If the company didn't meet this test and Inspection of Returns section. the company is a mutual insurance Some members of the public rely on company, then it must meet the Alternate Form 990, or 990-EZ, as the primary or Through the test next to qualify to file Form 990 (or sole source of information about a Organization Form 990-EZ, if applicable). Insurance particular organization. How the public companies that don't qualify as tax perceives an organization in those cases Public inspection and distribution of exempt must file Form 1120-PC, U.S. may be determined by the information certain returns of unrelated business Property and Casualty Insurance presented on its returns. income. Section 501(c)(3) organizations Company Income Tax Return, or Form that are required to file Form 990-T after 1120, U.S. Corporation Income Tax An organization's completed Form 990 Return, as taxable entities for the year. or 990-EZ is available for public August 17, 2006, must make Form 990-T See Notice 2006-42, 2006-19 I.R.B. 878. inspection as required by section 6104. available for public inspection under Alternate test. If any section 501(c) Schedule B (Form 990), Schedule of section 6104(d)(1)(A)(ii). (15) insurance company (other than life Contributors, is open for public inspection Public inspection and distribution of insurance) is a mutual insurance for section 527 organizations filing Form returns and reports for a political or- company and it didn't meet the above 990 or 990-EZ. For other organizations ganization. Section 527 political test, then the company must meet both that file Form 990 or 990-EZ, the names organizations required to file Form 990 or parts of the following alternate test. and addresses of contributors listed on 990-EZ must, in general, make their Schedule B aren't required to be made Forms 8871, 8872, 990, or 990-EZ 1. The company's gross receipts available for public inspection. All other available for public inspection in the same must be equal to or less than $150,000. information reported on Schedule B, manner as annual information returns of 2. The company's premiums must be including the amount of contributions, the section 501(c) organizations are made more than 35% of its gross receipts. description of noncash contributions, and available. See Public inspection and any other information, is required to be distribution of applications for tax If the company doesn't meet either test, made available for public inspection exemption and annual information returns then it must file Form 1120-PC or Form unless it clearly identifies the contributor. of tax-exempt organizations, later. 1120 (if the company isn't entitled to Form 990-T filed after August 17, 2006, Generally, Form 8871 and Form 8872 are insurance reserves) instead of Form 990 by a section 501(c)(3) organization to available for inspection and printing at or 990-EZ. report any unrelated business income is IRS.gov/Charities-and-Nonprofits. The alternate test doesn't apply if also available for public inspection and disclosure. Note that a section 527 political ! any employee of the mutual TIP organization (and an organization CAUTION insurance company or a member of the employee's family is an employee Through the IRS filing Form 990-PF) must disclose their Schedule B (Form 990). See the of another company that is exempt under Use Form 4506-A, Request for a Copy of Instructions for Schedule B. The section 501(c)(15) (or would be exempt if Exempt or Political Organization IRS penalties discussed in General this provision didn't apply). Form, to request: Instructions, Section H, Failure-To-File Gross receipts. To determine • A copy of an exempt or political Penalties, earlier, also apply to section whether a section 501(c)(15) organization's return, report, notice, or 527 political organizations (Rev. Rul. organization satisfies either of the above exemption application; or 2003-49, 2003-20 I.R.B. 903). tests described in Appendix C, figure • An inspection of a return, report, gross receipts by adding: notice, or exemption application at an IRS Public inspection and distribution of office. 1. Premiums (including deposits and applications for tax exemption and assessments) without reduction for return Complete information is available on annual information returns of the IRS website at IRS.gov/Charities- tax-exempt organizations. Under 78 2023 Instructions for Form 990 |
Page 79 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Regulations sections 301.6104(d)-1 • Any amended return the organization individual provides photocopying through -3, a tax-exempt organization files with the IRS after the date the equipment at the place of inspection. must: original return is filed (both the original Organizations that don't maintain • Make its application for recognition of and amended return are subject to the permanent offices. A tax-exempt exemption and its annual information public inspection requirements), or organization with no permanent office: returns available for public inspection • An exact copy of Form 990-T if one is • Must make its application for tax without charge at its principal, regional, filed by a section 501(c)(3) organization. exemption and its annual information and district offices during regular The copy must include all information returns available for inspection at a business hours; furnished to the IRS on Form 990, reasonable location of its choice; • Make each annual information return 990-EZ, or 990-T as well as all • Must permit public inspection within a available for a period of 3 years beginning statements, attachments, and supporting reasonable amount of time after receiving on the date the return is required to be documents, except for the name and a request for inspection (normally not filed (determined with regard to any address of any contributor to the more than 2 weeks) and at a reasonable extension of time for filing) or is actually organization. See the Instructions for time of day; filed, whichever is later; and Schedule B (Form 990). However, • Can mail, within 2 weeks of receiving • Provide a copy without charge (for statements, attachments, and supporting the request, a copy of its application for Form 990-T, this requirement applies only documents filed with Form 990-T that tax exemption and annual information to Forms 990-T filed after August 17, don't relate to the imposition of unrelated returns to the requester instead of 2006), other than a reasonable fee for business income tax aren't required to be allowing an inspection; and reproduction and actual postage costs, of made available for public inspection and • Can charge the requester for copying all or any part of any application or return copying. See Notice 2008-49. and actual postage costs only if the required to be made available for public Annual returns more than 3 years requester consents to the charge. inspection to any individual who makes a old. An annual information return doesn't An organization that has a permanent request for a copy in person or in writing include any return after the expiration of 3 office, but has no office hours, or very (except as provided in Regulations years from the date the return is required limited hours during certain times of the sections 301.6104(d)-2 and -3). to be filed (including any extension of year, must make its documents available time that has been granted for filing the during those periods when office hours Definitions return) or is actually filed, whichever is are limited, or not available, as though it Tax-exempt organization is any later. were an organization without a organization that is described in section permanent office. 501(c) or (d) and is exempt from taxation If an organization files an amended under section 501(a). The term return, however, the amended return “tax-exempt organization” also includes must be made available for a period of 3 Special Rules Relating any section 4947(a)(1) nonexempt years beginning on the date it is filed with to Copies charitable trust or nonexempt private the IRS. Time and place for providing copies foundation that is subject to the reporting Local or subordinate organizations. in response to requests made in requirements of section 6033. For rules relating to annual information person. A tax-exempt organization Application for tax exemption returns of local or subordinate must: includes: organizations, see Regulations section Provide copies of required documents • Any prescribed application form (Form 301.6104(d)-1(f)(2). • under section 6104(d) in response to a 1023, 1023-EZ, 1024, or 1024-A), Regional or district offices. A request made in person at its principal, • All documents and statements the IRS regional or district office is any office of a regional, and district offices during requires an applicant to file with the form, tax-exempt organization, other than its regular business hours; and • Any statement or other supporting principal office, that has paid employees, • Provide copies to a requester on the document submitted in support of the whether part-time or full-time, whose day the request is made, except for application, and aggregate number of paid hours a week unusual circumstances (explained next). • Any letter or other document issued by is normally at least 120. Unusual circumstances. In the case the IRS concerning the application. A site isn't considered a regional or of an in-person request, where unusual Application for tax exemption district office, however, if: circumstances exist so that fulfilling the doesn't include: • The only services provided at the site request on the same business day • Any application for tax exemption filed further exempt purposes (daycare, health causes an unreasonable burden to the before July 15, 1987, unless the care, scientific or medical research); and tax-exempt organization, the organization organization filing the application had a • The site doesn't serve as an office for must provide the copies no later than the copy of the application on July 15, 1987; management staff, other than managers next business day following the day that • In the case of a tax-exempt who are involved solely in managing the the unusual circumstances cease to organization other than a private exempt function activities at the site. exist, or the 5th business day after the foundation, the name and address of any date of the request, whichever occurs contributor to the organization; or Special Rules Relating first. • Any material that isn't available for to Public Inspection Unusual circumstances include: public inspection under section 6104. • Requests received that exceed the Permissible conditions on public If there is no prescribed inspection. A tax-exempt organization: organization's daily capacity to make ! application form, see Regulations • Can have an employee present in the copies; CAUTION section 301.6104(d)-1(b)(3)(ii). room during an inspection; • Requests received shortly before the Annual information return includes: • Must allow the individual conducting end of regular business hours that require • An exact copy of the Form 990 or Form the inspection to take notes freely during an extensive amount of copying; or 990-EZ filed by a tax-exempt organization the inspection; and • Requests received on a day when the as required by section 6033, • Must allow the individual to photocopy organization's managerial staff capable of the document at no charge, if the fulfilling the request is conducting special duties (student registration or attending 2023 Instructions for Form 990 79 |
Page 80 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. an off-site meeting or convention), rather Request for copies in writing. A 1. Is addressed to (and delivered by than its regular administrative duties. tax-exempt organization must honor a mail, electronic mail, facsimile, or a Agents for providing copies. For written request for a copy of documents private delivery service, as defined in rules relating to use of agents to provide (or the requested part) required under section 7502(f)) a principal, regional, or copies, see Regulations sections section 6104(d) if the request: district office of the organization; and 301.6104(d)-1(d)(1)(iii) and -1(d)(2)(ii) 2. Sets forth the address to which the (C). copy of the documents should be sent. Time and Manner of Fulfilling Written Requests IF the organization... THEN the organization... receives a written request for a copy must mail the copy of the requested documents (or the requested parts) within 30 days from the date it receives the request. mails the copy of the requested document is deemed to have provided the copy on the postmark date or private delivery mark (if sent by certified or registered mail, the date of registration or the date of the postmark on the sender's receipt). requires payment in advance is required to provide the copies within 30 days from the date it receives payment. receives a request or payment by mail is deemed to have received it 7 days after the date of the postmark, absent evidence to the contrary. receives a request transmitted by email or facsimile is deemed to have received it the day the request is transmitted successfully. receives a written request without payment or with an insufficient payment, when must notify the requester of the prepayment policy and the amount due within 7 payment in advance is required days from the date of the request's receipt. receives consent from an individual making a request can provide a copy of the requested document exclusively by email (the material is provided on the date the organization successfully transmits the email). Request for a copy of parts of a doesn't enclose payment with a request, subordinate organization in the group document. A tax-exempt organization an organization must receive consent exemption letter. must fulfill a request for a copy of the from a requester before providing copies However, if the central or parent organization's entire application for tax for which the fee charged for copying and organization submits to the IRS a list or exemption or annual information return or postage exceeds $20. directory of local or subordinate any specific part or schedule of its Documents to be provided by organizations covered by the group application or return. A request for a copy regional and district offices. Except as exemption letter, the local or subordinate of less than the entire application or less otherwise provided, a regional or district organization is required to provide only than the entire return must specifically office of a tax-exempt organization must the application for the group exemption identify the requested part or schedule. satisfy the same rules as the principal ruling and the pages of the list or Fees for copies. A tax-exempt office for allowing public inspection and directory that specifically refer to it. The organization can charge a reasonable fee providing copies of its application for tax local or subordinate organization must for providing copies. Before the exemption and annual information permit public inspection, or comply with a organization provides the documents, it returns. request for copies made in person, within can require that the individual requesting A regional or district office isn't a reasonable amount of time (normally copies of the documents pay the fee. If required, however, to make its annual not more than 2 weeks) after receiving a the organization has provided an information return available for inspection request made in person for public individual making a request with notice of or to provide copies until 30 days after the inspection or copies and at a reasonable the fee, and the individual doesn't pay the date the return is required to be filed time of day. See Regulations section fee within 30 days, or if the individual (including any extension of time that is 301.6104(d)-1(f) for further information. pays the fee by check and the check granted for filing the return) or is actually Annual information returns. A local doesn't clear upon deposit, the filed, whichever is later. or subordinate organization that doesn't organization can disregard the request. file its own annual information return Form of payment. Documents Provided by (because it is affiliated with a central or a. Request made in person. If a parent organization that files a group tax-exempt organization charges a fee for Local and Subordinate return) must, upon request, make copying, it must accept payment by cash available for public inspection, or provide Organizations and money order for requests made in copies of, the group returns filed by the person. The organization can accept Applications for tax exemption. central or parent organization. other forms of payment, such as credit Except as otherwise provided, a cards and personal checks. tax-exempt organization that didn't file its However, if the group return includes b. Request made in writing. If a own application for tax exemption separate statements for each local or tax-exempt organization charges a fee for (because it is a local or subordinate subordinate organization included in the copying and postage, it must accept organization covered by a group group return, the local or subordinate payment by certified check, money order, exemption letter) must, upon request, organization receiving the request can and either personal check or credit card make available for public inspection, or omit any statements relating only to other for requests made in writing. The provide copies of, the application organizations included in the group organization can accept other forms of submitted to the IRS by the central or return. payment. parent organization to obtain the group The local or subordinate organization exemption letter and those documents must permit public inspection, or comply Avoidance of unexpected fees. which were submitted by the central or with a request for copies made in person, Where a tax-exempt organization doesn't parent organization to include the local or within a reasonable amount of time require prepayment and a requester 80 2023 Instructions for Form 990 |
