Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … tions/i990/2022/a/xml/cycle03/source (Init. & Date) _______ Page 1 of 102 15:40 - 7-Dec-2022 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 2022 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 for public inspection for section 527 organizations filing Form otherwise noted. 990 or 990-EZ. For other organizations that file Form 990 or 990-EZ, parts of Schedule B (Form 990) can be open to public Future Developments inspection. See Appendix D, Public Inspection of Returns, and For the latest information about developments related to Form the Instructions for Schedule B (Form 990) for more details. 990 and its instructions, such as legislation enacted after they Some members of the public rely on Form 990 or Form were published, go to IRS.gov/Form990. 990-EZ as their primary or sole source of information about a particular organization. How the public perceives an organization What’s New in such cases can be determined by information presented on its Ann. 2021-18 revoked Ann. 2001-33. Ann. 2001-33, 2001-17 return. I.R.B. 1137, provided tax-exempt organizations with reasonable cause for purposes of relief from the penalty imposed under Phone Help section 6652(c)(1)(A)(ii) if they reported compensation on their If you have questions and/or need help completing Form 990, annual information returns in the manner described in Ann. please call 877-829-5500. This toll-free telephone service is 2001-33 instead of in accordance with certain form instructions. available Monday through Friday. Ann. 2021-18, 2021-52 I.R.B. 910, revoked Ann. 2001-33 and instructs affected tax-exempt organizations to follow the specific Email Subscription instructions for Form 990, Form 990-EZ, and Form 990-PF, The IRS has established a subscription-based email service for effective for annual information returns required for tax years tax professionals and representatives of tax-exempt beginning on or after January 1, 2022. organizations. Subscribers will receive periodic updates from the IRS regarding exempt organization tax law and regulations, Reminders available services, and other information. To subscribe, go to IRS.gov/Charities-&-Non-Profits/Subscribe-to-Exempt- Section 501(c)(21) trusts. Form 990-BL, Information and Organization-Update. Initial Excise Tax Return for Black Lung Benefit Trusts and Certain Related Persons, has been a historical form since tax year 2021. Section 501(c)(21) trusts can no longer file Form General Instructions 990-BL and will file Form 990 (or submit Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations Not Required Overview of Form 990 To File Form 990 or 990-EZ, if eligible) to meet their annual filing Note. Terms in bold are defined in the Glossary of the obligations under section 6033. Some section 501(c)(21) trusts Instructions for Form 990. may also be required to file Form 6069, Return of Certain Excise Taxes on Mine Operators, Black Lung Trusts, and Other Form 990 is an annual information return required to be filed with Persons Under Sections 4951, 4952, and 4953. the IRS by most organizations exempt from income tax under section 501(a), and certain political organizations and Form 1099-NEC and nonemployee compensation report- nonexempt charitable trusts. Parts I through XII of the form ing. Beginning with tax year 2020, Form 1099-NEC, must be completed by all filing organizations and require Nonemployee Compensation, is used to report nonemployee reporting on the organization's exempt and other activities, compensation. Accordingly, where the Form 990 references finances, governance, compliance with certain federal tax filings reporting amounts of compensation from Form 1099-MISC, and requirements, and compensation paid to certain persons. Miscellaneous Income, be sure to include nonemployee Additional schedules are required to be completed depending compensation from box 1 of Form 1099-NEC. See the upon the activities and type of the organization. By completing instructions for additional information. Part IV, the organization determines which schedules are Purpose of Form required. The entire completed Form 990 filed with the IRS, except for certain contributor information on Schedule B (Form Forms 990 and 990-EZ are used by tax-exempt organizations, 990), is required to be made available to the public by the IRS nonexempt charitable trusts, and section 527 political and the filing organization (see Appendix D), and can be organizations to provide the IRS with the information required by required to be filed with state governments to satisfy state section 6033. reporting requirements. See Appendix I. Use of Form 990 or 990-EZ To Satisfy State Reporting Requirements. An organization's completed Form 990 or 990-EZ, and a section 501(c)(3) organization's Form 990-T, Exempt Reminder: Don't Include Social Security Numbers Organization Business Income Tax Return, are generally ! on Publicly Disclosed Forms. Because the filing available for public inspection as required by section 6104. CAUTION organization and the IRS are required to publicly Schedule B (Form 990), Schedule of Contributors, is available disclose the organization's annual information returns, social Dec 7, 2022 Cat. No. 11283J |
Page 2 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. security numbers (SSNs) shouldn't be included on this form. By For purposes of Form 990 reporting, the term “section 501(c) law, with limited exceptions, neither the organization nor the IRS (3)” includes organizations exempt under sections 501(e) and (f) may remove that information before making the form publicly (cooperative service organizations), 501(j) (amateur sports available. Documents subject to disclosure include statements organizations), 501(k) (childcare organizations), and 501(n) and attachments filed with the form. For more information, see (charitable risk pools). In addition, any organization described in Appendix D. one of these sections is also subject to section 4958 if it obtains a determination letter from the IRS stating that it is described in Helpful hints. The following hints can help you more efficiently section 501(c)(3). review these instructions and complete the form. • See General Instructions, Section C. Sequencing List To Form 990-N. If an organization normally has gross receipts of Complete the Form and Schedules, later, which provides $50,000 or less, it must submit Form 990-N, if it chooses not to guidance on the recommended order for completing the form file Form 990 or Form 990-EZ (with exceptions described below and applicable statements. for certain section 509(a)(3) supporting organizations and for • Throughout these instructions, “the organization” and the certain organizations described in Section B, later). See “filing organization” both refer to the organization filing Form 990. Appendix B for a discussion of gross receipts. • Unless otherwise specified, information should be provided Form 990-EZ. If an organization has gross receipts less than for the organization's tax year. For instance, an organization $200,000 and total assets at the end of the tax year less than should answer “Yes” to a question asking whether it conducted a $500,000, it can choose to file Form 990-EZ, Short Form Return certain type of activity only if it conducted that activity during the of Organization Exempt From Income Tax, instead of Form 990. tax year. See the Instructions for Form 990-EZ for more information. See • The examples appearing throughout the Instructions for Form the special rules below regarding section 501(c)(21) black 990 are illustrative only. They are for the purpose of completing lung trusts, controlling organizations under section 512(b) this form and aren't all-inclusive. (13), and sponsoring organizations of donor advised funds. • Instructions for the Form 990 schedules are published If an organization eligible to submit the Form 990-N or file the separately from these instructions. Form 990-EZ chooses to file the Form 990, it must file a Organizations that have $1,000 or more for the tax year complete return. ! of total gross income from all unrelated trades or Foreign and U.S. possession organizations. Foreign CAUTION businesses must file Form 990-T to report and pay tax organizations and U.S. possession organizations as well as on the resulting unrelated business taxable income (UBTI), in domestic organizations must file Form 990 or 990-EZ unless addition to any required Form 990, 990-EZ, or 990-N. specifically excepted under Section B, later. Report amounts in U.S. dollars and state what conversion rate the organization A. Who Must File uses. Combine amounts from inside and outside the United Most organizations exempt from income tax under section States and report the total for each item. All information must be 501(a) must file an annual information return (Form 990 or written in English. 990-EZ) or submit an annual electronic notice (Form 990-N), Section 501(c)(21) black lung trusts. The trustee of a trust depending upon the organization's gross receipts and total exempt from tax under section 501(a) and described in section assets. 501(c)(21) must file Form 990 and not Form 990-EZ, unless the An organization may not file a “consolidated” Form 990 trust normally has gross receipts in each tax year of not more TIP to aggregate information from another organization that than $50,000 and can file Form 990-N. has a different EIN, unless it is filing a group return and Sponsoring organizations of donor advised funds. If reporting information from a subordinate organization or required to file an annual information return for the year, organizations, reporting information from a joint venture or sponsoring organizations of donor advised funds must file disregarded entity (see Appendix E. Group Form 990 and not Form 990-EZ. Returns—Reporting Information on Behalf of the Group, and Appendix F. Disregarded Entities and Joint Ventures—Inclusion Controlling organizations described in section 512(b)(13). of Activities and Items, later), or as otherwise provided for in the A controlling organization of one or more controlled entities, Code, regulations, or official IRS guidance. A parent-exempt as described in section 512(b)(13), must file Form 990 and not organization of a section 501(c)(2) title-holding company may file Form 990-EZ if it is required to file an annual information return a consolidated Form 990-T with the section 501(c)(2) for the year and if there was any transfer of funds between the organization, but not a consolidated Form 990. controlling organization and any controlled entity during the year. Section 509(a)(3) supporting organizations. A section Form 990 must be filed by an organization exempt from 509(a)(3) supporting organization must file Form 990 or income tax under section 501(a) (including an organization that 990-EZ, even if its gross receipts are normally $50,000 or less, hasn't applied for recognition of exemption) if it has either (1) and even if it is described in Rev. Proc. 96-10, 1996-1 C.B. 577, gross receipts greater than or equal to $200,000, or (2) total or is an affiliate of a governmental unit described in Rev. Proc. assets greater than or equal to $500,000 at the end of the tax 95-48,1995-2 C.B. 418, unless it qualifies as: year (with exceptions described below for organizations eligible 1. An integrated auxiliary of a church described in to submit Form 990-N and for certain organizations described in Regulations section 1.6033-2(h); Section B. Organizations Not Required To File Form 990 or 990-EZ, later). This includes: 2. The exclusively religious activities of a religious order; • Organizations described in section 501(c)(3) (other than 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 organization. Gross receipts are the total amounts the 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, for a discussion of gross receipts. -2- 2022 Instructions for Form 990 |
Page 3 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Section 501(c)(7) and 501(c)(15) organizations. Section B. Organizations Not Required To File 501(c)(7) and 501(c)(15) organizations apply the same gross receipts test as other organizations to determine whether they Form 990 or 990-EZ must file Form 990, but use a different definition of gross receipts An organization doesn't have to file Form 990 or 990-EZ even if it to determine whether they qualify as tax exempt for the tax year. has at least $200,000 of gross receipts for the tax year or See Appendix C. Special Gross Receipts Tests for Determining $500,000 of total assets at the end of the tax year if it is Exempt Status of Section 501(c)(7) and 501(c)(15) described below (except for section 509(a)(3) supporting Organizations for more information. organizations, which are described earlier). See Section A. Who Section 527 political organizations. A tax-exempt political Must File to determine if the organization can file Form 990-EZ organization must file Form 990 or 990-EZ if it had $25,000 or instead of Form 990. An organization described in paragraph 10, more in gross receipts during its tax year, even if its gross 11, or 13 of this Section B is required to submit Form 990-N receipts are normally $50,000 or less, unless it meets one of the unless it voluntarily files Form 990, 990-EZ, or 990-BL, as exceptions for certain political organizations under Section B, applicable. later. A qualified state or local political organization must file Certain religious organizations. Form 990 or 990-EZ only if it has gross receipts of $100,000 or 1. A church, an interchurch organization of local units of a more. Political organizations aren't required to submit Form church, a convention or association of churches, or an 990-N. integrated auxiliary of a church as described in Regulations Section 4947(a)(1) nonexempt charitable trusts. A section 1.6033-2(h) (such as a men's or women's organization, nonexempt charitable trust described under section 4947(a) religious school, mission society, or youth group). (1) (if it isn't treated as a private foundation) is required to file 2. A church-affiliated organization that is exclusively Form 990 or 990-EZ, unless excepted under Section B, later. engaged in managing funds or maintaining retirement programs Such a trust is treated like an exempt section 501(c)(3) and is described in Rev. Proc. 96-10. But see the filing organization for purposes of completing the form. Section requirements for section 509(a)(3) supporting organizations in 4947(a)(1) trusts must complete all sections of the Form 990 and Section A. schedules that section 501(c)(3) organizations must complete. All references to a section 501(c)(3) organization in the Form 3. A school below college level affiliated with a church or 990, schedules, and instructions include a section 4947(a)(1) operated by a religious order described in Regulations section trust (for instance, such a trust must complete Schedule A (Form 1.6033-2(g)(1)(vii). 990), Public Charity Status and Public Support, unless otherwise 4. A mission society sponsored by, or affiliated with, one or specified). If such a trust doesn't have any taxable income under more churches or church denominations, if more than half of the subtitle A of the Code, it can file Form 990 or 990-EZ to meet its society's activities are conducted in, or directed at, persons in section 6012 filing requirement and doesn't have to file Form foreign countries. 1041, U.S. Income Tax Return for Estates and Trusts. 5. An exclusively religious activity of any religious order Returns when exempt status not yet established. An described in Rev. Proc. 91-20, 1991-1 C.B. 524. organization is required to file Form 990 under these instructions Certain governmental organizations. if the organization claims exempt status under section 501(a) but 6. A state institution whose income is excluded from gross hasn't established such exempt status by filing Form 1023, income under section 115. Application for Recognition of Exemption Under Section 501(c) (3) of the Internal Revenue Code; Form 1023-EZ, Streamlined 7. A governmental unit or affiliate of a governmental unit Application for Recognition of Exemption Under Section 501(c) described in Rev. Proc. 95-48. But see the filing requirements for (3) of the Internal Revenue Code; Form 1024, Application for section 509(a)(3) supporting organizations in Section A. Recognition of Exemption Under Section 501(a); or Form 8. An organization described in section 501(c)(1). A section 1024-A, Application for Recognition of Exemption Under Section 501(c)(1) organization is a corporation organized under an Act of 501(c)(4) of the Internal Revenue Code, and receiving an IRS Congress that is an instrumentality of the United States, and determination letter recognizing tax-exempt status. In such a exempt from federal income taxes. case, the organization must check the “Application pending” Certain political organizations. checkbox on Form 990, Item B, page 1 (whether or not a Form 9. A political organization that is: 1023, 1023-EZ, 1024, or 1024-A has been filed) to indicate that A state or local committee of a political party, Form 990 is being filed in the belief that the organization is • exempt under section 501(a), but that the IRS hasn't yet • A political committee of a state or local candidate, recognized such exemption. • A caucus or association of state or local officials, or • Required to report under the Federal Election Campaign Act To be recognized as exempt retroactive to the date of its of 1971 as a political committee (as defined in section 301(4) of organization or formation, an organization claiming tax-exempt such Act). status under section 501(c) (other than 501(c)(29)) must Certain organizations with limited gross receipts. generally file an application for recognition of exemption (Form 1023, 1023-EZ, 1024, or 1024-A) within 27 months of the end of 10. An organization whose gross receipts are normally the month in which it was legally organized or formed. $50,000 or less. Such organizations are generally required to submit Form 990-N if they choose not to file Form 990 or Form An organization that has filed a letter application for 990-EZ. To determine what an organization's gross receipts ! recognition of exemption as a qualified nonprofit health “normally” are, see Appendix B. CAUTION insurance issuer under section 501(c)(29), or plans to do so, but hasn't yet received an IRS determination letter 11. Foreign organizations and organizations located in U.S. recognizing exempt status, must check the “Application possessions, whose gross receipts from sources within the pending” checkbox on the Form 990, Item B, page 1. United States are normally $50,000 or less and which didn't engage in significant activity in the United States (other than investment activity). Such organizations, if they claim U.S. tax exemption or are recognized by the IRS as tax exempt, are generally required to submit Form 990-N if they choose not to file Form 990 or 990-EZ. 2022 Instructions for Form 990 -3- |
Page 4 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 8. Complete Part VI of Form 990. Transactions reported on If a foreign organization or U.S. possession organization is Schedule L (Form 990) are relevant to determining required to file Form 990 or Form 990-EZ, then its worldwide independence of members of the governing body under Form gross receipts, as well as assets, are taken into account in 990, Part VI, line 1b. determining whether it qualifies to file Form 990-EZ. 9. Complete Part I of Form 990 based on information Certain organizations that file different kinds of annual derived from other parts of the form. information returns. 10. Complete Part IV of Form 990 to determine which 12. A private foundation (including a private operating schedules must be completed by the organization. foundation) exempt under section 501(c)(3) and described in 11. Complete Schedule O (Form 990) and any other section 509(a). Use Form 990-PF, Return of Private Foundation. applicable schedules (for “Yes” boxes that were checked in Part Also use Form 990-PF for a taxable private foundation, a section IV). Use Schedule O (Form 990) to provide required 4947(a)(1) nonexempt charitable trust treated as a private supplemental information and other narrative explanations for foundation, and a private foundation terminating its status by questions on the core Form 990. For questions on Form 990 becoming a public charity under section 507(b)(1)(B) (for tax schedules, use the narrative part of each schedule to provide years within its 60-month termination period). If the organization supplemental narrative. successfully terminates, then it files Form 990 or 990-EZ in its final year of termination. 12. Complete Part II, Signature Block, of Form 990. 13. A religious or apostolic organization described in section D. Accounting Periods and Methods 501(d). Use Form 1065, U.S. Return of Partnership Income. These are the accounting periods covered under the law. 14. A stock bonus, pension, or profit-sharing trust that qualifies under section 401. Use Form 5500, Annual Return/ Accounting Periods Report of Employee Benefit Plan. Calendar year. Use the 2022 Form 990 to report on the 2022 Subordinate organizations in a group exemption calendar year accounting period. A calendar year accounting TIP which are included in a group return filed by the period begins on January 1 and ends on December 31. central organization for the tax year shouldn't file a separate Form 990, Form 990-EZ, or Form 990-N for the tax Fiscal year. If the organization has established a fiscal year year. accounting period, use the 2022 Form 990 to report on the organization's fiscal year that began in 2022 and ended 12 months later. A fiscal year accounting period should normally C. Sequencing List To Complete the coincide with the natural operating cycle of the organization. Be Form and Schedules certain to indicate in Item A of Form 990, page 1, the date the You may find the following list helpful. It limits jumping from one organization's fiscal year began in 2022 and the date the fiscal part of the form to another to make a calculation or determination year ended in 2023. needed to complete an earlier part. Certain later parts of the Short period. A short accounting period is a period of less than form must first be completed in order to complete earlier parts. In 12 months, which exists when an organization first commences general, first complete the core form, and then complete operations, changes its accounting period, or terminates. If the alphabetically Schedules A–N and Schedule R, except as organization's short year began in 2022, and ended before provided below. Schedule O (Form 990), Supplemental December 31, 2022 (not on or after December 31, 2022), it may Information to Form 990 or 990-EZ, should be completed as the use either 2021 Form 990 or 2022 Form 990 to file for the short core form and schedules are completed. Note that all year. If using the 2021 return, provide the information for organizations filing Form 990 must file Schedule O. designated years listed on the return, other than the tax year A public charity described in section 170(b)(1)(A)(iv), being reported, as if the years shown in the form text and TIP 170(b)(1)(A)(vi), or 509(a)(2) that isn't within its initial 5 headings were updated. For example, if filing for a short period years of existence should first complete Part II or III of beginning in 2022 on the 2021 Form 990, provide the Schedule A (Form 990) to ensure that it continues to qualify as a information on Schedule A, Part II, for the tax years 2018–2022, public charity for the tax year. If it fails to qualify as a public rather than for tax years 2017–2021. Check the “Initial return” charity, then it must file Form 990-PF rather than Form 990 or box or the “Final return/terminated” box in Item B of the Heading Form 990-EZ, and check the box for “Initial return of a former if either of those situations applies. public charity” on page 1 of Form 990-PF. Accounting period change. If the organization changes its accounting period, it must file a Form 990 for the short period 1. Complete Items A through F and H(a) through M in the resulting from the change. If you are filing a short period return heading of Form 990, on page 1. because you changed your accounting period, use software with 2. See the instructions for definitions of related a change of accounting period field to file. Also, include the organization and control and determine the organization's reason for the change, either “Form 1128 was approved” or related organizations required to be listed on Schedule R (Form “Revenue Procedure 85-58 rules apply.” 990), Related Organizations and Unrelated Partnerships. If the organization has previously changed its annual 3. Determine the organization's officers, directors, trustees, accounting period at any time within the 10-calendar-year period key employees, and five highest compensated employees that includes the beginning of the short period resulting from required to be listed on Form 990, Part VII, Section A. the current change in accounting period, and it had a Form 4. Complete Parts VIII, IX, and X of Form 990. 990-series filing requirement or income tax return filing requirement at any time during that 10-year period, it must also 5. Complete Item G in the heading section of Form 990, on file a Form 1128, Application To Adopt, Change, or Retain a Tax page 1. 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). -4- 2022 Instructions for Form 990 |
Page 5 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 990-EZ, or Form 1128, or by sending a letter to Internal Revenue change in accounting method. In this case, the procedures Service, 1973 Rulon White Blvd., Ogden, UT 84201. applicable to requests for accounting method changes (for example, the requirement to file a Form 3115) are not applicable. Accounting Methods Thus, a tax-exempt entity that has never taken into account An “accounting method,” for federal income tax purposes, is a an item of income or deduction in determining taxable income practice a taxpayer follows to determine the tax year in which to does not have to request consent to change its method of report revenue and expenses for federal income tax purposes. reporting that item on Form 990. Additionally, a tax-exempt entity An accounting method includes not only the overall plan of that has never been subject to federal income tax on an item of accounting for gross income or deductions (for example, an income or deduction but that is required to file a Form 990-T accrual method or the cash receipts and disbursement method), solely due to owing a section 6033(e)(2) proxy tax does not have but also the treatment of any item that involves the proper time to request consent to change its method for reporting the item. for the inclusion of an item in income or the taking of an item as a deduction, or both. However, a practice that does not affect the Adjustments required when changing an accounting meth- timing for reporting an item of income or deduction for purposes od. A taxpayer, including a tax-exempt entity, that changes its of determining taxable income is not an accounting method. A accounting method must generally calculate and report an taxpayer, including a tax-exempt entity, generally adopts any adjustment to ensure that no portion of the item being changed permissible accounting method in the first year in which it uses is permanently omitted or duplicated (see section 481(a)). the method in determining its taxable income. See Rev. Proc. However, depending on the specific method change, the IRS 2015-13, 2015-5 I.R.B. 419. may provide that an adjustment is not required or permitted. An organization must report any adjustment required by section An exempt organization may adopt an accounting 481(a) in Parts VIII through XI and on Schedule D (Form 990), ! method not only for purposes of calculating taxable Parts XI and XII, as applicable, and provide an explanation for CAUTION income, but also for purposes of determining whether the change on Schedule O (Form 990). taxable income will be subject to federal income tax. For example, a tax-exempt entity may adopt an accounting method Generally, a taxpayer, including a tax-exempt entity, will for an item of income from an unrelated trade or business activity ! recognize a positive section 481(a) adjustment (such as even if the gross income from such activity is less than $1,000 CAUTION an increase to income) ratably over 4 tax years and will and is therefore not taxed for federal income tax purposes recognize a negative section 481(a) adjustment in full in the year pursuant to Regulations section 1.6012-2(e). of change. See Rev. Proc. 2015-13, or its successor. However, as discussed above, if a tax-exempt entity has not An accounting method for an item of income or deduction yet adopted an accounting method for an item, a change in how may generally be adopted separately for each of the taxpayer’s the entity reports the item for purposes of the Form 990 is not a trades or businesses. However, in order to be permissible, an change in accounting method. In this case, an adjustment under accounting method must clearly reflect the taxpayer’s income. section 481(a) is not required or permitted. Unless instructed otherwise, the organization should generally State reporting. Many states that accept Form 990 in place of use the same accounting method on the return (including the their own forms require that all amounts be reported based on Form 990 and all schedules) to report revenue and expenses the accrual method of accounting. If the organization prepares that it regularly uses to keep its books and records. Form 990 for state reporting purposes, it can file an identical Accounting method change. Once a taxpayer, including a return with the IRS even though the return doesn't agree with the tax-exempt entity, adopts an accounting method for federal books of account, unless the way one or more items are income tax purposes, the taxpayer must generally request the reported on the state return conflicts with the instructions for IRS’s consent before it can change its accounting method (even preparing Form 990 for filing with the IRS. if the year in which the taxpayer seeks to make the change is a Example 1. The organization maintains its books on the year in which it generates only tax-exempt income or is cash receipts and disbursements method of accounting but otherwise not taxed on its taxable income). In most cases, a prepares a Form 990 return for the state based on the accrual taxpayer requests consent to change an accounting method by method. It could use that return for reporting to the IRS. filing a Form 3115, Application for Change in Accounting Method. See Rev. Proc. 2015-13, or any successor, for general Example 2. A state reporting requirement requires the procedures for obtaining consent to change an accounting organization to report certain revenue, expense, or balance method. sheet items differently from the way it normally accounts for them on its books. A Form 990 prepared for that state is Depending on the specific accounting method change acceptable for IRS reporting purposes if the state reporting ! being requested, the taxpayer may be able to request requirement doesn't conflict with the Instructions for Form 990. CAUTION “automatic” consent. This means that as long as the taxpayer follows the applicable procedures, the taxpayer does An organization should keep a reconciliation of any not have to wait for formal approval by the IRS before applying differences between its books of account and the Form 990 that the new accounting method. See Rev. Proc. 2022-14, 2022-7 is filed. Organizations with audited financial statements are I.R.B. 502, or its successor, for a list of accounting method required to provide such reconciliations on Schedule D (Form changes that generally qualify for automatic consent. 990), Parts XI through XII. For example, a tax-exempt entity that has adopted an See Pub. 538, Accounting Periods and Methods, and accounting method for an item of income from an unrelated TIP the instructions for Forms 1128 and 3115, about trade or business must generally request consent before it can reporting changes to accounting periods and methods. change its method of accounting for that item in any subsequent year. This is true regardless of whether gross income from the E. When, Where, and How To File unrelated trade or business is greater than or equal to $1,000 in File Form 990 by the 15th day of the 5th month after the such subsequent year. organization's accounting period ends (May 15th for a Alternatively, if a taxpayer, including a tax-exempt entity, has calendar-year filer). If the due date falls on a Saturday, Sunday, not yet adopted an accounting method for an item of income or or legal holiday, file on the next business day. A business day is deduction, a change in how the entity reports the item is not a any day that isn't a Saturday, Sunday, or legal holiday. 2022 Instructions for Form 990 -5- |
Page 6 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If the organization is liquidated, dissolved, or terminated, file • Complete all applicable line items; the return by the 15th day of the 5th month after liquidation, • Unless instructed to skip a line, answer each question on the dissolution, or termination. return; If the return isn't filed by the due date (including any extension • Make an entry (including a zero when appropriate) on all lines granted), provide a reasonable-cause explanation giving the requiring an amount or other information to be reported; and reasons for not filing on time. • Provide required explanations as instructed. Also, this penalty can be imposed if the organization's return Required electronic filing. If you are filing a 2022 Form 990, contains incorrect information. For example, an organization that you are required to file electronically. reports contributions net of related fundraising expenses can be For additional information on the electronic filing requirement, subject to this penalty. go toIRS.gov/E-file. Use of a paid preparer doesn't relieve the organization of its responsibility to file a complete and accurate return. F. Extension of Time To File Use Form 8868, Application for Automatic Extension of Time To Against responsible person(s). If the organization doesn't file File an Exempt Organization Return, to request an automatic a complete return or doesn't furnish correct information, the IRS extension of time to file. will send the organization a letter that includes a fixed time to fulfill these requirements. After that period expires, the person G. Amended Return/Final Return failing to comply will be charged a penalty of $10 a day. The To amend the organization's return for any year, file a new return maximum penalty on all persons for failures for any one return including any required schedules. Use the version of Form 990 shall not exceed $5,500. applicable to the year being amended. The amended return There are also penalties (fines and imprisonment) for willfully must provide all the information called for by the form and not filing returns and for filing fraudulent returns and statements instructions, not just the new or corrected information. Check the with the IRS (see sections 7203, 7206, and 7207). States can “Amended return” box in Item B in the heading area of the form. impose additional penalties for failure to meet their separate Also, enter on Schedule O (Form 990) which parts and filing requirements. schedules of the Form 990 were amended and describe the Automatic revocation for nonfiling for 3 consecutive years. amendments. The law requires most tax-exempt organizations to file an annual The organization can file an amended return at any time to Form 990, 990-EZ, or 990-PF with the IRS, or to submit a Form change or add to the information reported on a previously filed 990-N e-Postcard to the IRS. For information on exceptions to return for the same period. It must make the amended return this requirement, go to Annual Exempt Organization Return: available for inspection for 3 years from the date of filing or 3 Who Must File. If an organization fails to file an annual return or years from the date the original return was due, whichever is submit a notice as required for 3 consecutive years, its later. tax-exempt status is automatically revoked on and after the due If the organization needs a complete copy of its previously date for filing its third annual return or notice. Organizations that filed return, it can file Form 4506, Request for Copy of Tax lose their tax-exempt status may need to file income tax returns Return. and pay income tax, but may apply for reinstatement of exemption. For details, go to IRS.gov/EO. If the return is a final return, the organization must check the “Final return/terminated” box in Item B in the heading area of the I. Group Return form, and complete Schedule N (Form 990), Liquidation, Termination, Dissolution, or Significant Disposition of Assets. A central, parent, or similar organization can file a group return on Form 990 for two or more subordinate or local organizations Amended returns and state filing considerations. State law that are: may require that the organization send a copy of an amended • Affiliated with the central organization at the time its tax year Form 990 return (or information provided to the IRS ends, supplementing the return) to the state with which it filed a copy of • Subject to the central organization's general supervision or Form 990 to meet that state's reporting requirement. A state may control, require an organization to file an amended Form 990 to satisfy • Exempt from tax under a group exemption letter that is still state reporting requirements, even if the original return was in effect, and accepted by the IRS. • Using the same tax year as the central organization. H. Failure-To-File Penalties The central organization can't use a Form 990-EZ for the group return. Against the organization. Under section 6652(c)(1)(A), a penalty of $20 a day, not to exceed the lesser of $11,000 or 5% A subordinate organization may choose to file a separate of the gross receipts of the organization for the year, can be annual information return instead of being included in the group charged when a return is filed late, unless the organization return. shows that the late filing was due to reasonable cause. If the central organization is required to file a return for Organizations with annual gross receipts exceeding itself, it must file a separate return and can't be included in the $1,129,000 are subject to a penalty of $110 for each day failure group return. See Regulations section 1.6033-2(d)(1). See continues (with a maximum penalty for any one return of Section B, earlier, for a list of organizations not required to file. $56,000). The penalty applies on each day after the due date 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 are true and complete. The penalty can also be charged if the organization files an 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 having to supply missing information later: separate requirement from the annual return) to: -6- 2022 Instructions for Form 990 |