Page 81 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. (normally not more than 2 weeks) after annual information return widely available Tax-Exempt Organization receiving a request made in person for if the organization complies with the Subject to Harassment public inspection or copies and at a Internet posting requirements and the reasonable time of day. notice requirements given below. Campaign When a requester seeks inspection, Internet posting. A tax-exempt Under section 6104(d)(4), if the Office of the local or subordinate organization can: organization can make its application for Associate Chief Counsel (Tax Exempt • Mail a copy of the applicable tax exemption and/or an annual and Government Entities) determines documents to the requester within the information return widely available by that the organization is being harassed, a same time period instead of allowing an posting the document on a web page that tax-exempt organization isn't required to inspection; and the tax-exempt organization establishes comply with any request for copies that it • Charge the requester for copying and and maintains, or by having the reasonably believes is part of a actual postage costs, if the requester document posted, as part of a database harassment campaign. consents to the charge. of similar documents of other tax-exempt Whether a group of requests is a organizations, on a web page established If the local or subordinate organization harassment campaign depends on the and maintained by another entity. The receives a written request for a copy of its relevant facts and circumstances such document will be considered widely annual information return, it must fulfill the as: available only if: request by providing a copy of the group • A sudden increase in requests, return in the time and manner specified • The web page through which it is • An extraordinary number of requests available clearly informs readers that the under Request for copies in writing, by form letters or similarly worded document is available and provides earlier. correspondence, instructions for downloading it; • Hostile requests, The requester has the option of • The document is posted in a format • Evidence showing bad faith or requesting from the central or parent that, when accessed, downloaded, deterrence of the organization's exempt organization, at its principal office, viewed, and printed in hard copy, exactly purpose, inspection or copies of group returns filed reproduces the image of the application • Prior provision of the requested by the central or parent organization. The for tax exemption or annual information documents to the purported harassing central or parent organization must fulfill return as it was originally filed with the group, and the requests in the time and manner IRS, except for any information permitted • A demonstration that the organization specified under Special Rules Relating to by statute to be withheld from public routinely provides copies of its Public Inspection and Special Rules disclosure; and documents upon request. Relating to Copies, earlier. • Any individual with access to the A tax-exempt organization can Failure to comply. Any person who Internet can access, download, view, and disregard any request for copies of all or doesn't comply with the public inspection print the document without special part of any document beyond the first two requirements will be assessed a penalty computer hardware or software required received within any 30-day period or the of $20 for each day that inspection wasn't for that format (other than software that is first four received within any 1-year period permitted, up to a maximum of $10,000 readily available to members of the public from the same individual or the same for each return. Organizations with gross without payment of any fee) and without address, whether or not the Office of receipts exceeding $1 million will be payment of a fee to the tax-exempt Associate Chief Counsel (Tax Exempt assessed a penalty of $100 for each day, organization or to another entity and Government Entities) has not to exceed $50,000 for each return. maintaining the web page. determined that the organization is The penalties for failure to comply with Reliability and accuracy. In order for subject to a harassment campaign. the public inspection requirements for the document to be widely available A tax-exempt organization can apply applications are the same as those for through an Internet posting, the entity for a determination that it is the subject of annual returns, except that the $10,000 maintaining the web page must have a harassment campaign and that limitation doesn't apply (sections 6652(c) procedures for ensuring the reliability and compliance with requests that are part of (1)(C) and (D)). Any person who willfully accuracy of the document that it posts on the campaign wouldn't be in the public fails to comply with the public inspection the page and must take reasonable interest by submitting a signed requirements for annual returns or precautions to prevent alteration, application to the Office of Associate exemption applications will be subject to destruction, or accidental loss of the Chief Counsel (Tax Exempt and an additional penalty of $5,000 (section document when posted on its page. In Government Entities). See Rev. Proc. 6685). the event that a posted document is altered, destroyed, or lost, the entity must 2023-1, 2023-1 I.R.B. 1, or as updated annually. Making Applications and correct or replace the document. Returns Widely Available Notice requirement. If a tax-exempt In addition, the organization can A tax-exempt organization isn't required organization has made its application for suspend compliance with any request it to comply with a request for a copy of its tax exemption and/or an annual reasonably believes to be part of the application for tax exemption or an information return widely available, it harassment campaign until it receives a annual information return if the must notify any individual requesting a response to its application for a organization has made the requested copy where the documents are available harassment campaign determination. document widely available (see below). (including the address on the Internet, if However, if the Office of Associate Chief applicable). If the request is made in Counsel (Tax Exempt and Government An organization that makes its person, the organization must provide the Entities) determines that the organization application for tax exemption and/or notice to the individual immediately. If the didn't have a reasonable basis for annual information return widely available request is made in writing, the notice requesting a determination that it was must also make the document available must be provided within 7 days of subject to a harassment campaign or for public inspection, as required under receiving the request. reasonable belief that a request was part Regulations section 301.6104(d)-1(a). of the campaign, the officer, director, trustee, employee, or other responsible A tax-exempt organization makes its individual of the organization remains application for tax exemption and/or an liable for any penalties for not providing 2023 Instructions for Form 990 81 |
Page 82 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the copies in a timely fashion. See • Schedule J (Form 990), Compensation between officers, directors, trustees, Regulations section 301.6104(d)-3. Information, Part I, lines 1b and 2. and key employees of the same • Schedule M (Form 990), Noncash subordinate organization, not Appendix E. Group Contributions, Part I, line 31. relationships between officers, directors, • Schedule N (Form 990), Liquidation, trustees, and key employees of one Returns—Reporting Termination, Dissolution, or Significant subordinate and officers, directors, Information on Behalf of Disposition of Assets, Part I, lines 3, 4a– trustees, and key employees of another b, 5, and 6a–c. subordinate. the Group 12. Part VI, line 4. Significant Except where otherwise instructed, The following is a list of other special changes to organizational where a line calls for a dollar amount or instructions for group returns. documents. Report only changes to numerical data, the central organization 1. Item B. Final return/terminated. standardized organizational documents filing the group return must aggregate If the central organization is terminating maintained by the central organization the data from all the subordinate its group exemption and filing its final that subordinates are required to adopt. organizations included in the group group return, don't check the “Final 13. Part VI, line 5. Significant return and report the aggregate number. return/terminated” box. Refer to Rev. diversion of assets. In determining For example, in answering Form 990, Part Proc. 80-27, 1980-1 C.B. 677, as whether a diversion of a subordinate’s I, line 6, the total number of volunteers for modified, for procedures for terminating assets meets the 5%/$250,000 reporting all of the subordinate organizations would the group exemption. threshold, consider only the total assets be reported. 2. Item C. Name. Enter the name of and gross receipts of that subordinate, the group exemption. Note that the group not of the parent or other subordinates. For purposes of Form 990, Part III, exemption may have a different name 14. Part VI, line 20. Person who summarize the mission and activities of than the central organization's name. possesses books and records. Identify all of the subordinate organizations as if all of the subordinate organizations were 3. Item D. EIN. Use the special EIN the person who possesses the one entity. (separate from the central organization's information furnished by the subordinate EIN) that is issued solely for the purposes organizations used in compiling the group In general, if a line requires a “Yes” or of the group return. The central return. “No” answer and the answer isn't the organization must have received a group 15. Part VII. Compensation of same for all subordinate organizations to exemption letter before it can file a group officers, directors, trustees, key which the line applies, then check “Yes” ruling. employees, and highest compensated and explain the answer in the schedule's 4. Items E, F, and J. Enter employees. File a single consolidated supplemental information section (if information for the central organization Form 990, Part VII, showing the officers, applicable) or on Schedule O (Form 990). only. directors, trustees, and key employees of For the following lines, however, check 5. Item H. Group returns. If the each subordinate included in the group “No” if the answer is “No” for any of the organization answers “Yes” to item H(a) return, and a single consolidated subordinates to which the line applies, but “No” to item H(b) (not all subordinate Schedule J (Form 990), Part II, for all and explain on Schedule O. organizations are included in the group officers, directors, trustees, and key • Form 990, Part V, lines 1c, 2b, 3b, 5c, return), then attach a list (not on employees above the compensation 6b, 7b, 7g, and 7h. Schedule O (Form 990)) showing the thresholds. Report the five highest • Form 990, Part VI, lines 8a, 8b, 10b, name, address, and EIN of each compensated employees and 12b, and 12c. subordinate organization included in the independent contractors above • Schedule C (Form 990), Political group return. Additionally, attach a list $100,000 for the whole group of Campaign and Lobbying Activities, Part (not on Schedule O (Form 990)) showing subordinates, not for each subordinate. If I-B, lines 3 and 4a. the name, address, and EIN of each one or more officers, directors, trustees, • Schedule C (Form 990), Part I-C, subordinate organization not included in key employees, or highest compensated line 4. the group return. See Regulations section employees received compensation from • Schedule C (Form 990), Part II-A, 1.6033-2(d)(2)(ii). more than one organization in the group, line 1j. the person's compensation from the • Schedule C (Form 990), Part II-B, 6. Item K. Form of organization. line 2d. Check “Other” if the group has more than several organizations must be reported in • Schedule C (Form 990), Part III-A, one form of organization. column (D). lines 1–3. 7. Item L. Year of formation. Leave 16. Part VII. Compensation from • Schedule D (Form 990), Supplemental blank for group return. related organizations. Report compensation from an organization that Financial Statements, Part I, lines 5 and 8. Item M. State of legal domicile. is included in the group ruling but that 6. Leave blank for group return. isn't among the subordinates included in • Schedule D (Form 990), Part II, lines 5 and 8. 9. Part IV, lines 14b–19, 21–22, the group return as compensation from a • Schedule E (Form 990), Schools, lines and 29, dollar thresholds. Apply the related organization in column (E), even if 1–4d and 7. dollar thresholds for the aggregate data the related organization isn't required to • Schedule F (Form 990), Statement of for the group as a whole, not subordinate be reported on Schedule R (Form 990), Activities Outside the United States, Part by subordinate. Related Organizations and Unrelated I, line 1. 10. Part IV, line 20. Hospitals. Partnerships. • Schedule G (Form 990), Supplemental Answer “Yes” if any affiliate included 17. Part XII, lines 2a–2b. Compiled, Information Regarding Fundraising or within the group return operated a reviewed, or audited financial Gaming Activities, Part III, line 9a. hospital facility. statements. Answer “Yes” only if all the • Schedule I (Form 990), Grants and 11. Part VI, line 2. Relationships subordinates in the group had their Other Assistance to Organizations, among officers, directors, trustees, financial statements compiled, reviewed, Governments, and Individuals in the and key employees. Describe on or audited individually (rather than on a United States, Part I, line 1. Schedule O (Form 990) only relationships consolidated basis). 82 2023 Instructions for Form 990 |
Page 83 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 18. Schedule A (Form 990), Part I. consolidated financial statements), to Reason for public charity status. If the describe the filing organization's share of Appendix F. subordinates don't all have the same the liability. Disregarded Entities public charity status, then check the 24. Schedule H (Form 990). public charity status box for the largest Hospitals. Complete one Schedule H for and Joint number of subordinates in the group, and all of the hospitals operated by Ventures—Inclusion of explain on Schedule A (Form 990), Public subordinates in the group, and report Charity Status and Public Support, Part aggregate data from all the hospitals. In Activities and Items IV. However, if any section 509(a)(3) Part V, Section A, list each of the organizations are among the organization’s hospital facilities Disregarded Entities subordinates in the group return, also separately. List in Section A the name A disregarded entity, as described in answer lines 12e through 12g. and EIN of the subordinate hospital Regulations sections 301.7701-1 through 19. Schedule A (Form 990), Parts II organization that operates the hospital 301.7701-3, is generally treated as a and III. Support statements. Report facility. Complete separate Sections B branch or division of its parent aggregate data for all subordinates with and C for each of the hospital facilities or organization for federal tax purposes (but the public charity status corresponding to facility reporting groups listed in see the TIP next for treatment of Part II or III. Section A. disregarded entities as separate entities 20. Schedule A (Form 990), Parts 25. Schedule J (Form 990). for employment tax purposes). Therefore, IV through VI. In addition to Part I in Compensation from related financial and other information applicable paragraph 18 above, if any section 509(a) organizations. See Part VII instructions, to a disregarded entity must be reported (3) organizations are among the earlier, in this Appendix. as the parent organization's information, subordinates in the group return, also 26. Schedule L (Form 990). except on Form 990, Part VI, lines 10a complete the relevant sections of Parts IV Transactions with interested persons. and 10b, and on Schedule R (Form 990), and V. If an answer in Part IV requires On Schedule L (Form 990), Part IV, report in which disregarded entities must be more information with respect to any only transactions between a subordinate separately reported. section 509(a)(3) organizations, then organization and its interested answer with respect to those persons—not transactions between a An organization must report on its organizations and provide that additional subordinate organization and the Form 990, including Parts VIII through X, information in Part VI. For instance, if the interested persons of other subordinates. all of the revenues, expenses, assets, group includes 50 section 509(a)(3) In determining whether a transaction liabilities, and net assets or funds of a organizations, and one of them doesn't between the subordinate and its disregarded entity of which it is the sole list all of its supported organizations by interested persons meets the financial member. The disregarded entity is name in its governing documents, then reporting thresholds of Schedule L, Part deemed to have the same accounting answer “No” to Part IV, Section A, line 1, IV, consider only the payments between period as its parent for federal tax and explain in Part VI. If the group the subordinate and its interested purposes. The organization must also includes more than one Type III persons, not payments between report the activities of a disregarded non-functionally-integrated supporting interested persons and the parent or entity in the appropriate parts (including organization, then provide aggregate other subordinates. schedules) of the Form 990. For example, data in Part V. support of a disregarded entity must be 27. Schedule N (Form 990). taken into account by the filing 21. Schedule B (Form 990). Liquidation or significant disposition organization for purposes of the public Contributors. Report a consolidated of assets. Explain on Schedule N (Form support tests set forth on Schedule A Schedule B (Form 990) for all 990), Part III, which of the subordinates (Form 990). Similarly, political subordinates included in the group have undergone a liquidation, campaign activity or lobbying activity return. Apply the dollar and percentage termination, dissolution, or significant conducted by a disregarded entity of thresholds (including the greater of disposition of assets during the tax year. which the organization is the sole $5,000 or 2% threshold for section 501(c) (3) organizations described in sections 28. Schedule R (Form 990). Related member must be reported on Schedule C 509(a)(1) and 170(b)(1)(A)(vi)) organizations. See the Instructions for (Form 990). subordinate by subordinate, not on a Schedule R (Form 990) to determine A disregarded entity is treated as group basis. when related organizations of a member TIP a separate entity for purposes of of a group exemption must be included employment tax and certain 22. Schedule C (Form 990), Part on Schedule R (Form 990). In general, excise taxes. For wages paid after II-A. Lobbying expenditures and central organizations and subordinate January 1, 2009, a disregarded entity is affiliated groups. Complete Part II-A, organizations of a group exemption required to use its name and EIN for column (b), for the group as a whole. In aren't required to be listed as related reporting and payment of employment column (a), except on lines 1g and 1h, organizations on Schedule R (Form taxes. include the amounts that apply to all 990), Part II; and all other related electing members of the group if they are organizations of the central organization A single-member LLC is treated included in the group return. If the group or of a subordinate organization are ! generally as a disregarded entity return includes organizations that belong required to be listed on Schedule R CAUTION of its sole member/owner unless to more than one affiliated group, enter in (Form 990) in the applicable part. Even if it elects to be treated as a separate column (b) the totals for all the groups. a related organization isn't required to be association. It may elect to be treated 23. Schedule D (Form 990), Part X. listed in Part II of Schedule R (Form 990), separately by filing Form 8832, Entity Other liabilities. The filing organization the organization must report its Classification Election, or by claiming can summarize that portion, if any, of the transactions with the related organization tax-exempt status in its own right (by filing FIN 48 (ASC 740) footnote that applies to in Part V, as described in the instructions a Form 1023, 1023-EZ, 1024, or 1024-A, the liability of multiple organizations for that Part. application for recognition of tax-exempt including the organization (for example, status, or a Form 990, 990-EZ, 990-N, or as a member of a group with 990-T, using its own name and EIN). 2023 Instructions for Form 990 83 |
Page 84 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Once the IRS determines a 7a through 7h are to be answered by transactions involving interested persons single-member LLC to be exempt, it is no taking into account any contributions who have such status because of their longer eligible to be treated as a made to a disregarded entity. relationship with a disregarded entity disregarded entity until the determination 9. Part VI, lines 1a–9. Members of (such as an employee of the disregarded of exemption is revoked and the LLC the governing body, officers, directors, entity who qualifies as a key employee of subsequently files a Form 8832 electing trustees, and employees of a disregarded the organization as a whole). A disregarded entity status. Similarly, a entity won't be treated as governing transaction between an interested person single-member LLC that claims body members, officers, directors, or and a disregarded entity of the exemption but hasn't been determined to trustees of the filing organization, but a organization is reportable on Schedule L. be exempt isn't eligible to be treated as person can be a key employee or 15. Schedule N (Form 990). disregarded until the claim is withdrawn highest compensated employee of the Liquidation or significant disposition or rejected and the LLC files a Form 8832 filing organization by virtue of of assets. The organization shouldn't electing disregarded entity status. See compensation paid by the disregarded prepare Part I to report a termination, Regulations section 301.7701-3(c)(1)(v) entity, or the person's responsibilities and liquidation, or dissolution of a (A). authority over operations of the disregarded entity if the filing organization The following is a list of special disregarded entity when compared to the continues to operate. Transfers to (or by) instructions for the form and schedules filing organization as a whole. See a filing organization by (or to) its regarding the reporting of a disregarded Disregarded entities under Part VII, disregarded entity aren't to be reported in entity of which the organization is the sole Section A, earlier. Part II, but transfers by or contractions of member. These items are described to 10. Part VI, Section B, lines 10a– a disregarded entity are to be taken into illustrate special applications of the rule 16b. Policies. The organization should account to determine whether a described above that a disregarded check “Yes” or “No” based on the filing reportable event (based on 25% of the entity's activities and items must be organization's policies, but for each “Yes” filing organization's net assets, including reported on the organization's Form 990 response, they must report on those of its disregarded entities) has and applicable schedules. Schedule O (Form 990) whether the occurred. 1. Part I, line 5. Number of policy applies to all of the organization's 16. Schedule R (Form 990), Part V, employees. See the instructions for Part disregarded entities (if any). line 2. Transactions with related V, lines 1 and 2, below. 11. Part VII, line 1a. Definitions of organizations. Specified payments to a 2. Part I, line 6. Number of key employee and highest disregarded entity by a controlled entity volunteers. The total number of compensated employee. An officer, of the filing organization, and transfers by volunteers to be reported can, but isn't director, trustee, and employee of a a disregarded entity to an exempt required to, include volunteers of any disregarded entity can constitute a key noncharitable entity, are to be reported disregarded entity. employee or highest compensated on Schedule R (Form 990), Part V, line 2. employee of the filing organization by 3. Part III. Program service virtue of compensation paid by the Joint Ventures Treated accomplishments. Consider activities disregarded entity, or the person's and accomplishments of all disregarded responsibilities and authority over as a Partnership for entities when answering this part. operations of the disregarded entity when Federal Income Tax 4. Part IV, line 12. Audited compared to the filing organization as a financial statements. The organization whole. See the instructions for Form 990, Purposes shouldn't answer “Yes” to this question Part VII, Section A. If the organization participates as a merely because it received audited 12. Part XII, lines 2a–2b. Financial partner or member of a joint venture, financial statements of one or more statements. If the organization included partnership, LLC, or other entity treated disregarded entities, if the audited financial information from its disregarded as a partnership for federal tax purposes financial statements of the organization entity or entities in its financial (referred to here as a “joint venture”), as weren't audited. statements, but didn't consolidate any described in Regulations sections 5. Part IV, lines 31–32. Liquidation other entity's information in its financial 301.7701-1 through 301.7701-3, then the or significant disposition of assets. statements, it should check the box for organization in general must report the See the instructions for Schedule N “Separate basis” but not the box for activities of the joint venture as its own (Form 990) in this Appendix, later. “Consolidated basis” or “Both activities, and report the joint venture’s 6. Part IV, lines 35–36. consolidated and separate basis.” revenue, expenses, and assets, to the extent of the organization's proportionate Transactions with related 13. Part XII, line 3. Uniform interest in the joint venture. For example, organizations. See the instructions for Guidance, 2 C.F.R. Part 200, Subpart a proportionate share of the political Schedule R (Form 990) in this Appendix, F. The organization must check “Yes” if a campaign activity or lobbying activity later. disregarded entity was required to conducted by a joint venture of which the 7. Part V, lines 1–2. Forms 1096 undergo an audit or audits. organization is a member must be and W-3. The total number of information reported on Schedule C (Form 990). If returns and employees to be reported, Note. The Single Audit Act of 1984 and and compliance with backup withholding OMB Circular A-133 are superseded by the joint venture is a member of a second rules, includes all backup withholding, Uniform Guidance, 2 C.F.R. Part 200, joint venture, which is a member of a third information returns, and employees of Subpart F, and now requires states, local joint venture, etc., the activities similarly any disregarded entity, whether or not the governments, and nonprofit organizations pass through all joint ventures to the disregarded entity has a separate EIN for that spend $750,000 (previously organization, according to the employment tax and information $500,000) or more of federal awards in a organization's proportionate share in reporting purposes. year to obtain an annual audit. each of the joint ventures. 8. Part V, line 7. Organizations that 14. Schedule L (Form 990). The following is a list of special can receive deductible contributions. Transactions with interested persons. instructions for the form and schedules For purposes of Form 990 reporting, lines Reportable transactions include 84 2023 Instructions for Form 990 |
Page 85 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. regarding the reporting of a joint venture 17. Schedule C (Form 990). 26. Schedule N (Form 990), Part II. of which the organization is a member. Political campaign and lobbying Disposition of 25% of assets. In 1. Part I, line 2. Disposition of 25% activities. Report the organization's determining whether the organization of assets. See the instructions for share of political campaign or lobbying made a disposition of more than 25% of Schedule N in this Appendix, later. activities conducted by a joint venture. its assets, take into account its share of 2. Part I, lines 7a–7b. Unrelated 18. Schedule D (Form 990), Part II. dispositions by a joint venture. business income. Include the Conservation easements. Include 27. Schedule R (Form 990). Related organization's distributive share (whether conservation easements held by a joint organizations. Report relationships with or not distributed) of income or loss of the venture formed for the purpose of holding certain joint ventures in Parts III and VI, joint venture that is unrelated business the easements. and certain transactions with joint income in determining the organization's 19. Schedule F (Form 990). ventures in Part V. gross and net unrelated business Activities outside the United States. income. Include activities of a joint venture, Appendix G. Section 3. Part IV, lines 3–5. Political including grants to organizations or campaign and lobbying activities. See individuals outside the United States. 4958 Excess Benefit the instructions for Schedule C in this 20. Schedule G (Form 990). Transactions Appendix, later. Fundraising and gaming. Include The intermediate sanction regulations are 4. Part IV, line 7. Conservation activities of a joint venture and the important to the exempt organization easements. See the instructions for organization's share of revenues and community as a whole, and for ensuring Schedule D in this Appendix, later. expenses. On Part III, line 12, check “Yes” compliance in this area. The rules if the joint venture was formed to provide a roadmap by which an 5. Part IV, lines 14–16. Activities administer charitable gaming. organization can steer clear of situations outside the United States. See the instructions for Schedule F in this 21. Schedule H (Form 990). that may give rise to inurement. Appendix, later. Hospitals. Report activities, expenses, Under section 4958, any disqualified and revenue of hospital facilities and person who benefits from an excess 6. Part IV, lines 17–19. Fundraising other programs operated by any joint benefit transaction with an applicable and gaming. See the instructions for venture, to the extent of the organization's tax-exempt organization is liable for a Schedule G in this Appendix, later. proportionate interest in the joint venture. 25% tax on the excess benefit. The 7. Part IV, line 20. Hospitals. See See the instructions for Schedule H, Part disqualified person is also liable for a the instructions for Schedule H in this IV, to determine how to report an 200% tax on the excess benefit if the Appendix, later. organization's interest in joint ventures excess benefit isn't corrected by a certain 8. Part IV, lines 21–22. Grants in and management companies. date. Also, organization managers who the United States. See the instructions 22. Schedule I (Form 990). Grants participate in an excess benefit for Schedule I in this Appendix, later. in the United States. Include grants transaction knowingly, willfully, and 9. Part IV, lines 26–28. Loans, from a joint venture to organizations, without reasonable cause are liable for a grants, and business transactions governments, or individuals in the United 10% tax on the excess benefit, not to involving interested persons. See the States. exceed $20,000 for all participating instructions for Schedule L in this 23. Schedule J (Form 990). managers on each transaction. Appendix, later. Compensation. If an officer, director, 10. Part IV, line 32. Disposition of trustee, or employee of the organization Applicable Tax-Exempt 25% of assets. See the instructions for receives compensation from a joint Organization Schedule N in this Appendix, later. venture, the compensation isn't treated These rules only apply to certain 11. Part IV, lines 34–37. Related as paid pro rata by the organization. The applicable section 501(c)(3), 501(c)(4), organizations and unrelated compensation may need to be reported, and 501(c)(29) organizations. An partnerships. See the instructions for however, as compensation from a related applicable tax-exempt organization is Schedule R in this Appendix, later. organization if the joint venture is a a section 501(c)(3), 501(c)(4), or 501(c) related organization. 12. Part V, line 3a. Unrelated (29) organization that is tax exempt under business income. Include the 24. Schedule K (Form 990), Part III, section 501(a), or was an organization at organization's distributive share (whether line 1. Private business use. Report any time during a 5-year period ending on or not distributed) of income or loss of the certain joint ventures that owned property the day of the excess benefit joint venture that is unrelated business financed by tax-exempt bonds. transaction. income in determining the organization's 25. Schedule L (Form 990), Parts An applicable tax-exempt gross unrelated business income. II–IV. Loans, grants, and business organization doesn't include: 13. Part VI. Governance, transactions involving interested • A private foundation, as defined in management, and disclosure. Don't persons. Report loans, grants, and section 509(a); take into account a joint venture for business transactions between the • A governmental entity that is exempt purposes of Part VI (except for lines 16a organization and a joint venture, if the from (or not subject to) taxation without and 16b). joint venture is an interested person for regard to section 501(a) or relieved from purposes of Schedule L, and if the filing an annual return under Regulations 14. Part VII. Compensation. See the transaction meets the applicable section 1.6033-2(g)(6); and instructions for Schedule J in this reporting thresholds described in the • Certain foreign organizations. Appendix, later. Schedule L instructions. Also report 15. Parts VIII, IX, and X. Financial certain joint ventures with interested An organization isn't treated as a statements. Report in accordance with persons as provided in the Schedule L, section 501(c)(3), 501(c)(4), or 501(c) the organization's books and records. Part IV, instructions as business (29) organization for any period covered 16. Part XII. Financial statements transactions themselves. by a final determination that the organization wasn't tax exempt under and reporting. Disregard a joint venture. section 501(a), so long as the 2023 Instructions for Form 990 85 |