Page 7 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury missing information. Failure to supply the information may result Internal Revenue Service Center in a penalty being assessed to your account. For tips on filing Ogden, UT 84201-0027 complete returns, go to IRS.gov/Charities. Reporting proper amounts. Some lines request information For special instructions regarding answering certain Form reported on other forms filed by the organization (such as Forms 990 questions about parts or schedules in the context of a group W-2, 1099, and 990-T). If the organization is aware that the return, see Appendix E. amount actually reported on the other form is incorrect, it must report on Form 990 the information that should have been J. Requirements for a Properly reported on the other form (in addition to filing an amended form Completed Form 990 with the proper amount). All organizations filing Form 990 must complete Parts I through In general, don't report negative numbers, but use -0- instead XII, Schedule O (Form 990), and any schedules for which a of a negative number, unless the instructions otherwise provide. “Yes” response is indicated in Part IV. If an organization isn't Report revenue and expenses separately and don't net related required to file Form 990 but chooses to do so, it must file a items, unless otherwise provided. complete return and provide all of the information requested, Inclusion of activities and items of disregarded entities including the required schedules. and joint ventures. An organization must report on its Form Public inspection. In general, all information the organization 990 all of the revenues, expenses, assets, liabilities, and net reports on or with its Form 990, including schedules and assets or funds of a disregarded entity of which it is the sole attachments, will be available for public inspection. Note, member, and must report on its Form 990 its share of all such however, the special rules for Schedule B (Form 990), a required items of a joint venture or other investment or arrangement schedule for certain organizations that file Form 990. Make sure treated as a partnership for federal income tax purposes. This PDF attachments (if any) are clear and legible. For more includes passive investments. In addition, the organization must information on public inspection requirements, see Appendix D, generally report activities of a disregarded entity or a joint and Pub. 557, Tax-Exempt Status for Your Organization. venture on the appropriate parts or schedules of Form 990. For special instructions about the treatment of disregarded entities Signature. A Form 990 isn't complete without a proper and joint ventures for various parts of the form, see Appendix F. signature. For details, see the instructions for Part II, Signature Block, later. Reporting information from third parties. Some lines request information that the organization may need to obtain Recordkeeping. The organization's records should be kept for from third parties, such as compensation paid by related as long as they may be needed for the administration of any organizations; family and business relationships between provision of the Internal Revenue Code. Usually, records that officers, directors, trustees, key employees, and certain support an item of income, deduction, or credit must be kept for businesses they own or control; the organization's share of the a minimum of 3 years from the date the return is due or filed, income and assets of a partnership or joint venture in which it whichever is later. Keep records that verify the organization's has an ownership interest; and certain transactions between the basis in property for as long as they are needed to figure the organization and interested persons. The organization should basis of the original or replacement property. Applicable law and make reasonable efforts to obtain this information. If it is unable an organization's policies can require that the organization retain to obtain certain information by the due date for filing the return, records longer than 3 years. Form 990, Part VI, line 14, asks it should file Form(s) 8868 to request a filing extension. See whether the organization has a document retention and Section F. Extension of Time To File, earlier. If the organization destruction policy. is unable to obtain this information by the extended due date The organization should also keep copies of any returns it after making reasonable efforts, and isn't certain of the answer to has filed. They help in preparing future returns and in making a particular question, it may make a reasonable estimate, where computations when filing an amended return. applicable, and explain in Schedule O. Rounding off to whole dollars. The organization must round off cents to whole dollars on the returns and schedules, unless Assembling Form 990, Schedules, and otherwise noted for particular questions. To round, drop Attachments amounts under 50 cents and increase amounts from 50 to 99 Before filing Form 990, assemble the package of forms, cents to the next dollar. For example, $1.49 becomes $1 and schedules, and attachments in the following order. $2.50 becomes $3. If the organization has to add two or more 1. Core form with Parts I through XII completed, filed in amounts to figure the amount to enter on a line, include cents numerical order. when adding the amounts and round off only the total. 2. Schedules, completed as applicable, filed in alphabetical Completing all lines. Make an entry (including -0- when order (see Form 990, Part IV, for required schedules). appropriate) on all lines requiring an amount or other information 3. Attachments, completed as applicable. These include (a) to be reported. Don't leave any applicable lines blank, unless name change amendment to organizing document required by expressly instructed to skip that line. If answering a line is Item B on page 1; (b) list of subordinate organizations predicated on a “Yes” answer to the preceding line, and if the included in a group return required by Item H on page 1; (c) organization's answer to the preceding line was “No,” then leave articles of merger or dissolution, resolutions, and plans of the “If Yes” line blank. liquidation or merger required by Schedule N (Form 990); and All filers must file Schedule O (Form 990). Certain questions (d) for hospital organizations only, a copy of the most recent require all filers to provide an explanation in Schedule O (Form audited financial statements. 990). In general, answers can be explained or supplemented in 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. Missing or incomplete parts of the form and/or required schedules may result in the IRS contacting you to obtain the 2022 Instructions for Form 990 -7- |
Page 8 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To facilitate the processing of your return, don't An organization must support any claim to have ! password protect or encrypt PDF attachments. ! liquidated, terminated, dissolved, or merged by CAUTION Password protecting or encrypting a PDF file that is CAUTION attaching a certified copy of its articles of dissolution or attached to an e-filed return prevents the IRS from opening the merger approved by the appropriate state authority. If a certified attachment. copy of its articles of dissolution or merger isn't available, the organization must submit a copy of a resolution or resolutions of its governing body approving plans of liquidation, termination, Specific Instructions dissolution, or merger. Amended return. Check this box if the organization previously filed a return with the IRS for a tax year and is now filing another return for the same tax year to amend the Heading. Items A–M previously filed return. Enter on Schedule O (Form 990) the parts Complete items A through M. and schedules of the Form 990 that were amended and describe Item A. Accounting period. File the 2022 return for calendar the amendments. See General Instructions, Section G. year 2022 and fiscal years that began in 2022 and ended in Amended Return/Final Return, earlier, for more information. 2023. For a fiscal year return, fill in the tax year space at the top Application pending. Check this box if the organization of page 1. See General Instructions, Section D. Accounting either has filed a Form 1023, 1023-EZ, 1024, or 1024-A with the Periods and Methods, earlier, for additional information about IRS and is awaiting a response, or claims tax-exempt status accounting periods. under section 501(a) but hasn't filed Form 1023, 1023-EZ, 1024, or 1024-A to be recognized by the IRS as tax exempt. If this box Item B. Checkboxes. The following checkboxes are under is checked, the organization must complete all parts of Form 990 Item B. and any required schedules. An organization that is required to Address change. Check this box if the organization changed file an annual information return (Form 990 or Form 990-EZ) or its address and hasn't reported the change on its most recently submit an annual electronic notice (Form 990-N) for a tax year filed Form 990, 990-EZ, 990-N, or 8822-B, Change of Address (see General Instructions, Section A, earlier) must do so even if or Responsible Party—Business, or in correspondence to the it hasn't yet filed a Form 1023, 1023-EZ, 1024, or 1024-A with IRS. the IRS, if it claims tax-exempt status. If a change in address occurs after the return is filed, use To qualify for tax exemption retroactive to the date of its TIP Form 8822-B to notify the IRS of the new address. organization or formation, an organization claiming tax-exempt status under section 501(c) (other than 501(c)(29)) must Name change. Check this box if the organization changed its generally file an application for recognition of exemption (Form legal name (not its “doing business as” name) and if the 1023, 1023-EZ, 1024, or 1024-A) within 27 months of the end of organization hasn't reported the change on its most recently filed the month in which it was legally organized or formed. Form 990 or 990-EZ or in correspondence to the IRS. If the Item C. Name and address. Enter the organization's legal organization changed its name, attach the following documents: name on the “Name of organization” line. If the organization operates under a name different from its legal name, enter the IF the organization is . . . THEN attach . . . alternate name on the “Doing Business As” (DBA) line. If multiple a corporation a copy of the amendment to the DBA names won't fit on the line, enter one on the line and enter articles of incorporation and proof of the others on Schedule O (Form 990). filing with the appropriate state If the organization receives its mail in care of a third party authority. (such as an accountant or an attorney), enter on the street a trust a copy of the amendment to the trust address line “C/O” followed by the third party's name and street instrument, or a resolution to amend address or P.O. box. the trust instrument, showing the Include the suite, room, or other unit number after the street effective date of the change of name address. If the post office doesn’t deliver mail to the street and signed by at least one trustee. address and the organization has a P.O. box, enter the box an unincorporated association a copy of the amendment to the number instead of the street address. articles of association, constitution, or For foreign addresses, enter the information in the following other organizing document, showing the effective date of the change of order: city or town, state or province, the name of the country, name and signed by at least two and the postal code. Don't abbreviate the country name. officers, trustees, or members. If a change of address occurs after the return is filed, use Form 8822-B to notify the IRS of the new address. Initial return. Check this box if this is the first time the Item D. Employer identification number (EIN). Each organization is filing a Form 990 and it hasn't previously filed a organization (including a subordinate of a central organization) Form 990-EZ, 990-PF, 990-T, or 990-N. must have its own EIN. Use the EIN provided to the organization Final return/terminated. Check this box if the organization for filing its Form 990 and federal tax returns. An organization has terminated its existence or ceased to be a section 501(a) or should never use the EIN issued to another organization, even if section 527 organization and is filing its final return as an exempt the organizations are related. The organization must have only organization or section 4947(a)(1) trust. For example, an one EIN. If it has more than one and hasn't been advised which organization should check this box when it has ceased to use, notify the: operations and dissolved, merged into another organization, or Department of the Treasury has had its exemption revoked by the IRS. An organization that Internal Revenue Service Center checks this box because it has liquidated, terminated, or Ogden, UT 84201-0027 dissolved during the tax year must also attach Schedule N (Form 990). -8- 2022 Instructions for Form 990 |
Page 9 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. State the numbers the organization has, the name and Item I. Tax-exempt status. Check the applicable box. If the address to which each EIN was assigned, and the address of organization is exempt under section 501(c) (other than section the organization's principal office. The IRS will advise the 501(c)(3)), check the second box and insert the appropriate organization which number to use. subsection number within the parentheses (for example, “4” for a A subordinate organization that files a separate Form section 501(c)(4) organization). TIP 990 instead of being included in a group return must use Item J. Website. Enter the organization's current address for its its own EIN, and not that of the central organization. primary website, as of the date of filing this return. If the organization doesn’t maintain a website, enter “N/A” (not A section 501(c)(9) voluntary employees' beneficiary applicable). TIP association must use its own EIN and not the EIN of its sponsor. Item K. Form of organization. Check the box describing the organization's legal entity form or status under state law in its Item E. Telephone number. Enter a telephone number of the state of legal domicile. These include corporations, trusts, organization that members of the public and government unincorporated associations, and other entities (for example, personnel can use during normal business hours to obtain partnerships and limited liability companies (LLCs)). information about the organization's finances and activities. If the Item L. Year of formation. Enter the year in which the organization doesn’t have a telephone number, enter the organization was legally created under state or foreign law. If a telephone number of an organization official who can provide corporation, enter the year of incorporation. such information. Item M. State of legal domicile. For a corporation, enter the Item F. Name and address of principal officer. The address state of incorporation (country of incorporation for a foreign provided must be a complete mailing address to enable the IRS corporation formed outside the United States). For a trust or to communicate with the organization's current (as of the date other entity, enter the state whose law governs the this return is filed) principal officer, if necessary. If the officer organization's internal affairs (or the foreign country whose law prefers to be contacted at the organization's address listed in governs for a foreign organization other than a corporation). Item C, enter “same as C above.” For purposes of this item, “principal officer” means an officer of the organization who, Part I. Summary regardless of title, has ultimate responsibility for implementing the decisions of the organization's governing body, or for Because Part I generally reports information reported supervising the management, administration, or operation of the TIP elsewhere on the form, complete Part I after the other organization. parts of the form are completed. See General Instructions, Section C, earlier. If a change in responsible party occurs after the return is TIP filed, use Form 8822-B to notify the IRS of the new Complete lines 3–5 and 7–22 by using applicable references responsible party. made in Part I to other items. Item G. Gross receipts. On Form 990, Part VIII, column A, add Line 1. Describe the organization's mission or its most line 6b (both columns (i) and (ii)), line 7b (both columns (i) and significant activities for the year, whichever the organization (ii)), line 8b, line 9b, line 10b, and line 12, and enter the total wishes to highlight, on the summary page. here. See the exceptions from filing Form 990 based on gross Line 2. Check this box if the organization answered “Yes” on receipts and total assets as described in General Instructions, Part IV, line 31 or 32, and complete Schedule N (Form 990), Part Sections A and B, earlier. I or Part II. Item H. Group returns. If the organization answers “No” to Line 6. Enter the number of volunteers, full-time and part-time, Item H(a), it shouldn't check a box in Item H(b). If the including volunteer members of the organization's governing organization answers “Yes” to Item H(a) but “No” to Item H(b), body, who provided volunteer services to the organization during attach a list (not on Schedule O (Form 990)) showing the name, the reporting year. Organizations that don't keep track of this address, and EIN of each local or subordinate organization information in their books and records or report this information included in the group return. Additionally, attach a list (not on elsewhere (such as in annual reports or grant proposals) can Schedule O) showing the name, address, and EIN of each provide a reasonable estimate, and can use any reasonable subordinate organization not included in the group return. If the basis for determining this estimate. Organizations can, but aren't organization answers “Yes” to Item H(a) and “Yes” to Item H(b), required to, provide an explanation on Schedule O (Form 990) of attach a list (not on Schedule O) showing the name, address, how this number was determined, the number of hours those and EIN of each subordinate organization included in the group volunteers served during the tax year, and the types of services return. See Regulations section 1.6033-2(d)(2)(ii). A central or or benefits provided by the organization's volunteers. subordinate organization filing an individual return should not attach such a list. Enter in Item H(c) the four-digit group Line 7b. If the organization isn't required to file a Form 990-T for exemption number (GEN) if the organization is filing a group the tax year, enter “0.” If the organization hasn't yet filed Form return, or if the organization is a central or subordinate 990-T for the tax year, provide an estimate of the amount it organization in a group exemption and is filing a separate expects to report on Form 990-T, Part I, line 11, when it is filed. return. Don't confuse the four-digit GEN with the nine-digit EIN Lines 8–19. If this is an initial return, or if the organization filed reported on Item D of the form's heading. A central Form 990-EZ or 990-PF in the prior year, leave the “Prior Year” organization filing a group return must not report its own EIN in column blank. Use the same lines from the 2021 Form 990 to Item D, but report the special EIN issued for use with the group determine what to report for prior year revenue and expense 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 services paid to officers, directors, trustees, key employees, and 2022 Instructions for Form 990 -9- |
Page 10 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. disqualified persons, whether or not such persons are preparer's authorization or revoke it before it ends, see Pub. 947, employees of the organization. Exclude the latter amount from Practice Before the IRS and Power of Attorney. Part I, line 15. Check “No” if the IRS should contact the organization or its Part II. Signature Block principal officer listed in Item F of the heading on page 1, rather The return must be signed by the current president, vice than the paid preparer. president, treasurer, assistant treasurer, chief accounting officer, Part III. Statement of Program Service or other corporate officer (such as a tax officer) who is authorized to sign as of the date this return is filed. A receiver, Accomplishments trustee, or assignee must sign any return he or she files for a Check the box in the heading of Part III if Schedule O (Form 990) corporation or association. See Regulations section 1.6012-3(b) contains any information pertaining to this part. Part III requires (4). For a trust, the authorized trustee(s) must sign. The reporting regarding the organization's program service definition of “officer” for purposes of Part II is different from the accomplishments. A program service is an activity of an definition of officer (see Glossary) used to determine which organization that accomplishes its exempt purpose. Examples of officers to report elsewhere on the form and schedules, and from program service accomplishments can include: the definition of principal officer for purposes of the Form 990 • A section 501(c)(3) organization's charitable activities such as heading (see Glossary). a hospital's provision of charity care under its charity care policy, a college's provision of higher education to students under a Paid Preparer degree program, a disaster relief organization's provision of Generally, anyone who is paid to prepare the return must sign grants or assistance to victims of a natural disaster, or a nursing the return, list the preparer taxpayer identification number home's provision of rehabilitation services to residents; (PTIN), and fill in the other blanks in the Paid Preparer Use Only • A section 501(c)(5) labor union's conduct of collective area. An employee of the filing organization isn't a paid preparer. bargaining on behalf of its members; • A section 501(c)(6) business league's conduct of meetings for The paid preparer must: members to discuss business issues; or • Sign the return in the space provided for the preparer's • A section 501(c)(7) social club's operation of recreational and signature; dining facilities for its members. • Enter the preparer information, including the preparer's PTIN; and Don't report a fundraising activity as a program service • Give a copy of the return to the organization. accomplishment unless it is substantially related to the accomplishment of the organization's exempt purposes (other Any paid preparer can apply for and obtain a PTIN online at than by raising funds). 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 as articulated in its mission statement or as otherwise adopted by the organization's Enter the paid preparer's PTIN, not his or her social governing body, if applicable. If the organization doesn’t have ! security number (SSN), in the “PTIN” box in the paid a mission that has been adopted or ratified by its governing CAUTION preparer's block. The IRS won't redact the paid body, enter “None.” preparer's SSN if such SSN is entered on the paid preparer's block. Because Form 990 is a publicly disclosable document, Line 2. Answer “Yes” if the organization undertook any new any information entered in this block will be publicly disclosed significant program services prior to the end of the tax year that (see Appendix D). For more information about applying for a it didn’t describe in a prior year's Form 990 or 990-EZ. Describe PTIN online, go to the IRS website at IRS.gov/TaxPros. these items on Schedule O (Form 990). If any are among the activities described on Form 990, Part III, line 4, the organization Note. A paid preparer may sign original or amended returns by can reference the detailed description on line 4. If the rubber stamp, mechanical device, or computer software organization has never filed a Form 990 or 990-EZ, answer “No.” program. Line 3. Answer “Yes” if the organization made any significant changes prior to the end of the tax year in how it conducts its Paid Preparer Authorization program services to further its exempt purposes, or if the On the last line of Part II, check “Yes” if the IRS can contact the organization ceased conducting significant program services paid preparer who signed the return to discuss the return. This that had been conducted in a prior year. Describe these items on authorization applies only to the individual whose signature Schedule O (Form 990). appears in the Paid Preparer Use Only section of Form 990. It An organization must report new, significant program doesn’t apply to the firm, if any, shown in that section. TIP services, or significant changes in how it conducts By checking “Yes,” the organization is authorizing the IRS to program services on its Form 990, Part III, rather than in contact the paid preparer to answer any questions that arise a letter to IRS Exempt Organizations Determinations (“EO during the processing of the return. The organization is also Determinations”). EO Determinations no longer issues letters authorizing the paid preparer to: confirming the tax-exempt status of organizations that report • Give the IRS any information missing from the return; such new services or significant changes. • Call the IRS for information about processing the return; and Lines 4a–4c. All organizations must describe their • Respond to certain IRS notices about math errors, offsets, accomplishments for each of their three largest program and return preparation. services, as measured by total expenses incurred (not including The organization isn't authorizing the paid preparer to bind donated services or the donated use of materials, equipment, or the organization to anything or otherwise represent the facilities). If there were three or fewer of such activities, describe organization before the IRS. each program service activity. The organization can report on 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 2023 expenses incurred (such as activities conducted with volunteer Form 990. If the organization wants to expand the paid labor). -10- 2022 Instructions for Form 990 |
Page 11 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Code. For the 2022 tax year, leave this blank. Part IV. Checklist of Required Expenses and grants. For each program service reported on lines 4a–4c, section 501(c)(3) and 501(c)(4) organizations Schedules must enter total expenses included on Part IX, line 25, column For each “Yes” answer to a question on Form 990, Part IV, (B), and total grants and allocations (if any) included within such complete the applicable schedule (or part or line of the total expenses that were reported on Part IX, lines 1–3, column schedule). See the Glossary and instructions for the pertinent (B). For all other organizations, entering these amounts is schedules for definitions of terms and explanations that are optional. relevant to questions in this part. Revenue. For each program service, section 501(c)(3) and 501(c)(4) organizations must report any revenue derived directly The organization isn't required to answer “Yes” to a question from the activity, such as fees for services or from the sale of on Form 990, Part IV, or complete the schedule (or part of a goods that directly relate to the listed activity. This revenue schedule) to which the question is directed if the organization includes program service revenue reported on Part VIII, line 2, isn't required to provide any information in the schedule (or part column (A), and includes other amounts reported on Part VIII, of the schedule). Thus, a minimum dollar threshold for reporting lines 3–11, as related or exempt function revenue. Also include information on a schedule may be relevant in determining unrelated business income from a business that exploits an whether the organization must answer “Yes” on a question on exempt function, such as advertising in a journal. For this Form 990, Part IV. purpose, charitable contributions and grants (including the Line 1. Answer “Yes” if the organization is a section 501(c)(3) charitable contribution portion, if any, of membership dues) organization that isn't a private foundation. Answer “Yes” if the reported on Part VIII, line 1, aren't considered revenue derived organization claims section 501(c)(3) status but hasn't yet filed a from program services. For organizations other than section Form 1023 or Form 1023-EZ application or received a 501(c)(3) and 501(c)(4) organizations, entering these amounts is determination letter recognizing its section 501(c)(3) status. All optional. other organizations answer “No.” Description of program services. For each program service reported, include the following. Line 2. Answer “Yes” if any of the following are satisfied. • Describe program service accomplishments through specific • A section 501(c)(3) organization met the 33 / % support test 1 3 measurements such as clients served, days of care provided, of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi); number of sessions or events held, or publications issued. checks the box on Schedule A (Form 990), Part II, line 13, 16a, • Describe the activity's objective, for both this time period and or 16b; and received from any one contributor, during the year, the longer-term goal, if the output is intangible, such as in a contributions of the greater of $5,000 (in money or property) or research activity. 2% of the amount on Form 990, Part VIII, line 1h. An • Give reasonable estimates for any statistical information if organization filing Schedule B (Form 990) can limit the exact figures aren't readily available. Indicate that this contributors it reports on Schedule B (Form 990) using this information is estimated. greater-than-$5,000/2% threshold only if it checks the box on • Be clear, concise, and complete in the description. Use Schedule A (Form 990), Part II, line 13, 16a, or 16b. Schedule O (Form 990) if additional space is needed. • A section 501(c)(3) organization didn’t meet the 33 / % 1 3 Donated services or use of equipment, materials, or support test of the regulations under sections 509(a)(1) and facilities. The organization can report the amount of any 170(b)(1)(A)(vi), and received during the year contributions of donated services, or use of materials, equipment, or facilities it $5,000 or more from any one contributor. received or used in connection with a specific program service, • A section 501(c)(7), 501(c)(8), or 501(c)(10) organization on the lines for the narrative description of the appropriate received, during the year, (a) contributions of any amount for program service. However, don't include these amounts in use exclusively for religious, charitable, scientific, literary, or revenue, expenses, or grants reported on Part III, lines 4a–4e, educational purposes, or for the prevention of cruelty to children even if prepared according to generally accepted accounting or animals; or (b) contributions of $5,000 or more not exclusively principles. for such purposes from any one contributor. Public interest law firm. A public interest law firm exempt • Any other organization that received, during the year, under section 501(c)(3) or section 501(c)(4) must include a list of contributions of $5,000 or more from any one contributor. all the cases in litigation or that have been litigated during the Don't attach substitutes for Schedule B (Form 990). year. For each case: • Describe the matter in dispute, CAUTION! • Explain how the litigation will benefit the public generally, and • Enter the fees sought and recovered. Line 3. All organizations must answer this question, even if they See Rev. Proc. 92-59, 1992-2 C.B. 411. aren't subject to a prohibition against political campaign activities. Answer “Yes” whether the activity was conducted Line 4d. Other program services. Enter on Schedule O (Form directly or indirectly through a disregarded entity or a joint 990) the organization's other program services. The detailed venture or other arrangement treated as a partnership for description required for the three largest program services need federal income tax purposes and in which the organization is an not be provided for these other program services. Section 501(c) owner. (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 Line 4. Complete only if the organization is a section 501(c)(3) expenses (including grants) reported on Part IX, column (B), that organization. Other organizations leave this line blank. Answer are attributable to these other program services, and must report “Yes” if the organization engaged in lobbying activities or had on Part III, line 4e, their total program service expenses from a section 501(h) election in effect during the tax year. All section Part III, lines 4a–4d. For all other organizations, entering these 501(c)(3) organizations that had a section 501(h) election in amounts is optional. The organization may report the effect during the tax year must complete Schedule C (Form non-contribution portion of membership dues on line 4d or 990), Part II-A, whether or not they engaged in lobbying activities allocate that portion among lines 4a–4c. during the tax year. Line 5. Answer “Yes” only if the organization is a section 501(c) (4), 501(c)(5), or 501(c)(6) organization that receives membership dues, assessments, or similar amounts as defined 2022 Instructions for Form 990 -11- |
Page 12 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in Rev. Proc. 98-19, 1998-1 C.B. 547. Other organizations but has prepared, for the year for which it is completing this answer “No.” return, a financial statement that wasn't audited, the organization can (but isn't required to) provide the reconciliations contained Line 6. Answer “Yes” if the organization maintained at any time on Schedule D (Form 990), Parts XI–XII. during the organization's tax year a donor advised fund or another similar fund or account (that is, any account over which Line 12b. Answer “Yes” if the organization was included in the donor or a person appointed by the donor had advisory consolidated, independent audited financial statements for privileges over the use or investment of any portion of the the year for which it is completing this return. All other account, but which isn't a donor advised fund). Examples of organizations answer “No.” Answer “Yes” if the organization is other similar funds or accounts include, but aren't limited to, the reporting for a short year that is included in, but not identical to, types of funds or accounts described as exceptions to the the period for which the audited financial statements were Glossary definition of a donor advised fund. obtained. Line 7. Answer “Yes” if the organization received or held any Line 13. Answer “Yes” if the organization checked the box on conservation easement at any time during the year, regardless Schedule A (Form 990), Part I, line 2, indicating that it is a of how the organization acquired the easement or whether a school. charitable deduction was claimed by a donor of the easement. Lines 14a–14b. Answer “Yes” on line 14a if the organization Line 8. Answer “Yes” if, at any time during the year, the maintained an office, or had employees or agents, or organization maintained collections of works of art, historical independent contractors outside the United States. Answer treasures, and other similar assets as described in ASC “Yes” on line 14b if the organization had aggregate revenue or 958-360-45, whether or not the organization reported revenue expenses of more than $10,000 from or attributable to and assets related to such collections in its financial statements. grantmaking, fundraising activities, business, investment, and program service activities outside the United States, or if the Organizations that answer “Yes” on line 8 will often book value of the organization's aggregate investments in TIP answer “Yes” on Part IV, line 30, which addresses current-year noncash contributions of such items. foreign partnerships, foreign corporations, and other foreign entities was $100,000 or more at any time during the tax year. Line 9. Answer “Yes” if, at any time during the organization's tax In the case of indirect investments made through investment year, the organization (1) had an escrow or custodial account; entities, the extent to which revenue or expenses are taken into (2) provided credit counseling services and/or debt account in determining whether the $10,000 threshold is management plan services, such as credit repair or debt exceeded will depend upon whether the investment entity is negotiations; or (3) acted as an agent, trustee, custodian, or treated as a partnership or corporation for U.S. tax purposes. For other intermediary for contributions or other assets not included example, an organization with an interest in a foreign partnership in Part X. would need to take into account its share of the partnership's revenue and expenses in determining whether the $10,000 Line 10. Answer “Yes” if the organization, a related threshold is exceeded. An organization with an investment in a organization, or an organization formed and maintained foreign corporation would need to take into account dividends it exclusively to further one or more exempt purposes of the receives from the corporation, but wouldn't need to take into organization (such as a foundation formed and maintained account or report any portion of the revenues, expenses, or exclusively to hold endowment funds to provide scholarships expenditures of a foreign corporation in which it holds an and other funds for a college or university described within investment, provided that the corporation is treated as a section 501(c)(3)) held assets in donor-restricted endowment separate corporation for U.S. tax purposes. funds board designated (quasi), , or endowment funds at any time during the year, whether or not the organization follows Line 15. Answer “Yes” if the organization reported on Part IX, ASC 958, or reports endowment funds in Part X, line 31. See the line 3, column (A), more than $5,000 of grants and other instructions for Schedule D (Form 990), Part V, for the definitions assistance to any foreign organization or entity (including a of these types of endowment funds. foreign government), or to a domestic organization or domestic individual for the purpose of providing grants or other Line 11. Answer “Yes” if the organization reported an amount assistance to a designated foreign organization or for land, buildings, equipment, or leasehold improvements on organizations. Part X, line 10; an amount for other liabilities on Part X, line 25; or if its financial statements for the tax year included a footnote Line 16. Answer “Yes” if the organization reported on Part IX, that addresses its liability for uncertain tax positions under FIN line 3, column (A), more than $5,000 of aggregate grants and 48 (FASB ASC 740) (including a statement that the organization other assistance to foreign individuals, or to domestic had no liability for uncertain tax positions). Also, answer “Yes” if organizations or domestic individuals for the purpose of the organization reported in Part X an amount for providing grants or other assistance to a designated foreign investments-other securities, investments-program related, or individual or individuals. other assets, on any of line 12,13, or 15, that is 5% or more of Lines 17–18. Answer “Yes” on line 17 if the total amount the total assets reported on Part X, line 16. reported for professional fundraising services in Part IX Line 12a. Answer “Yes” if the organization received separate, (line 11e, plus the portion of the line 6 amount attributable to independent audited financial statements for the year for professional fundraising services) exceeds $15,000. which it is completing this return, or if the organization is Answer “Yes” on line 18 if the sum of the amounts reported reporting for a short year that is included in, but not identical to, on lines 1c and 8a of Form 990, Part VIII, exceeds $15,000. An the period for which the audited financial statements were organization that answers “No” should consider whether to obtained. All other organizations answer “No.” Answer “No” if the complete Schedule G (Form 990) in order to report its organization was included in consolidated audited financial fundraising activities or gaming activities for state or other statements, unless the organization also received separate reporting purposes. audited financial statements. Line 20a. Answer “Yes” if the organization, directly or indirectly An accountant's compilation or review of financial through a disregarded entity or joint venture treated as a statements isn't considered to be an audit and doesn't produce partnership for federal income tax purposes, operated one or audited financial statements. If the organization answers “No,” more hospital facilities at any time during the tax year. Except -12- 2022 Instructions for Form 990 |