Page 86 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. determination wasn't based on private the executive or voting powers just the organization, as compared to the inurement or one or more excess benefit mentioned, isn't a family member of a organization as a whole. transactions. disqualified person, and isn't a What about persons who staff affili- substantial contributor; ated organizations? In the case of Disqualified Person • Tax-exempt organizations described in multiple affiliated organizations, the Most section 501(c)(3), 501(c)(4), or section 501(c)(3); and determination of whether a person has 501(c)(29) organization employees and • Section 501(c)(4) organizations for substantial influence is made separately independent contractors won't be transactions engaged in with other for each applicable tax-exempt affected by these rules. Only the few section 501(c)(4) organizations. organization. A person may be a influential persons within these Who else can be considered a dis- disqualified person for more than one organizations are covered by these rules qualified person? Other persons not organization in the same transaction. when they receive benefits, such as described above can also be considered compensation, fringe benefits, or disqualified persons, depending on all the Excess Benefit contract payments. The IRS calls this relevant facts and circumstances. class of covered individuals disqualified Facts and circumstances tending to Transaction persons. show substantial influence. An excess benefit transaction is A disqualified person, regarding any • The person founded the organization. generally a transaction in which an transaction, is any person who was in a • The person is a substantial contributor economic benefit is provided by an position to exercise substantial influence to the organization under the section applicable tax-exempt organization, over the affairs of the applicable 507(d)(2)(A) definition, only taking into directly or indirectly, to or for the use of tax-exempt organization at any time account contributions to the organization any disqualified person, and the value during a 5-year period ending on the date for the past 5 years. of the economic benefit provided by the of the transaction. Persons who hold • The person's compensation is applicable tax-exempt organization certain powers, responsibilities, or primarily based on revenues derived from exceeds the value of the consideration interests are among those who are in a the activities of the organization that the (including the performance of services) position to exercise substantial influence person controls. received for providing the benefit, but see over the affairs of the organization. This • The person has or shares authority to the special rules below for donor would include, for example, voting control or determine a substantial portion advised funds and supporting members of the governing body, and of the organization's capital expenditures, organizations. An excess benefit persons holding the power of the operating budget, or compensation for transaction can also occur when a following. employees. disqualified person embezzles from the • Presidents, CEOs, or chief operating • The person manages a discrete exempt organization. officers. segment or activity of the organization • Treasurers and chief financial officers. that represents a substantial portion of To determine whether an excess A disqualified person also includes the activities, assets, income, or benefit transaction has occurred, all certain family members of a disqualified expenses of the organization, as consideration and benefits exchanged person, and 35% controlled entities of compared to the organization as a whole. between a disqualified person and the a disqualified person. • The person owns a controlling interest applicable tax-exempt organization, and (measured by either vote or value) in a all entities it controls, are taken into The following persons are considered corporation, partnership, or trust that is a account. disqualified persons for the following disqualified person. For purposes of determining the value organizations, along with certain family The person is a nonstock organization members and 35% controlled entities • of economic benefits, the value of controlled directly or indirectly by one or property, including the right to use associated with them. more disqualified persons. • For a transaction involving a donor property, is the FMV FMV. is the price at advised fund, a donor or donor advisor Facts and circumstances tending to which property, or the right to use of that donor advised fund. show no substantial influence. property, would change hands between a • For a donor advised fund sponsoring • The person is an independent willing buyer and a willing seller, neither organization, an investment advisor of the contractor whose sole relationship to the being under any compulsion to buy, sell, sponsoring organization. organization is providing professional or transfer property or the right to use • For a supported organization of a advice (without having decision-making property, and both having reasonable section 509(a)(3) supporting authority) for transactions from which the knowledge of relevant facts. organization, the disqualified persons of independent contractor won't the section 509(a)(3) supporting economically benefit. Donor advised funds. For a donor organization. • The person has taken a vow of poverty. advised fund, an excess benefit • Any preferential treatment the person transaction includes a grant, loan, See the instructions for Form 4720, receives based on the size of the compensation, or similar payment from Schedule I, for more information person's donation is also offered to the fund to a: regarding these disqualified persons. others making comparable widely • Donor or donor advisor, Who isn't a disqualified person? The solicited donations. • Family member of a donor or donor rules also clarify which persons aren't • The direct supervisor of the person advisor, considered to be in a position to exercise isn't a disqualified person. • 35% controlled entity of a donor or substantial influence over the affairs of an • The person doesn't participate in any donor advisor, or organization. They include: management decisions affecting the • 35% controlled entity of a family • An employee who receives benefits organization as a whole or a discrete member of a donor or donor advisor. that total less than the highly segment of the organization that For these transactions, the excess compensated amount ($120,000 in represents a substantial portion of the benefit is defined as the amount of the 2015–2018, $125,000 in 2019, $130,000 activities, assets, income, or expenses of grant, loan, compensation, or similar in 2020–2021, $135,000 in 2022, and payment. For additional information, see $150,000 in 2023) and who doesn't hold the Instructions for Form 4720. 86 2023 Instructions for Form 990 |
Page 87 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Supporting organizations. For any Section 4958 applies only to • Taxable and nontaxable fringe supporting organization defined in post-September 1995 transactions. benefits, except fringe benefits described section 509(a)(3), an excess benefit Section 4958 applies the general rules to in section 132. transaction includes grants, loans, excess benefit transactions occurring on • Foregone interest on loans. compensation, or similar payment or after September 14, 1995. Section Written intent required to treat bene- provided by the supporting organization 4958 doesn't apply to any transaction fits as compensation. An economic to a: occurring pursuant to a written contract benefit isn't treated as consideration for • Substantial contributor, that was binding on September 13, 1995, the performance of services unless the • Family member of a substantial and at all times thereafter before the organization providing the benefit clearly contributor, transaction occurs. The special rules indicates its intent to treat the benefit as • 35% controlled entity of a substantial relevant to transactions with donor compensation when the benefit is paid. contributor, or advised funds and supporting An applicable tax-exempt organization • 35% controlled entity of a family organizations apply to transactions (or entity that it controls) is treated as member of a substantial contributor. occurring after August 17, 2006, except clearly indicating its intent to provide an Additionally, an excess benefit that taxes on certain transactions economic benefit as compensation for transaction includes any loans provided between supporting organizations and services only if the organization provides by the supporting organization to a their substantial contributors apply to written substantiation that is disqualified person (other than an transactions occurring on or after July 25, contemporaneous with the transfer of the organization described in section 509(a) 2006. economic benefits under consideration. (1), (2), or (4)). A substantial contributor is any person What Is Reasonable Ways to provide contemporaneous written substantiation of its intent to who contributed or bequeathed an Compensation? provide an economic benefit as aggregate of more than $5,000 to the compensation include the following. organization, if that amount is more than Reasonable compensation is the 2% of the total contributions and valuation standard that is used to • The organization produces a signed bequests received by the organization determine if there is an excess benefit in written employment contract. before the end of the tax year of the the exchange of a disqualified person's • The organization reports the benefit as organization in which the contribution or services for compensation. Reasonable compensation on an original Form W-2, bequest is received by the organization compensation is the value that would Form 1099, or Form 990, or on an from the person. A substantial contributor ordinarily be paid for like services by like amended form filed before the start of an includes the grantor of a trust. enterprises under like circumstances. IRS examination. This is the section 162 standard that will • The disqualified person reports the The excess benefit for substantial apply in determining the reasonableness benefit as income on the person's original contributors and parties related to those of compensation. The fact that a bonus or Form 1040 or 1040-SR or on an contributors includes the amount of the revenue-sharing arrangement is subject amended form filed before the start of an grant, loan, compensation, or similar to a cap is a relevant factor in determining IRS examination. payment. For additional information, see the reasonableness of compensation. the Instructions for Form 4720. Exception. To the extent the economic For determining the reasonableness of benefit is excluded from the disqualified When does an excess benefit transac- compensation, all items of compensation person's gross income for income tax tion usually occur? For federal income provided by an applicable tax-exempt purposes, the applicable tax-exempt tax purposes, an excess benefit organization in exchange for the organization isn't required to indicate its transaction occurs on the date the performance of services are taken into intent to provide an economic benefit as disqualified person receives the account in determining the value of compensation for services, for example, economic benefit from the organization. compensation (except for certain employer-provided health benefits and However, when a single contractual economic benefits that are disregarded, contributions to qualified plans under arrangement provides for a series of as discussed in What benefits are section 401(a). compensation payments or other disregarded? in this Appendix, later). What benefits are disregarded? The payments to a disqualified person during Items of compensation include the following economic benefits are the disqualified person's tax year, any following. disregarded for purposes of section excess benefit transaction for these • All forms of cash and noncash 4958. payments occurs on the last day of the compensation, including salary, fees, Nontaxable fringe benefits. An disqualified person’s tax year. bonuses, severance payments, and • economic benefit that is excluded from In the case of the transfer of property deferred and noncash compensation. income under section 132. subject to a substantial risk of forfeiture, • The payment of liability insurance Benefits to volunteers. An economic or in the case of rights to future premiums for, or the payment or • benefit provided to a volunteer for the compensation or property, the transaction reimbursement by the organization of organization if the benefit is provided to occurs on the date the property, or the taxes or certain expenses under section the general public in exchange for a rights to future compensation or property, 4958, unless excludable from income as membership fee or contribution of $75 or isn't subject to a substantial risk of a de minimis fringe benefit under section less per year. forfeiture. Where the disqualified person 132(a)(4). (A similar rule applies in the Benefits to members or donors. An elects to include an amount in gross private foundation area.) Inclusion in • economic benefit provided to a member income in the tax year of transfer under compensation for purposes of of an organization due to the payment of section 83(b), the excess benefit determining reasonableness under a membership fee, or to a donor as a transaction occurs on the date the section 4958 doesn't control inclusion in result of a deductible contribution, if a disqualified person receives the income for income tax purposes. significant number of nondisqualified economic benefit for federal income tax • All other compensatory benefits, persons make similar payments or purposes. whether or not included in gross income contributions and are offered a similar for income tax purposes. economic benefit. 2023 Instructions for Form 990 87 |
Page 88 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Benefits to a charitable beneficiary. An the nonfixed payment when the economic benefit provided to a person Rebuttable Presumption employment contract is entered into by, in solely as a member of a charitable class of Reasonableness effect, assuming that the maximum that the applicable tax-exempt Payments under a compensation amount payable under the contract will be organization intends to benefit as part of arrangement are presumed to be paid, and satisfying the requirements the accomplishment of its exempt reasonable and the transfer of property giving rise to the rebuttable presumption purpose. (or right to use property) is presumed to for that maximum amount. • Benefits to a governmental unit. A be at FMV, if the following three An IRS challenge to the presumption transfer of an economic benefit to or for conditions are met. of reasonableness. The IRS can refute the use of a governmental unit, as defined in section 170(c)(1), if exclusively 1. The transaction is approved by an the presumption of reasonableness only for public purposes. authorized body of the organization (or an if it develops sufficient contrary evidence entity it controls), which is composed of to rebut the probative value of the Is there an exception for initial con- individuals who don't have a conflict of comparability data relied upon by the tracts? Section 4958 doesn't apply to interest concerning the transaction. authorized body. This provision gives any fixed payment made to a person taxpayers added protection if they pursuant to an initial contract. This is a 2. Before making its determination, faithfully find and use contemporaneous very important exception, because it the authorized body obtained and relied persuasive comparability data when they would potentially apply, for example, to all upon appropriate data as to provide the benefits. initial contracts with new, previously comparability. There is a special safe unrelated officers and contractors. harbor for small organizations. If the Organizations that don't establish a organization has gross receipts of less presumption of reasonableness. An An initial contract is a binding written than $1 million, appropriate comparability organization can still comply with section contract between an applicable data includes data on compensation paid 4958 even if it didn't establish a tax-exempt organization and a person by three comparable organizations in the presumption of reasonableness. In some who wasn't a disqualified person same or similar communities for similar cases, an organization may find it immediately before entering into the services. impossible or impracticable to fully contract. implement each step of the rebuttable 3. The authorized body adequately A fixed payment is an amount of cash documents the basis for its determination presumption process. In those cases, the or other property specified in the concurrently with making that organization should try to implement as contract, or determined by a fixed formula determination. The documentation many steps as possible, in whole or in that is specified in the contract, which is should include: part, in order to substantiate the to be paid or transferred in exchange for reasonableness of benefits as timely and the provision of specified services or a. The terms of the approved as well as possible. If an organization property. transaction and the date approved; doesn't satisfy the requirements of the A fixed formula can, in general, b. The members of the authorized rebuttable presumption of incorporate an amount that depends body who were present during debate on reasonableness, a facts and upon future specified events or the transaction that was approved and circumstances approach will be followed, contingencies, as long as no one has those who voted on it; using established rules for determining discretion when calculating the amount of c. The comparability data obtained reasonableness of compensation and a payment or deciding whether to make a and relied upon by the authorized body benefit deductions in a manner similar to payment (such as a bonus). and how the data was obtained; the established procedures for section 162 business expenses. Treatment as new contract. A binding d. Any actions by a member of the written contract, providing that it can be authorized body having a conflict of Section 4958 Taxes terminated or canceled by the applicable interest; and tax-exempt organization without the other e. Documentation of the basis for the Tax on disqualified persons. An excise party's consent (except as a result of determination before the later of the next tax equal to 25% of the excess benefit is substantial nonperformance) and without meeting of the authorized body or 60 imposed on each excess benefit substantial penalty, is treated as a new days after the final actions of the transaction between an applicable contract, as of the earliest date that any authorized body are taken, and approval tax-exempt organization and a termination or cancellation would be of records as reasonable, accurate, and disqualified person. The disqualified effective. Also, a contract in which there complete within a reasonable time person who benefited from the is a material change, which includes an thereafter. transaction is liable for the tax. If the 25% extension or renewal of the contract tax is imposed and the excess benefit (except for an extension or renewal Special rebuttable presumption rule transaction isn't corrected within the tax resulting from the exercise of an option by for nonfixed payments. As a general period, an additional excise tax equal to the disqualified person), or a more than rule, in the case of a nonfixed payment, 200% of the excess benefit is imposed. incidental change to the amount payable no rebuttable presumption arises until the If a disqualified person makes a under the contract, is treated as a new exact amount of the payment is payment of less than the full correction contract as of the effective date of the determined, or a fixed formula for amount, the 200% tax is imposed only on material change. Treatment as a new calculating the payment is specified, and the unpaid portion of the correction contract can cause the contract to fall the three requirements creating the amount. If more than one disqualified outside the initial contract exception, and presumption have been satisfied. person received an excess benefit from it would thus be tested under the FMV However, if the authorized body approves an excess benefit transaction, all the standards of section 4958. an employment contract with a disqualified persons are jointly and disqualified person that includes a severally liable for the taxes. nonfixed payment (for example, To avoid the imposition of the 200% discretionary bonus) with a specified cap tax, a disqualified person must correct on the amount, the authorized body can the excess benefit transaction during the establish a rebuttable presumption as to 88 2023 Instructions for Form 990 |