Page 13 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in the case of a group return, don't include hospital facilities Line 24b. For purposes of line 24b, the organization need not operated by another organization that is treated as a separate include the following as investments of proceeds. taxable or tax-exempt corporation for federal income tax • Any investment of proceeds relating to a reasonably required purposes. For group returns, answer “Yes” if any subordinate reserve or replacement fund as described in section 148(d). included in the group return operated such a hospital facility. • Any investment of proceeds properly characterized as replacement proceeds as defined in Regulations section Line 20b. If the organization operated one or more hospital 1.148-1(c). facilities at any time during the tax year, then it must attach a copy of its most recent audited financial statements. If the • Any investment of net proceeds relating to a refunding escrow as defined in Regulations section 1.148-1(b). organization was included in consolidated audited financial Temporary period exceptions are described in section 148(c) statements but not separate audited financial statements for the and Regulations section 1.148-2(e). For example, there is a tax year, then it must attach a copy of the consolidated financial 3-year temporary period applicable to proceeds spent on statements, including details of consolidation (whether or not expenditures for capital projects and a 13-month temporary audited). period applicable to proceeds spent on working capital Line 21. Answer “Yes” if the organization reported on Part IX, expenditures. line 1, column (A), more than $5,000 of grants and other Line 24c. For purposes of line 24c, the organization is treated assistance to any domestic organization, or to any domestic as maintaining an escrow account if such account is maintained government. For instance, answer “No” if the organization made by a trustee for tax-exempt bonds issued for the benefit of the a $4,000 grant to each of two domestic organizations and no organization. other grants. Don't report grants or other assistance provided to Line 24d. Answer “Yes” if the organization has received a domestic organizations or domestic governments for the letter ruling that its obligations were issued on behalf of a state or purpose of providing grants or other assistance to designated local governmental unit; meets the conditions for issuing foreign organizations or foreign individuals. tax-exempt bonds as set forth in Rev. Rul. 63-20, 1963-1 C.B. Section 501(c)(21) trusts. Use Schedule I (Form 990) to 24 (see Rev. Proc. 82-26, 1982-1 C.B. 476); or is a constituted report amounts over $5,000 paid by the trust (1) to the Federal authority organized by a state or local governmental unit to issue Black Lung Disability Trust Fund pursuant to section 3(b)(3) of tax-exempt bonds in order to further public purposes (see Rev. Public Law 95-227, or (2) for insurance exclusively covering Rul. 57-187, 1957-1 C.B. 65). Also answer “Yes” if the liabilities under sections 501(c)(21)(A)(i)(I) and 501(c)(21)(A)(i) organization has outstanding qualified scholarship funding (IV). For details, see Regulations section 1.501(c)(21)-1(d). bonds under section 150(d) or bonds of a qualified volunteer fire Line 22. Answer “Yes” if the organization reported on Part IX, department under section 150(e). line 2, column (A), more than $5,000 of aggregate grants and Lines 25a–25b. Complete lines 25a and 25b only if the other assistance to or for domestic individuals. Don't report organization is a section 501(c)(3), 501(c)(4), or 501(c)(29) grants or other assistance provided to or for domestic individuals organization. If the organization isn't described in section 501(c) for the purpose of providing grants or other assistance to (3), 501(c)(4), or 501(c)(29), skip lines 25a and 25b and leave designated foreign organizations or foreign individuals. them blank. On line 25b, answer “Yes” if the organization Section 501(c)(21) trusts. Use Schedule I (Form 990) to became aware, prior to filing this return, that it engaged in an report amounts over $5,000 paid by the black lung trust to or for excess benefit transaction with a disqualified person in a the benefit of miners or their beneficiaries other than amounts prior year, and if the transaction hasn’t been reported on any of included on line 21. Such payments could include direct the organization’s prior Forms 990 or 990-EZ. payment of medical bills, etc., authorized by the Act and An excess benefit transaction can have serious accident and health benefits for retired miners and their spouses implications for the disqualified person that entered and dependents. TIP into the transaction with the organization, any Line 23. Answer “Yes” if the organization: organization managers that knowingly approved of the • Listed in Part VII a former officer director trustee key , , , transaction, and the organization itself. A section 501(c)(3), employee, or highest compensated employee; or 501(c)(4), or 501(c)(29) organization that becomes aware that it • Reported for any person listed in Part VII more than $150,000 may have engaged in an excess benefit transaction should of reportable compensation and other compensation. obtain competent advice regarding section 4958, pursue Also answer “Yes” if, under the circumstances described in correction of any excess benefit, and take other appropriate the instructions for Part VII, Section A, line 5, the filing steps to protect its interests with regard to such transaction and organization had knowledge that any person listed in Part VII, the potential impact it could have on the organization's continued Section A, received or accrued compensation from an exempt status. See Appendix G. Section 4958 Excess Benefit unrelated organization for services rendered to the filing Transactions, later, for a discussion of section 4958; Schedule L organization. (Form 990), Transactions With Interested Persons, Part I; and Form 4720, Schedule I, regarding reporting of excess benefit Line 24. Lines 24a–24d involve questions regarding transactions. tax-exempt bonds. All organizations must answer “Yes” or “No” on line 24a. Those organizations that answer “Yes” on line 24a Lines 26–28. Lines 26 through 28 ask questions about loans must also answer lines 24b through 24d and complete and other receivables and payables between the organization Schedule K (Form 990), Supplemental Information on and certain interested persons, and certain direct and indirect Tax-Exempt Bonds. Those that answer “No” to line 24a can skip business transactions between the organization and governance to line 25a. and management officials of the organization or their associated Line 24a. Answer “Yes” and complete Schedule K (Form businesses or family members. All organizations must answer 990) for each tax-exempt bond issued by or for the benefit of these questions. The organization should review carefully the the organization after December 31, 2002 (including refunding instructions for Schedule L (Form 990), Parts II–IV, before bonds) with an outstanding principal amount of more than answering these questions and completing Schedule L (Form $100,000 as of the last day of the organization's tax year. For 990). this purpose, bonds that have been legally defeased, and as a result are no longer treated as a liability of the organization, Line 29. The organization is required to answer “Yes” on line 29 aren't considered outstanding. if it received during the year more than $25,000 in fair market 2022 Instructions for Form 990 -13- |
Page 14 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. value (FMV) of donations, gifts, grants, or other contributions Line 37. Answer “Yes” if, at any time during the year, the of property other than cash, regardless of the manner received organization conducted more than 5% of its activities, measured (such as for use in a charity auction). Don't include by total gross revenue for the tax year or total assets of the contributions of services or use of facilities. organization at the end of its tax year, whichever is greater, Line 30. The organization is required to answer “Yes” on line 30 through an unrelated organization that is treated as a if during the year it received as a donation, gift, grant, or other partnership for federal income tax purposes, and in which the contribution: organization was a partner or member at any time during the tax • Any work of art historical treasure, , historical artifact, year. The 5% test is applied on a partnership-by-partnership scientific specimen, archaeological artifact, or similar asset, basis, although direct ownership by the organization and indirect including a fractional interest, regardless of amount or whether ownership through disregarded entities or tiered entities treated the organization maintains collections of such items; or as partnerships are aggregated for this purpose. The • Any qualified conservation contributions regardless of organization need not report on Schedule R (Form 990), Part VI, whether the contributor claimed a charitable contribution either (1) the conduct of activities through an organization deduction for such contribution. treated as a taxable or tax-exempt corporation for federal income tax purposes, or (2) unrelated partnerships that meet See the instructions for Schedule M (Form 990), Noncash both of the following conditions. Contributions, for definitions of these terms. • 95% or more of the filing organization's gross revenue from the partnership for the partnership's tax year ending with or Lines 31–32. The organization must answer “Yes” if it within the organization's tax year is described in sections 512(b) liquidated, terminated, dissolved, ceased operations, or (1), 512(b)(2), 512(b)(3), and 512(b)(5), such as interest, engaged in a significant disposition of net assets during the dividends, royalties, rents, and capital gains (including unrelated year. See the instructions for Schedule N (Form 990) for debt-financed income). definitions and explanations of these terms and transactions or • The primary purpose of the filing organization's investment in events, and a description of articles of dissolution and other the partnership is the production of income or appreciation of information that must be filed with Form 990. property and not the conduct of a section 501(c)(3) charitable Note that a significant disposition of net assets may result activity such as program-related investing. from either an expansion or contraction of operations. Line 38. Answer “Yes” if the organization completed Organizations that answer “Yes” on either of these questions must also check the box in Part I, line 2, and complete Schedule O (Form 990). Schedule N (Form 990), Part I or Part II. Schedule O (Form 990) must be completed and filed by all organizations that file Form 990. All filers must Lines 33–34. The organization is required to report on TIP provide narrative responses to certain questions (for Schedule R (Form 990) certain information regarding ownership example, Part VI, lines 11b and 19) on Schedule O (Form 990). or control of, and transactions with, its disregarded entities Certain filers must provide narrative responses to other and tax-exempt and taxable related organizations. An questions (for example, Part III, line 4d; Part V, line 3b; Part VI, organization that answers “Yes” on line 33 or 34 must enter its lines 2–7b, 9, 12c, and 15a–b, for “Yes” responses; Part VI, lines disregarded entities and related organizations on Schedule R 8a–b and 10b, for “No” responses; and Part XII, line 3b, for a (Form 990) and provide specified information regarding such “No” response). All filers can supplement their answers to other organizations. Form 990 questions on Schedule O (Form 990). Report disregarded entities on Schedule R (Form 990), Part I; related tax-exempt organizations on Part II; related organizations taxable as partnerships on Part III; and any related organizations Part V. Statements Regarding Other taxable as C or S corporations or trusts on Part IV. IRS Filings and Tax Compliance Lines 35a–35b. If an organization was a controlled entity of Check the box in the heading of Part V if Schedule O (Form 990) the filing organization under section 512(b)(13) during the tax contains any information pertaining to this part. year, the filing organization must answer “Yes” on line 35a. It See Glossary for definitions of terms used in the must answer “Yes” on line 35b and complete Schedule R (Form TIP questions in this section. 990), Part V, line 2, if it either (1) received or accrued from its controlled entity any interest, annuities, royalties, or rent, regardless of amount, during the tax year; or (2) engaged in Some questions in this part pertain to other IRS forms. another type of transaction (see Schedule R (Form 990) for a list TIP Forms are available by downloading from the IRS of transactions) with the controlled entity, if the amounts involved website at IRS.gov/OrderForms. Also see Appendix H. during the tax year for that type of transaction exceeded Forms and Publications To File or Use. $50,000. See the Glossary and the Instructions for Schedule R (Form 990). Line 1a. The organization must use Form 1096, Annual Controlled entities are a subset of related organizations. Summary and Transmittal of U.S. Information Returns, to Answer “No” to line 35a if the organization had no related transmit to the IRS paper Forms 1099, 1098, 5498, and W-2G, organizations during the tax year. If the answer to line 35a is which are information returns reporting certain amounts paid or “No,” leave line 35b blank. received by the organization. Report all such returns filed for the calendar year ending with or within the organization's tax year. If Line 36. Complete line 36 only if the organization is a section the organization transmits any of these forms electronically, add 501(c)(3) organization and engaged in a transaction over this number to the total reported. Examples of payments $50,000 during the tax year with a related organization that requiring Form 1099 reporting include certain payments to was tax exempt under a section other than section 501(c)(3). All independent contractors for services rendered. Report on this other organizations leave this line blank and go to line 37. See line Forms 1099, 1098, 5498, and W-2G filed by reporting the Instructions for Schedule R (Form 990) for more information agents of the filing organization, including common paymasters on what needs to be reported on Schedule R (Form 990), Part V, and payroll agents, for the calendar year ending with or within line 2. the organization's tax year. Enter -0- if the organization didn't file any such forms for the calendar year ending with or within its tax -14- 2022 Instructions for Form 990 |
Page 15 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. year, or if the organization is filing for a short year and no If “Yes,” electronically file FinCEN Form 114, Report of Foreign calendar year ended within its tax year. Bank and Financial Accounts (FBAR), with the Department of the Treasury using FinCEN's BSA E-Filing System. Because Line 1b. Form W-2G pertains to certain gambling winnings. FinCEN Form 114 isn't a tax form, don't file it with Form 990. Line 1c. For more information on backup withholding for See FINCEN.gov for more information. missing or incorrect names or taxpayer identification numbers, see Pub. 1281, Backup Withholding for Missing and Incorrect Line 4b. Enter the name of each foreign country in which a Name/TIN(s). If backup withholding rules didn't apply to the foreign account described on line 4a is located. Use Schedule O organization because it didn't make a reportable payment to a (Form 990) if more space is needed. vendor or provide reportable gaming (gambling) winnings to a Line 5. Answer “Yes” on line 5a if the organization was party to prize winner, then leave line 1c blank. a prohibited tax shelter transaction as described in section Line 2a. Include on this line the number of the organization's 4965(e) at any time during the organization's tax year. A employees (not the number of Forms W-2) reported on a Form prohibited tax shelter transaction is any listed transaction, within W-3, Transmittal of Wage and Tax Statements, by both the filing the meaning of section 6707A(c)(2), and any prohibited organization and reporting agents of the filing organization, reportable transaction. A prohibited reportable transaction is a including common paymasters and payroll agents, for the confidential transaction within the meaning of Regulations calendar year ending with or within the filing organization's tax section 1.6011-4(b)(3), and a transaction with contractual year. Enter -0- if the organization didn't have any employees protection within the meaning of Regulations section 1.6011-4(b) during the calendar year ending with or within its tax year, or if (4). For more information on prohibited tax shelter transactions, the organization is filing for a short year and no calendar year go to IRS.gov. ended within its tax year. An organization that files Form 990 (other than a section 527 Line 2b. If the organization reported at least one employee on political organization) and that is a party to a prohibited tax line 2a, answer whether the organization or reporting agents of shelter transaction must file Form 8886-T, Disclosure by the organization filed all required federal employment tax returns Tax-Exempt Entity Regarding Prohibited Tax Shelter (which include Form 940, Employer's Annual Federal Transaction, and may also have to file Form 4720, Return of Unemployment (FUTA) Tax Return; and Form 941, Employer's Certain Excise Taxes Under Chapters 41 and 42 of the Internal QUARTERLY Federal Tax Return) relating to such employees. Revenue Code, and pay an excise tax imposed by section 4965. For more information, see the discussion of employment taxes in For more information, see the instructions for Forms 8886-T and Pub. 557. The organization may leave line 2b blank if it didn't 4720. report any employees on line 2a. Line 6. Answer “Yes” on line 6a only if the organization has Line 3a. Check “Yes” on line 3a if the organization's total gross annual gross receipts that are normally greater than $100,000 income from all of its unrelated trades or businesses is and if it solicited contributions not deductible under section 170 $1,000 or more for the tax year. See Pub. 598, Tax on Unrelated during the tax year. Business Income of Exempt Organizations, for a description of Any fundraising solicitation (including solicitation of member unrelated business income and the Form 990-T filing dues) by or on behalf of any section 501(c) or 527 organization requirements for organizations having such income. that isn't eligible to receive contributions deductible as charitable contributions for federal income tax purposes must Neither Form 990-T nor Form 990 is a substitute for the include an explicit statement that contributions or gifts to it aren't ! other. Report on Form 990 items of income and expense deductible as charitable contributions. The statement must be in CAUTION that are also required to be reported on Form 990-T an easily recognizable format whether the solicitation is made in when the organization is required to file both forms. written or printed form, by television or radio, or by telephone. Line 3b. Answer “Yes” if the organization checked “Yes” on Failure to disclose that contributions aren't deductible could line 3a and filed Form 990-T by the time this Form 990 is filed. result in a penalty of $1,000 for each day on which a failure Check “No” if the organization answered “Yes” on line 3a but occurs. The maximum penalty for failures by any organization, hasn’t filed Form 990-T by the time this Form 990 is filed, even if during any calendar year, shall not exceed $10,000. See section the organization has applied for an extension to file Form 990-T. 6710 for details. In cases where the failure to make the If “No” on line 3b, provide an explanation on Schedule O (Form disclosure is due to intentional disregard of the law, more severe 990). penalties apply. No penalty will be imposed if the failure is due to reasonable cause. All tax-exempt organizations must pay estimated taxes All organizations that qualify under section 170(c) to receive ! for their unrelated business income if they expect contributions that are deductible as charitable contributions for CAUTION their tax liability to be $500 or more. Use Form 990-W, Estimated Tax on Unrelated Business Taxable Income for federal income tax purposes (such as domestic section 501(c) Tax-Exempt Organizations, to compute these amounts. (3) organizations other than organizations that test for public safety) should answer “No” on line 6a. Line 4a. Answer “Yes” if either (1) or (2) below applies. Line 7. Line 7 is directed only to organizations that can receive 1. At any time during the calendar year ending with or within deductible charitable contributions under section 170(c). See the organization's tax year, the organization had an interest in, Pub. 526, Charitable Contributions, for a description of such or signature or other authority over, a financial account in a organizations. All other organizations should leave lines 7a foreign country (such as a bank account, securities account, or through 7h blank and go to line 8. other financial account); and Lines 7a and 7b. If a donor makes a payment in excess of a. The combined value of all such accounts was more than $75 partly as a contribution and partly in consideration for goods $10,000 at any time during the calendar year; and or services provided by the organization, the organization must generally notify the donor of the value of goods and services b. The accounts weren't with a U.S. military banking facility provided. operated by a U.S. financial institution. Example. A donor gives a charity $100 in consideration for a 2. The organization owns more than 50% of the stock in any concert ticket valued at $40 (a quid pro quo contribution). In corporation that would answer “Yes” to item 1 above. this example, $60 would be deductible. Because the donor's 2022 Instructions for Form 990 -15- |
Page 16 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. payment exceeds $75, the organization must furnish a year. If “Yes,” complete and file Form 4720, Schedule K, to disclosure statement even though the taxpayer's deductible calculate and pay the tax. amount doesn't exceed $75. Separate payments of $75 or less Under section 4966, a taxable distribution includes a made at different times of the year for separate fundraising distribution from a donor advised fund to an individual. A events won't be aggregated for purposes of the $75 threshold. taxable distribution also includes a distribution from a donor See section 6113 and Notice 88-120, 1988-2 C.B. 454. advised fund to an estate, partnership, association, company, or TIP corporation unless: • The distribution is for a charitable purpose (for example, a Lines 7c and 7d. If the organization is required to file Form purpose described in section 170(c)(2)(B)), and 8282, Donee Information Return, to report information to the IRS • The organization exercises expenditure responsibility for the and to donors about dispositions of certain donated property distribution. made within 3 years after the donor contributed the property, it The above doesn't apply to distributions to any organization must answer “Yes” and indicate the number of Forms 8282 filed. described in section 170(b)(1)(A) (other than a disqualified Lines 7e and 7f. If, in connection with a transfer to or for the supporting organization, defined in section 4966(d)(4)), to the use of the organization, the organization directly or indirectly sponsoring organization of such donor advised fund, or to any pays premiums on any personal benefit contract, or there is an other donor advised fund. understanding or expectation that any person will directly or Line 9b. Answer “Yes” if the organization made a distribution indirectly pay such premiums, the organization must report on from a donor advised fund to a donor, donor advisor, or Form 8870, Information Return for Transfers Associated With related person during the organization's tax year. For purposes Certain Personal Benefit Contracts, the premiums it paid, and of this question, a related person is any family member of the the premiums paid by others but treated as paid by the donor or donor advisor and any 35% controlled entity (as organization. The organization must report and pay an excise defined in section 4958(f)) of the donor or donor advisor. If tax, equal to premiums paid, on Form 4720. A personal benefit “Yes,” complete and file Form 4720, Schedule L (Form 990). contract is generally any life insurance, annuity, or endowment If an organization makes a distribution from a contract that benefits, directly or indirectly, the transferor, a ! donor advised fund resulting from the advice of a member of the transferor's family, or any other person CAUTION donor, donor advisor, family member, or 35% designated by the transferor (other than an organization controlled entity of any of these persons, which described in section 170(c)). distribution directly or indirectly provides a more than Line 7g. Form 8899, Notice of Income From Donated incidental benefit to one of such persons, section 4967 Intellectual Property, must be filed by certain organizations that imposes a tax on (1) the person upon whose advice the received a charitable gift of qualified intellectual property that distribution was made, (2) the beneficiary of the produces net income. The organization should check “Yes” if it distribution, and (3) the fund manager for knowingly provided all required Forms 8899 for the year for net income agreeing to make the distribution. The persons liable for produced by donated qualified intellectual property. Qualified the section 4967 tax must file Form 4720 to pay the tax. No intellectual property is any patent, copyright (other than certain section 4967 tax will be imposed on a distribution if a tax self-created copyrights), trademark, trade name, trade secret, has been imposed for the distribution under section 4958. know-how, software (other than certain “canned” or “off-the-shelf” software or self-created software), or similar If an organization makes a distribution from a donor property, or applications or registrations of such property. If the advised fund to a donor, donor advisor, family member, or organization didn't receive a contribution of qualified intellectual 35% controlled entity of these persons, then the property, leave line 7g blank. transaction might be a section 4958 transaction. Such Line 7h. A donor of (1) a motor vehicle for use on public transactions include any grant, loan, compensation, or roads, (2) a boat, or (3) an airplane can't claim a charitable other similar payment to these persons, as well as any contribution deduction in excess of $500 unless the donee other payment resulting in excess benefit. organization provides the donor with a Form 1098-C, Contributions of Motor Vehicles, Boats, and Airplanes, for the Line 10. Answer lines 10a and 10b only if the organization is donation (or a written acknowledgment with the same exempt under section 501(c)(7). information). See the Instructions for Form 1098-C for more information. If the organization didn't receive a contribution of a A section 501(c)(7) organization isn't exempt from car, boat, airplane, or other vehicle, leave line 7h blank. TIP income tax if any written policy statement, including the governing instrument and bylaws, allows discrimination Line 8. A sponsoring organization of a donor advised fund on the basis of race, color, or religion. must answer “Yes” if any one of its donor advised funds had excess business holdings at any time during the organization's However, section 501(i) allows social clubs to retain their tax year. All other organizations should leave this line blank and exemption under section 501(c)(7) even though their go to line 9. If “Yes,” see the instructions for Schedule C of Form membership is limited (in writing) to members of a particular 4720 to determine whether the organization is subject to the religion if the social club: excess business holdings tax under section 4943 and is required 1. Is an auxiliary of a fraternal beneficiary society exempt to file Form 4720. under section 501(c)(8); and For purposes of the excise tax on excess business holdings 2. Limits its membership to the members of a particular under section 4943, a donor advised fund is treated as a private religion, or the membership limitation is: foundation. a. A good-faith attempt to further the teachings or principles Line 9. Line 9 is required to be completed by sponsoring of that religion, and organizations maintaining a donor advised fund. All other b. Not intended to exclude individuals of a particular race or organizations can leave this line blank and go to line 10. color. Line 9a. Answer “Yes” if the organization made any taxable distributions under section 4966 during the organization's tax Line 10a. Enter the amount of initiation fees, capital contributions, and unusual amounts of income included in Part VIII. Statement of Revenue, line 12, Total revenue, but not -16- 2022 Instructions for Form 990 |
Page 17 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. included in the definition of gross receipts for section 501(c)(7) transmission tariff; approved or accepted by the Federal Energy exemption purposes as discussed in Appendix C. However, if Regulatory Commission (FERC) or under an independent the organization is a college fraternity or sorority that charges transmission provider agreement approved or accepted by membership initiation fees but not annual dues, don't include FERC (other than income received or accrued directly or such initiation fees. indirectly from a member). Line 10b. Enter the amount of gross receipts included in 3. The provision or sale of electric energy distribution Part VIII. Statement of Revenue, line 12, Total Revenue, derived services or ancillary services, if the services are provided on a from the general public for use of the organization's facilities, that nondiscriminatory, open-access basis to distribute electric is, from persons other than members or their spouses, energy not owned by the mutual or electric cooperative dependents, or guests. company: Include the amount entered on line 10b of Form 990 on a. To end-users who are served by distribution facilities not TIP the club's Form 990-T if required to be filed. Investment owned by the company or any of its members (other than income earned by a section 501(c)(7) organization isn't income received or accrued directly or indirectly from a tax-exempt income unless set aside for the following purposes: member), or religious, charitable, scientific, literary, educational, or b. Generated by a generation facility not owned or leased by prevention of cruelty to children or animals. the company or any of its members and which is directly connected to distribution facilities owned by such company or If the combined amount of an organization's gross investment any of its members (other than income received or accrued income, and other gross income from unrelated trades or directly or indirectly from a member). businesses, is $1,000 or more for the tax year, the organization must report the investment income, and other unrelated 4. From any nuclear decommissioning transaction. business income, on Form 990-T. 5. From any asset exchange or conversion transaction. Line 11. Answer lines 11a and 11b only if the organization is For a mutual or cooperative telephone company, gross exempt under section 501(c)(12). income doesn't include amounts received or accrued either from One of the requirements that an organization must meet to another telephone company for completing long distance calls to qualify under section 501(c)(12) is that at least 85% of its gross or from or between the telephone company's members, from income consists of amounts collected from members for the sole qualified pole rentals, from the sale of display listings in a purpose of meeting losses and expenses. For purposes of directory furnished to the telephone company's members, or section 501(c)(12), the term “gross income” means gross from prepayment of a loan under section 306A, section 306B, or receipts without reduction for any cost of goods sold. section 311 of the Rural Electrification Act of 1936 (as in effect on January 1, 1987). Member income for purposes of this 85% Member Income Test is income derived directly from the members to pay for If the calculated member income percentage for a services that form the basis for tax exemption under section TIP section 501(c)(12) organization is less than 85% for the 501(c)(12), and includes payments for purchases of water, tax year, then the organization fails to qualify for electricity, and telephone service. Member income doesn't tax-exempt status for that year, and it must file Form 1120, U.S. include interest income, gains from asset or security sales, or Corporation Income Tax Return, in lieu of Form 990 or 990-EZ dividends from another cooperative (unless that cooperative is for the year. However, failing the 85% Member Income Test in also a member). one year doesn't cause permanent loss of tax-exempt status Members are those individuals or entities that have the right under section 501(c)(12). So long as the organization's member to elect the governing board of the organization, are involved in income percentage is equal to or greater than 85% in any the operations of the organization, and receive a share of its subsequent tax year, the organization may file Form 990 or excess operating revenues. 990-EZ for that year, even if Form 1120 was filed in a prior year. When calculating the member income percentage to Line 12. All organizations that aren't section 4947(a)(1) trusts determine whether an organization meets the 85% Member are to leave line 12 blank. Income Test, the organization may exclude specific sources of income from both the numerator and the denominator of the If a section 4947(a)(1) nonexempt charitable trust has no fraction. For example, if an organization is a corporation and it taxable income under subtitle A, its filing of Form 990 can be receives an amount that qualifies as a contribution to capital used to meet its income tax return filing requirement under under section 118, then that amount isn't included in either the section 6012. Such a trust must, if it answers “Yes” on line 12a, numerator or the denominator because it isn't considered to be report its tax-exempt interest received or accrued (if reporting income for tax purposes. However, the payment must meet the under the accrual method) during the tax year on line 12b. following conditions (see Rev. Rul. 93-16, 1993-1 C.B. 26) to Section 4947(a)(1) trusts must complete all sections of the qualify as a contribution to capital. Form 990 and schedules that section 501(c)(3) organizations • It must become a permanent part of the organization’s must complete. All references to a section 501(c)(3) organization working capital. on the Form 990, schedules, and instructions shall include a • It must not be compensation for specific quantifiable services. section 4947(a)(1) trust (for instance, such a trust must complete • It must be bargained for. Schedule A (Form 990), unless expressly excepted). • It must benefit the organization commensurately with its value. • It must ordinarily be used in or contribute to the production of Line 13. Answer lines 13a, 13b, and 13c only if the organization additional income. has received a loan or grant under the Department of Health and Human Services CO-OP program. Gross income for mutual or cooperative electric companies is figured by excluding any income received or accrued from the Line 13a. If the organization is licensed to issue qualified following. health plans in more than one state, check “Yes.” If the organization is licensed to issue qualified health plans in only 1. Qualified pole rentals. one state, check “No.” In either case, report on Schedule O 2. Any provision or sale of electric energy transmission (Form 990) each state in which the organization is licensed to services or ancillary services if the services are provided on a issue qualified health plans, the dollar amount of reserves each nondiscriminatory, open-access basis under an open-access state requires the organization to maintain, and the dollar 2022 Instructions for Form 990 -17- |
Page 18 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. amount of reserves the organization maintains and reports to Line 16. Line 16 applies to private colleges and universities each state. subject to the excise tax on net investment income under section Line 13b. Report the highest dollar amount of reserves the 4968. All other organizations, including state colleges and organization is required to maintain by any of the states in which universities described in the first sentence of section 511(a)(2) the organization is licensed to issue qualified health plans. (B), are not subject to this tax, and therefore check the “No” box Line 13c. Report the highest dollar amount of reserves the on line 16, and go to Part VI. A private college or university will organization maintains on hand and reports to a state in which be subject to the excise tax on net investment income under the organization is licensed to issue qualified health plans. section 4968 only if four threshold tests are met. Line 14a. Answer “Yes” on line 14a if the organization 1. The organization must be an eligible educational received any payments during the year for indoor tanning institution as defined in section 25A(f)(2). Section 25A(f)(2) services. “Indoor tanning services” are services employing any defines “eligible educational institution” as an institution that is electronic product designed to incorporate one or more described in section 481 of the Higher Education Act of 1965 (20 ultraviolet lamps and intended for the irradiation of an individual USC 1088), as in effect on August 5, 1997, and is eligible to by ultraviolet radiation, with wavelengths in air between 200 and participate in a program under title IV of such Act (20 USCS 400 nanometers, to induce skin tanning. sections 1070 et seq.). Line 14b. If an organization received a payment for services 2. The organization must have had at least 500 for indoor tanning services during the year, it must collect from tuition-paying students, based upon a daily average student the recipient of the services a tax equal to 10% of the amount count, during the preceding tax year. paid for such service, whether paid by insurance or otherwise, 3. More than 50% of those students must have been located and remit such tax quarterly to the IRS by filing Form 720, in the United States. Quarterly Federal Excise Tax Return. If the organization filed Form 720 during the year, it should check “Yes” on line 14b. If it 4. The aggregate FMV, at the end of the preceding tax year, answers “No” on line 14b, it should explain on Schedule O (Form of the assets not used directly in carrying out the organization’s 990) why it didn't file Form 720. exempt purpose, held by the organization and related Line 15. See the instructions for Form 4720, Schedule N, to organizations, must be at least $500,000 per student. determine if you paid to any covered employee more than $1 Use the worksheet below to determine whether the million in remuneration or paid an excess parachute payment organization meets the last three threshold tests above. Save during the year. Remuneration paid to a covered employee this worksheet with the organization’s records. includes any remuneration paid by a related organization. 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 FMVof 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 of section 4942(e)(1)(A) and Regulations section students during the preceding tax year (including for purposes of 53.4942(a)-2(c)(3). To determine the FMV of the assets, use any determining the number of students at a particular location), reasonable method as long as such method is consistently used. enter the daily average number of full-time equivalent (FTE) Under these instructions, the principles of Regulations section tuition-paying students attending the institution, taking part-time 53.4942(a)-2(c)(4) will be considered to provide a reasonable tuition-paying students into account on a full-time student method. equivalent basis. Assets held for the production of income or for If worksheet line 1 is fewer than 500, the organization is not ! investment aren't considered to be used directly for subject to the section 4968 excise tax on net investment income. CAUTION charitable functions even though the income from the The organization should answer “No” on line 16. If worksheet assets is used for charitable functions. It is a factual question line 1 is 500 or more, continue to line 2. whether an asset is held for the production of income or for Worksheet line 2. Enter the number of FTE tuition-paying investment rather than used directly by the organization for students included on line 1 who were located in the United charitable purposes. For example, an office building used to States during the preceding tax year and enter it on line 2. provide offices for employees engaged in managing endowment funds for the organization isn't considered an asset used for Worksheet line 3. Divide line 2 by line 1. If 50% or less, the charitable purposes. organization is not subject to the section 4968 excise tax and the organization should answer “No” on line 16. If greater than 50%, Worksheet line 5. Calculate the FMVof the assets of related continue to line 4. organizations (as defined below) using the FMV of assets as of Worksheet line 4. Calculate the FMV of the organization’s the end of the preceding tax year that ends with or within the assets not used directly in carrying out the organization’s exempt preceding tax year of the organization. purpose as of the end of the preceding tax year. To determine Section 4968 defines “related organization” to include only: which assets are used directly in carrying out the organization’s • Organizations that control or are controlled by the educational exempt purpose, under these instructions, follow the principles institution, -18- 2022 Instructions for Form 990 |
Page 19 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Organizations that are controlled by one or more of the same speaking, the board of directors (sometimes referred to as persons who control the educational institution, “board of trustees”) of a corporation or association, or the • Supported organizations (as defined in section 509(f)(3)), and trustee or trustees of a trust (sometimes referred to as the “board • Supporting organizations described in section 509(a)(3) that of trustees”). support the educational institution during the tax year. Enter the number, as of the end of the organization's tax year, When calculating the FMVof such assets of a related of members of the governing body of the organization with organization, exclude (1) assets of any related organization to power to vote on all matters that come before the governing the extent that such assets are taken into account with respect to body (other than when a conflict of interest disqualifies the another educational institution; and (2) unless the related member from voting). If members of the governing body don't all organization is controlled by the educational institution, or unless have the same voting rights, explain material differences on the related organization is a supporting organization of the Schedule O (Form 990). educational institution, omit assets that are not intended, or are If the organization's governing body or governing documents not available, for the use or benefit of the educational institution. delegated authority to act on its behalf to an executive Worksheet line 6. Add lines 4 and 5. committee or similar committee with broad authority to act on Worksheet line 7. Divide line 6 by the daily average number behalf of the governing body, and the committee held such of FTE students. authority at any time during the organization's tax year, describe on Schedule O (Form 990) the composition of the committee, If line 7 is less than $500,000, the organization is not subject whether any of the committee's members aren't on the to the section 4968 excise tax on net investment income and the governing body, and the scope of the committee's authority. The organization should answer “No” on line 16. If line 7 is $500,000 organization need not describe on Schedule O (Form 990) or more, the organization is subject to the section 4968 excise delegations of authority that are limited in scope to particular tax on net investment income and the organization should areas or matters, such as delegations to an audit committee, answer “Yes” on line 16. investment committee, or compensation committee of the Line 17. Did the trust, or any disqualified or other person governing body. engage in any activities that would result in the imposition of an Example. A voluntary employees' beneficiary association excise tax under section 4951, 4952, or 4953? See the (VEBA) is a trust under state law. Bank B is the sole trustee of Instructions for Form 6069. If “Yes,” complete Form 6069. the trust. In completing line 1a, the VEBA will report one voting member of the governing body. Part VI. Governance, Management, Line 1b. Enter the number of independent voting members and Disclosure of the governing body as of the end of the organization's tax Check the box in the heading of Part VI if Schedule O (Form year. A member of the governing body is considered 990) contains any information pertaining to this part. All “independent” only if all four of the following circumstances organizations must complete Part VI. Use Schedule O (Form applied at all times during the organization's tax year. 990) to provide required supplemental information as described 1. The member wasn't compensated as an officer or other in this part, and to provide any additional information that the employee of the organization or of a related organization (see organization considers relevant to this part. the Instructions for Schedule R (Form 990)) except as provided Part VI requests information regarding an organization's in the religious exception discussed below. Nor was the member governing body and management, governance policies, and compensated by an unrelated organization or individual for disclosure practices. Although federal tax law generally doesn't services provided to the filing organization or to a related mandate particular management structures, operational policies, organization, if such compensation is required to be reported in or administrative practices, every organization is required to Part VII, Section A. answer each question in Part VI. For example, all organizations 2. The member didn't receive total compensation must answer lines 11a and 11b, which ask about the exceeding $10,000 during the organization's tax year (including organization's process, if any, it uses to review Form 990, even a short year, regardless of whether such compensation is though the governing body isn't required by federal tax law to reported in Part VII) from the organization and related review Form 990. organizations as an independent contractor, other than reasonable compensation for services provided in the Even though the information on policies and procedures capacity as a member of the governing body. For example, a requested in Section B generally isn't required under the Code, person who receives reasonable expense reimbursements and the IRS considers such policies and procedures to generally reasonable compensation as a director of the organization improve tax compliance. The absence of appropriate policies doesn't cease to be independent merely because she or he also and procedures can lead to opportunities for excess benefit receives payments of $7,500 from the organization for other transactions, inurement, operation for nonexempt purposes, or arrangements. other activities inconsistent with exempt status. Whether a particular policy, procedure, or practice should be adopted by an 3. Neither the member, nor any family member of the organization depends on the organization's size, type, and member, was involved in a transaction with the organization culture. Accordingly, it is important that each organization (whether directly or indirectly through affiliation with another consider the governance policies and practices that are most organization) that is required to be reported on Schedule L appropriate for that organization in assuring sound operations (Form 990) for the organization's tax year. and compliance with tax law. For more governance information 4. Neither the member, nor any family member of the relating to charities, go to IRS.gov/Charities and click on member, was involved in a transaction with a taxable or Lifecycle of an Exempt Organization. tax-exempt related organization (whether directly or indirectly through affiliation with another organization) of a type and Section A. Governing Body and Management 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 Note. The independence standard for purposes of Part VI isn't decisions on behalf of the organization and its shareholders or the same as the “absence of conflict of interest” standard for members, if applicable. The governing body is, generally 2022 Instructions for Form 990 -19- |
Page 20 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. purposes of the rebuttable presumption under Regulations position under X's bylaws, board resolutions, or state law. section 53.4958-6, which focuses on conflicts with respect to a Nevertheless, because X compensated C for non-director particular transaction. activities involving staff meetings and evaluations during the tax A member of the governing body isn't considered to lack year, C is deemed to have received compensation as an independence merely because of the following circumstances. employee—not as a governing body member—for those activities. Therefore, C isn't an independent member of the 1. The member is a donor to the organization, regardless of governing body. the amount of the contribution. Example 5. The facts are the same as in Example 3, except 2. Religious exception: The member has taken a bona fide that (1) C conducted only director and committee activities vow of poverty and either (a) receives compensation as an during the tax year; (2) C didn't conduct staff meetings and agent of a religious order or a section 501(d) religious or evaluations; and (3) X compensated C a reasonable amount for apostolic organization, but only under circumstances in which C's Board Chair services during the tax year, but didn't provide the member doesn't receive taxable income (see Rev. Rul. any other compensation to C in any other capacity. C's 77-290, 1977-2 C.B. 26; and Rev. Rul. 80-332, 1980-2 C.B. 34); independence as a Board member isn't compromised by or (b) belongs to a religious order that receives sponsorship or receiving compensation from X as a Board member (and not as payments from the organization or a related organization that an officer or employee). don't constitute taxable income to the member. Also see Examples 2 and in the instructions for Part VII, 3 3. The member receives financial benefits from the Section A, line 5, later. organization solely in the capacity of being a member of the charitable or other class served by the organization in the Reasonable effort. The organization need not engage in exercise of its exempt function, such as being a member of a more than a reasonable effort to obtain the necessary section 501(c)(6) organization, so long as the financial benefits information to determine the number of independent voting comply with the organization's terms of membership. members of its governing body and can rely on information provided by such members. For instance, the organization can Example 1. B is a voting member of the organization's board rely on information it obtains in response to a questionnaire sent of directors. B is also a partner with a profits and capital interest annually to each member of the governing body that includes the greater than 35% in a law firm, C, that charged $120,000 to the member's name and title, blank lines for the member's signature organization for legal services in a court case. The transaction and signature date, and the pertinent instructions and definitions between C and the organization must be reported on Schedule L for line 1b, to determine whether the member is or isn't (Form 990) because it is a transaction between the organization independent. and an entity of which B is a more-than-35% owner, and Line 2. Answer “Yes” if any of the organization's current because the payment to C from the organization exceeded officers directors trustees, , , or key employees, as reported $100,000 (see the instructions for Schedule L (Form 990), Part in Part VII, Section A, had a family relationship or business IV, regarding both factors). Accordingly, B isn't an independent relationship with another of the organization's current officers, member of the governing body because the $120,000 payment directors, trustees, or key employees, as reported in Part VII, must be reported on Schedule L (Form 990) as an indirect Section A, at any time during the organization's tax year. For business transaction with B. If B were an associate attorney (an each family and business relationship, identify the persons and employee) rather than a partner with a greater-than-35% describe their relationship on Schedule O (Form 990). It is interest, and not an officer, director, trustee, or owner of the law sufficient to enter “family relationship” or “business relationship” firm, the transaction wouldn't affect B's status as an independent without greater detail. member of the organization's governing body. Business relationship. Business relationships between two Example 2. D is a voting member of both the organization's persons include any of the following. governing body and the governing body of C, a related 1. One person is employed by the other in a sole organization. D's child, E, received $40,000 in taxable proprietorship or by an organization with which the other is compensation as a part-time employee of C. D isn't an associated as a trustee director officer, , , or greater-than-35% independent member of the governing body, because E owner, even if that organization is tax exempt. However, don't received compensation from C, a related organization to D, and report a person’s employment by the filing organization as a the compensation was of a type (compensation to a family business relationship. member of a member of C's governing body) and amount (over $10,000) that would be reportable on Schedule L (Form 990) if 2. One person is transacting business with the other (other the related organization, C, were required to file Schedule L than in the ordinary course of either party's business on the (Form 990). same terms as are generally offered to the public), directly or indirectly, in one or more contracts of sale, lease, license, loan, Example 3. C was Board Chair of X school during the tax performance of services, or other transaction involving transfers year. X's bylaws designate the following as officer positions: of cash or property valued in excess of $10,000 in the aggregate Board Chair, Secretary, and Treasurer. C set the agenda for during the organization's tax year. Indirect transactions are board of directors meetings, officiated board meetings, transactions with an organization with which the one person is coordinated development of board policy and procedure, was an associated as a trustee, director, officer, or greater-than-35% ex-officio member of all committees of the board, conducted owner. Such transactions don't include charitable contributions weekly staff meetings, and performed teacher and staff to tax-exempt organizations. evaluations. X compensated C during the tax year for C's services. This compensation was attributable to C's board and 3. The two persons are each a director, trustee, officer, or committee activities, and to C's non-director activities involving greater-than-10% owner in the same business or investment staff meetings and evaluations. Because X compensated C for entity (but not in the same tax-exempt organization). services as an officer/employee, C isn't an independent member Ownership is measured by stock ownership (either voting of the governing body. See Rev. Rul. 68-597 and Rev. Rul. power or value, whichever is greater) of a corporation, profits or 57-246 for a description of the distinction between director capital interest in a partnership or an LLC(whichever is greater), services and officer services. membership interest in a nonprofit organization, or beneficial Example 4. The facts are the same as in Example 3, except interest in a trust. Ownership includes indirect ownership (for that the Board Chair position wasn't designated as an officer example, ownership in an entity that has ownership in the entity -20- 2022 Instructions for Form 990 |
Page 21 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. in question); there may be ownership through multiple tiers of investment management unless the filing organization conducts entities. investment management services for others. Privileged relationship exception. For purposes of line 2, a If “Yes,” on Schedule O (Form 990), list the name(s) of the “business relationship” doesn't include a relationship between an management company or companies or other person(s) attorney and client, a medical professional (including performing management duties; describe the services they psychologist) and patient, or a priest/clergy and penitent/ provided to the organization; list any of the organization’s current communicant. or former officers, directors, trustees, key employees, and Example 1. B is an officer of the organization, and C is a highest compensated employees listed in Part VII, Section A, member of the organization's governing body. B is C's sister's who were compensated by the management company or spouse. The organization must report that B and C have a family companies or other person(s) during the calendar year ending relationship. with or within the organization's tax year; and list the amounts of reportable and other compensation they received from the Example 2. D and E are officers of the organization. D is management company or companies or other person(s) for also a partner in an accounting firm with 300 partners (with a services provided to the filing organization and related 1/300 interest in the firm's profits and capital) but isn't an officer, organizations during that year. director, or trustee of the accounting firm. D's accounting firm provides services to E in the ordinary course of the accounting Line 4. The organization must report significant changes to its firm's business, on terms generally offered to the public, and organizing or enabling document by which it was created receives $100,000 in fees during the year. The relationship (articles of incorporation, association, or organization; trust between D and E isn't a reportable business relationship, either instrument; constitution; or similar document), and to its rules because (1) it is in the ordinary course of business on terms governing its affairs commonly known as bylaws (or regulations, generally offered to the public, or (2) D doesn't hold a operating agreement, or similar document). Report significant greater-than-35% interest in the accounting firm's profits or changes that weren't reported on any prior Form 990, and that capital. were made before the end of the tax year. Don't report changes to policies described or established outside of the organizing or Example 3. F and G are trustees of the organization. F is the enabling document and bylaws (or similar documents), such as owner and CEO of an automobile dealership. G purchased a adoption of, or change to, a policy adopted by resolution of the $45,000 car from the dealership during the organization's tax governing body that doesn't entail a change to the organizing year in the ordinary course of the dealership's business, on document or bylaws. terms generally offered to the public. The relationship between F and G isn't a reportable business relationship because the Examples of significant changes to the organizing or enabling transaction was in the ordinary course of business on terms document or bylaws include changes to: generally offered to the public. • The organization's exempt purposes or mission; • The organization’s name (also see the instructions for Example 4. H and J are members of the organization's Specific Instructions, Item B, earlier); board of directors. Both are CEOs of publicly traded The number, composition, qualifications, authority, or duties • corporations and serve on each other's boards. The relationship of the governing body's voting members; between H and J is a reportable business relationship because The number, composition, qualifications, authority, or duties • each is a director or officer in the same business entity. of the organization's officers or key employees; Example 5. K is an officer of the organization, and L is on its • The role of the stockholders or membership in governance; board of directors. L is a greater-than-35% partner of a law firm • The distribution of assets upon dissolution; that charged $60,000 during the organization's tax year for legal • The provisions to amend the organizing or enabling document services provided to K that were worth $600,000 at the law firm's or bylaws; ordinary rates. Thus, the ordinary course of business exception • The quorum, voting rights, or voting approval requirements of doesn't apply. However, the relationship between K and L isn't a the governing body members or the organization's stockholders reportable business relationship because of the privileged or membership; relationship of attorney and client. • The policies or procedures contained within the organizing Reasonable effort. The organization isn't required to provide documents or bylaws regarding compensation of officers, information about a family or business relationship between two directors, trustees, or key employees, conflicts of interest, officers directors trustees, , , or key employees if it is unable whistleblowers, or document retention and destruction; and to secure the information after making a reasonable effort to • The composition or procedures contained within the obtain it. An example of a reasonable effort would be for the organizing document or bylaws of an audit committee. organization to distribute a questionnaire annually to each such Example. Organization X has a written conflicts of interest person that includes the name and title of each person reporting policy that isn't contained within the organizing document or information, blank lines for those persons' signatures and bylaws. The policy is changed by board resolution. The policy signature dates, and the pertinent instructions and definitions for change doesn't need to be reported on line 4. line 2. Examples of insignificant changes made to organizing or Line 3. Answer “Yes” if, at any time during the organization's tax enabling documents or bylaws that aren't required to be reported year, the organization used a management company or other here include changes to the organization's registered agent with person (other than persons acting in their capacities as officers, the state and to the required or permitted number or frequency of directors, trustees, or key employees) to perform any governing body or member meetings. management duties customarily performed by or under the Describe significant changes on Schedule O (Form 990), but direct supervision of officers directors trustees, , , or key don't attach a copy of the amendments or amended document to employees. Such management duties include, but aren't limited Form 990 (or recite the entire amended document verbatim), to, hiring, firing, and supervising personnel; planning or unless such amended documents reflect a change in the executing budgets or financial operations; or supervising exempt organization's name. See Specific Instructions, Item B, earlier, operations or unrelated trades or businesses of the organization. regarding attachments required in the event of a change in the Management duties don't include administrative services (such organization's name. as payroll processing) that don't involve significant managerial decision making. Management duties also don't include 2022 Instructions for Form 990 -21- |
Page 22 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An organization must report significant changes to its Line 7a. Answer “Yes” on line 7a if at any time during the TIP organizational documents on Form 990, Part VI, rather organization's tax year there were one or more persons (other than in a letter to EO Determinations. EO Determinations than the organization's governing body itself, acting in such no longer issues letters confirming the tax-exempt status of capacity) that had the right to elect or appoint one or more organizations that report significant changes to their members of the organization's governing body, whether organizational documents, though it will, on request, issue an periodically, or as vacancies arise, or otherwise. If “Yes,” affirmation letter confirming an organization's name change. The describe on Schedule O (Form 990) the class or classes of such IRS will no longer require a new exemption application from a persons and the nature of their rights. domestic section 501(c) organization that undergoes certain changes of form or place of organization described in Rev. Proc. Line 7b. Answer “Yes” on line 7b if at any time during the 2018-15, 2018-9 I.R.B. 379. organization's tax year any governance decisions of the organization were reserved to (or subject to approval by) Line 5. Answer “Yes” if the organization became aware during members, stockholders, or persons other than the governing the organization's tax year of a significant diversion of its assets, body, whether or not any such governance decisions were whether or not the diversion occurred during the year. If “Yes,” made during the tax year, such as approval of the governing explain the nature of the diversion, dollar amounts and/or other body's election or removal of members of the governing body, or property involved, corrective actions taken to address the approval of the governing body's decision to dissolve the matter, and pertinent circumstances on Schedule O (Form 990), organization. If “Yes,” describe on Schedule O (Form 990) the although the person or persons who diverted the assets class or classes of such persons, the decisions that require their shouldn't be identified by name. approval, and the nature of their voting rights. A diversion of assets includes any unauthorized conversion Line 8. Answer “Yes” on lines 8a and 8b if the organization or use of the organization's assets other than for the contemporaneously documented by any means permitted by organization's authorized purposes, including but not limited to state law every meeting held and written action taken during the embezzlement or theft. Report diversions by the organization's organization's tax year by its governing body and committees officers directors trustees employees volunteers, , , , , with authority to act on behalf of the governing body (which independent contractors, grantees (diverting grant funds), or ordinarily don't include advisory boards). Documentation any other person, even if not associated with the organization permitted by state law can include approved minutes, email, or other than by the diversion. A diversion of assets doesn't include similar writings that explain the action taken, when it was taken, an authorized transfer of assets for FMV consideration, such as and who made the decision. For this purpose, contemporaneous to a joint venture or for-profit subsidiary in exchange for an means by the later of (1) the next meeting of the governing body interest in the joint venture or subsidiary. For this purpose, a or committee (such as approving the minutes of the prior diversion is considered significant if the gross value of all meeting), or (2) 60 days after the date of the meeting or written diversions (not taking into account restitution, insurance, or action. If the answer to either line 8a or 8b is “No,” explain on similar recoveries) discovered during the organization's tax year Schedule O (Form 990) the organization's practices or policies, if exceeds the lesser of (1) 5% of the organization's gross receipts any, regarding documentation of meetings and written actions of for its tax year, (2) 5% of the organization's total assets as of the its governing body and committees with authority to act on its end of its tax year, or (3) $250,000. behalf. If the organization had no committees, answer “No” to line 8b. Note. A diversion of assets can in some cases be inurement of the organization's net earnings. In the case of section 501(c)(3), Line 9. The IRS needs a current mailing address to contact the 501(c)(4), and 501(c)(29) organizations, it can also be an organization's officers, directors, trustees, or key excess benefit transaction taxable under section 4958 and employees. The organization can use its official mailing reportable on Schedule L (Form 990). address stated on the first page of Form 990 as the mailing address for such persons. Otherwise, enter on Schedule O Line 6. Answer “Yes” if the organization is organized as a stock (Form 990) the mailing addresses for such persons who are to corporation, a joint-stock company, a partnership, a joint be contacted at a different address. Such information will be venture, or an LLC. Also answer “Yes” if the organization is available to the public. organized as a non-stock, nonprofit, or not-for-profit corporation or association with members. For purposes of Form 990, Part VI, member means (without regard to what a person, including a Section B. Policies corporation or other legal entity, is called in the governing Answer “Yes” to any question in this section that asks whether documents) any person who, pursuant to a provision of the the organization had a particular policy or practice only if the organization's governing documents or applicable state law, has organization's governing body (or a committee of the governing the right to participate in the organization's governance or to body, if the governing body delegated authority to that receive distributions of income or assets from the organization. committee to adopt the policy) adopted the policy by the end of Members don't include governing body members. For purposes its tax year, and if the policy applied to the organization as a of Part VI, a membership organization includes members with whole. If the policy applied only on a division-wide or the following kinds of rights. department-wide level, answer “No.” The organization may 1. The members elect the members of the governing body explain the scope of such policy on Schedule O (Form 990). (but not if the persons on the governing body are the organization's only members) or their delegates. Line 10a. Answer “Yes” if the organization had during its tax year any local chapters, local branches, local lodges, or other 2. The members approve significant decisions of the similar local units or affiliates over which the organization had governing body. the legal authority to exercise direct or indirect supervision and 3. The members can receive a share of the organization's control (whether or not in a group exemption) and local units profits or excess dues or a share of the organization's net assets that aren't separate legal entities under state law over which the upon the organization's dissolution. organization had such authority. An affiliate or unit is considered Describe on Schedule O (Form 990) the classes of members or “local” for this purpose if it is responsible for a smaller stockholders with the rights described above. geographical area than the filing organization is responsible for. -22- 2022 Instructions for Form 990 |
Page 23 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Thus, a regional organization would be considered local for a place. The organization must describe its Form 990 review national organization. process (or lack thereof) on Schedule O (Form 990). Example 1. X is a national organization dedicated to the Line 12a. Answer “Yes” if, as of the end of the organization's tax reform of K. X has affiliates in 15 states that conduct activities to year, the organization had a written conflict of interest policy. carry out the purposes of X at the state level. X has the authority A conflict of interest policy defines conflicts of interest, identifies to approve the annual budget of each affiliate. X must answer the classes of individuals within the organization covered by the “Yes” on line 10a. policy, facilitates disclosure of information that can help identify Example 2. Y is a section 170(b)(1)(A)(iii) hospital located in conflicts of interest, and specifies procedures to be followed in M City. Y appoints a majority of the board of directors of Z, a managing conflicts of interest. A conflict of interest arises when a section 509(a)(3) supporting organization that invests funds and person in a position of authority over an organization, such as an makes grants for the benefit of Y. Although Y controls Z, Z isn't a officer director, , manager, or key employee can benefit local affiliate of Y that would require Y to answer “Yes” on financially from a decision he or she could make in such line 10a. capacity, including indirect benefits such as to family members or businesses with which the person is closely associated. For Line 10b. Written policies and procedures governing the this purpose, a conflict of interest doesn't include questions activities of local chapters, branches, and affiliates to ensure involving a person's competing or respective duties to the their operations are consistent with the organization's organization and to another organization, such as by serving on tax-exempt purposes are documents used by the organization the boards of both organizations, that don't involve a material and its local units to address the policies, practices, and financial interest of, or benefit to, such person. activities of the local unit. Such policies and procedures can include policies and procedures similar to those described in Example. B is a member of the governing body of X Charity lines 11–16 of this section, whether separate or included as and of Y Charity, both of which are section 501(c)(3) public required provisions in the chapter's articles of organization or charities with different charitable purposes. X Charity has taken bylaws, a manual provided to chapters, a constitution, or similar a public stand in opposition to a specific legislative proposal. At documents. If “No,” explain on Schedule O (Form 990) how the an upcoming board meeting, Y Charity will consider whether to organization ensures that the local unit's activities are consistent publicly endorse the same specific legislative proposal. While B with the organization's tax-exempt purposes. may have a conflict of interest in this decision, the conflict doesn't involve a material financial interest of B's merely as a Note. The central organization (parent organization) named in result of Y Charity's position on the legislation. a group exemption letter is required to have general Line 12b. Answer “Yes” if the organization's officers, supervision or control over its subordinate organizations as a directors trustees, , and key employees are required to condition of the group exemption. disclose or update annually (or more frequently) information Line 11a. Answer “Yes” only if a complete copy of the regarding their interests and those of their family members that organization's final Form 990 (including all required schedules), could give rise to conflicts of interest, such as a list of family as ultimately filed with the IRS, was provided to each person members, substantial business or investment holdings, and who was a voting member of the governing body at the time other transactions or affiliations with businesses and other the Form 990 was provided, whether in paper or electronic form, organizations and those of family members. before its filing with the IRS. The organization can answer “Yes” Line 12c. If “Yes,” describe on Schedule O (Form 990) the if it emailed all of its governing body members a link to a organization's practices for monitoring proposed or ongoing password-protected website on which the entire Form 990 can transactions for conflicts of interest and dealing with potential or be viewed, and noted in the email that the Form 990 is available actual conflicts, whether discovered before or after the for review on that site. However, answer “No” if the organization transaction has occurred. The description should include an merely informed its governing body members that a copy of the explanation of which persons are covered under the policy, the Form 990 is available upon request. Answer “No” if the level at which determinations of whether a conflict exists are organization redacted or removed any information from the copy made, and the level at which actual conflicts are reviewed. Also of its final Form 990 that it provided to its governing body explain any restrictions imposed on persons with a conflict, such members before filing the form. For example, answer “No” if the as prohibiting them from participating in the governing body's organization, at the request of a donor, redacted the name and deliberations and decisions in the transaction. address of that donor from the copy of its Schedule B (Form 990), that it provided to its governing body members. Under Lines 13 and 14. A whistleblower policy encourages staff and those circumstances, the organization may explain on volunteers to come forward with credible information on illegal Schedule O (Form 990) why it answered “No” to line 11a. practices or violations of adopted policies of the organization, specifies that the organization will protect the individual from Line 11b. Describe on Schedule O (Form 990) the process, if retaliation, and identifies those staff or board members or any, by which any of the organization's officers, directors, outside parties to whom such information can be reported. A trustees, board committee members, or management reviewed document retention and destruction policy identifies the record the prepared Form 990, whether before or after it was filed with retention responsibilities of staff, volunteers, board members, the IRS, including specifics about who conducted the review, and outsiders for maintaining and documenting the storage and when they conducted it, and the extent of any such review. If no destruction of the organization's documents and records. review was or will be conducted, enter “No review was or will be conducted.” Certain federal or state laws provide protection against Example. The return preparer emails a copy of the final TIP whistleblower retaliation and prohibit destruction of version of Form 990 to each Board member before it was filed. certain documents. For instance, while the federal However, no Board member undertakes any review of the form Sarbanes-Oxley legislation generally doesn't pertain to either before or after filing. Because such a copy of the final tax-exempt organizations, it does impose criminal liability on version of the form was provided to each voting member of the tax-exempt as well as other organizations for (1) retaliation organization's governing body before it was filed, the against whistleblowers that report federal offenses, and (2) for organization can answer “Yes” even though no review took destruction of records with the intent to obstruct a federal investigation. See 18 U.S.C. sections 1513(e) and 1519. Also 2022 Instructions for Form 990 -23- |