Page 89 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. tax period. The tax period begins on the inquiry or examination into whether an date the transaction occurs and ends on Correcting an Excess excess benefit transaction has occurred the earlier of the date the statutory notice Benefit Transaction between a church and a disqualified of deficiency is issued or the section A disqualified person corrects an person. 4958 taxes are assessed. This 200% tax excess benefit transaction by undoing can be abated if the excess benefit the excess benefit to the extent possible, Revenue-Sharing transaction is subsequently corrected and by taking any additional measures Transactions during a 90-day correction period. necessary to place the organization in a Proposed intermediate sanction Tax on organization managers. An financial position not worse than that in regulations were issued in 1998. The excise tax equal to 10% of the excess which it would be if the disqualified proposed regulations had special benefit can be imposed on the person were dealing under the highest provisions covering “any transaction in participation of an organization manager fiduciary standards. The organization isn't which the amount of any economic in an excess benefit transaction between required to rescind the underlying benefit provided to or for the use of a an applicable tax-exempt organization agreement; however, the parties may disqualified person is determined in and a disqualified person. This tax, which need to modify an ongoing contract for whole or in part by the revenues of one or can't exceed $20,000 for any single future payments. more activities of the organization” — transaction, is only imposed if the 25% A disqualified person corrects an so-called revenue-sharing transactions. tax is imposed on the disqualified person, excess benefit by making a payment in Rather than setting forth additional rules the organization manager knowingly cash or cash equivalents equal to the on revenue-sharing transactions, the final participated in the transaction, and the correction amount to the applicable regulations reserve this section. manager's participation was willful and tax-exempt organization. The correction Consequently, until the IRS issues new not due to reasonable cause. There is amount equals the excess benefit plus regulations for this reserved section on also joint and several liability for this tax. the interest on the excess benefit; the revenue-sharing transactions, these An organization manager can be liable for interest rate can be no lower than the transactions will be evaluated under the both the tax on disqualified persons and applicable federal rate. There is an general rules (for example, the FMV on organization managers in appropriate anti-abuse rule to prevent the disqualified standards) that apply to all contractual circumstances. person from effectively transferring arrangements between applicable An organization manager is any property other than cash or cash tax-exempt organizations and their officer, director, or trustee of an equivalents. disqualified persons. applicable tax-exempt organization, or any individual having powers or Exception. For a correction of an excess Revocation of responsibilities similar to officers, benefit transaction described under directors, or trustees of the organization, Donor advised funds, earlier, no amount Exemption and Section regardless of title. An organization repaid in a manner prescribed by the IRS 4958 manager isn't considered to have can be held in a donor advised fund. participated in an excess benefit Section 4958 doesn't affect the transaction where the manager has Property. With the agreement of the substantive standards for tax exemption opposed the transaction in a manner applicable tax-exempt organization, a under section 501(c)(3), 501(c)(4), or consistent with the fulfillment of the disqualified person can make a payment 501(c)(29), including the requirements manager's responsibilities to the by returning the specific property that the organization be organized and organization. For example, a director who previously transferred in the excess operated exclusively for exempt votes against giving an excess benefit benefit transaction. The return of the purposes, and that no part of its net would ordinarily not be subject to this tax. property is considered a payment of cash earnings inure to the benefit of any (or cash equivalent) equal to the lesser private shareholder or individual. The A person participates in a transaction of: legislative history indicates that in most knowingly if the person has actual • The FMV of the property on the date instances, the imposition of this knowledge of sufficient facts so that, the property is returned to the intermediate sanction will be in lieu of based solely upon the facts, the organization, or revocation. The IRS has indicated that transaction would be an excess benefit • The FMV of the property on the date the following factors will be considered transaction. Knowing doesn't mean the excess benefit transaction occurred. (among other facts and circumstances) in having reason to know. The organization determining whether to revoke an manager won’t ordinarily be considered Insufficient payment. If the payment knowing if, after full disclosure of the resulting from the return of the property is applicable tax-exempt organization's factual situation to an appropriate less than the correction amount, the exemption status where an excess professional, the organization manager disqualified person must make an benefit transaction has occurred. relied on the professional's reasoned additional cash payment to the • The size and scope of the written opinion on matters within the organization equal to the difference. organization's regular and ongoing activities that further exempt purposes professional's expertise or if the manager Excess payment. If the payment before and after the excess benefit relied on the fact that the requirements for resulting from the return of the property transaction or transactions occurred. the rebuttable presumption of exceeds the correction amount described • The size and scope of the excess reasonableness have been satisfied. above, the organization can make a cash benefit transaction or transactions Participation by an organization manager payment to the disqualified person equal (collectively, if more than one) in relation is willful if it is voluntary, conscious, and to that difference. to the size and scope of the intentional. An organization manager's organization's regular and ongoing participation is due to reasonable cause if Churches and Section activities that further exempt purposes. the manager has exercised responsibility • Whether the organization has been on behalf of the organization with 4958 involved in multiple excess benefit ordinary business care and prudence. The regulations make it clear that the IRS transactions with one or more persons. will apply the procedures of section 7611 when initiating and conducting any 2023 Instructions for Form 990 89 |
Page 90 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Whether the organization has or print all of the forms, instructions, and Forms W-2 and W-3. Wage and Tax implemented safeguards that are publications you may need. Or, you can Statement; and Transmittal of Wage and reasonably calculated to prevent excess go to IRS.gov/OrderForms to place an Tax Statements. benefit transactions. order. • Whether the excess benefit transaction Form W-9. Request for Taxpayer Getting tax publications and instruc- has been corrected, or the organization Identification Number and Certification. tions in eBook format. You can also has made good faith efforts to seek Form 720. Quarterly Federal Excise Tax download and view popular tax correction from the disqualified person(s) Return. publications and instructions (including who benefited from the excess benefit the Instructions for Form 1040) on mobile transaction. The Patient-Centered Outcomes devices as eBooks at IRS.gov/eBooks. Research fee is imposed on Appendix H. Forms and Note. IRS eBooks have been tested CAUTION! issuers of specified health using Apple's iBooks for iPad. Our insurance policies (section 4375) and Publications To File or eBooks haven’t been tested on other plan sponsors of applicable self-insured Use dedicated eBook readers, and eBook health plans (section 4376) for policy and functionality may not operate as plan years ending on or after October 1, How To Get Forms and intended. 2012. See Form 720 and section 4376 for more information. Publications Phone. If you have questions and/or need help completing Form 990 or In addition to various federal excise taxes Internet. You can access the IRS 990-EZ, call 877-829-5500. This toll-free that are paid with the filing of Form 720, website at IRS.gov 24 hours a telephone service is available Monday the Patient-Centered Outcomes day, 7 days a week to: through Friday. Research fee that is imposed on issuers • Download forms, including talking tax of specified health insurance policies and forms, instructions, and publications; Other Forms That May Be plan sponsors of applicable self-insured • Order IRS products online; Required health plans is payable annually and • Research your tax questions online; reported on the Form 720 that is filed for • Search publications online by topic or Schedule A (Form 990). Public Charity the second quarter of each year, which is keyword; Status and Public Support. due no later than July 31 of the calendar • Use the online Internal Revenue Code, Schedule B (Form 990). Schedule of year immediately following the last day of regulations, or other official guidance; Contributors. the policy year or plan year to which the • View Internal Revenue Bulletins (IRBs) fee applies. published in the last few years; and Schedule C (Form 990). Political • Sign up to receive local and national Campaign and Lobbying Activities. Form 926. Return by a U.S. Transferor of tax news by email. Schedule D (Form 990). Supplemental Property to a Foreign Corporation. Financial Statements. Form 940. Employer's Annual Federal How To Get Tax Help Schedule E (Form 990). Schools. Unemployment (FUTA) Tax Return. Coronavirus. Go to IRS.gov/ Schedule F (Form 990). Statement of Form 941. Employer's QUARTERLY Coronavirus for links to information on the Activities Outside the United States. Federal Tax Return. Used to report social security, Medicare, and income taxes impact of the coronavirus, as well as tax Schedule G (Form 990). Supplemental withheld by an employer and social relief available for individuals and Information Regarding Fundraising or security and Medicare taxes paid by an families, small and large businesses, and Gaming Activities. employer. tax-exempt organizations. Schedule H (Form 990). Hospitals. Form 943. Employer's Annual Federal Getting answers to your tax ques- Tax Return for Agricultural Employees. tions. On IRS.gov, you can get Schedule I (Form 990). Grants and up-to-date information on current events Other Assistance to Organizations, Form 990-T. Exempt Organization and changes in tax law. Governments, and Individuals in the Business Income Tax Return. Filed • IRS.gov/Help: A variety of tools to help United States. separately for organizations subject to you get answers to some of the most Schedule J (Form 990). Compensation UBTI that have total gross income from all common tax questions. Information. of their unrelated trades or businesses • IRS.gov/ITA: The Interactive Tax of $1,000 or more for the tax year. The Assistant, a tool that will ask you Schedule K (Form 990). Supplemental Form 990-T is also filed to pay the section questions and, based on your input, Information on Tax-Exempt Bonds. 6033(e)(2) proxy tax. For Form 990, see provide answers on a number of tax law Schedule L (Form 990). Transactions Part V, line 3, and its instructions; for topics. With Interested Persons. Form 990-EZ, see Part V, line 35, and its • IRS.gov/Forms: Find forms, instructions. instructions, and publications. You will Schedule M (Form 990). Noncash find details on the most recent tax Contributions. Form 1023. Application for Recognition of Exemption Under Section 501(c)(3) of changes and interactive links to help you Schedule N (Form 990). Liquidation, the Internal Revenue Code. find answers to your questions. Termination, Dissolution, or Significant • The Online EIN Application IRS.gov/ ( Disposition of Assets. Form 1023-EZ. Streamlined Application EIN) helps you get an employer for Recognition of Exemption Under identification number (EIN) at no cost. Schedule O (Form 990). Supplemental Section 501(c)(3) of the Internal Revenue • You may also be able to access tax law Information to Form 990 or 990-EZ. Code. information in your electronic filing Schedule R (Form 990). Related Form 1024. Application for Recognition software. Organizations and Unrelated of Exemption Under Section 501(a). Getting tax forms and publications. Partnerships. Go to IRS.gov/Forms to view, download, 90 2023 Instructions for Form 990 |
Page 91 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 1024-A. Application for Form 4562. Depreciation and received in the course of a trade or Recognition of Exemption Under Section Amortization. business. 501(c)(4) of the Internal Revenue Code. Form 8328. Carryforward Election of Form 4720. Return of Certain Excise Form 1040. U.S. Individual Income Tax Taxes Under Chapters 41 and 42 of the Unused Private Activity Bond Volume Return. Internal Revenue Code. Cap. Form 1040-SR. U.S. Tax Return for Form 5471. Information Return of U.S. Form 8718. User Fee for Exempt Seniors. Persons With Respect to Certain Foreign Organization Determination Letter Corporations. Request. Form 1041. U.S. Income Tax Return for Estates and Trusts. Required of section Form 5500. Annual Return/Report of Form 8821. Tax Information 4947(a)(1) nonexempt charitable trusts Employee Benefit Plan. Employers who Authorization. that also file Form 990 or 990-EZ. maintain pension, profit-sharing, or other Form 8822-B. Change of Address or However, if the trust doesn't have any funded deferred compensation plans are Responsible Party—Business. Used to taxable income under subtitle A of the generally required to file Form 5500. This notify the IRS of a change in mailing Code, it can file Form 990 or 990-EZ, and requirement applies whether or not the address that occurs after the return is doesn't have to file Form 1041 to meet its plan is qualified under the Internal filed. section 6012 filing requirement. If this Revenue Code and whether or not a condition is met, complete Form 990 or deduction is claimed for the current tax Form 8868. Application for Extension of 990-EZ, and don't file Form 1041. year. Time To File an Exempt Organization Return or Excise Taxes Related to Form 1096. Annual Summary and Form 5578. Annual Certification of Employee Benefit Plans. Transmittal of U.S. Information Returns. Racial Nondiscrimination for a Private School Exempt From Federal Income Form 8870. Information Return for Form 1098 series. Information returns Transfers Associated With Certain Tax. to report mortgage interest, student loan Personal Benefit Contracts. Used to interest, qualified tuition and related Form 5768. Election/Revocation of identify those personal benefit contracts expenses received, and a contribution of Election by an Eligible Section 501(c)(3) for which funds were transferred to the a qualified vehicle that has a claimed Organization To Make Expenditures To organization, directly or indirectly, as well value of more than $500. Influence Legislation. as the transferors for, and beneficiaries Form 1099 series. Information returns Form 7004. Application for Automatic of, those contracts. to report acquisitions or abandonments of Extension of Time To File Certain Form 8871. Political Organization Notice secured property; proceeds from broker Business Income Tax, Information, and of Section 527 Status. and barter exchange transactions; Other Returns. cancellation of debt; dividends and Form 8872. Political Organization Form 8038 series. Tax-exempt bonds. distributions; certain government and Report of Contributions and state qualified tuition program payments; Form 8274. Certification by Churches Expenditures. taxable distributions from cooperatives; and Qualified Church-Controlled Form 8886. Reportable Transaction