Page 24 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. note that an organization is required to keep books and records treated as a partnership for federal income tax purposes, or as relevant to its tax exemption and its filings with the IRS. Some an association, or corporation for federal income tax purposes. states provide additional protection for whistleblowers. Disregard ventures or arrangements that meet both of the following conditions. Line 15. Answer “Yes” on line 15a if, during the tax year, the 1. 95% or more of the venture's or arrangement's income for organization (not a related organization or other third party) its tax year ending with or within the organization's tax year is used a process for determining compensation (reported on described in section 512(b)(1)–(5) (including unrelated Part II or Schedule J (Form 990), Compensation Information) of debt-financed income). the CEO, executive director, or other person who is the top management official, that included all of the following 2. The primary purpose of the organization's contribution to, elements. or investment or participation in, the venture or arrangement is the production of income or appreciation of property. • Review and approval by a governing body or compensation committee, provided that persons with a conflict of interest Answer “Yes” on line 16b if, as of the end of the organization's regarding the compensation arrangement at issue weren't tax year, the organization had both: involved. For purposes of this question, a member of the 1. Followed a written policy or procedure that required the governing body or compensation committee has a conflict of organization to negotiate, in its transactions and arrangements interest regarding a compensation arrangement if any of the with other members of the venture or arrangement, such terms following circumstances apply. and safeguards as are adequate to ensure that the 1. The member (or a family member of the member) is organization's exempt status is protected; and participating in or economically benefitting from the 2. Taken steps to safeguard the organization's exempt compensation arrangement. status for the venture or arrangement. 2. The member is in an employment relationship subject to the direction or control of any person participating in or Some examples of safeguards include the following. economically benefitting from the compensation arrangement. • Control over the venture or arrangement sufficient to ensure that the venture furthers the exempt purpose of the organization. 3. The member receives compensation or other payments • Requirements that the venture or arrangement give priority to subject to approval by any person participating in or exempt purposes over maximizing profits for the other economically benefitting from the compensation arrangement. participants. 4. The member has a material financial interest affected by • The venture or arrangement not engage in activities that the compensation arrangement. would jeopardize the organization's exemption (such as political 5. The member approves a transaction providing economic intervention or substantial lobbying for a section 501(c)(3) benefits to any person participating in the compensation organization). arrangement, who in turn has approved or will approve a • All contracts entered into with the organization be on terms transaction providing economic benefits to the member. See that are at arm's length or more favorable to the organization. Regulations section 53.4958-6(c)(1)(iii). • Use of data as to comparable compensation for similarly Section C. Disclosure qualified persons in functionally comparable positions at Line 17. List the states with which a copy of this Form 990 is similarly situated organizations. required to be filed, even if the organization hasn't yet filed Form • Contemporaneous documentation and recordkeeping for 990 with that state. Use Schedule O (Form 990) if additional deliberations and decisions regarding the compensation space is necessary. arrangement. Some states require or permit the filing of Form 990 to Answer “Yes” on line 15b if the process for determining TIP fulfill state exempt organization or charitable solicitation compensation of one or more officers or key employees other reporting requirements. than the top management official included all of the elements listed above. Line 18. Check the box for “Own website” only if the If the answer was “Yes” on line 15a or 15b, describe the organization posted an exact reproduction (other than for process on Schedule O (Form 990), identify the offices or information permitted by law to be withheld from public positions for which the process was used to establish disclosure, such as the names and addresses of contributors compensation of the persons who served in those offices or listed on Schedule B (Form 990)) of its Form 990, Form 990-T positions, and enter the year in which this process was last (for section 501(c)(3) organizations), or application for undertaken for each such person. recognition of exemption (Form 1023, 1023-EZ, 1024, or If the organization didn't compensate its CEO, executive 1024-A) on its website during its tax year. Check the box for director, or top management official during the tax year, answer “Another's website” only if the organization provided to another “No” to line 15a. If the organization didn't compensate any of its individual or organization and that other individual or other officers or key employees during the tax year, even if such organization posted on its website, an exact reproduction (other employees were compensated by a related organization, answer than for information permitted by law to be withheld from public “No” to line 15b. disclosure, such as the names and addresses of contributors listed on Schedule B (Form 990)) of any such forms during the Line 16. Answer “Yes” on line 16a if, at any time during its tax tax year. year, the organization invested in, contributed assets to, or 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 venture or similar arrangement (or a “venture or arrangement”) make publicly available upon request any of Forms 1023, means any joint ownership or contractual arrangement through 1023-EZ, 1024, 1024-A, 990, or 990-T that are subject to public which there is an agreement to jointly undertake a specific inspection requirements. Exempt organizations must make business enterprise, investment, or exempt-purpose activity available for public inspection their Form 1023, 1023-EZ, 1024, without regard to (1) whether the organization controls the or 1024-A application for recognition of exemption. Applications venture or arrangement, (2) the legal structure of the venture or filed before July 15, 1987, need not be made publicly available arrangement, or (3) whether the venture or arrangement is unless the organization had a copy on July 15, 1987. -24- 2022 Instructions for Form 990 |
Page 25 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Organizations that file Form 990 must make it publicly period (calendar vs. fiscal year) or a different accounting available for a period of 3 years from the date it is required to be method. filed (including extensions) or, if later, is actually filed. Organizations aren't required to make publicly available the Form 990, Part VII, relies on definitions of reportable names and addresses of contributors (as set forth on compensation and other compensation. Reportable Schedule B (Form 990), and on Form 1023, 1023-EZ, 1024, or compensation generally refers to compensation reported in 1024-A). Section 501(c)(3) organizations that file Form 990-T box 1 or 5 (whichever amount is greater) of Form W-2, Wage are also required to make their Forms 990-T publicly available and Tax Statement; box 1 of Form 1099-NEC; and box 6 of for the corresponding 3-year period for forms filed after August Form 1099-MISC. Organizations must also report other 17, 2006 (unless the form was filed solely to request a refund of compensation in Part VII, as discussed in the instructions for telephone excise taxes). See Appendix D for more information Part VII, Section A, column (F), later. on public inspection requirements. Organizations must report compensation for both current and Line 19. Explain on Schedule O (Form 990) whether the former officers, directors, trustees, key employees, and highest organization made its governing documents (for example, compensated employees. The distinction between current and articles of incorporation, constitution, bylaws, trust instrument), former such persons is discussed below. The determination of conflict of interest policy, and financial statements (whether “former” uses a 5-year lookback period. or not audited) available to the general public during the tax Organizations must report compensation from themselves year, and if so, how it made them available to the public (for and from related organizations, which generally consist of example, posting on the organization's website, posting on parents, subsidiaries, brother/sister organizations, supporting another website, providing copies on request, inspection at an organizations, supported organizations, sponsoring office of the organization, etc.). If the organization didn't make organizations of VEBAs, and contributing employers to VEBAs. any of these documents available to the public, enter “No See the Instructions for Schedule R (Form 990) for a fuller documents available to the public.” discussion of related organizations. Federal tax law doesn't require that such documents be made publicly available unless they were included on a form that is Part VII, Section A, requires reporting of officers, directors, publicly available (such as Form 1023, 1023-EZ, 1024, or trustees, key employees, and up to five of the organization's 1024-A). highest compensated employees. Compensation from related organizations must also be taken into account in determining a Line 20. Provide the name of the person who possesses the person's compensation and reported in Part VII, Section A, organization's books and records, and the business address and columns (E) and (F). telephone number of such person (or of the organization if the books and records are kept by such person at a personal Section B requires reporting of the five highest compensated residence). If the books and records are kept at more than one independent contractors. Section B doesn't require reporting of location, provide the name, business address, and telephone compensation from related organizations. number of the person responsible for coordinating the maintenance of the books and records. The organization isn't Section A. Officers, Directors, Trustees, Key required to provide the address or telephone number of a Employees, and Highest Compensated personal residence of an individual. If provided, however, such Employees information will be available to the public. Overview. Organizations are required to enter in Part VII, Part VII. Compensation of Officers, Section A, the following officers directors trustees, , , and employees of the organization whose reportable Directors, Trustees, Key Employees, compensation from the organization and related organizations (as explained in the Glossary and the Highest Compensated Employees, Instructions for Schedule R (Form 990)) exceeded the following and Independent Contractors thresholds for the tax year. Check the box in the heading of Part VII if Schedule O (Form • Current officers, directors, and trustees (no minimum 990) contains any information pertaining to this part. compensation threshold). • Current key employees (over $150,000 of reportable Overview. Form 990, Part VII, requires the listing of the compensation). organization's current or former officers directors trustees, , , • Current five highest compensated employees other than key employees, and highest compensated employees, and officers, directors, trustees, or listed key employees (over current independent contractors, and reporting of certain $100,000 of reportable compensation). compensation information relating to such persons. • Former officers, key employees, and highest compensated All organizations are required to complete Part VII, and when employees (over $100,000 of reportable compensation, with applicable, Schedule J (Form 990), for certain persons. special rules for former highest compensated employees). Compensation must be reported for the calendar year ending • Former directors and trustees (over $10,000 of reportable with or within the organization's tax year. In some cases, compensation in the capacity as a former director or trustee). 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 organization is the sole member. See Disregarded Entities, later. “other compensation” (as explained below) from the organization To determine which persons are current or former officers, and related organizations (as explained in the Glossary and in directors, trustees, key employees, or highest compensated the 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 persons in the following order: individual trustees or directors, 2022 Instructions for Form 990 -25- |
Page 26 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. institutional trustees, officers, key employees, highest such responsibility in concert or individually, then treat all such compensated employees, and former such persons. individuals as officers. Fiscal year filers. To determine which persons are listed in Key employee. For purposes of Form 990, a current key Part VII, Section A, the organization must use the calendar year employee is an employee of the organization (other than an ending with or within the organization's fiscal year for some officer director, , or trustee) who meets all three of the (those whose compensation must exceed minimum thresholds following tests, applied in the following order. in order to be reported) and the fiscal year for others. Report 1. $150,000 Test: Receives reportable compensation officers, directors, and trustees that served at any time during from the organization and all related organizations in excess of the fiscal year as “current” officers directors, , and trustees. $150,000 for the calendar year ending with or within the Report the following persons based on reportable organization's tax year. compensation and status for the calendar year ending within the fiscal year. 2. Responsibility Test: At any time during the calendar year • Current key employees (over $150,000 of reportable ending with or within the organization's tax year: compensation from the organization and related a. Has responsibilities, powers, or influence over the organizations). organization as a whole that is similar to those of officers, • Current five highest compensated employees (over directors, or trustees; $100,000 of reportable compensation from the organization and b. Manages a discrete segment or activity of the related organizations), other than current officers, directors, organization that represents 10% or more of the activities, trustees, and key employees. assets, income, or expenses of the organization, as compared to • Former officers, key employees, and five highest the organization as a whole; or compensated employees (over $100,000 of reportable c. Has or shares authority to control or determine 10% or compensation from the organization and related organizations, more of the organization's capital expenditures, operating with special rules for former highest compensated employees). budget, or compensation for employees. • Former directors and trustees (over $10,000 of reportable compensation for services in the capacity as director or trustee 3. Top 20 Test: Is one of the 20 employees other than of the organization, from the organization and related officers, directors, and trustees who satisfy the $150,000 Test organizations). and Responsibility Test with the highest reportable compensation from the organization and related organizations Report compensation on Form 990, Part VII, for the calendar for the calendar year ending with or within the organization's tax year ending within the organization's fiscal year, including that year. of current officers, directors, and trustees, even if the fiscal year is used to determine which such persons must be listed in Part If the organization has more than 20 individuals who meet the VII. $150,000 Test and Responsibility Test, report as key Director or trustee. A director or trustee is a member of the employees only the 20 individuals who have the highest organization's governing body, but only if the member has reportable compensation from the organization and related voting rights. A director or trustee that served at any time during organizations. Note that any others, up to five, might be the organization's tax year is deemed a current director or reportable as current highest compensated employees, with trustee. Members of advisory boards that don't exercise any over $100,000 in reportable compensation. Use the calendar governance authority over the organization aren't considered year ending with or within the organization's tax year for directors or trustees. determining the organization's current key employees. An “institutional trustee” is a trustee that isn't an individual or An individual that isn't an employee of the organization (or of natural person but an organization. For instance, a bank or trust a disregarded entity of the organization) is nonetheless treated company serving as the trustee of a trust is an institutional as a key employee if she or he serves as an officer or director of trustee. a disregarded entity of the organization and otherwise meets the standards of a key employee set forth above. See Disregarded Officer. An officer is a person elected or appointed to manage Entities, later, for treatment of certain employees of a the organization's daily operations. An officer that served at any disregarded entity as key employees of the organization. time during the organization's tax year is deemed a current If an employee is a key employee of the organization for only officer. The officers of an organization are determined by a portion of the year, that person's entire compensation for the reference to its organizing document, bylaws, or resolutions of calendar year ending with or within the organization's tax year, its governing body, or as otherwise designated consistent with from both the filing organization and related organizations, state law, but, at a minimum, include those officers required by should be reported in Part VII, Section A. applicable state law. Officers can include a president, vice president, secretary, treasurer, and, in some cases, a Board Management companies and similar entities that are Chair. In addition, for purposes of Form 990, including Part VII, independent contractors shouldn't be reported as key Section A, and Schedule J (Form 990), treat as an officer the employees. The organization's top management official and following persons, regardless of their titles. top financial official are deemed officers rather than key employees. 1. Top management official. The person who has ultimate responsibility for implementing the decisions of the governing In the examples set forth below, assume the individual body or for supervising the management, administration, or involved is an employee that satisfies the $150,000 Test and operation of the organization, for example, the organization's Top 20 Test and isn't an officer director, , or trustee. president, CEO, or executive director. Example 1. T is a large section 501(c)(3) university. L is the 2. Top financial official. The person who has ultimate dean of the law school of T, which generates more than 10% of responsibility for managing the organization's finances, for the revenue of T, including contributions from alumni and example, the organization's treasurer or chief financial officer. foundations. Although L doesn't have ultimate responsibility for managing the university as a whole, L meets the Responsibility If ultimate responsibility resides with two or more individuals (for Test and is reportable as a key employee of T. example, co-presidents or co-treasurers), who can exercise Example 2. S chairs a small academic department in the College of Arts and Sciences of the same university, T, -26- 2022 Instructions for Form 990 |
Page 27 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. described above. As department chair, S supervises faculty in deferred compensation (including retirement plan benefits) and the department, approves the course curriculum, and oversees health benefits) that must be reported regardless of amount (see the operating budget for the department. The department the instructions for column (F)). The same principles apply to represents less than 10% of the university's activities, assets, items of other compensation paid or accrued by a related income, expenses, capital expenditures, operating budget, and organization (applied separately to each related organization). employee compensation. Under these facts and circumstances, The $10,000 exceptions don't apply to reporting S doesn't meet the Responsibility Test and isn't a key employee compensation on Schedule J (Form 990), Part II. of T. CAUTION! Example 3. U is a large acute-care section 501(c)(3) hospital. U employs X as a radiologist. X gives instructions to Reportable compensation. Reportable compensation staff for the radiology work X conducts, but X doesn't supervise consists of: other U employees, manage the radiology department, or have • For officers and other employees, amounts required to be or share authority to control or determine 10% or more of U's reported in box 1 or 5 of Form W-2 (whichever amount is capital expenditures, operating budget, or employee greater) (as well as in box 1 of Form 1099-NEC, and/or in box 6 compensation. Under these facts and circumstances, X doesn't of Form 1099-MISC if the officer or employee is also meet the Responsibility Test and isn't a key employee of U. compensated as an independent contractor of the filing organization or a related organization); Example 4. W is a cardiologist and head of the cardiology • For directors and individual trustees, amounts required to department of the same hospital U, described above. The be reported in box 1 of Form 1099-NEC; and/or in box 6 of Form cardiology department is a major source of patients admitted to 1099-MISC for director and other independent contractor U and consequently represents more than 10% of U's income, services to the organization or a related organization, plus as compared to U as a whole. As department head, W manages amounts required to be reported in box 1 or 5 of Form W-2 the cardiology department. Under these facts and (whichever amount is greater) if also compensated as an officer circumstances, W meets the Responsibility Test and is a key or employee of the filing organization or a related organization; employee of U. and Five highest compensated employees. The organization is • For institutional trustees, fees for services paid pursuant to required to enter its current five highest compensated a contractual agreement or statutory entitlement. While the employees whose reportable compensation combined from compensation of institutional trustees must be reported on Form the organization and related organizations is greater than 990, Part VII, it need not be reported on Schedule J (Form 990). $100,000 for the calendar year ending with or within the If the organization didn't file a Form 1099-NEC or Form organization's tax year and who aren't also current officers, 1099-MISC because the amounts paid were below the threshold directors trustees, , or key employees of the organization. reporting requirement, then include and report the amount Such individuals are the “current” five highest compensated actually paid. For a full definition of reportable compensation, employees. These can include persons who meet some but not see Glossary. all of the tests for key employee status. The organization isn't required to enter more than the top five such persons, ranked by Corporate officers are considered employees for amount of reportable compensation. Use the calendar year TIP purposes of Form W-2 reporting, unless they perform no ending with or within the organization's tax year for determining services as officers, or perform only minor services and the organization's current five highest compensated employees. neither receive nor are entitled to receive, directly or indirectly, any compensation. Corporate directors are considered Example. X is an employee of Y University and isn't an independent contractors, not employees, and director officer, director, or trustee. X's reportable compensation for the compensation, if any, is generally required to be reported on calendar year exceeds $150,000, and X meets the Form 1099-NEC. See Regulations section 31.3401(c)-1(f). Responsibility Test. X would qualify as a key employee of Y, except that 20 employees had higher reportable compensation For certain kinds of employees and for retirees, the amount in and otherwise qualify as key employees. Therefore, those 20 are box 5 of Form W-2 can be zero or less than the amount in box 1 listed as the organization's key employees. X has the highest of Form W-2. For instance, recipients of disability pay, certain reportable compensation from the organization and related members of the clergy, and religious workers who aren't subject organizations of all employees other than the 20 key employees. to social security and Medicare taxes as employees can receive X must be listed as one of the organization's five highest compensation that isn't reported in box 5. In that case, the compensated employees. amount required to be reported in box 1 of Form W-2 must be reported as reportable compensation. $10,000 exceptions for reporting compensation. Report compensation paid or accrued by the filing organization and If an officer, director, trustee, key employee, or highest related organizations. Special rules apply for reporting compensated employee of the organization is a foreign person reportable compensation and other compensation. who received U.S. source income during the calendar year ending with or within the organization's tax year from the filing All reportable compensation paid by the filing organization organization or a related organization, and if such income was must be reported. Reportable compensation paid by a related reported in box 2 of Form 1042-S, Foreign Person's U.S. Source organization isn't required to be reported unless (1) it is $10,000 Income Subject to Withholding, then treat this income as or more for the calendar year ending with or within the reportable compensation and report it in Part VII, Section A, organization's tax year (the “$10,000-per-related-organization column (D) or (E). For foreign persons for whom compensation exception”), or (2) it is paid for past services to the filing reporting on Form W-2, Form 1099-NEC, Form 1099-MISC, or organization in the person's capacity as a former director or Form 1042-S isn't required, treat as reportable compensation in trustee. column (D) or (E) the total value of the compensation paid in the A particular item of other compensation (such as listed in the form of cash or property during the calendar year ending with or compensation table, later) paid or accrued by the filing within the organization's tax year. Report other compensation organization isn't required to be reported unless (1) it is $10,000 from foreign organizations as “other compensation” in column or more for the calendar year ending with or within the (F). organization's tax year (the “$10,000-per-item exception”), or (2) it is one of the five types of compensation (generally constituting 2022 Instructions for Form 990 -27- |
Page 28 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. To determine whether an individual received more than any, paid by the disregarded entity to this individual to the $100,000 (or $150,000) in reportable compensation in the compensation, if any, paid directly by the organization to this aggregate from the filing organization (and, as discussed later, individual. Report the total aggregate amount in column (D). certain third parties such as common paymasters, payroll/ A disregarded entity must generally use the EIN of its reporting agents, and certain unrelated organizations, TIP sole member. An exception applies to employment compensation from which is considered compensation from the taxes: for wages paid to employees of a disregarded filing organization) and related organizations, add the entity, the disregarded entity must file separate employment tax following amounts. returns and use its own EIN on such returns. See Regulations • The amount reported in box 1 or 5 of Form W-2 (whichever sections 301.6109-1(h) and 301.7701-2(c)(2)(iv). amount is greater), in box 1 of Form 1099-NEC, and/or in box 6 of Form 1099-MISC, issued to the individual by the organization. Management companies. Management companies, as • Amounts reported in box 1 or 5 of Form W-2 (whichever independent contractors, are reported on Form 990, Part VII amount is greater), in box 1 of Form 1099-NEC, or in box 6 of (if at all) only in Section B. Independent Contractors, and aren't Form 1099-MISC, issued to the individual by each related reported on Schedule J (Form 990), Part II. If a current or former organization that reported $10,000 or more. officer, director, trustee, or key employee has a relationship To determine whether an individual received solely in his or with a management company that provides services to the her capacity as a former trustee or director of the organization organization, then the relationship may be reportable on more than $10,000 in reportable compensation for the calendar Schedule L (Form 990), Part IV. A key employee of a year ending with or within the organization's tax year, in the management company must be reported as a current officer of aggregate, from the organization and all related organizations the filing organization if he or she is the filing organization's top (and thus must be reported on Form 990, Part VII, and management official or top financial official or is designated Schedule J (Form 990), Part II), add the amounts reported in as an officer of the filing organization. However, that person box 1 of all Forms 1099-NEC, box 6 of all Forms 1099-MISC, doesn't qualify as a key employee of the filing organization solely and, if relevant, box 1 or 5 of all Forms W-2 (whichever amount on the basis of being a key employee of the management is greater) issued to the individual by the organization and all company. If a current or former officer, director, trustee, key related organizations for the calendar year ending with or within employee, or highest compensated employee received the organization's tax year. Report such amounts only to the compensation from a management company that provided extent that such amounts relate to the individual's past services services to the organization and was a related organization as a trustee or director of the organization, and don't disregard during the tax year, then the individual's compensation from the any payments from a related organization if below $10,000, for management company must be reported on Form 990, Part VII, such purpose. Section A, columns (E) and (F). If the management company Other compensation. Other compensation includes wasn't a related organization during the tax year, the individual’s compensation other than reportable compensation, including compensation from the management company isn't reportable in deferred compensation not currently reportable in box 1 or 5 of Part VII, Section A. Questions pertaining to management Form W-2, box 1 of Form 1099-NEC, or box 6 of Form companies also appear on Form 990, Part VI, line 3, and 1099-MISC, and certain nontaxable benefits, as discussed in Schedule H (Form 990), Part IV. detail in the instructions for Schedule J (Form 990), Part II. See Employee leasing companies and professional employer the instructions for other compensation reported in column (F), organizations. In some cases, instead of hiring a management later, which includes a table to show where and how to report company, an exempt organization “leases” one or more certain types of compensation in Part VII, Section A, and employees from another company, which may be in the Schedule J (Form 990). business of leasing employees. Alternatively, the organization may enter into an agreement with a professional employer Note. Don't report the same item of compensation in more than organization to perform some or all of the federal employment one column of Part VII, Section A, for the tax year. tax withholding, reporting, and payment functions related to Disregarded entities. Disregarded entities (such as an LLC workers performing services for the organization. The that is wholly owned by the organization and not treated as a organization should treat employees of an employee leasing separate entity for federal tax purposes) are generally treated as company, a professional employer organization (whether or not part of the organization rather than as related organizations for certified under the new Certified Professional Employer purposes of Form 990, including Part VII and Schedule J (Form Organization), or a management company as the organization's 990). A person isn't considered an officer or director of the own employees if such persons have the status of employees of organization by virtue of being an officer or director of a the filing organization under the usual common law rules disregarded entity, but he or she can qualify as a key employee applicable in determining the employer-employee relationship or or highest compensated employee of the organization. An who are treated as employees of the filing organization for officer, director, or employee of a disregarded entity is a key federal employment tax purposes under section 3121(d). See employee of the organization if she or he meets the $150,000 Pub. 1779, Independent Contractor or Employee, for more Test and Top 20 Test for the filing organization as a whole, and information. Otherwise, the compensation paid to leasing if, for the Responsibility Test, the person has responsibilities, companies and professional employer organizations should be powers, or influence over a discrete segment or activity of the treated like compensation to a management company for disregarded entity that represents at least 10% of the activities, purposes of Form 990 compensation reporting. assets, income, or expenses of the filing organization as a Compensation from common paymasters, payroll/reporting whole, or has or shares authority to control or determine the agents, and unrelated organizations or individuals (except for disregarded entity's capital expenditures, operating budget, or compensation from management companies or leasing compensation for employees that is at least 10% of the filing companies, and compensation described in Taxable organization's respective items as a whole. If an officer or organization employee exception, later) must be treated as director of a disregarded entity also serves as an officer, reportable compensation in determining whether the dollar director, trustee, or key employee of the organization, report this thresholds are met for reporting (1) current or former employees individual as an officer, director, trustee, or key employee, as as current or former key employees or highest compensated applicable, of the organization, and add the compensation, if employees; or (2) former officers, directors, or trustees, on Form -28- 2022 Instructions for Form 990 |