interest payments; payments of long-term Organizations Electing Exemption From Disclosure Statement. care and accelerated death benefits; Employer Social Security and Medicare miscellaneous income payments; Taxes. Form 8886-T. Disclosure by Tax-Exempt Entity Regarding Prohibited Tax Shelter distributions from an HSA, Archer MSA, Form 8282. Donee Information Return. Transaction. or Medicare Advantage MSA; original Required of the donee of charitable issue discount; distributions from deduction property who sells, exchanges, Form 8899. Notice of Income From pensions, annuities, retirement or or otherwise disposes of donated Donated Intellectual Property. Used to profit-sharing plans, IRAs, insurance property within 3 years after receiving it. report net income from qualified contracts, etc.; and proceeds from real The form is also required of any intellectual property to the IRS and the estate transactions. Also, use certain of successor donee who disposes of the donor. these returns to report amounts that were charitable deduction property within 3 Form 8940. Request for Miscellaneous received as a nominee on behalf of years after the date that the donor gave Determination. another person. the property to the original donee. It Form 1120-POL. U.S. Income Tax doesn't matter who gave the property to Form 8976. Notice of Intent to Operate Return for Certain Political Organizations. the successor donee. It may have been Under Section 501(c)(4). the original donee or another successor Form SS-4. Application for Employer Form 1128. Application To Adopt, donee. Identification Number. Change, or Retain a Tax Year. Form 8283. Noncash Charitable FinCEN Form 114. Report of Foreign Form 2848. Power of Attorney and Contributions. Bank and Financial Accounts. Declaration of Representative. Form 8300. Report of Cash Payments Form 3115. Application for Change in Over $10,000 Received in a Trade or Helpful Publications Accounting Method. Business. Used to report cash amounts Pub. 15. (Circular E), Employer's Tax Form 3520. Annual Return To Report in excess of $10,000 that were received Guide. Transactions With Foreign Trusts and in a single transaction (or in two or more Receipt of Certain Foreign Gifts. related transactions) in the course of a Trust fund recovery penalty. If trade or business (as defined in section certain excise, income, social Form 4506. Request for Copy of Tax CAUTION! security, and Medicare taxes that 162). Return. must be collected or withheld aren't However, if the organization receives a collected or withheld, or these taxes Form 4506-A. Request for a Copy of charitable cash contribution in excess of aren't paid to the IRS, the trust fund Exempt or Political Organization IRS $10,000, it isn't subject to the reporting recovery penalty can apply. The trust Form. requirement since the funds weren't 2023 Instructions for Form 990 91 |
Page 92 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. fund recovery penalty can be imposed on Pub. 4302. A Charity's Guide to Vehicle • A report on the financial statements by all persons (including volunteers) who the Donation. an independent accountant. IRS determines were responsible for • Answers to additional questions and collecting, accounting for, and paying Pub. 4303. A Donor's Guide to Vehicle other information. over these taxes, and who acted willfully Donation. Each jurisdiction can require the in not doing so. Pub. 4386. Compliance Checks. additional material to be presented on This penalty doesn't apply to volunteer Pub. 4573. Group Exemptions. forms they provide. The additional information shouldn't be submitted with unpaid members of any board of trustees the Form 990 or 990-EZ filed with the or directors of a tax-exempt organization, Appendix I. Use of Form IRS, unless included on Schedule O if these members are solely serving in an 990 or 990-EZ To Satisfy (Form 990). honorary capacity, don't participate in the day-to-day or financial activities of the State Reporting Even if the Form 990 or 990-EZ that organization, and don't have actual the organization files with the IRS is knowledge of the failure to collect, Requirements accepted by the IRS as complete, a copy account for, and pay over these taxes. Some states and local governmental of the same return filed with a state won't However, the preceding sentence doesn't units will accept a copy of Form 990 or fully satisfy that state's filing requirement apply if it results in no person being liable 990-EZ in place of all or part of their own if (1) required information isn't provided, for the penalty. financial report forms. The substitution including any of the additional information applies primarily to section 501(c)(3) discussed in this Appendix; or (2) the The penalty is equal to the unpaid trust organizations, but some other types of state determines that the form wasn't fund tax. See Pub. 15 (Circular E) for section 501(c) organizations are also completed by following the applicable more details, including the definition of affected. If the organization uses Form Form 990 or 990-EZ instructions or responsible persons. 990 or 990-EZ to satisfy state or local supplemental state instructions. In that Pub. 15-A. Employer's Supplemental filing requirements, such as those under case, the state may ask the organization Tax Guide. state charitable solicitation acts, note the to provide the missing information or to following discussions. submit an amended return. Pub. 463. Travel, Gift, and Car Use of audit guides may be required. Expenses. Determine state filing requirement. The organization can consult the To ensure that all organizations report Pub. 525. Taxable and Nontaxable appropriate officials of all states and similar transactions uniformly, many Income. other jurisdictions in which it does states require that contributions, gifts, Pub. 526. Charitable Contributions. business to determine their specific filing grants, similar amounts, and functional requirements. Doing business in a expenses be reported according to the Pub. 538. Accounting Periods and jurisdiction can include: AICPA Audit and Accounting Guide, Methods. • Soliciting contributions or grants by Not-for-Profit Entities (2018), Pub. 557. Tax-Exempt Status for Your mail or otherwise from individuals, supplemented, as applicable, by the Organization. businesses, or other charitable Standards of Accounting and Financial organizations; Reporting for Voluntary Health and Pub. 561. Determining the Value of • Conducting programs; Welfare Organizations issued jointly by Donated Property. • Having employees within that the National Health Council, Inc., the Pub. 598. Tax on Unrelated Business jurisdiction; National Assembly of Voluntary Health Income of Exempt Organizations. • Maintaining a checking account; or and Social Welfare Organizations, and • Owning or renting property there. the United Way of America (1998). Pub. 892. How to Appeal an IRS Decision on Tax-Exempt Status. Monetary tests can differ. Some or all Donated services and facilities. Even of the dollar limitations applicable to Form though donated services and facilities Pub. 946. How To Depreciate Property. 990 or 990-EZ when filed with the IRS may be reported as items of revenue and Pub. 1771. Charitable may not apply when using Form 990 or expense in certain circumstances, many Contributions—Substantiation and 990-EZ in place of state or local report states and the IRS don't permit the Disclosure Requirements. forms. Examples of the IRS dollar inclusion of those amounts in Parts VIII limitations that don't meet some state and IX of Form 990, Part I of Form Pub. 1828. Tax Guide for Churches and requirements are the normally $50,000 990-EZ, or (except for donations by a Religious Organizations. gross receipts minimum that creates an governmental unit) Schedule A (Form Pub. 3079. Tax-Exempt Organizations obligation to file with the IRS and the 990). The optional reporting of donated and Gaming. $100,000 minimum for listing services and facilities is discussed in the independent contractors on Form 990, instructions for Part III of Form 990. Pub. 3386. Tax Guide for Veterans' Part VII, Section B. Amended returns. If the organization Organizations. Additional information may be re- submits supplemental information or files Pub. 3833. Disaster Relief, Providing quired. State or local filing requirements an amended Form 990 or 990-EZ with Assistance Through Charitable can require the organization to attach to the IRS, it must also send a copy of the Organizations. Form 990 or 990-EZ one or more of the information or amended return to any Pub. 4220. Applying for 501(c)(3) following. state with which it filed a copy of Form Tax-Exempt Status. • Additional financial statements, such 990 or 990-EZ originally to meet that as a complete analysis of functional state's filing requirement. If a state Pub. 4221-PC. Compliance Guide for expenses or a statement of changes in requires the organization to file an 501(c)(3) Public Charities. net assets. amended Form 990 or 990-EZ to correct Pub. 4221-PF. Compliance Guide for • Notes to financial statements. conflicts with the Form 990 or 990-EZ 501(c)(3) Private Foundations. • Additional financial statements. instructions, the organization must also file an amended return with the IRS. 92 2023 Instructions for Form 990 |
Page 93 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. A donee organization reports all Method of accounting. Most states IF... THEN... income from donated qualified require that all amounts be reported based on the accrual method of the it must keep samples of the intellectual property as income other than accounting. See also General Instruction organization advertising copy. contributions (for example, royalty income advertises its from a patent). A donee isn't required to D, earlier. fundraising report as contributions on Form 990 Time for filing can differ. The deadline events (including statements) any of the for filing Form 990 or 990-EZ with the IRS the it must keep samples of scripts, additional deductions claimed by donors differs from the time for filing reports with organization transcripts, printouts of emails under section 170(m)(1). See Pub. 526. some states. uses radio, and web pages, or other Motor vehicles, boats, and television, or evidence of solicitations in the Public inspection. The Form 990 or Internet to media. airplanes. Special rules apply to 990-EZ information made available for solicit charitable contributions of motor vehicles, public inspection by the IRS can differ contributions boats, or airplanes with a claimed value of more than $500. See Form 990, Part V, from that made available by the states. the it must keep samples of the line 7h; section 170(f)(12); Pub. 4302, A organization fundraising materials used by Appendix J. uses outside the outside fundraisers. Charity’s Guide to Vehicle Donation; and fundraisers the Instructions for Form 1098-C, Contributions Contributions of Motor Vehicles, Boats, This Appendix discusses certain federal and Airplanes. tax rules that apply to exempt For each fundraising event, the organizations and donors for organization must keep records to show Substantiation and disclosure contributions. See also Pub. 526, the portion of any payment received from requirements for charitable Charitable Contributions; and Pub. 1771, patrons that isn't deductible, that is, the contributions. Charitable Contributions—Substantiation retail value of the goods or services Recordkeeping for cash, check, or and Disclosure Requirements. received by the patrons. See Disclosure other monetary charitable gifts. To Schedule B (Form 990). Many statement for quid pro quo contributions, deduct a contribution of a cash, check, or organizations that file Form 990, 990-EZ, later. other monetary gift (regardless of the amount), a donor must maintain a bank or 990-PF must file Schedule B to report Noncash contributions. Form 990 record or a written communication from on tax-deductible and non-tax-deductible schedules. An organization may be the donee organization showing the contributions. See Schedule B and its required to file Schedule M to report donee's name, date, and amount of the instructions to determine whether certain noncash (property) contributions; contribution. See section 170(f)(17) and Schedule B must be filed, and for the see the instructions for Schedule M on Regulations section 1.170A-15 for more public inspection rules applicable to that who must file. Also, an organization that information. In the case of a text message form. files Schedule B must report certain contribution, the donor's phone bill meets Solicitation of nondeductible contri- information on noncash contributions. the section 170(f)(17) recordkeeping bution. See the instructions for Form Dispositions of donated property. requirement of a reliable written record if 990, Part V, lines 6a and 6b, for rules on If an organization receives a charitable it shows the name of the donee public notice of nondeductibility when contribution of property and within 3 organization and the date and amount of soliciting nondeductible contributions. years sells, exchanges, or otherwise contribution. Keeping fundraising records for disposes of the property, the organization Acknowledgment to substantiate tax-deductible contributions. A may need to file Form 8282, Donee charitable contributions. A donee section 501(c) organization that is eligible Information Return. See Form 990, Part organization should be aware that a to receive tax-deductible contributions V, lines 7c and 7d. donor of a charitable contribution of $250 under section 170(c) must keep sample Donated property over $5,000. If the or more (including a contribution of copies of its fundraising materials, such organization received from a donor a unreimbursed expenses) can't take an as: partially completed Form 8283, Noncash income tax deduction unless the donor • Dues statements, Charitable Contributions, the donee obtains the organization’s • Fundraising solicitations, organization should generally complete acknowledgment to substantiate the • Tickets, the Form 8283 and return it so the donor charitable contribution. See section • Receipts, or can get a charitable contribution 170(f)(8) and Regulations section • Other evidence of payments received deduction. The organization should keep 1.170A-13(f). A charitable organization in connection with fundraising activities. a copy for its records. See Form 8283 for that receives a payment made as a more details. contribution is treated as the donee Qualified intellectual property. An organization for this purpose even if the organization described in section 170(c) organization (according to the donor’s (except a private foundation) that instructions or otherwise) distributes the receives or accrues net income from a amount received to one or more charities. qualified intellectual property contribution The organization's acknowledgment must file Form 8899, Notice of Income must: From Donated Intellectual Property. See Form 990, Part V, line 7g. The 1. Be written; organization must file Form 8899 for any 2. Be contemporaneous; tax year that includes any part of the 3. State the amount of any cash it 10-year period beginning on the date of received; contribution but not for any tax years in 4. State: which the legal life of the qualified intellectual property has expired or the a. Whether the organization gave the property failed to produce net income. donor any intangible religious benefits (no valuation needed), and 2023 Instructions for Form 990 93 |
Page 94 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. b. Whether the organization gave the 3. Describe, but need not value, written acknowledgment may indicate donor any goods or services in return for certain goods or services given to the that no goods or services were provided the donor’s contribution (a quid pro quo donor’s employees or partners; and in exchange for the donor’s payment. contribution); and 4. Inform the donor that a charitable Certain membership benefits. Other 5. Describe goods or services the contribution deduction is limited as goods or services that are disregarded organization: follows. for substantiation and disclosure purposes are annual membership a. Received (no valuation needed), Donor’s contribution benefits offered to a taxpayer in and Less exchange for a payment of $75 or less b. Gave (good faith estimate of value The organization’s money, goods, and per year that consist of: needed). services given in return 1. Any rights or privileges that the Equals taxpayer can exercise frequently during If the organization accepts a Donor’s deductible charitable the membership period such as: contribution in the name of one of its contribution. activities or programs, then indicate the a. Free or discounted admission to Exceptions. No disclosure statement organization's name in the the organization's facilities or events, or is required if the organization gave only: acknowledgment as well as the program's name. For example: “Thank 1. Goods or services with b. Free or discounted parking; or you for your contribution of $300 to insubstantial value, 2. Admission to events that are: (organization's name) made in the name 2. Certain membership benefits, a. Open only to members, and of our Special Relief Fund program. No 3. Goods or services described in (1) b. Within the low-cost article goods or services were provided in or (2) given to the employees of a donor limitation, per person. exchange for your contribution.” organization or the partners of a donor Similarly, if a domestic organization partnership, or Example 1. E offers a basic membership benefits package for $75. owns and controls a domestic 4. Intangible religious benefits. The package gives members the right to disregarded entity, and the disregarded entity receives a contribution, then These exceptions are defined below. buy tickets in advance, free parking, and indicate the organization's name in the See also Regulations sections 1.170A-1, a gift shop discount of 10%. E’s $150 acknowledgment as well as the 1.170A-13, and 1.6115-1. preferred membership benefits package also includes a $20 poster. Both the relationship with the disregarded entity. Certain goods or services disregar- basic and preferred membership For example: “Thank you for your ded for substantiation and disclosure packages are for a 12-month period and contribution of $300 to (organization's purposes. include about 50 productions. E offers F, name) made in the name of (name of disregarded entity), which is treated as a Goods or services with a patron of the arts, the preferred disregarded entity of (organization's insubstantial value. Generally, under membership benefits in return for a name) for federal tax purposes. No goods section 170, the deductible amount of a payment of $150 or more. F accepts the or services were provided in exchange for contribution is determined by taking into preferred membership benefits package your contribution.” See Notice 2012-52, account the FMV, not the cost to the for $300. E’s written acknowledgment 2012-35 I.R.B. 317. charity, of any benefits that the donor satisfies the substantiation requirement if received in return. However, the cost to it describes the poster, gives a good faith Exception. The written the charity may be used in determining estimate of its FMV ($20), and disregards acknowledgment need not include a whether the benefits are insubstantial. the remaining membership benefits. good faith estimate of value for goods or See Cost basis next. services given to the donor if they are: Example 2. In Example 1, if F Cost basis. If a taxpayer makes a received only the basic membership 1. Goods or services with payment of $62.50 or more to a charity package for its $300 payment, E’s insubstantial value, and receives only token items in return, acknowledgment need state only that no 2. Certain membership benefits, the items have insubstantial value if they: goods or services were provided. 3. Goods or services described in (1) • Bear the charity’s name or logo, and or (2) given to the employees of a donor • Have an aggregate cost to the charity Example 3. G Theater Group organization or the partners of a donor of $12.50 or less (low-cost article amount performs four plays. Each play is partnership, or of section 513(h)(2)). performed twice. Nonmembers can FMV basis. If a taxpayer makes a purchase a ticket for $15. For a $60 4. Intangible religious benefits. payment to a charitable organization in a membership fee, however, members are These exceptions are defined below. fundraising campaign and receives offered free admission to any of the benefits with an FMV of not more than performances. H makes a payment of Disclosure statement for quid pro quo 2% of the amount of the payment, or $350 and accepts this membership contributions. If the organization $125, whichever is less, the benefits benefit. Because of the limited number of receives a quid pro quo contribution of received have insubstantial value in performances, the membership privilege more than $75, the organization must determining the taxpayer’s contribution. can't be exercised frequently. Therefore, provide a disclosure statement to the G’s acknowledgment must describe the donor. See section 6115. The dollar amounts given above free admission benefit and estimate its The organization’s disclosure ! are applicable to tax year 2023 value in good faith. statement must: CAUTION under Rev. Proc. 2022-38, Certain goods or services provided 2022-45 I.R.B. 1, section 3.34. They are to donor’s employees or partners. 1. Be written; adjusted annually for inflation. Certain goods or services provided to 2. Estimate in good faith the value of employees of donor organizations or the organization’s goods or services When a donee organization provides a given in return for the donor’s donor only with goods or services having partners of donor partnerships may be contribution; insubstantial value under Rev. Proc. disregarded for substantiation and 2022-38 (and any successor disclosure purposes. Nevertheless, the documents), the contemporaneous donee organization's disclosure 94 2023 Instructions for Form 990 |
Page 95 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. statement must describe the goods or • A pledge card or other document from • Cash, services. A good faith estimate of value the donee organization that shows its • Property, isn't needed. name. For contributions of $250 or more, • Services, Example. Museum J offers a basic the document must state that the donee • Benefits, and membership benefits package for $40. It organization provides no goods or • Privileges. includes free admission and a 10% gift services for any payroll contributions. In consideration for. A donee shop discount. Corporation K makes a The amount withheld from each payment organization provides goods or services $50,000 payment to J and in return, J of wages to a taxpayer is treated as a in consideration for a taxpayer’s payment offers K’s employees free admission, a separate contribution. if, at the time the taxpayer makes the T-shirt with J’s logo that costs J $4.50, Substantiation of matched payment to the donee organization, the and a 25% gift shop discount. Because payments. If a taxpayer’s payment to a taxpayer receives, or expects to receive, the free admission is a privilege that can donee organization is matched by goods or services in exchange for that be exercised frequently and is offered in another payor, and the taxpayer receives payment. both benefit packages, and the value of goods or services in consideration for its Goods or services a donee the T-shirts is insubstantial, Museum J's payment and some or all of the matching organization provides in consideration for disclosure statement need not value or payment, those goods or services will be a payment by a taxpayer include goods mention the free admission benefit or the treated as provided in consideration for or services provided in a year other than T-shirts. However, because the 25% gift the taxpayer’s payment and not in the year in which the donor makes the shop discount to K’s employees differs consideration for the matching payment. payment to the donee organization. from the 10% discount offered in the Disclosure statement. An Intangible religious benefits. basic membership benefits package, J's organization must provide a written Intangible religious benefits are provided disclosure statement must describe the disclosure statement to donors who only by organizations organized 25% discount, but need not estimate its make a quid pro quo contribution in exclusively for religious purposes. value. excess of $75 (section 6115). This Examples include: requirement is separate from the written Definitions substantiation acknowledgment a donor • Admission to a religious ceremony; Substantiation. It is the responsibility needs for deductibility purposes. While, and of the donor: in certain circumstances, an organization • De minimis tangible benefits, such as • To value a donation, and may be able to meet both requirements wine provided in connection with a • To obtain an organization's written with the same written document, an religious ceremony. acknowledgment substantiating the organization must be careful to satisfy the Penalties. A charity that knowingly donation. section 6115 written disclosure statement provides a false substantiation requirement in a timely manner because acknowledgment to a donor may be There is no prescribed format for the of the penalties involved. subject to the penalties under section organization's written acknowledgment of Quid pro quo contribution. A quid 6701 and/or section 7206(2) for aiding a donation. Letters, postcards, or pro quo contribution is a payment that is and abetting an understatement of tax computer-generated forms may be made both as a contribution and as a liability. acceptable. The acknowledgment must, payment for goods or services provided Charities that fail to provide the however, provide sufficient information to by the donee organization. required disclosure statement for a quid substantiate the amount of the deductible Example. A donor gives a charity pro quo contribution of more than $75 will contribution. The organization may either: $100 in consideration for a concert ticket incur a penalty of $10 per contribution, • Provide separate statements for each valued at $40 (a quid pro quo not to exceed $5,000 per fundraising contribution of $250 or more, or contribution). In this example, $60 would event or mailing. The charity may avoid • Furnish periodic statements be deductible. Because the donor’s the penalty if it can show that the failure substantiating contributions of $250 or payment exceeds $75, the organization was due to reasonable cause (section more. must furnish a disclosure statement even 6714). Separate contributions of less than though the taxpayer’s deductible amount $250 aren't subject to the requirements of doesn't exceed $75. Separate payments Appendix K. Reporting section 170(f)(8), whether or not the sum of $75 or less made at different times of of the contributions made by a taxpayer the year for separate fundraising events Information for Section to a donee organization during a tax year won't be aggregated for purposes of the 501(c)(21) Black Lung equals $250 or more. $75 threshold. Contemporaneous. A written Good faith estimate. An organization Trusts acknowledgment is contemporaneous if may use any reasonable method in For tax years beginning before January 1, the donor obtains it on or before the making a good faith estimate of the value 2021, section 501(c)(21) black lung trusts earlier of: of goods or services provided by that that could not use Form 990-N, • The date the donor files the original organization in consideration for a e-Postcard (see Who Must File, earlier), return for the tax year in which the taxpayer’s payment to that organization. used Form 990-BL to meet the reporting contribution was made, or A good faith estimate of the value of requirements of section 6033. A section • The due date (including extensions) for goods or services that aren't generally 501(c)(21) black lung trust, trustee, or filing the donor’s original return for that available in a commercial transaction disqualified person liable for section 4951 year. may be determined by reference to the or 4952 excise taxes also used Form Substantiation of payroll FMV of similar or comparable goods or 990-BL to report and pay those taxes. contributions. An organization may services. Goods or services may be substantiate an employee’s contribution similar or comparable even though they For tax years beginning after by deduction from its payroll by: don't have the unique qualities of the December 31, 2020, section 501(c)(21) • A pay stub, Form W-2, or other goods or services that are being valued. trusts will use Form 990 instead of Form document showing a contribution to a Goods or services. Goods or 990-BL to meet section 6033 reporting donee organization, together with services include: requirements. A section 501(c)(21) black lung trust, trustee, or disqualified person 2023 Instructions for Form 990 95 |
Page 96 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. liable for section 4951 or 4952 excise Section 501(c)(21) Black Lung taxes will use Form 6069 to report and Trusts pay sections 4951 and 4952 excise taxes. Form 990-BL Form 990 In general, a section 501(c)(21) trust Heading FMV of the Part X, Check the will complete Form 990 in the same Area trust's assets Balance box at the top at the Sheet of Part X and manner as any other organization beginning of include a note required to file Form 990, including the operator's on (without limitation) schedules or forms tax year Schedule O within which (Form 990) identified upon completion of Part IV, the trust's tax providing the Checklist of Required Schedules; or Part year begins. FMV at the V, Statements Regarding Other IRS beginning of Filings and Tax Compliance. the operator’s year within The following chart is intended to help which the trust’s year section 501(c)(21) black lung trusts begins. identify some of the key lines on Form Part I, Contributions Part VIII, Enter the total 990 that correspond with certain lines of Analysis of received Statement of contributions Form 990-BL, especially a heading block Revenue under section Revenue, received item and in Part I. and 192 from the Line 1f under section Expenses, coal mine 192 from the Line 1 operator who coal mine established operator who the trust. established the trust. Part I, Interest on Part VIII, Investment Analysis of securities of Statement of income Revenue the U.S., Revenue, (including and state, and Line 3 dividends, Expenses, local interest, and Lines 2a governments, other similar and 2b described in amounts). section 501(c) (21)(D)(ii). Part I, Contributions Part IX, Grants and Analysis of to the Federal Statement of other Revenue Black Lung Functional assistance to and Disability Expenses, domestic Expenses, Trust Fund. Line 1 organizations Line 4 and domestic Part I, Premiums governments. Analysis of for insurance (Detail Revenue to cover reported on and liabilities Schedule I Expenses, described in (Form 990).) Line 5 section 501(c)(21)(A) (i)(I). Part I, Other Part IX, Grants and Analysis of payments to Statement of other Revenue or for the Functional assistance to and benefit of Expenses, domestic Expenses, eligible coal Line 2 individuals. Line 6 miners, (Detail retired reported on miners, or Schedule I beneficiaries. (Form 990).) 96 2023 Instructions for Form 990 |
Page 97 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Appendix I, Use of Form 990 or CEO 21 $10,000–per-item exception 28 990-EZ To Satisfy State Reporting CEO, executive director, or top $10,000–per-related organization Requirements 92 management official 55 exception 28 Appendix J, Contributions 93 Certified historic structure 55 35% controlled entity 17 53, Appendix K, Reporting Information for Change of address 91 Section 501(c)(21) Black Lung Changes in net assets 92 A Trusts 95 Charitable risk pools 3 Accountable plan 20 53, Applicable tax-exempt Child care organizations 3 organization 53 85, Accountant 50 Children 2 Application for recognition of Accounting: exemption 90 Church 3 55, Fees 45 Application pending 9 Church-affiliated organization 4 Period 5 Art 12 53, Closely held stock 55 Accounting fees 45 Articles of incorporation 22 Club 17 Accounting period 5 8, ASC 2016–14 53 Code(s) 3 Accounts payable 49 ASC 740 53 Collectibles 55 Accounts receivable 48 ASC 958 12 53, Collections of works of art, historical Accrual 6 Assessments 38 treasures, and other similar assets 55 Activities 11 Asset(s): College 78 Activities conducted outside the Net 49 Committee 4 United States 53 Total 49 Activities outside the United Compensation 13 25 36 55 82, , , , States 53 Assistance to individuals 44 Current officers 45 Address: Attachments 8 Disqualified persons 26 45, Change in 9 Attorney 11 Former officers 25 Website 10 Audit 54 84, Other persons 26 Address Change 8 Audit committee 20 54, Reasonable 87 Administrative 19 Audit guides 92 Reportable 27 Advance ruling period 4 Audited financial statements 12 54, Table 32 Advertising 46 Automatic revocation 7 Compilation (compiled financial Affiliate/affiliates 46 84, statements) 13 55, Expenses 46 B Completing the heading 8 Payments 46 Backup withholding 15 Conflict of interest policy 56 Purchases 46 Balance sheet 47 Conflicts of interest policy 22 24, State or national organizations 46 Bank account 15 Conservation easement 12 56, Affiliated organizations 86 Bank or financial institution trustee Consolidated financial statement 12, Allocations: Exception 31 83 Grants, and 11 Benefits: Contemporaneous 87 Alternate test 78 Disregarded 31 Contracts 88 Amended Return 9 Employee 45 Contributing employer 63 71, Description of amendment 6 Members 44 87, Contributions 12 37 39 56, , , Name change amendment 6 Membership 40 Disclosure statement 16 Annual information return 79 Bingo 42 54, Donation of services 38 Anti-abuse rule 78 Board designated endowment Donor advised funds 86 Appendix: (quasi) 12 Government 38 Appendix A, Exempt Organizations Board-designated endowment 54 Government grants 38 Reference Chart 76 Bond issue 40 54, Membership dues 11 38, Appendix B, How to Determine Bonds, tax-exempt 49 Noncash 39 Whether an Organization's Gross Bonus 88 Nondeductible 16 Receipts Are Normally $50,000 (or Book value 48 Quid pro quo 16 $5,000) or Less 77 Books of account 6 Contributor 2 Appendix C, Special Gross Receipts Business activities 39 Contributors, Schedule of 39 Tests for Determining Exempt Business Activity Codes 52 Control 14 57, Status of Section 501(c)(7) and Business code 40 Controlled entity 14 57, 501(c)(15) Organizations 77 Appendix D, Public Inspection of Business relationship 21 54, Controlling organization: Returns 78 Section 512(b)(13) 3 Appendix E, Group Returns— C Controlling organization under Reporting Information on Behalf of Calendar year 5 section 512(b)(13) 58 the Group 82 Capital contributions 17 Cooperative service organizations 3 Appendix F, Disregarded Entities and Capital gains 40 Copies 7 Joint Ventures—Inclusion of Capital stock accounts 50 Core form 58 Activities and Items 83 Corporation 10 Capital surplus 50 Appendix G, Section 4958 Excess Credit counseling services 58 Benefit Transactions 85 Cash 47 Appendix H, Forms and Publications Cash contributions 54 Current year 58 to File or Use 90 Cash receipts and disbursements 6 Central organization 7 55, Instructions for Form 990 97 |