Page 29 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 990, Part VII, Section A. If the Form 990, Part VII, thresholds for organization during the tax year. For a former officer, director, reporting are met, then the compensation from the common trustee, key employee, or highest compensated employee, paymaster, payroll/reporting agent, or unrelated organization or check only the “Former” box and indicate the former status in the individual must be reported as compensation from the filing person's title. organization in Part VII. The compensation may also need to be “Current” officers, directors, trustees, key employees, reported on Schedule J (Form 990), Part II (see the instructions and highest compensated employees. A “current” officer, for Form 990, Part VII, Section A, line 5). director, or trustee is a person that was an officer, director, or The use of a leasing company, common paymaster, trustee at any time during the organization's tax year. A “current” key employee or highest compensated employee is a ! payroll/reporting agent, or other payroll service provider person who was an employee at any time during the calendar CAUTION doesn't relieve an employer of its obligation for employment tax liabilities. The IRS strongly suggests that the year ending with or within the organization's tax year, and was a organization doesn't change its address to that of its payroll key employee or highest compensated employee for such service provider or other third-party payer. Doing so could limit calendar year. the organization’s ability to stay informed of tax matters, If the organization files Form 990 based on a fiscal year, use because the IRS sends correspondence regarding problems the fiscal year to determine the organization's “current” officers, with an employer's account to the employer's address of record. directors, and trustees. Whether or not the organization files Alternatively, an employer may grant permission for a third-party Form 990 based on a fiscal year, use the calendar year ending payer to receive copies of IRS correspondence by using Form with or within the organization's tax year to determine the 8822-B; Form 2848, Power of Attorney and Declaration of organization's “current” key employees and five highest Representative; or Form 8655, Reporting Agent Authorization, compensated employees. as appropriate. Don't check the “Former” box if the person was a current officer, director, or trustee at any time during the organization's Compensation from unrelated organizations or individuals. tax year, or a current key employee or among the five highest If a current or former officer, director, trustee, key employee, compensated employees for the calendar year ending with or or highest compensated employee received or accrued within the organization's tax year. A current employee (other compensation or payments from an unrelated organization than a current officer, director, trustee, key employee, or highest (other than from management companies or leasing compensated employee) can be reported on Form 990, Part VII, companies, as discussed above) or an individual for services and Schedule J (Form 990), Part II, as (1) a former director or rendered to the filing organization in that person's capacity as an trustee because she or he served as a director or trustee within officer, director, trustee, or employee of the filing organization, the last 5 years, and received more than $10,000 in reportable then the filing organization must report (subject to the Taxable compensation for the calendar year ending with or within the organization employee exception next) such amounts as organization’s tax year in his or her capacity as a former director compensation from the filing organization if it has knowledge of or trustee; or (2) a former officer or key employee (but not as a the arrangement, whether or not the unrelated organization or former highest compensated employee) because he or she the individual treats the amounts as compensation, grants, served as an officer or key employee within the last 5 years and contributions, or otherwise. Report such compensation from received more than $100,000 of reportable compensation for the unrelated organizations in Section A, columns (D) and (F), as calendar year ending with or within the organization’s tax year. In appropriate. If the organization can't distinguish between such a case, indicate the individual's former position in his or her reportable compensation and other compensation from the title (for example, “former president”). unrelated organization, report all such compensation in column “Former” officers, directors, trustees, key employees, (D). and highest compensated employees. Check the “Former” Taxable organization employee exception. Don't report as box for former officers, directors, trustees, and key employees compensation any payments from an unrelated taxable only if both conditions below apply. organization that employs the individual and continues to pay the • The organization reported (or should have reported, applying individual's regular compensation while the individual provides the instructions in effect for such years) an individual on any of services without charge to the filing organization, but only if the the organization's Forms 990, 990-EZ, or 990-PF for any one or unrelated organization doesn't treat the payments as a charitable more of the 5 prior years in one or more of the following contribution to the filing organization. capacities: officer, director, trustee, or key employee. Column (A). For each person required to be listed, enter the • The individual received reportable compensation, from the name on the top of each row and the person's title or position organization and/or related organizations, in the calendar year with the organization on the bottom of the row. If more than one ending with or within the organization's current tax year in title or position, list all. List persons in the order described under excess of the threshold amount ($100,000 for former officers Order of reporting, earlier. List each person on only one line. and key employees; $10,000 paid to former directors and trustees for services rendered in their former capacity as Column (B). For each person listed in column (A), estimate the directors or trustees). average hours per week devoted to the organization during the year. Entry of a specific number is required for a complete If a person was reported (or should have been reported) as answer. Enter “-0-” if applicable. Don't include statements such an officer, director, trustee, or key employee on any of the as “as needed,” “as required,” or “40+.” If the average is less organization's prior five Forms 990, 990-EZ, or 990-PF, and if than 1 hour per week, then the organization can enter a decimal the person was still employed at any time during the rounded to the nearest tenth (for example, 0.2 hours per week). organization's tax year either (1) by the organization in a lesser capacity other than as an officer, director, trustee, key employee, For each person listed in column (A), list below the dotted line or highest compensated employee; or (2) by a related an estimate of the average hours per week (if any) devoted to organization in any capacity, but not by the filing organization, related organizations. and if the person received reportable compensation that Column (C). For each person listed in column (A), check the exceeded the threshold amount described above, then check box that reflects the person's position with the organization only the “Former” box. For example, don't check both the during the tax year. Don't check more than one box, unless the “Former” and “Officer” boxes for a former president of the person was both an officer and a director/trustee of the organization who wasn't an officer of the organization during the tax year. 2022 Instructions for Form 990 -29- |
Page 30 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Whether or not the organization files Form 990 based on a amount for each person in each of columns (D) and (E). Enter fiscal year, use the calendar year ending within the “-0-” if the person received no reportable compensation. For organization's tax year to determine all “former” officers, institutional trustees that don't receive a Form 1099-NEC or directors, trustees, key employees, and five highest 1099-MISC, enter the amount that the organization would have compensated employees (because their status depends on their reported in box 1 of Form 1099-NEC or box 6 of Form reportable compensation, which is reported for the calendar 1099-MISC if the form(s) had been required. year). Reportable compensation paid to the person by a related Check the “Former” box for the former five highest organization at any time during the entire calendar year ending compensated employees only if all four conditions below apply. with or within the filing organization's tax year should be reported 1. The individual wasn't an employee of the organization at in column (E). If the related organization was related to the filing any time during the calendar year ending with or within the organization for only a portion of the tax year, then the filing organization's tax year. organization may choose to report only compensation paid or accrued by the related organization during the time it was 2. The individual was reported (or should have been actually related. If the filing organization reports compensation reported, under the instructions in effect for such years) on any on this basis, it must explain in Schedule O (Form 990) and state of the organization's Forms 990, 990-EZ, or 990-PF for one or the period during which the related organization was related. more of the 5 prior years as one of the five highest compensated $10,000-per-related-organization exception. For purposes employees. of column (E), the organization need not include payments from 3. The individual's reportable compensation exceeded a single related organization if it is less than $10,000 for the $100,000 for the calendar year ending with or within the calendar year ending with or within the organization's tax year, organization's tax year. except to the extent paid to a former director or former trustee 4. The amount of the individual's reportable compensation of the filing organization for services as a director or trustee of for such year would place him or her among the organization's the organization. For example, if an officer of the organization current five highest compensated employees if the individual received compensation of $6,000, $15,000, and $50,000 from were an employee during the calendar year ending with or within three separate related organizations for services provided to the organization's tax year. those organizations, the organization needs to report only $65,000 in column (E) for the officer. Example 1. X was reported as one of Y Charity's five highest Volunteer exception. The organization need not report in compensated employees on one of Y's Forms 990, 990-EZ, or column (E) or (F) compensation from a related organization paid 990-PF from 1 of its 5 prior tax years. During Y’s tax year, X to a volunteer officer director, , or trustee of the filing wasn't a current officer, director, trustee, key employee, or organization if the related organization is a for-profit highest compensated employee of Y. X wasn't an employee of Y organization; isn't owned or controlled, directly or indirectly, by during the calendar year ending with or within Y's tax year. the organization or one or more related tax-exempt During this calendar year, X received reportable compensation organizations; and doesn't provide management services for a in excess of $100,000 from Y for past services and would be fee to the organization. among Y's five highest compensated employees if X were a current employee. Y must report X as a former highest Bank or financial institution trustee. If the organization is a compensated employee on Y's Form 990, Part VII, Section A, for trust with a bank or financial institution trustee that is also a Y's tax year. trustee of another trust, it need not report in column (E) or (F) compensation from the other trust for services provided as the Example 2. T was reported as one of Y Charity's five highest trustee to the other trust, because the other trust isn't a related compensated employees on one of Y's Forms 990, 990-EZ, or organization (see the Glossary definition of related 990-PF from one of its 5 prior tax years. During Y’s tax year, T organization). wasn't a current officer, director, trustee, key employee, or Reasonable effort. The organization isn't required to report highest compensated employee of Y, although T was still an compensation from a related organization to a person listed on employee of Y during the calendar year ending with or within Y's Form 990, Part VII, Section A, if the organization is unable to tax year. T received reportable compensation in excess of secure the information on compensation paid by the related $100,000 from Y and related organizations for such calendar organization after making a reasonable effort to obtain it, and if year. T isn't reportable as a former highest compensated it is unable to make a reasonable estimate of such employee on Y's Form 990, Part VII, Section A, for Y’s tax year compensation. If the organization makes reasonable efforts but because T was an employee of Y during the calendar year is unable to obtain the information or provide a reasonable ending with or within Y's tax year. estimate of compensation from a related organization in column Example 3. Z was reported as one of Y Charity's key (E) or (F), then it must report the efforts undertaken on employees on Y's Form 990 filed for one of its 5 prior tax years. Schedule O (Form 990). An example of a reasonable effort is for During Y’s tax year, Z wasn't a current officer, director, trustee, the organization to distribute a questionnaire annually to each of key employee, or highest compensated employee of Y. For the its current and former officers, directors, trustees, key calendar year ending with or within Y’s tax year, Z received employees, and highest compensated employees that includes reportable compensation of $90,000 from Y as an employee the name and title of each person reporting information, blank (and no reportable compensation from related organizations). lines for those persons' signatures and signature dates, and the Because Z received less than $100,000 reportable pertinent instructions and definitions for Form 990, Part VII, compensation for the calendar year ending with or within Y’s tax Section A, columns (E) and (F). year from Y and its related organizations, Y isn't required to Short year and final returns. For a short year return in report Z as a former key employee on Y's Form 990, Part VII, which there is no calendar year that ends with or within the short Section A, for Y’s tax year. year, leave columns (D) and (E) blank, and don't report any key employees, highest compensated employees, or highest Columns (D) and (E). Enter the amounts required to be compensated independent contractors (because such reported (whether or not actually reported) in box 1 or 5 of Form persons are determined according to compensation received in W-2 (whichever is greater), box 1 of Form 1099-NEC, and/or the calendar year ending with or within the tax year for which the box 6 of Form 1099-MISC, issued to the person for the calendar return is filed), unless the return is a final return. If the return is a year ending with or within the organization's tax year. Enter an final return, report the compensation that is reportable -30- 2022 Instructions for Form 990 |
Page 31 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. compensation on Forms W-2 and 1099 for the short year, from $10,000-per-item exception. Except for the five items listed both the filing organization and related organizations, whether or above, neither the organization nor a related organization is not Forms W-2 or 1099 have been filed yet to report such required to report on Form 990, Part VII, Section A, any item of compensation. “other compensation” (as set forth in the compensation table Column (F). Other compensation generally includes beginning later) if its total value is less than $10,000 for the compensation not currently reportable in box 1 or 5 of Form W-2, calendar year ending with or within the organization's tax year. in box 1 of Form 1099-NEC, or in box 6 of Form 1099-MISC, Amounts excluded under the two separate $10,000 including nontaxable benefits other than disregarded benefits, exceptions (the $10,000-per-related-organization and as discussed under Disregarded benefits, later, and in the $10,000-per-item exceptions) are to be excluded from instructions for Schedule J (Form 990), Part II. Treat amounts compensation in determining whether an individual's total paid or accrued under a deferred compensation plan, or held reportable compensation and other compensation exceeds by a deferred compensation trust, that is established, the thresholds set forth on Form 990, Part VII, Section A, line 4. If sponsored, or maintained by the organization (or a related the individual's total compensation exceeds the relevant organization) as paid, accrued, or held directly by the threshold, then the amounts excluded under the $10,000 organization (or the related organization). Deferred exceptions are included in the individual's compensation compensation to be reported in column (F) includes reported on Schedule J (Form 990). Thus, the total amount of compensation that is earned or accrued in one year and compensation reported on Schedule J (Form 990) can be higher deferred to a future year, whether or not funded, vested, than the amount reported on Form 990, Part VII, Section A. qualified or nonqualified, or subject to a substantial risk of The $10,000-per-item exception applies separately for each forfeiture. But don't report in column (F) a deferral of item of other compensation from the organization and from each compensation that causes an amount to be deferred from the related organization. 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 1 2 Example 1. Organization X provides the following ending with or within the tax year if such compensation is compensation to its current officer: currently reported as reportable compensation. Enter an amount in column (F) for each person listed in Part $110,000 Reportable compensation (including pre-tax employee VII, Section A. (Enter “-0-” if applicable.) Report a reasonable contributions of $5,000 to a qualified defined contribution retirement plan and $2,500 to a qualified health benefit plan) estimate if actual numbers aren't readily available. 5,000 Tax-deferred employer contribution to qualified defined Other compensation paid to the person by a related contribution retirement plan organization at any time during the calendar year ending with or 5,000 Nontaxable employer contributions to health benefit plan within the filing organization's tax year should be reported in 4,000 Nontaxable dependent care assistance column (F). If the related organization was related to the filing 500 Nontaxable group life insurance premium organization for only a portion of the tax year, then the filing organization may choose to report only other compensation paid or accrued by the related organization during the time it was Organization Y, a related organization, also provides actually related. If the filing organization reports compensation compensation to the officer as follows: on this basis, it must explain on Schedule O (Form 990) and state the period during which the related organization was $21,000 Reportable compensation (including $1,000 pre-tax related. employee contribution to qualified defined contribution The following items of compensation provided by the filing retirement plan) organization and related organizations must be reported as 1,000 Tax-deferred employer contribution to qualified defined “other compensation” in column (F) in all cases regardless of the contribution retirement plan amount, to the extent they aren't included in column (D). 5,000 Nontaxable tuition assistance 1. Tax-deferred contributions by the employer to a qualified defined contribution retirement plan. 2. The annual increase or decrease in actuarial value of a The officer receives no compensation in the capacity as a qualified defined benefit plan, whether or not funded or vested. former director or trustee of X, and no unrelated organization pays the officer for services provided to X. The organization can 3. The value of health benefits provided by the employer, or disregard as other compensation (a) the $4,500 in dependent paid by the employee with pre-tax dollars, that aren't included in care and group life insurance payments from the organization reportable compensation. For this purpose, health benefits (under the $10,000-per-item exception), and (b) the $5,000 in include (1) payments of health benefit plan premiums, (2) tuition assistance from the related organization (under the medical reimbursement and flexible spending programs, and (3) $10,000-per-item exception) in determining whether the officer's the value of health coverage (rather than actual benefits paid) total reportable and other compensation from the organization provided by an employer's self-insured or self-funded and related organizations exceeds $150,000. In this case, total arrangement. Health benefits include dental, optical, drug, and reportable compensation is $131,000, and total other medical equipment benefits. They don't include disability or compensation (excluding the excludable items below $10,000) long-term care insurance premiums or allocated benefits for this is $11,000. Under these circumstances, the officer's dependent purpose. care, group life, and tuition assistance items need not be 4. Tax-deferred contributions by the employer and reported as other compensation on Form 990, Part VII, employee to a funded nonqualified defined contribution plan, Section A, column (F), and the officer's total reportable and other and deferrals under an unfunded nonqualified defined compensation ($142,000) isn't reportable on Schedule J (Form contribution plan, whether or not such plans are vested or 990). If, instead, the officer's reportable compensation from Y subject to a substantial risk of forfeiture. See the examples in the were $30,000 rather than $21,000, then the officer's total Schedule J (Form 990), Part II, instructions. 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. 2022 Instructions for Form 990 -31- |
Page 32 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. items wouldn't have to be reported as other compensation on return is a final return, report the other compensation for the Form 990, Part VII. short year from both the filing organization and related Example 2. Organization S provides health benefits to B (its organizations. CEO) under a self-insured medical reimbursement plan. The Compensation table for reporting in Part VII, Section A, or value of the plan benefits for the tax year is $10,000, which Schedule J (Form 990), Part II. The following table may be represents the estimated cost of providing coverage for the year useful in determining how and where to report items of if the employer paid a third-party insurer for similar benefits, as compensation on Form 990, Part VII, Section A, and on determined on an actuarial basis. The actual benefits paid for B Schedule J (Form 990), Part II. The list isn't comprehensive but and B's family for the year are $30,000. If the benefits aren't covers most items for most organizations. Many items of reportable compensation to B, then Organization S must report compensation may or may not be taxable or currently taxable, the $10,000 value of plan benefits as other compensation to B depending on the plan or arrangement adopted by the on Form 990, Part VII, Section A, column (F). organization and other circumstances. The list attempts to take Disregarded benefits. Disregarded benefits under Regulations into account these varying facts and circumstances. The list is section 53.4958-4(a)(4) need not be reported in column (F). merely a guideline to report amounts for those persons required Disregarded benefits generally include fringe benefits excluded to be listed. In all cases, items included in box 1 or 5 of Form from gross income under section 132. These benefits include: W-2 (whichever is greater), in box 1 of Form 1099-NEC, and/or • No-additional cost service, in box 6 of Form 1099-MISC are required to be reported on Part • Qualified employee discount, VII, Section A, and, for applicable persons, Schedule J (Form • Working condition fringe, 990), Part II, column (B). Items listed as “taxable” or “taxable in • De minimis fringe, current year” are currently includible in reportable compensation, • Qualified transportation fringe, but aren't necessarily subject to federal income tax in the current • Qualified retirement planning services, and year. • Qualified military base realignment and closure fringe. Any item listed in the following compensation table that isn't For descriptions of each of these disregarded benefits, see followed by a star (x) or asterisk (*) in any column shouldn't be the Instructions for Schedule J (Form 990). reported on Part VII, Section A; or in Schedule J (Form 990), Part II. Short year and final returns. For a short year return in which there is no calendar year that ends with or within the short year, leave column (F) blank, unless the return is a final return. If the -32- 2022 Instructions for Form 990 |
Page 33 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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) 2022 Instructions for Form 990 -33- |
Page 34 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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- 2022 Instructions for Form 990 |
Page 35 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 Line 1c. Report the subtotals of compensation from duplicate of 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 Line 2. Report the total number of individuals, both those listed this 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 2022 Instructions for Form 990 -35- |
Page 36 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 Compensation from unrelated organizations or individuals, firm. The organization doesn't provide any compensation to C for earlier. the services provided by C to the organization, and doesn't For purposes of line 5, disregard: report 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 related organization), and deferred compensation held by such law 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 organization through M that are reportable on Schedule L (Form between 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- 2022 Instructions for Form 990 |
Page 37 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Section B. Five Highest Compensated interest on state and local bonds that is excluded from tax by section 103. Independent Contractors Complete this table for the five highest compensated Column (C). In column (C), report any unrelated business independent contractors that received more than $100,000 in revenue received by the organization during the tax year from compensation for services, whether professional or other an unrelated trade or business, unless that revenue is services, from the organization. Independent contractors include reportable in Part VIII, column (D). See Pub. 598 and the organizations as well as individuals and can include professional Instructions for Form 990-T for more information. fundraisers, law firms, accounting firms, publishing companies, A section 501(c)(3) organization that is an S corporation management companies, and investment management TIP shareholder must treat all allocations of income from the companies. Don't report public utilities or insurance providers as S corporation as unrelated business income. Gain on independent contractors. See Pub. 1779, and Pub. 15-A, the disposition of stock is also treated as unrelated business Employer's Supplemental Tax Guide, for distinguishing income. See section 512(e). employees from independent contractors. Column (C). Enter the amount the organization paid, whether Column (D). In column (D), report any revenue excludable from reported in box 1 of Form 1099-NEC, in box 6 of Form unrelated business income by section 512, 513, or 514. 1099-MISC, or paid under the parties' agreement or applicable Examples of such revenue include receipts from the sale of state law, for the calendar year ending with or within the donated merchandise, interest (unless debt-financed), and organization's tax year. receipts from bingo games. For a short year return in which there is no calendar year that Neither Form 5500 nor DOL Forms LM-2 or LM-3, Labor ends with or within the short year, don't report any information in Organization Annual Report, should be substituted for the Form columns (A) through (C), unless the return is a final return. If the 990, Part VIII or IX. return is a final return, report the compensation paid to the independent contractor(s) under the parties' agreement during Line 1. In General the short year or the compensation that is reportable On lines 1a through 1f, report cash and noncash amounts compensation on Form 1099 for the short year, whether or not received as voluntary contributions, gifts, grants, or other Form 1099 has been filed yet to report such compensation. similar amounts from the general public, governmental units, Compensation includes fees and similar payments to foundations, and other exempt organizations. The general public independent contractors but not reimbursement of expenses includes individuals, corporations, trusts, estates, and other unless incidental to providing the service. However, for this entities. Voluntary contributions are payments, or the part of any purpose, the organization must report gross payments to the payment, for which the payer (donor) doesn't receive full retail independent contractor that include expenses and fees if the value (FMV) from the recipient (donee) organization. expenses aren't separately reported to the organization. Contributions are reported on line 1 regardless of whether they are deductible by the contributor. The noncash portion of Form 1099-NEC and/or Form 1099-MISC may be contributions reported on lines 1a through 1f is also reported on TIP required to be issued for payments to an independent line 1g. contractor, with compensation reported in box 1 of Form 1099-NEC and/or box 6 of Form 1099-MISC. Report gross amounts of contributions collected in the organization's name by fundraisers. Part VIII. Statement of Revenue Report all expenses of raising contributions on Part IX, Check the box in the heading of Part VIII if Schedule O (Form column (D), Fundraising expenses. The organization must enter 990) contains any information pertaining to this part. on Part IX, line 11e, fees for professional fundraising services relating to the gross amounts of contributions collected Column (A). All organizations must complete column (A), in the organization's name by professional fundraisers. reporting their gross receipts for all sources of revenue. All organizations (except section 527 political organizations) must Report on line 1 assets contributed to the organization by complete columns (B) through (D), which must add up to the another entity in the course of the entity's liquidation, dissolution, amount in column (A) for each line in Part VIII. Refer to specific or termination. instructions in this part for completing each column. Report the value of noncash contributions at the time of the If the organization enters an amount in column (A) for donation. For example, report the FMV of a donated car at the TIP lines 2a through 2e or lines 11a through 11c, it must also time the car was received as a donation. enter a corresponding business activity code from Don't net losses from uncollectible pledges from prior years, Business Activity Codes, later. If none of the listed codes, or refunds of contributions and service revenue from prior years, or other 6-digit codes listed on the NAICS website at 2022 NAICS reversal of grant expenses from prior years on line 1. Rather, Census Chart, accurately describe the activity, enter “900099.” report any such items as “Other changes in net assets or fund Use of these codes doesn't imply that the business activity is balances” on Part XI, line 9, and explain on Schedule O (Form unrelated to the organization's exempt purpose. For nonstore 990). retailers, select the PBA code by the primary product that your establishment sells. For example, establishments primarily The organization must report any contributions of selling prescription and non-prescription drugs, select PBA code conservation easements and other qualified conservation 456110 Pharmacies 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 purposes. Also report here any revenue that is excludable from grant to be paid in future years should, according to ASC 958, gross income other than by section 512, 513, or 514, such as report the grant's present value on line 1. Accruals of present 2022 Instructions for Form 990 -37- |
Page 38 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. value increments to the unpaid grant should be reported on must pay the same price as any other member of the public. line 1 in future years. They are also entitled to attend a number of rehearsals each season without charge. Under these circumstances, M's receipts Contributions don't include the following. from members are contributions reported on line 1b. • Grants, fees, or other support from governmental units, Membership dues that aren't contributions because they foundations, or other exempt organizations that represent a compare reasonably with available benefits are reported on payment for a service, facility, or product that primarily gives line 2, Program Service Revenue. some economic or physical benefit to the payer. Membership dues can consist of both contributions and • The portion of any fundraising solicitation representing payment for goods and services. In that case, the portion of the payment for goods, services, or anything else at retail value. membership dues that is a payment for goods or services should • Unreimbursed expenses of officers, employees, or be reported on line 2, Program Service Revenue. The portion volunteers. (See the explanations of charitable contributions that exceeds the FMVof the goods or services provided should and employee business expenses in Pub. 526 and Pub. 463, be reported on line 1b. respectively.) • Payments received from employers for welfare benefits under The portion of membership dues attributable to certain plans described in sections 501(c)(9), (17), and (18). Report membership benefits that are considered to be insubstantial (for these amounts on line 2, Program Service Revenue. example, low-cost articles, free or discounted admission to the • Donations of services such as the value of donated organization's activities, discounts on purchases from the advertising space, broadcast air time (including donated public organization's gift shop, free or discounted parking) may be service announcements), or discounts on services or donations reported as contributions on line 1, rather than as payments for of use of materials, equipment, or facilities, even though goods or services on line 2. See Pub. 1771, Charitable reporting donated services and facilities as items of revenue and Contributions—Substantiation and Disclosure Requirements, for expense is called for in certain circumstances by generally more information on insubstantial membership benefits that accepted accounting principles. The optional reporting of need not be valued or reported. donated services and facilities is discussed in the instructions for Line 1c. Enter the total amount of contributions received from 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 FMVof 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 1974-2 C.B. 80, explains this principle in detail. See also the 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. possessions. 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 concert series before they go on sale to the general public, but -38- 2022 Instructions for Form 990 |
Page 39 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 • Payments by a governmental unit to nursing homes to provide by 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 sities. Books and records maintained according to generally the time of their receipt, even if they were sold immediately after accepted accounting principles for hospitals, colleges, and they were received. universities are more specialized than books and records maintained according to those accounting principles for other Example. A charity receives a gift of stock from an unrelated types of organizations that file Form 990. Accordingly, donor. The stock is delivered to the charity's broker, who sells it hospitals, colleges, and universities can report, as program on the same day and remits the sales proceeds, net of service revenue on line 2, sales of inventory items otherwise commissions, to the charity. The value of the stock at the time of reportable on line 10a. In that event, enter the applicable cost of the contribution must be reported on line 1f and also on line 1g. goods sold as program service expense in column (B) of Part IX. The sale of the stock, and the related sales expenses (including No other organizations should report sales of inventory items on the amounts reported on lines 1f and 1g), must be reported on line 2. lines 7a through 7d. Common types of program service revenue. Museums and other organizations that elect not to • Medicare and Medicaid payments, and other government TIP capitalize their collections (according to ASC payments made to pay or reimburse the organization for medical 958-360-45) shouldn't report an amount on line 1g for services provided to individuals who qualify under a government works of art and other collection items donated to them. program for the services provided, and who select the service For more information on noncash contributions, see the provider. See Rev. Rul. 83-153, 1983-2 C.B. 48. instructions for Schedule M (Form 990). • Payments for medical services by patients and their guarantors. Line 1h. Enter on line 1h the total of lines 1a through 1f (but not • Fees and contracts from government agencies for a service, line 1g). facility, or product that primarily benefited the government The organization may also need to attach Schedule B agencies. TIP (Form 990) to report certain contributors and their Example 1. A payment by a governmental agency to a contributions. See the Instructions for Schedule B medical clinic to provide vaccinations to the general public is a (Form 990) for more information. contribution reported on line 1e. A payment by a governmental agency to a medical clinic to provide vaccinations to employees Line 2. On lines 2a through 2e, enter the organization's five of the agency is program service revenue reported on line 2. largest sources of program service revenue. Program services are primarily those that form the basis of an organization's Example 2. A payment by a governmental agency to an exemption from tax. For a more detailed description of program organization to provide job training and placement for disabled service revenue, refer to the instructions for Part IX, column (B). individuals is a contribution reported on line 1e. A payment by a governmental agency to the same organization to operate the On line 2f, enter the total received from all other sources of agency's internal mail delivery system is program service program service revenue not listed individually on lines 2a revenue reported on line 2. through 2e. On line 2g, enter the total of column (A), lines 2a • Income from program-related investments. Report interest, through 2f. dividends, and other revenues from those investments made 2022 Instructions for Form 990 -39- |