Page 98 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. EIN 60 Government agencies 39 D Email subscription 2 Initiation 78 De minimis fringe benefit 87 Employee 61 Legal 45 Debt management plan services 58 Employee benefit plan 4 Membership 77 Defeasance escrow 40 58, Employee benefits 45 Registration 39 Deferred charges 48 Employee(s) 27 Figuring gross receipts 77 Deferred compensation 58 Employees, key 27 FIN 48 83 Deferred revenue 49 Employer identification number (EIN): FIN 48 (ASC 740) 62 Defined benefit plan 31 Disregarded entities 84 Final return 6 9, Nonqualified 32 Section 501(c)(9) organizations 9 Financial account 15 Qualified 31 Endowment fund 12 61, Financial statements 62 Defined contribution plan: Endowment funds 12 Fiscal year 5 62, Qualified 31 EO Determinations 11 Five highest compensated Dependent care assistance 32 Equipment 48 employees 26 Depreciation 47 Escrow or custodial account 49 61, Fixed payment 88 Determination letter 3 Estates 37 FMV 14 18 19 22 37 38 40 42 47, , , , , , - , , Direct expenses 41 Estimate, reasonable 10 50 59 72 86 88 89 94 96, , , , , , - Director 13 58, Excess benefit transaction 61 85 87, - Foreign 15 Director or trustee 26 58, Churches 89 Accounts 16 Disclosure 16 Correction 89 Organization 4 Conflict of interest 24 Donor advised funds 89 Foreign government 62 Disqualified person(s) 21 Excess payment 89 Foreign individual 62 Excess business holdings 16 Excise tax 88 Foreign organization 62 Statement 16 Insufficient payment 89 Form 8976, Notice of Intent to Disclosure of excess business Revenue sharing transactions 89 Operate Under Section 501(c) (4) 91 holdings 16 Revocation of exemption 89 Forms: Disqualified person 58 Section 4958 85 FinCEN Form 114 91 Disqualified persons 86 Excess business holdings 16 Form 1023-EZ, Streamlined Disregarded benefits 31 32, Excise taxes 88 Application for Recognition of Disregarded entities 8 28 83, , Executive director 24 Exemption Under Section 501(c)(3) Disregarded entity or entities 59 Exempt bond 61 of the Internal Revenue Code. 90 Dissolution 84 Exempt function 39 Form 1023, Application for Distributions 45 Exempt organizations, types of 76 Recognition of Exemption Under Dividends 39 Exempt purposes 11 22 42, , Section 501(c)(3) 90 Document retention and destruction Expenses 40 Form 1024-A, Application for policy 24 Allocating indirect 43 Recognition of Exemption under Section 501(c)(4) of the Internal Domestic government 59 Direct 41 Revenue Code 91 Domestic individual 59 Functional 42 Form 1024, Application for Domestic organization 60 Fundraising 41 Recognition of Exemption Under Donations 38 Indirect expenses 43 Section 501(a) 90 Of services 38 Management and general 43 Form 1040-SR, U.S.Income Tax Of use of materials, equipment or Occupancy 46 Return for Seniors 91 facilities 38 Political 12 Form 1040, U.S. Individual Income Tax Of vehicles 16 Postage 46 Return 91 Donor advised fund 60 Printing 46 Form 1041, U.S. Income Tax Return Donor advised fund(s): Program service 42 47, for Estates and Trusts 91 Disqualified person 86 Shipping 46 Form 1065, U.S. Return of Partnership Income 4 Donor advisor 17 Supplies 46 Form 1096, Annual Summary and Exceptions 89 Telephone 46 Transmittal of U.S. Information Excess benefit transaction 86 Extension of time to file 6 Returns 91 Grants 86 Form 1098 series 91 Sponsoring organization 3 F Form 1120–POL, U.S. Income Tax Donor advisor 60 Facility/facilities 11 Return for Certain Political Donor contributions: Facts and circumstances 81 Organizations 91 Acknowledgment 16 Fair market value (FMV) 61 Form 1128, Application To Adopt, Change or Retain a Tax Year 91 Donor-Imposed Restriction 60 Family: Form 2848, Power of Attorney and Donor-Restricted Endowment Family member 86 Declaration of Representative 91 fund 60 Dues 38 Family member, family Form 3115, Application for Change in relationship 62 Accounting Method 91 Club 32 FASB ASC 958 37 49, Form 3520, Annual Return To Report Membership 40 46, Federal unemployment tax (FUTA) 90 Transactions with Foreign Trusts Paid to affiliates 46 Federated fundraising agencies 38 and Receipt of Certain Foreign Federated fundraising Gifts 91 E organizations 44 Form 4506–A, Request for a Copy of e-Postcard (see also Form 990-N) 77 Fees 45 Exempt or Political Organization Economic benefit 86 Accounting 45 IRS Form 91 Disregarded 87 Copies 80 Form 4506, Request for Copy of Tax Nontaxable fringe benefits 87 Fundraising 45 Return 91 98 2023 Instructions for Form 990 |
Page 99 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 4562, Depreciation and Form 8940, Request for Miscellaneous Government: Amortization 91 Determination, Request for Agency 39 Form 4720, Return of Certain Excise Miscellaneous Determination, Contracts 39 Taxes Under Chapters 41 and 42 of under Section 507, 509(a), 4940, Contributions 38 the Internal Revenue Code 91 4942, 4945, and 6033 of the Form 5471, Information Return of U.S. Internal Revenue Code 91 Fees 39 Persons With Respect to Certain Form 926, Return by a U.S. Transferor Grants 38 43, Foreign Corporations 91 of Property to a Foreign Official 46 Form 5500, Annual Return/Report of Corporation 90 Organization 4 Employee Benefit Plan 91 Form 940, Employer's Annual Federal Government official 63 Form 5578, Annual Certification of Unemployment (FUTA) Tax Governmental issuer 40 63, Racial Nondiscrimination for a Return 90 Governmental unit 49 63, Private School Exempt From Form 941, Employer's Quarterly Governmental Unit 63 Federal income Tax. 91 Federal Tax Return 90 Grants 11 37 44, , Form 5768, Election/Revocation of Form 943, Employer's Annual Tax Allocations, and 11 Election by an Eligible Section Return for Agricultural 501(c)(3) Organization To Make Employees 90 Contributions 11 Expenditures To Influence Form 990-PF, Return of Private Government contributors 38 Legislation 91 Foundation or Section 4947(a)(1) Payable 49 Form 7004, Application for Automatic Trust Treated as Private Receivable 47 Extension of Time to File Certain Foundation 4 Grants and other assistance 63 Business Income Tax, Information, Form 990-T, Exempt Organization Grants and other assistance outside and Other Returns 91 Business Income Tax Return 90 the United States 13 Form 720, Quarterly Federal Excise Form 990–EZ, Short Form Return of Gross proceeds 63 Tax Return 90 Organization Exempt From Income Gross receipts 63 77, Form 8038 series, Tax Exempt Tax 10 $50,000 or less 77 Bonds 91 Form 990–N, Electronic Notice Acting as agent 77 Form 8274, Certification by Churches (e-Postcard) for Tax-Exempt and Qualified Church-Controlled Organizations Not Required To File Figuring 77 Organizations Electing Exemption Form 990 or 990–EZ 3 Gross receipts test: from Employer Social Security and Form SS-4, Application for Employer $5,000 77 Medicare Taxes 91 Identification Number 91 $50,000 77 Form 8282, Donee Information Form W-2, Wage and Tax Gross rents 40 Return 91 Statement 90 Gross revenue 15 Form 8283, Noncash Charitable Forms and publications 15 Gross sales price 40 Contributions 91 Foundations 27 Group exemption 63 80, Form 8300, Report of Cash Payments Fringe benefits 87 Central/parent organization 80 Over $10,000 Received in a Trade De minimis 87 Group return 64 82, or Business 91 Nontaxable 87 Form 8328, Carryfoward Election of Functional expenses 42 H Unused Private Activity Bond Volume Cap 91 Allocating indirect 43 Heading 8 Form 8718, User Fee for Exempt Fundraising 43 Health benefits 31 Organization Determination Letter Management and general 43 Helpful hints 2 Request 91 Program service 42 Highest compensated employee 64, Form 8821, Tax Information Fund Balances 49 50, 84 Authorization 91 Fundraising 38 62, Historical treasure 12 64, Form 8822-B, Change of Address or Activities 13 Hospital 83 Responsible Party—Business 91 Events 38 Hospital (or cooperative hospital Form 8868, Application for Extension Expenses 43 service organization) 64 of Time To File an Exempt Fees 45 Hospital organization 64 Organization Return or Excise Taxes Related to Employee Benefit Records for tax deductible Hospital/hospital facility 64 Plans 6 91, contributions 7 Hours per week 29 Form 8870, Information Return for Fundraising activities 62 Household goods 64 Transfers Associated With Certain Fundraising events 41 62, Personal Benefit Contracts 91 Funds 50 I Form 8871, Political Organization Income: Notice of Section 527 Status 91 G Exempt function 11 Form 8872, Political Organization GAAP 62 Investment 40 Report of Contributions and Expenditures 91 Gaming 42 63, Rental 39 Form 8886–T, Disclosure by GEN (Group exemption number) 10 Unrelated business 15 Tax-Exempt Entity Regarding Generally accepted accounting Incomplete return 7 Prohibited Tax Shelter principles 11 Independent contractor 37 64, Transaction 91 Generally accepted accounting Independent voting member of Form 8886, Reportable Transaction principles/GAAP 63 governing body 20 65, Disclosure Statement 91 Gifts 37 39, Indoor tanning services 18 Form 8899, Notice of Income From Goods 41 Information return 79 Donated Intellectual Property 91 Goods or services 41 Information technology 45 46, Goods sold, cost of 42 Initial contract 65 88, Governance 85 Instant bingo 42 65, Governing body 63 84, Institutional trustee 26 65, Governing documents 22 Insurance 47 2023 Instructions for Form 990 99 |
Page 100 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Insurance contract 78 Miscellaneous 6 Pledges receivable 47 Integrated auxiliary 3 Expenses 47 Policies: Intellectual property 16 Mission 4 Conflicts of interest 22 Interest 40 46, Mission society 4 Document retention and Mortgage 46 Money market funds 47 destruction 24 Tax-exempt 18 Mutual or cooperative electric Joint venture 25 Interest income 39 40, companies 17 Nondiscrimination 91 Notes and loans receivable 40 Whistleblower 24 Securities 40 N Political: Interested persons 84 Net assets 49 Expenses 83 Inventory 42 Net Assets with donor restrictions 67 Political campaign activities 68 Investment 40 Net Assets without Donor Political organization 4 Committee 20 Restrictions 67 Penalties 78 Dividend 40 Noncash contribution 39 Public inspection 78 Income 78 Noncash contributions 67 Section 527 3 Interest 40 Nonexempt charitable trust 67 State or local 3 Management 22 Nonfixed payments 88 Political subdivision 68 Program-related 40 Nonprofit health insurance issuer 4 Postage cost 79 Rents 40 Nonqualified deferred Power of attorney 91 Savings and temporary cash 47 compensation 67 Premiums 78 Investments 48 Nonqualified defined benefit plan 32 Prepaid expenses 48 Nonqualified defined contribution Principal officer 68 J plan 32 34, Printing 46 Nontaxable fringe benefit 87 Private business use 68 85, Joint costs 47 Notes receivable 48 Private foundation 68 85, Joint venture 65 84, Number of employees 84 Privileged relationship 21 Nursing homes 39 K Proceeds 40 68, Professional fundraising services 45, Key employee 27 66, O 68 Occupancy 46 Program service 11 L Expense 46 Program service accomplishments, Land 48 Officer 26 67, statement of 11 Late filing 7 Offices 79 Program service expenses 42 Legal fees 45 “On behalf of” issuer 67 Program service revenue 39 Legislation 66 Ordinary course of business 21 Government agency 39 Liabilities, total 49 Organization manager 67 89, Insurance premiums 39 Liquidation 83 Organization(s) 4 89, Interest income 40 List of states 6 Affiliated 86 Medicaid 39 Loans: Form of 10 Medicare 39 Receivable 48 Not required to file 4 Membership fees 40 Lobbying 66 Organizational documents 82 Program-related investments 39 Activity/Activities 12 Organizations: Rental income 39 Expenses 83 Foreign countries, in 4 Section 501(c)(9) organization 39 Grassroots 45 Other assets 48 Unrelated trade or business activities 39 In-house expenditures 45 Other compensation 28 Program-related investment 39 68, Joint ventures 84 Ownership 14 Lobbying activities 66 Prohibited tax shelter transactions 16 Lobbying expenditures 83 P Proxy tax 12 PTIN 10 Local governmental unit 49 Paid preparer 10 Pub. 3079, Tax-Exempt Organizations Lotteries 41 Paid-in capital 50 and Gaming 63 Paperwork Reduction Act Notice 50 Public charity 68 83, M Partnership 84 Public Inspection 78 Maintaining offices, employees, or Payables 49 Public interest law firm 11 agents 66 Payments: Public support 90 Management 84 Cash 91 Publications 15 Management and general Compensation 87 Compliance Checks 92 expenses 43 Nonfixed 88 Management company 21 66, Group Exemptions 92 Severance 45 Medicaid 39 Pub. 15–A, Employer's Supplemental To affiliates 46 Tax Guide (Fringe Benefits) 92 Medical research 66 79, Payroll taxes 45 Pub. 15, (Circular E) Employer's Tax Medicare 90 Guide 91 Penalties 6 16, Meetings 46 Pub. 1771, Charitable Contributions– Failure to file 6 Member of the governing body 20 66, Substantiation and Disclosure Perjury 7 Membership 46 Requirements 92 Pension plan contributions 45 Assessments 38 Pub. 1779, Independent Contractor or Personal benefit contracts 16 Benefits 40 Employee 37 Phone help 2 Dues 38 46, Pub. 1828, Tax Guide for Churches Photographs of Missing Children 2 Merger, articles of 8 and Religious Organizations 92 100 2023 Instructions for Form 990 |
Page 101 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Pub. 3079, Tax-Exempt Organizations Relationship 40 Disclosure of transactions and and Gaming 92 Reasonable compensation 70 relationships 19 Pub. 3386, Tax Guide for Veterans Reasonable effort 70 Section 501(c)(4): Organizations 92 Reasonableness, rebuttable Applicable organization 85 Pub. 3833, Disaster Relief, Providing presumption of 88 Section 501(c)(5): Assistance Through Charitable Receivable 14 Lobbying expenses 12 Organizations 92 Account 47 Membership dues 40 Pub. 4220, Applying for 501(c)(3) Grants 47 Section 501(c)(6): Tax-Exempt Status 92 Pub. 4221–PC, Compliance Guide for Pledges 47 Lobbying expenses 12 501(c)(3) Public Charities 92 Reconciliation 6 Membership dues 40 Pub. 4221–PF, Compliance Guide for Reconciliation of net assets 50 Section 501(c)(7) 17 84, 501(c)(3) Private Foundations 92 Recordkeeping 7 Section 501(c)(9) 9 Pub. 4302, A Charity's Guide to Refunding escrow 14 70, Section 6033(e) 12 Vehicle Donation 92 Refunding issue 70 Securities 48 Pub. 4303, A Donor's Guide to Vehicle Reimbursement: Security/securities 71 Donation 92 Of expenses 20 Security/Securities 41 Pub. 463, Travel, Entertainment, Gift, Of taxes 87 Sequencing list to complete the form and Car Expenses 92 Related organization 20 26 71, , and schedules 4 Pub. 525, Taxable and Nontaxable Religious order 20 71, Severance payments 45 Income 92 Rent/rental 40 Shipping 46 Pub. 526, Charitable Contributions 92 Expense 40 Short accounting period 5 72, Pub. 538, Accounting Periods and Income 39 Short period 72 Methods 92 Short year and final returns 31 Pub. 557, Tax-Exempt Status for Your Reportable compensation 13 71, Organization 92 Reporting information from third Short year and final returns. 32 Pub. 561, Determining the Value of parties 8 Signature 10 Donated Property 92 Requirements for a properly Signature block 10 Pub. 598, Tax on Unrelated Business completed Form 990 7 Significant disposition of assets 84 Income of Exempt Research 43 Significant disposition of net Organizations 92 Retained earnings 50 assets 72 Pub. 892, How to Appeal an IRS Returns and allowances 42 Social club 17 Decision on Tax Exempt Status 92 Revenue 42 49, Social security: Pub. 946, How To Depreciate Deferred 49 Tax 45 Property 92 Gross 15 Solicitations of nondeductible Pub. 947, Practice Before the IRS and Program service 39 contributions 16 Power of Attorney 11 Special events 41 SOP 98-2 47 Publicly traded securities 48 69, Sweepstakes, raffles, and lotteries 41 Special events 41 Pull tabs 69 Revenue-sharing transactions 89 Specific instructions for Form 990 8 Pull-tabs 42 Review of financial statement 71 Sponsoring organization 3 72, Purchases from affiliates 46 Review of financial statements 13 State: Purpose of Form 2 Revocation of exemption 89 Filing requirement 92 Rounding off to whole dollars 7 Reporting requirements 6 Q Royalties 40 State of legal domicile 10 72, Qualified 501(c)(3) bond 69 Statement(s) 92 Qualified conservation S Activities outside of United States 13 contribution 69 Salaries 45 Audited financial 82 Qualified defined benefit plan 31 Sales 42 Functional expenses 42 Qualified defined contribution Of inventory 39 Position 98–2 47 plan 31 Program service accomplishments 11 Qualified intellectual property 16 Sarbanes-Oxley 24 Qualified state or local political Savings 47 Revenue 37 organization 3 70, Savings accounts 47 Subordinate organization 72 80, Quasi-endowment 70 Schedule of contributors 12 Substantial contributor 61 86, Quid pro quo contribution: Scholarships 12 Substantial influence 86 Disclosure statement 16 School 71 Supported organization 72 86, Section 4947(a)(1) trusts 11 18, Supporting organization 73 87, R Section 4958 85 88 89, , Sweepstakes 41 Section 4958, excise taxes: Racial nondiscrimination 91 T Disqualified persons 86 Raffles 41 Tax shelter transaction 16 Organization managers 89 Reasonable: Tax year 27 73, Section 4968 18 19, Amount 79 Tax-exempt bond 73 Section 501(c)(12) 17 Belief 81 TE/GE EO Determinations 78 Section 501(c)(15) 3 77, Burden 79 Telephone number 9 Section 501(c)(21): Cause 7 Term endowment 73 black lung trusts 3 Compensation 20 Terminated 9 black-lung trust 95 Effort 21 31, Territory of the United States: trust 1 13 39 40 44 47 49, , , , , , Estimate 10 Territory 73 Section 501(c)(3) 3 Fee 79 Territory organization: Applicable organization 85 Knowledge 86 U.S. Territory 4 2023 Instructions for Form 990 101 |
Page 102 of 102 Fileid: … tions/i990/2023/a/xml/cycle03/source 15:21 - 14-Dec-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Text message contribution 93 Uncollectible pledges 37 Voluntary employees' beneficiary Top financial official 27 73, Uniform Guidance, 2 C.F.R. Part 200, association 9 Top management official 27 73, Subpart F 50 84, Volunteer 10 74, Total assets 49 73, Uniform Prudent Management of Volunteer exception 31 Total liabilities 49 Institutional Funds Act Voting member of the governing Transfers 14 (UPMIFA) 49 body 74 Personal benefit contracts 16 Unincorporated association 8 Voting member of the governing To controlled entities 14 United States 10 73, body/board 20 Travel expense 46 University/universities 12 Trust 8 Unrelated business 15 73, W Trust fund recovery penalty: Income 37 Wages 45 Penalties 92 Income tax 79 Website address 10 Trustee 73 Revenue 40 Whistleblower policy 24 Trustee(s) 10 13 20 26, , , Unrelated business gross income 73 Widely available 81 Institutional 26 Unrelated business income 43 73, Withholding: Tuition assistance 32 Unrelated organization 13 73, Backup 15 Unrelated trade or business 73 Works of art 12 74, U Activities 39 Gross income 85 U.S. territory 4 38 60 63 73, , , , Y Year of formation 10 74, U.S. Territory: V Territory organization 3 U.S. Treasury bills 47 Vehicle donations 93 102 2023 Instructions for Form 990 |