Page 40 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. primarily to accomplish the organization's exempt purposes exploit natural resources on the property, such as oil, natural rather than to produce income. Examples of program-related gas, or minerals. investments include student loans and notes receivable from Line 6a. Enter on line 6a the rental income received for the year other exempt organizations that borrowed the funds to pursue from investment property and any other real property rented by the filing organization's exempt function. the organization. Allocate revenue to real property and personal • Membership dues and assessments received that compare property in the spaces provided. Don't include on line 6a rental reasonably with the membership benefits provided by the income related to the filing organization's exempt function organization. Organizations described in section 501(c)(5), (6), (program service). Report such income on line 2. For example, or (7) generally provide benefits that have a reasonable an exempt organization whose exempt purpose is to provide relationship with dues. low-rental housing to persons with low income would report that Examples of membership benefits include: rental income as program service revenue on line 2. • Subscriptions to publications, Only for purposes of completing this return, the filing • Newsletters (other than one only about the organization's organization must report any rental income received from an activities), affiliated exempt organization as program service revenue on • Free or reduced-rate admissions to events sponsored by the line 2. organization, • Use of the organization's facilities, and Rental revenue can be from an activity that is related or • Discounts on articles or services that members and unrelated to the organization's exempt purpose. In general, rents nonmembers can buy. from real property are excluded in computing unrelated business income, while rental income from personal property is For each amount entered on lines 2a through 2e, the included. There are special rules when rents are received from ! organization must also enter a corresponding business personal property leased with real property (a mixed lease). In CAUTION activity code from Business Activity Codes, later. If you general, rental revenue from real property is excluded from don't see a code for the activity you are trying to categorize, unrelated business revenue when: select the appropriate code from the NAICS website at 2022 • The determination of the amount of such rents isn't based on NAICS Census Chart. Select the most specific 6-digit code income or net profits derived by any person from the property available that describes the activity producing the income. Note leased other than an amount based on a fixed percentage of the that most codes describe more than one type of activity. Avoid gross receipts or sales; using codes that describe the organization rather than the • The lease doesn't include personal services other than income-producing activity. For example, a credit union reporting customary ones such as trash removal and cleaning of public income from consumer lending activities should use code areas; 522291. Sales revenue from a museum gift shop should be • Any portion attributable to personal property is 10% or less of reported with code 459420. An organization providing credit the total rent; and counseling services should use code 541990. If none of the • The real property isn't debt-financed within the meaning of listed codes accurately describe the activity, enter “900099.” section 512, 513, or 514. (Rent from debt-financed real property Use of these codes doesn't imply that the activity is unrelated to is generally includible in unrelated business income, but there the organization's exempt purpose. can be exceptions based on use of the property. See Pub. 598.) Line 3. Enter the gross amount of interest income from savings Rent received from leased personal property is generally and temporary cash investments, dividend and interest income taxable except when leased with real property, and the rent from equity and debt securities (stocks and bonds), and attributable to the personal property doesn't exceed 10% of the amounts received from payments on securities loans, as defined total rents from all leased property. in section 512(a)(5), as well as interest from notes and loans Line 6b. Enter on line 6b the expenses paid or incurred for the receivable. Don't include unrealized gains and losses on income reported on line 6a. Include interest related to rental investments carried at FMV. Don't deduct investment property and depreciation if it is recorded in the organization's management fees from this amount, but report these fees on books and records. If the organization reported on line 2 any Part IX, line 11f. rental income reportable as program service revenue, report any Section 501(c)(21) trusts. Use line 3 to report income from rental expense allocable to such activity on the applicable lines “qualified investments” as defined in section 501(c)(21)(D)(ii) of Part IX, column (B). (public debt securities of the United States; obligations of a state or local government which are not in default as to principal or Line 6c. Subtract line 6b from line 6a for both columns (i) and interest; and time or demand deposits in a bank (as defined in (ii) and enter on line 6c. Show any loss in parentheses. section 581) or an insured credit union (within the meaning of Line 6d. Add line 6c, columns (i) and (ii), and enter on line 6d. section 101(7) of the Federal Credit Union Act, 12 U.S.C. Show any loss in parentheses. 1752(7)) located in the United States). Lines 7a through 7d. Enter on lines 7a through 7c all sales of Line 4. Enter all investment income actually or constructively securities in column (i). Use column (ii) to report sales of all received from investing the proceeds of a tax-exempt bond other types of investments (such as real estate, royalty interests, issue, which are under the control of the organization. For this or partnership interests) and all other non-inventory assets (such purpose, don't include any investment income received from as program-related investments and fixed assets used by the investing proceeds that are technically under the control of the organization in its related and unrelated activities). governmental issuer. For example, proceeds deposited into a On line 7a, for each column, enter the total gross sales price defeasance escrow that is irrevocably pledged to pay the of all such assets. Total the cost or other basis (less principal and interest (debt service) on a bond issue isn't under depreciation) and selling expenses and enter the result on the control of the organization. line 7b. On line 7c, enter the gain or loss. Show any loss in Line 5. Enter on line 5 royalties received by the organization parentheses. from licensing the ongoing use of its property to others. On lines 7a and 7c, also report capital gains dividends, the Typically, royalties are received for the use of intellectual organization's share of capital gains and losses from a joint property, such as patents and trademarks. Royalties also venture, and capital gains distributions from trusts. include payments to the owner of the property for the right to -40- 2022 Instructions for Form 990 |
Page 41 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Combine the gain or loss figures reported on line 7c, columns represents contributions rather than payment for goods or (i) and (ii), and report that total on line 7d. Show any loss in services. Treat the following as contributions. 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 reported on line 1c and the line 8a box exceeds $15,000, then home theater system with an FMVof $5,000 at the time of the organization must answer “Yes” on Part IV, line 18, and donation; sells the system for $7,500 at an auction, after having complete Schedule G (Form 990), Part II. If gaming is conducted displayed the system and its FMV (which remains $5,000) at and at a fundraising event, the income and expenses must be before auction so that its value was known to the bidders; and allocated between the gaming and the fundraising event on incurs $500 in costs related to selling the system at auction, it Form 990, Part VIII; report all income from gaming on line 9a. should 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 only contributions. FMV on donation date + $500 in • Carnivals, auction 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. Example. An organization formed to promote and preserve folk music and related cultural traditions holds an annual folk music festival featuring concerts, handcraft demonstrations, and similar activities. Because the festival directly furthers the organization's exempt purpose, income from ticket sales should be reported on line 2 as program service revenue. Fundraising events sometimes generate both contributions and income, such as when an individual pays more than the retail value for the goods or services furnished. Report in parentheses the total amount from fundraising events that 2022 Instructions for Form 990 -41- |
Page 42 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 1c (contributions from Line 10a. Enter the organization's gross income from sales of fundraising events): $0 inventory items, less returns and allowances. Sales of inventory Line 1f (all other contributions): $5,000 items reportable on line 10a are sales of items that are donated Line 1g (noncash contributions): $5,000 to the organization, that the organization makes to sell to others, Line 8a (gross income from or that it buys for resale. Sales of inventory don't, however, fundraising events): $2,500 include the sale of goods related to a fundraising event, which Line 8a parenthetical (contributions must be reported on line 8. Sales of investments on which the reported on line 1c): $0 organization expected to profit by appreciation and sale aren't Line 8b (direct expenses: $5,000 reported here. Report sales of investments on line 7. FMV on donation date + $500 in auction costs): $5,500 The organization must report the sales revenue regardless of Line 8c (net income from fundraising whether the sales activity is an exempt function of the event, line 8a minus line 8b): ($3,000) organization or an unrelated trade or business. Line 10b. Enter the cost of goods sold related to the sales of inventory. The usual items included in cost of goods sold are 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 Line 9a. Line 9a should include only gross income from organization may include as cost of donated goods their FMVsat gaming activities. It shouldn't include contributions from the time of acquisition. 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 A wagering game that doesn't meet the legal definition of 990) contains any information pertaining to this part. bingo doesn't qualify for the exclusion, regardless of its name. For example, instant bingo, in which a player buys a Use the organization's normal accounting method to pre-packaged bingo card with pull tabs that the player removes complete this section. If the organization's accounting system to determine if she or he is a winner, doesn't qualify. See Pub. doesn't allocate expenses, the organization can use any 598. reasonable method of allocation. The organization must report 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. -42- 2022 Instructions for Form 990 |
Page 43 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. State reporting requirements can be different from IRS Fundraising expenses are the expenses incurred in soliciting ! reporting requirements applicable to Part IX. cash and noncash contributions, gifts, and grants. Report as CAUTION fundraising expenses all expenses, including allocable overhead costs, incurred in (a) publicizing and conducting fundraising Column (B)—Program Services campaigns; and (b) soliciting bequests and grants from Program services are mainly those activities that further the individuals, foundations, other organizations, or governmental organization's exempt purposes. Fundraising expenses units that are reported on Part VIII, line 1. This includes shouldn't be reported as program service expenses even though expenses incurred in participating in federated fundraising one of the organization's purposes is to solicit contributions. campaigns; preparing and distributing fundraising manuals, Include lobbying expenses in this column if the lobbying is instructions, and other materials; and preparing to solicit or directly related to the organization's exempt purposes. receive contributions. Report direct expenses of fundraising Example. Foundation M, an organization exempt under events on Part VIII, line 8b, rather than in Part IX, column (D). section 501(c)(3), has the exempt purpose of improving health However, report indirect expenses of fundraising events, such care for senior citizens. Foundation M operates in State N. The as certain advertising expenses, in Part IX, column (D), rather legislature of State N is considering legislation to improve than on Part VIII, line 8b. funding of health care for senior citizens. Foundation M lobbies Example. For an employee who works on fundraising 40% state legislators in support of the legislation. Since this lobbying of the time and program management 60% of the time, an is directly related to Foundation M's exempt purpose, it would be organization must allocate that employee's salary 40% to considered an exempt function expense, and would be included fundraising and 60% to program service expenses. It can’t report under column (B). the 100% of salary as program expenses simply because the Program services can also include the organization's employee spent over 50% of his time on program management. unrelated trade or business activities. Publishing a magazine is a program service even though the magazine contains both Allocating Indirect Expenses editorials and articles that further the organization's exempt Direct costs are expenses that can be identified specifically with purpose as well as advertising, the income from which is taxable an organization's activity or project, and can be assigned to an as unrelated business income. activity or project with a high degree of accuracy. Indirect costs Also include costs to secure a grant, or contract, to conduct are costs that can't be identified specifically with an activity or research, produce an item, or perform a program service, if the project. For example, a computer bought by a university activities are conducted to meet the grantor’s or other specifically for a research project is a direct cost. In contrast, the contracting party’s specific needs. Don't report these costs as costs of software licensing for programs that run on all the fundraising expenses in column (D). Costs to solicit restricted or university's computers are indirect costs. unrestricted grants to provide services to the general public Colleges, universities, hospitals, and other organizations that should be reported in column (D). incur indirect expenses in various cost centers (such as organizational memberships, books and subscriptions, and Column (C)—Management and General regular telecommunications costs) can allocate and report such Use column (C) to report expenses that relate to the expenses in the following manner. organization's overall operations and management, rather than 1. Report the expenses of all indirect cost centers in column to fundraising activities or program services. Overall (C), lines 5 through 24. management usually includes the salaries and expenses of the 2. As a separate line item of line 24, enter “Allocation of organization's CEO and his or her staff, unless a part of their [name of indirect cost center] expenses.” time is spent directly supervising program services or fundraising activities. In that case, their salaries and expenses a. If any of the cost center's expenses are allocated to should be allocated among management, fundraising, and expenses listed in Part VIII such as the expenses attributable to program services. fundraising events and activities, enter such expenses as a negative figure in columns (A) and (C). Expenses incurred to manage investments must be reported in column (C). Lobbying expenses should be reported in this b. Allocate expenses to column (B) or (D) as positive column if they don't directly relate to the organization's exempt amounts. purposes. c. Add the amounts in columns (B) and (D) and enter the Organizations must also report the following in column (C): sum as a negative offsetting amount in column (C). Don't make costs of board of directors' meetings; committee meetings and any entries in column (A) for these offsetting entries. staff meetings (unless they involve specific program services or Example. An organization reports in column (C) $50,000 of fundraising activities); general legal services; accounting its actual management and general expenses and $100,000 of (including patient accounting and billing); general liability expenses of an indirect cost center that are allocable in part to insurance; office management; auditing, human resources, and other functions. The total of lines 5 through 24 of column (C) other centralized services; preparation, publication, and would be $150,000 before the indirect cost center allocations distribution of an annual report; and management of were made. Assume that of the $100,000 total expenses of the investments. cost center, $10,000 was allocable to fundraising; $70,000 to However, report expenses related to the production of various program services; $15,000 to management and general program-related income in column (B) and expenses related to functions; and $5,000 to special events and activities. To report the production of rental income on Part VIII, line 6b. Rental this in Part IX under this optional method: expenses incurred for the organization's office space or facilities 1. Indicate the cost center, the expenses of which are being are reported on line 16. allocated, on line 24 as “Allocation of [specify the indirect cost Don't use this column to report costs of special meetings or center] expenses”; other activities that relate to fundraising or specific program 2. Enter a decrease of $5,000 on the same line in column services. (A), Total expenses, representing the fundraising event Column (D)—Fundraising expenses that were already reported in Part VIII, line 8b; 2022 Instructions for Form 990 -43- |
Page 44 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 3. Enter $70,000 on the same line in column (B), Program voluntary grants to state or local affiliates for specific (restricted) service expenses; purposes or projects on line 1. 4. Enter $10,000 on the same line in column (D), If the organization reported on line 1 more than $5,000 of Fundraising expenses; and grants or other assistance to any domestic organization or 5. Enter a decrease of $85,000 on the same line in column to any domestic government, the organization must complete (C), Management and general expenses, to represent the Parts I and II of Schedule I (Form 990), Grants and Other allocations to functional areas other than management and Assistance to Organizations, Governments, and Individuals in general. the United States. Section 501(c)(21) trusts. Use line 1 to report amounts paid After making these allocations, the column (C), line 25, total by the trust to: functional expenses would be $65,000, consisting of the • The Federal Black Lung Disability Trust Fund pursuant to $50,000 actual management and general expense amount and section 3(b)(3) of Public Law 95-227, or the $15,000 allocation of the aggregate cost center expenses to • For insurance exclusively covering liabilities under sections management and general. 501(c)(21)(A)(i)(I) and 501(c)(21)(A)(i)(IV). For details, see Regulations section 1.501(c)(21)-1(d). The above is an example of a one-step allocation that shows how to report the allocation in Part IX. This reporting method Line 2. Enter the amount paid by the organization to domestic would actually be more useful to avoid multiple-step allocations individuals in the form of scholarships, fellowships, stipends, involving two or more cost centers. Without this optional research grants, and similar payments and distributions. reporting method, the total expenses of the first cost center Also include grants and other assistance paid to third-party would be allocated to the other functions, and might include an providers for the benefit of specified domestic individuals. For allocation of part of these expenses to another cost center. The example, a grant payment to a hospital to cover the medical expenses of the second cost center would then be allocated to expenses of a specific patient must be reported on line 2. By other functions and, perhaps, to other cost centers, and so on. comparison, a grant to the same hospital to provide services to The greater the number of these cost centers that are allocated the general public or to unspecified charity patients must be out, the more difficult it is to preserve the object classification reported on line 1. identity of the expenses of each cost center (for example, If line 2 exceeds $5,000, the organization must complete salaries, interest, supplies, etc.). Using the reporting method Parts I and III of Schedule I (Form 990). described above avoids this problem. Section 501(c)(21) trusts. Use line 2 to report amounts paid The intent of the above instructions is only to facilitate by the trust to or for the benefit of miners or their beneficiaries. ! reporting indirect expenses by both object classification Line 3. The organization must enter the total amount of grants CAUTION and function. These instructions don't authorize the and other assistance made to foreign organizations, foreign allocation to other functions of expenses that should be reported governments, and foreign individuals, and to domestic as management and general expenses. organizations or domestic individuals for the purpose of providing grants or other assistance to designated foreign Grants and Other Assistance to organizations or foreign individuals. Governments, Organizations, and If line 3 exceeds $5,000, the organization may have to complete Part II and/or Part III of Schedule F (Form 990), Individuals Statement of Activities Outside the United States. See the Organizations should report the amount of grants and other Instructions for Schedule F (Form 990) for more information. assistance on lines 1 through 3. Report expenses incurred in Line 4. Enter the payments made by the organization to provide selecting recipients or monitoring compliance with the terms of a benefits to members (such as payments made by an grant or award on lines 5 through 24. See the following organization exempt under section 501(c)(8), 501(c)(9), or instructions. 501(c)(17) to obtain insurance benefits for members, or patronage dividends paid by section 501(c)(12) organizations to Note. Organizations can report this information according to their members). Don't report on this line the cost of ASC 958 but aren't required to do so. For example, an employment-related benefits such as health insurance, life organization that follows ASC 958 and makes a grant during the insurance, or disability insurance provided by the organization to tax year to be paid in future years should report the grant's its officers, directors, trustees, key employees, and other present value on this year's Form 990 and report accruals of employees. Report such costs for officers, directors, trustees, additional value increments in future years. and key employees on Part IX, line 5; report such costs for other Line 1. Enter the amount that the organization, at its own disqualified persons on Part IX, line 6; and report such costs for discretion, paid in grants to domestic organizations and other employees on Part IX, lines 8 and 9. domestic governments. United Way and similar federated Line 5. Enter the total compensation paid to current officers, fundraising organizations should report grants to member or directors, trustees, and key employees (as defined in Part participating agencies on line 1. Organizations must report VII, earlier) for the organization's tax year. Compensation includes all forms of income and other benefits earned 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- 2022 Instructions for Form 990 |
Page 45 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. received from the filing organization, common paymasters, and employer's share of social security and Medicare taxes, the payroll/reporting agents in return for services rendered to the federal unemployment tax (FUTA), state unemployment filing organization, including compensation reported on Forms compensation taxes, and other state and local payroll taxes. W-2 and 1099, pension plan contributions and accruals, and Don't include on line 10 taxes withheld from employees' salaries other employee benefits, but doesn't include non-compensatory and paid to various governmental units such as federal, state, expense reimbursements or allowances. Report all and local income taxes and the employees' shares of social compensation amounts relating to such an individual, including security and Medicare taxes. Such withheld amounts are those related to services performed in a capacity other than as reported as compensation. an officer, director, trustee, or key employee. Line 11. Fees for services paid to nonemployees (inde- Compensation for Part IX is reported based on the pendent contractors). Enter on lines 11a through 11g TIP accounting method and tax year used by the amounts for services provided by independent contractors for organization, rather than the definitions and calendar management, legal, accounting, lobbying, professional year used to complete Part VII or Schedule J (Form 990) fundraising services, investment management, and other regarding compensation of certain officers, directors, services, respectively. Include amounts whether or not a Form trustees, and other employees. 1099 was issued to the independent contractor. Don't include on line 11 amounts paid to or earned by employees, officers, Note. To the extent the following examples discuss allocation of directors, trustees, or disqualified persons for these types of expenses in columns (B), (C), and (D), they apply only to filers services, which must be reported on lines 5 through 7. required to complete those columns. If the organization is able to distinguish between fees paid for Line 6. Section 501(c)(3), 501(c)(4), and 501(c)(29) independent contractor services and expense payments or organizations must report the total compensation and other reimbursements to the contractor(s), report the fees paid for distributions provided to disqualified persons and persons services on line 11 and the expense payments or described in section 4958(c)(3)(B) to the extent not included on reimbursements on the applicable lines in Part IX (including line 5. See Appendix G. line 24 if no other line is applicable). If the organization is unable Compensation includes all forms of income and other to distinguish between service fees and expense payments or benefits earned or received from the filing organization, common reimbursements, report all such amounts on line 11. paymasters, and payroll/reporting agents in return for services Line 11a. Management fees. Enter the total fees charged for rendered to the filing organization, including compensation management services provided by outside firms and individuals. reported on Forms W-2 and 1099, pension plan contributions and accruals, and other employee benefits, but doesn't include Line 11b. Legal fees. Enter the total legal fees charged by non-compensatory expense reimbursements or allowances. outside firms and individuals. Don't include any penalties, fines, settlements, or judgments imposed against the organization as a Line 7. Enter the total amount of employee salaries, wages, result of legal proceedings. Report those expenses on line 24. fees, bonuses, severance payments, and similar amounts paid Report any amounts for lobbying services provided by attorneys or provided from the filing organization, common paymasters, on line 11d. and payroll/reporting agents in return for services rendered to the filing organization that aren't reported on line 5 or 6. Line 11c. Accounting fees. Enter the total accounting and auditing fees charged by outside firms and individuals. Line 8. Enter the employer's share of contributions to, or accruals under, qualified and nonqualified pension and deferred Line 11d. Lobbying fees. Enter amounts for activities intended compensation plans for the year. The organization should to influence foreign, national, state, or local legislation, including include contributions made by the filing organization, common direct lobbying and grassroots lobbying. paymasters, and payroll/reporting agents to the filing Line 11e. Professional fundraising fees. Enter amounts paid organization's sections 401(k) and 403(b) pension plans on for professional fundraising services, including solicitation behalf of employees. However, it shouldn't include contributions campaigns and advice or other consulting services supporting to qualified pension, profit-sharing, and stock bonus plans under in-house fundraising campaigns. If the organization is able to section 401(a) solely for the benefit of current or former officers, distinguish between fees paid for professional fundraising directors, trustees, key employees, or disqualified persons, services and amounts paid for fundraising expenses such as which are reportable on line 5 or 6. printing, paper, envelopes, postage, mailing list rental, and Complete Form 5500 for the organization's plan and file equipment rental, then fees paid for professional fundraising TIP it as a separate return. If the organization has more than services should be reported on line 11e and amounts paid for one pension plan, complete a Form 5500 for each plan. fundraising expenses should be reported on line 24 as other File the form by the last day of the 7th month after the plan year expenses. If the organization is unable to distinguish between ends. these amounts, it should report all such fees and amounts on line 11e. Line 9. Other employee benefits. Enter contributions by the Line 11f. Investment management fees. Enter amounts for filing organization, common paymasters, and payroll/reporting investment counseling and portfolio management. Monthly agents to the filing organization's employee benefit programs account service fees are considered portfolio management (such as insurance, health, and welfare programs that aren't an expenses, and must be reported here. Don't include transaction incidental part of a pension plan included on line 8), and the cost costs such as brokerage fees and commissions, which are of other employee benefits. considered sales expenses and are included on Part VIII, For example, report expenses for employee events such as a line 7b. picnic or holiday party on line 9. Don't include contributions on Line 11g. Other fees for services. Enter amounts for other behalf of current or former officers, directors, trustees, key independent contractor services not listed on lines 11a employees, or other persons that were included on line 5 or 6. 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 2022 Instructions for Form 990 -45- |
Page 46 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. contractors are reported on line 11g. Report on line 11g for the organization's activities. However, if the organization payments to payroll agents, common paymasters, and other leases vehicles on behalf of its executives or other employees third parties for services provided by those third parties to the as part of an executive or employee compensation program the filing organization. Report on lines 5–10, as appropriate, leasing costs are considered employee compensation and are payments that reimburse third parties for compensation to the reported on lines 5 through 7. organization's officers, directors, trustees, key employees, Line 18. Payments of travel or entertainment expenses for or other employees. Report payments to contractors for any federal, state, or local public officials. Enter total information technology services on line 14, rather than on amounts for travel or entertainment expenses (including line 11g. reimbursement for such costs) for any federal, state, or local If the amount on line 11g exceeds 10% of the amount on 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 landlines) and facsimile; postage (overnight delivery, parcel the 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. through 7 and 22, respectively. For example, when a local organization gives a copy of its mailing list to the state or national organization, the expense of Line 17. Travel. Enter the total travel expenses, including preparing the copy provided can be reported on line 21, but not transportation costs (fares, mileage allowances, and automobile the expenses of preparing and maintaining the local expenses), meals and lodging, and per diem payments. Travel organization's master list. costs include the expenses of purchasing, leasing, operating, and repairing any vehicles owned by the organization and used -46- 2022 Instructions for Form 990 |
Page 47 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Voluntary awards or grants to affiliates. Don't report on All other organizations. Add lines 1 through 24e and enter the line 21 voluntary awards or grants made by the organization to total on line 25 in column (A). its state or national organizations for specified purposes. Membership dues paid to other organizations. Report Line 26. Joint costs. Organizations that included in program membership dues paid to obtain general membership benefits service expenses (column (B) of Part IX) any joint costs from a from other organizations, such as regular services, publications, combined educational campaign and fundraising solicitation and other materials, on line 24. This is the case if a charitable must disclose how the total joint costs of all such combined organization pays dues to a trade association comprised of activities were allocated in Part IX between education and otherwise unrelated members. fundraising. For instance, if the organization spent $100,000 on joint costs and allocated 10% to education, it would report Properly distinguishing between payments to affiliates $100,000 on line 26, column (A); $10,000 in column (B); and TIP and grants and allocations is especially important if the $90,000 in column (D). Any costs reported here aren't to be organization uses Form 990 for state reporting deducted from the other lines in Part IX on which they are purposes. If the organization uses Form 990 only for reporting to reported. Don't check the box unless the organization followed the IRS, payments to affiliated or national organizations that SOP 98-2 (FASB ASC 958-720) in allocating such costs. don't represent membership dues reportable as miscellaneous An organization conducts a combined educational campaign expenses on line 24 can be reported on either line 21 or line 1. and fundraising solicitation when it solicits contributions (by Line 22. Depreciation, depletion, and amortization. If the mail, telephone, broadcast media, or any other means) and organization records depreciation, depletion, amortization, or includes, with the solicitation, educational material or other similar expenses, enter the total on line 22. Include any information that furthers a bona fide non-fundraising exempt depreciation or amortization of leasehold improvements and purpose of the organization. intangible assets. An organization isn't required to use the Expenses attributable to providing information regarding the Modified Accelerated Cost Recovery System (MACRS) to organization itself, its use of past contributions, or its planned compute depreciation reported on Form 990. For an explanation use of contributions received are fundraising expenses and must of acceptable methods for computing depreciation, see Pub. be reported in column (D). Don't report such expenses as 946, How To Depreciate Property. If an amount is reported on program service expenses in column (B). this line, the organization is required to maintain books and Any method of allocating joint costs between columns (B) and records to substantiate any amount reported. (D) must be reasonable under the facts and circumstances of Line 23. Insurance. Enter total insurance expenses other than each case. Most states with reporting requirements for insurance attributable to rental property (reported on Part VIII, charitable organizations and other organizations that solicit line 6b). Don't report on this line payments made by contributions either require or allow reporting of joint costs under organizations exempt under section 501(c)(8), (9), or (17) to AICPA Statement of Position 98-2 (SOP 98-2), Accounting for obtain insurance benefits for members. Report those expenses Costs of Activities of Not-for-Profit Organizations and State and on line 4. Don't report on this line the cost of employment-related Local Governmental Entities That Include Fundraising, now benefits such as health insurance, life insurance, or disability codified in FASB Accounting Standards Codification 958-720, insurance provided by the organization to or for its officers, Not-for-Profit Entities—Other Expenses (FASB ASC 958-720). directors, trustees, key employees, and other employees. Report the costs for officers, directors, trustees, and key Part X. Balance Sheet employees on Part IX, line 5; report the costs for other Check the box in the heading of Part X if Schedule O (Form 990) disqualified persons on Part IX, line 6; and report the costs for contains any information pertaining to this part. other employees on Part IX, line 9. Report the costs for members Section 501(c)(21) trusts. Use Schedule O (Form 990) to on Part IX, line 4, not on Part IX, line 23. Don't report on this line report the FMVof the trust's assets at the beginning of the mine property or occupancy-related insurance. Report those operator's tax year within which the trust's tax year begins. expenses on line 16. All organizations must complete Part X. No substitute balance Line 24. Other expenses. Enter the types and amounts of sheet will be accepted. All references to Schedule D are to expenses which weren't reported on lines 1 through 23. Include Schedule D (Form 990). expenses for medical supplies incurred by health care/medical Column (A)—Beginning of year. In column (A), enter the organizations. Include payments by the organization to amount from the preceding year's Form 990, column (B). If the professional fundraisers of fundraising expenses such as organization was excepted from filing Form 990 for the printing, paper, envelopes, postage, mailing list rental, and preceding year, enter amounts the organization would have equipment rental, if the organization is able to distinguish these entered in column (B) for that year. If this is the organization's expense amounts from fees for professional fundraising services first year of existence, enter zeros on lines 16, 26, 32, and 33 in reportable on line 11e. Enter the four largest dollar amounts on column (A). lines 24a through 24d and the total of all remaining miscellaneous expenses on line 24e. Don't include a separate Column (B)—End of year. When Schedule D (Form 990) entry for “miscellaneous expenses,” “program expenses,” “other reporting is required for any item in Part X, it is only for the expenses,” or a similar general category on lines 24a–d. If the end-of-year balance sheet figure reported in column (B). If this is amount on line 24e exceeds 10% of the amount on line 25, the organization's final return, enter zeros on lines 16, 26, 32, column (A), the organization must list the type and amount of and 33 in column (B). each line 24e expense on Schedule O (Form 990). Line 1. Cash (non-interest-bearing). Enter the total funds that The organization must separately report the amount, if any, of the organization has in cash, including amounts held as “petty unrelated business income taxes that it paid or accrued cash” at its offices or other facilities, and amounts held in banks during the tax year on line 24. in non-interest-bearing accounts. Don't include cash balances Line 25. Total functional expenses. Section 501(c)(3) and held in an investment account with a financial institution and 501(c)(4) organizations. Add lines 1 through 24e and enter reported on lines 11 through 13. the totals on line 25 in columns (A), (B), (C), and (D). Line 2. Savings and temporary cash investments. Enter the combined total of amounts held in interest-bearing checking and 2022 Instructions for Form 990 -47- |
Page 48 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. savings accounts, deposits in transit, temporary cash Line 9. Prepaid expenses and deferred charges. Enter the investments (such as money market funds, commercial paper, amount of short-term and long-term prepayments of expenses and certificates of deposit), and U.S. Treasury bills or other attributable to one or more future accounting periods. Examples governmental obligations that mature in less than a year. Don't include prepayments of rent, insurance, or pension costs, and include cash balances held in an investment account with a expenses incurred for a solicitation campaign to be conducted in financial institution and reported on lines 11 through 13. Don't a future accounting period. include advances to employees or officers or refundable deposits paid to suppliers or other independent contractors. Line 10a. Land, buildings, equipment, and leasehold im- Report the income from these investments on Part VIII, line 3. provements. Enter the cost or other basis of all land, buildings, equipment, and leasehold improvements held at the end of the Line 3. Pledges and grants receivable, net. Enter the total of year. Include both property held for investment purposes and (a) all pledges receivable, less any amounts estimated to be property used for the organization's exempt functions. If an uncollectible, including pledges made by officers directors, , amount is reported here, answer “Yes” on Part IV, line 11a, and trustees key employees,, and highest compensated complete Schedule D (Form 990), Part VI. The amount reported employees; and (b) all grants receivable. on line 10a must equal the total of Schedule D, Part VI, columns Organizations that follow ASC 958 can report the present (a) and (b). value of the grants receivable as of each balance sheet date. Line 10b. Accumulated depreciation. Enter the total amount Line 4. Accounts receivable, net. Enter the organization's of accumulated depreciation for the assets reported on line 10a. total accounts receivable (reduced by any allowance for doubtful The amount reported on line 10b must equal the total of accounts) from the sale of goods and the performance of Schedule D (Form 990), Part VI, column (c). services. Report claims against vendors or refundable deposits Line 10c. Column (A)—Beginning of year. Enter the cost or with suppliers or others here, if not significant in amount. other basis of land, buildings, and equipment, net of any Otherwise, report them on line 15, Other assets. Report the net accumulated depreciation, as of the beginning of the year. amount of all receivables due from officers, directors, trustees, or key employees on line 5. Report receivables Line 10c. Column (B)—End of year. Enter line 10a minus (including loans and advances) due from other disqualified line 10b. The amount reported must equal the total of persons on line 6. Receivables (including loans and advances) Schedule D (Form 990), Part VI, column (d). from employees who aren't current or former officers, directors, Line 11. Investments—publicly traded securities. Enter the trustees, key employees, or disqualified persons must be total value of publicly traded securities held by the reported on line 7. organization as investments. Publicly traded securities include Lines 5 and 6. Loans and other receivables from current common and preferred stocks, bonds (including governmental and former officers, directors, trustees, key employees, obligations such as bonds and Treasury bills), and mutual fund and creator or founder, substantial contributor, or 35% shares that are listed and regularly traded in an over-the-counter controlled entity or family member of any of these persons. market or an established exchange and for which market Report on line 5 loans and other receivables due from current or quotations are published or are otherwise readily available. former officers, directors, trustees, key employees, and Report dividends and interest from these securities on Part VIII, creator or founder, substantial contributor, or 35% line 3. controlled entity or family member of any of these persons. Don't report on line 11 publicly traded stock for which the Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must organization holds 5% or more of the outstanding shares of the also report on line 6 receivables due from other disqualified same class or publicly traded stock in a corporation that persons (for purposes of section 4958, see Appendix G), and comprises more than 5% of the organization's total assets. from persons described in section 4958(c)(3)(B). Include all Report these investments on line 12. amounts owed on secured and unsecured loans made to such persons. Report interest from such receivables on Part VIII, Line 12. Investments—other securities. Enter on this line the line 11. Don't report on line 5 or 6 (a) pledges or grants total value of all securities, partnerships, or funds that aren't receivable, which are to be reported on line 3; or (b) receivables publicly traded. This includes stock in a closely held company that are excepted from reporting on Schedule L (Form 990), Part whose stock isn't available for sale to the general public or which II (except for excess benefit transactions involving isn't widely traded. Other securities reportable on line 12 also receivables). If the organization must report loans and other include publicly traded stock for which the organization holds 5% receivables on either line 5 or 6, it must answer “Yes” on Part IV, or more of the outstanding shares of the same class, and line 26. publicly traded stock in a corporation that comprises more than 5% of the organization's total assets. Don't include Line 7. Notes and loans receivable, net. Enter the net program-related investments. amount of all notes receivable and loans receivable not listed on lines 5 and 6, including receivables from unrelated third parties. If an amount is reported on this line that is 5% or more of the The term “unrelated third parties” includes independent amount reported on Part X, line 16, answer “Yes” on Part IV, contractors providing goods or services and employees who line 11b, and complete Schedule D (Form 990), Part VII. The aren't current or former officers, directors, trustees, key amount reported in Part X, line 12, column (B), must equal the employees, highest compensated employees, or total of Schedule D (Form 990), Part VII, column (b). disqualified persons. Don't include the following. Line 13. Program-related investments. Report here the total • Receivables reported on line 4. book value of all investments made primarily to accomplish the • Program-related investments reported on line 13. organization's exempt purposes rather than to produce income. • Notes receivable acquired as investments reported on line 12. Examples of program-related investments include student loans Line 8. Inventories for sale or use. Enter the amount of and notes receivable from other exempt organizations that materials, goods, and supplies held for future sale or use, obtained the funds to pursue the filing organization's exempt whether purchased, manufactured by the organization, or function. donated. If the amount reported on this line is 5% or more of the amount reported on Part X, line 16, answer “Yes” on Part IV, line 11c, and complete Part VIII of Schedule D (Form 990). The -48- 2022 Instructions for Form 990 |
Page 49 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. amount reported in Part X, line 13, column (B), must equal the Lines 22–24. Enter on line 22 the unpaid balance of loans and total of Schedule D (Form 990), Part VIII, column (b). other payables (whether or not secured) to current and former Line 14. Intangible assets. Report on this line the total value officers, directors, trustees, key employees, creator or of all non-monetary, non-physical assets such as copyrights, founder, substantial contributor, or 35% controlled entity patents, trademarks, mailing lists, or goodwill. or family member of any of these persons, and persons described in section 4958(c)(3)(B). If the organization reports a Line 15. Other assets. Report on this line the total book value loan payable on this line, it must answer “Yes” on Part IV, line 26. of all assets held and not reported on lines 1 through 14. Don't report on line 22 accrued but unpaid compensation owed If an amount is reported on this line that is 5% or more of the by the organization. Don't report on line 22 loans and payables amount reported on Part X, line 16, answer “Yes” on Part IV, excepted from reporting on Schedule L (Form 990), Part II line 11d, and complete Schedule D (Form 990), Part IX. The (except for excess benefit transactions involving receivables). amount reported in Part X, line 15, column (B), must equal the On line 23, enter the total amount of secured mortgages and total of Schedule D, Part IX, column (b). notes payable to unrelated third parties that are secured by the 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 Line 17. Accounts payable and accrued expenses. Enter organization's assets. Report on line 25 (and not line 24) any the total of accounts payable to suppliers, service providers, unsecured payables to related organizations. 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 ASC 958, check the box above line 27, and complete lines 27 local bonds and any obligations, including direct borrowing from through 28 and lines 32 and 33. Classify and report net assets in a 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 complete Schedule D, Part IV. lines 27 through 28. Example. A credit counseling organization collects amounts from debtors to remit to creditors and reports the amounts Line 27. Net assets without donor restrictions. Enter the temporarily in its possession as cash on line 1 of the balance balance per books of net assets without donor restrictions. All sheet. It must then report the corresponding liability (the funds without donor-imposed restrictions must be reported on amounts to be paid to the creditors on the debtors' behalf) on line 27, regardless of the existence of any board designations or line 21. appropriations. 2022 Instructions for Form 990 -49- |
Page 50 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 28. Net assets with donor restrictions. Enter the amount should be the same amount reported in Part X, line 33, balance per books of net assets with donor restrictions. column (B), for the prior year’s return. Donors' restrictions may require that resources be used after a specified date (time restrictions), or that resources be used for a Line 5. Report the net unrealized gains or losses on investments specified purpose (purpose restrictions), or both. Donors may reported in the organization's audited financial statements (or also stipulate that assets, such as land or works of art, be used other financial statements). This amount represents the change for a specified purpose, be preserved, and not be sold or in market value of investments that weren't sold or exchanged donated with stipulations that they be invested to provide a during the tax year. permanent source of income. Line 6. Report the value of services or use of facilities donated Organizations that don't follow ASC 958. If the organization to the organization (net of services or use of facilities donated by doesn't follow ASC 958, check the box above line 29 and the organization) reported as income or expense in the financial complete lines 29 through 33. Report capital stock, trust statements. principal, or current funds on line 29. Report paid-in capital surplus or land, building, or equipment funds on line 30. Report Line 8. Report the net prior period adjustments during the tax retained earnings, endowment, accumulated income, or other year reported in the financial statements. Prior period funds on line 31. adjustments are corrections of errors in financial statements of Line 29. Capital stock or trust principal, or current funds. prior years, or changes in accounting principles applied to such For corporations, enter the balance per books of capital stock years. The errors may include math errors, mistakes in applying accounts. Show par or stated value (or for stock with no par or accounting principles, or oversight or misuse of facts that existed stated value, total amount received on issuance) of all classes of at the time the financial statements were prepared. stock issued and not yet canceled. For trusts, enter the amount in the trust principal or corpus. For organizations using the fund Line 9. Enter the total amount of other changes in net assets or method of accounting, enter the fund balances for the fund balances during the year. Amounts to report here include organization's current restricted and unrestricted funds. losses on uncollectible pledges, refunds of contributions and program service revenue, reversal of grant expenses, any Line 30. Paid-in or capital surplus, or land, building, and difference between FMVand book value of property given as an equipment fund. Enter the balance of paid-in capital in excess award or grant, and any other changes in net assets or fund of par or stated value for all stock issued and not yet canceled, balances not listed on lines 5–8. Itemize these changes on as recorded on the corporation's books. If stockholders or others Schedule O (Form 990) and check the box in the heading of Part made donations that the organization records as paid-in capital, XI. include them here. Enter the fund balance for the land, building, and equipment fund on this line. Line 10. Combine the amounts on lines 3 through 9. The total Line 31. Retained earnings, endowment, accumulated in- must equal the amount reported in Part X, line 32, column (B). come, or other funds. For corporations, enter the balance of retained earnings as recorded on the corporation's books, or Part XII. Financial Statements and similar account, minus the cost of any corporate treasury stock. Reporting For trusts, enter the balance in the accumulated income or similar account. For those organizations using the fund method Check the box in the heading of Part XII if Schedule O (Form of accounting, enter the total of the fund balances for the net 990) contains any information pertaining to this part. assets without donor restrictions funds, and the net assets Line 1. Accounting method. Indicate the method of with donor restrictions funds, as well as balances of any other accounting used in preparing this return. See Part D, earlier. funds not reported on lines 29 and 30. Provide an explanation on Schedule O (Form 990) (1) if the Line 32. Total net assets or fund balances. For organization changed its method of accounting from a prior year, organizations that follow ASC 958, enter the total of lines 27 or (2) if the organization checked the “Other” accounting method through 28. For all other organizations, enter the total of lines 29 box. through 31. All filers must enter a zero or a dollar amount on this Line 2. Financial statements and independent accountant. line. Answer “Yes” or “No” to indicate on line 2a or line 2b whether the Line 33. Total liabilities and net assets/fund balances. organization's financial statements for the tax year were Enter the total of line 26 and line 32. This amount must equal the compiled, reviewed, or audited by an independent amount on line 16. The organization must enter a zero or a dollar accountant. An accountant is independent if he or she meets the amount on this line. standards of independence set forth by the American Institute of Certified Public Accountants (AICPA), the Public Company Part XI. Reconciliation of Net Assets Accounting Oversight Board (PCAOB), or another similar body that oversees or sets standards for the accounting or auditing Check the box in the heading of Part XI if Schedule O (Form professions. 990) contains any information pertaining to this part. If “Yes” on either line 2a or 2b, answer “Yes” or “No” on line 2c Line 1. Enter the amount of total revenue reported in Part VIII, to indicate whether the organization has a committee that is line 12, column (A). responsible under its governing documents or through delegation by its governing body for (i) overseeing the Line 2. Enter the amount of total expenses reported in Part IX, compilation, review, or audit of the financial statements; and (ii) line 25, column (A). the selection of an independent accountant that compiled, reviewed, or audited the statements. Answer “Yes” only if both (i) Line 3. Enter the difference between lines 1 and 2. and (ii) apply. If this process has changed from the prior year, describe on Schedule O (Form 990). Line 4. Enter the amount of net assets or fund balances at the beginning of year reported in Part X, line 32, column (A). This Line 3a. Uniform Guidance, 2 C.F.R. Part 200, Subpart F. Answer “Yes” if, during the year, the organization was required under the Uniform Guidance, 2 C.F.R. Part 200, Subpart F, to -50- 2022 Instructions for Form 990 |
Page 51 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. undergo an audit or audits because of its receipt of federal across all preparation methods and taxpayer activities. As a contract awards. The Uniform Guidance, 2 C.F.R. Part 200, result, the averages don't necessarily reflect a "typical" case. Subpart F, requires states, local governments, and nonprofit Most taxpayers experience lower-than-average burden, with organizations that spend $750,000 or more of federal awards in taxpayer burden varying considerably by taxpayer type. a year to obtain an annual audit. Fiscal Year 2023 Form 990 Series Tax Compliance Line 3b. Required audits. If “Yes” on line 3a, indicate whether the organization has undergone the required audit or audits. Cost Estimates Answer “Yes” if the audit was completed or in progress during the organization's tax year. If the answer to line 3b is “No,” Table 1—Fiscal Year 2023 Form 990 Series Tax Compliance Cost Estimates explain on Schedule O (Form 990) why the organization hasn't Type of Return undergone any required audits and describe any steps taken to Form 990 Form 990-EZ Form 990-PF Form 990-T Form 990-N undergo such audits. Projections of the Number of Returns to be Paperwork Reduction Act Notice. We ask for the information Filed with IRS 333,400 245,200 122,700 239,600 743,800 on these forms to carry out the Internal Revenue laws of the Estimated United States. You are required to give us the information. We Average Total need it to ensure that you are complying with these laws and to Time (Hours) 107 64 53 46 5 allow us to figure and collect the right amount of tax. You are not Estimated Average Total required to provide the information requested on a form that is Out-of-Pocket subject to the Paperwork Reduction Act unless the form displays Costs $2,600 $500 $1,900 $2,100 $20 a valid OMB control number. Books or records relating to a form Estimated or its instructions must be retained as long as their contents may Average Total Monetized become material in the administration of any Internal Revenue Burden $8,700 $1,400 $4,100 $5,600 $90 law. Generally, tax returns and return information are confidential, as required by section 6103. However, certain Estimated Total Time (Hours) 35,780,000 15,770,000 6,510,000 10,940,000 3,720,000 returns and return information of tax-exempt organizations and Estimated Total trusts are subject to public disclosure and inspection, as Out-of-Pocket provided by section 6104. Costs $867,200,000 $118,600,000 $237,200,000 $512,700,000 $13,800,000 Estimates of Taxpayer Burden. These include forms in the Estimated Total Monetized 990 series and attachments and Forms 1023, 1024, 1028, 5578, Burden $2,916,100,000 $335,200,000 $501,300,000 $1,346,200,000 $64,800,000 5884-C, 8038, 8038-B, 8038-CP, 8038-G, 8038-GC, 8038-R, Note. Amounts above are for FY2023. Reported time and cost burdens are national averages and do not 8038-T, 8038-TC, 8328, 8718, 8282, 8453-TE, 8453-X, 8868, necessarily reflect a “typical” case. Most taxpayers experience lower-than-average burden, with taxpayer burden varying considerably by taxpayer type. Detail may not add due to rounding. 8870, 8871, 8872, 8879-TE, 8886-T, and 8899 and their schedules and all the forms tax-exempt organizations attach to Comments and suggestions. We welcome your comments their tax returns. Time spent and out-of-pocket costs are concerning the accuracy of these time estimates or suggestions presented separately. Time burden includes the time spent for future editions. You can send us comments through IRS.gov/ preparing to file and to file, with recordkeeping representing the FormComments. Or you can write to the Internal Revenue largest component. Out-of-pocket costs include any expenses Service, Tax Forms and Publications Division, 1111 Constitution incurred by taxpayers to prepare and submit their tax returns. Ave. NW, IR-6526, Washington, DC 20224. Examples include tax return preparation and submission fees, postage and photocopying costs, and tax preparation software Although we can't respond individually to each comment costs. Note that these estimates don't include burden associated received, we do appreciate your feedback and will consider your with post-filing activities. IRS operational data indicate that comments as we revise our tax forms, instructions, and electronically prepared and filed returns have fewer arithmetic publications. Don't send your return to this address. Instead, errors, implying lower post-filing burden. see the General Instructions, Section E, When, Where, and How Reported time and out-of-pocket cost burdens are national To File, earlier, for the location for filing your return. averages and include all associated forms and schedules, 2022 Instructions for Form 990 -51- |
Page 52 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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- 2022 Instructions for Form 990 |
Page 53 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 900004 Exploited exempt activities sports, and similar events and motels 900099 Other activity 713110 Amusement and theme parks 721210 RV (recreational vehicle) parks Code 713200 Gambling industries and recreational camps 811000 Repair and maintenance 713910 Golf courses and country clubs 721310 Rooming and boarding houses, 812300 Drycleaning and laundry services 713940 Fitness and recreational sports dormitories, and workers’ camps 812900 Other personal services centers 722320 Caterers 812930 Parking lots and garages 713990 All other amusement and 722410 Drinking places (alcoholic recreation industries (including beverages) Other skiing facilities, marinas, and 722511 Full-service restaurants Code bowling centers) 722513 Limited-service restaurants 900001 Investment activities of section Accommodation and Food 722514 Cafeterias, grill buffets, and 501(c)(7), (9), or (17) buffets organizations Services 722515 Snack and non-alcoholic 900002 Rental of personal property Code beverage bars 900003 Passive income activities with 721000 Accommodation controlled organizations 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). 2022 Instructions for Form 990 -53- |
Page 54 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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- 2022 Instructions for Form 990 |
Page 55 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 (Form990)), 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. 2022 Instructions for Form 990 -55- |
Page 56 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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- 2022 Instructions for Form 990 |
Page 57 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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. 2022 Instructions for Form 990 -57- |
Page 58 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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, 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- 2022 Instructions for Form 990 |
Page 59 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 FMVas 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. 2022 Instructions for Form 990 -59- |
Page 60 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 possession. A trust is domestic if a court within the United States or a U.S. possession is able to exercise primary supervision over the administration of the trust, and one or more U.S. persons (or persons in possessions 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- 2022 Instructions for Form 990 |
Page 61 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 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. 2022 Instructions for Form 990 -61- |
Page 62 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 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). -62- 2022 Instructions for Form 990 |
Page 63 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 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 possession of the United States, or a political subdivision of a state or U.S. possession, 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. 2022 Instructions for Form 990 -63- |
Page 64 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 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 in 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- 2022 Instructions for Form 990 |
Page 65 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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. 2022 Instructions for Form 990 -65- |
Page 66 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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- 2022 Instructions for Form 990 |
Page 67 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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. 2022 Instructions for Form 990 -67- |
Page 68 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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. Possession 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. 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. -68- 2022 Instructions for Form 990 |
Page 69 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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). 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. 2022 Instructions for Form 990 -69- |
Page 70 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. A “conservation purpose” means: 1. The preservation of land areas for outdoor recreation by, or 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. 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). -70- 2022 Instructions for Form 990 |
Page 71 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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). 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. 2022 Instructions for Form 990 -71- |
Page 72 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. 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 FMVof 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. -72- 2022 Instructions for Form 990 |
Page 73 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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). 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. 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. 2022 Instructions for Form 990 -73- |
Page 74 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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. possession See Possession of the United States. 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- 2022 Instructions for Form 990 |
Page 75 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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- 2022 Instructions for Form 990 |
Page 77 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 Determine Whether an 990-EZ, Part I. or 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 facilities. collects funds merely as an agent for General 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: 2022 Instructions for Form 990 -77- |
Page 78 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 can order the complete set (for example, and similar receipts), and normal reinsurance; all Forms 990 and 990-EZ or all Forms recurring capital gains on investments. 2. Gross investment income of a 990-PF filed for a year) or a partial set by Gross receipts for this purpose don't non-life insurance company (as state or by month. If you are ordering a include capital contributions (see described in section 834(b)); and partial set on DVD, indicate the format (Alchemy or raw), state(s), and month(s) Regulations section 1.118-1), initiation 3. Other items that are included in you are ordering. Sample DVD requests fees, or unusual amounts of income (the the filer's gross income under subchapter aren't available for individual states. sale of the clubhouse). B, chapter 1, subtitle A, of the Code. DVDs and sample DVDs aren't available College fraternities or sororities This definition doesn't, however, include for individual exempt organizations. ! or other organizations that contributions to capital. For more Complete information, including the cost, CAUTION charge membership initiation is available on the IRS website. Search information, see Notice 2006-42. fees, but not annual dues, must include Copies of EO Returns Available at Premiums. Premiums consist of all initiation fees in their gross receipts. IRS.gov/Charities-Non-Profits/Copies-of- amounts received as a result of entering Section 501(c)(15). If any section into an insurance contract. They are EO-Returns-Available. 501(c)(15) insurance company (other reported on Form 990, Part VIII, line 2, or than life insurance) meets both parts of on Form 990-EZ, Part I, line 2. The IRS can't disclose portions of an exemption application relating to any the following test, then the company can Anti-abuse rule. The anti-abuse rule, trade secrets, etc. Additionally, the IRS file Form 990 (or Form 990-EZ, if found in section 501(c)(15)(C), explains generally can't disclose the names and applicable). how gross receipts (including premiums) addresses of contributors. See the from all members of a controlled group Instructions for Schedule B (Form 990) 1. The company's gross receipts are aggregated in figuring the above for more information about the disclosure must be equal to or less than $600,000. tests. of that schedule. 2. The company's premiums must be more than 50% of its gross receipts. Appendix D. Public Notice 2008-49, 2008-20 I.R.B. 979, If the company didn't meet this test and Inspection of Returns provides interim guidance regarding the requirement that section 501(c)(3) the company is a mutual insurance Some members of the public rely on organizations and the IRS make available company, then it must meet the Alternate Form 990, or 990-EZ, as the primary or for public inspection Form 990-T. test next to qualify to file Form 990 (or sole source of information about a Form 990-EZ, if applicable). Insurance particular organization. How the public Form 990 or 990-EZ can only be companies that don't qualify as tax perceives an organization in those cases requested for section 527 organizations exempt must file Form 1120-PC, U.S. may be determined by the information for tax years beginning after June 30, Property and Casualty Insurance presented on its returns. 2000. Company Income Tax Return, or Form 1120, U.S. Corporation Income Tax An organization's completed Form Return, as taxable entities for the year. 990 or 990-EZ is available for public A return, report, notice, or exemption See Notice 2006-42, 2006-19 I.R.B. 878. inspection as required by section 6104. application can be inspected at an IRS Alternate test. If any section 501(c) Schedule B (Form 990), Schedule of office free of charge. Copies of these (15) insurance company (other than life Contributors, is open for public inspection items can also be obtained through the insurance) is a mutual insurance for section 527 organizations filing Form organization as discussed in the following company and it didn't meet the above 990 or 990-EZ. For other organizations section. test, then the company must meet both that file Form 990 or 990-EZ, the names parts of the following alternate test. and addresses of contributors listed on Through the Schedule B aren't required to be made Organization 1. The company's gross receipts available for public inspection. All other must be equal to or less than $150,000. information reported on Schedule B, Public inspection and distribution of 2. The company's premiums must be including the amount of contributions, the certain returns of unrelated business more than 35% of its gross receipts. description of noncash contributions, and income. Section 501(c)(3) organizations any other information, is required to be that are required to file Form 990-T after If the company doesn't meet either test, made available for public inspection August 17, 2006, must make Form 990-T then it must file Form 1120-PC or Form unless it clearly identifies the contributor. available for public inspection under 1120 (if the company isn't entitled to Form 990-T filed after August 17, 2006, section 6104(d)(1)(A)(ii). insurance reserves) instead of Form 990 by a section 501(c)(3) organization to or 990-EZ. report any unrelated business income is Public inspection and distribution of The alternate test doesn't apply if also available for public inspection and returns and reports for a political or- disclosure. ganization. Section 527 political ! any employee of the mutual organizations required to file Form 990 or CAUTION insurance company or a member of the employee's family is an employee Through the IRS 990-EZ must, in general, make their Forms 8871, 8872, 990, or 990-EZ of another company that is exempt under Use Form 4506-A, Request for a Copy of available for public inspection in the section 501(c)(15) (or would be exempt if Exempt or Political Organization IRS same manner as annual information this provision didn't apply). Form, to request: returns of section 501(c) organizations Gross receipts. To determine • A copy of an exempt or political are made available. See Public whether a section 501(c)(15) organization's return, report, notice, or inspection and distribution of applications organization satisfies either of the above exemption application; or for tax exemption and annual information tests described in Appendix C, figure • An inspection of a return, report, returns of tax-exempt organizations, gross receipts by adding: notice, or exemption application at an later. Generally, Form 8871 and Form IRS office. 1. Premiums (including deposits and 8872 are available for inspection and assessments) without reduction for return The IRS can provide copies of exempt printing at IRS.gov/Charities-and- organization returns on DVD. Requesters Nonprofits. -78- 2022 Instructions for Form 990 |
Page 79 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Note that a section 527 political • In the case of a tax-exempt who are involved solely in managing the TIP organization (and an organization organization other than a private exempt function activities at the site. filing Form 990-PF) must foundation, the name and address of any disclose their Schedule B (Form 990). contributor to the organization; or Special Rules Relating See the Instructions for Schedule B. The • Any material that isn't available for penalties discussed in General public inspection under section 6104. to Public Inspection Instructions, Section H, Failure-To-File Permissible conditions on public If there is no prescribed Penalties, earlier, also apply to section inspection. A tax-exempt organization: application form, see Regulations 527 political organizations (Rev. Rul. CAUTION! • Can have an employee present in the section 301.6104(d)-1(b)(3)(ii). 2003-49, 2003-20 I.R.B. 903). room during an inspection; Annual information return includes: • Must allow the individual conducting Public inspection and distribution of • An exact copy of the Form 990 or the inspection to take notes freely during applications for tax exemption and Form 990-EZ filed by a tax-exempt the inspection; and annual information returns of tax-ex- organization as required by section 6033, • Must allow the individual to photocopy empt organizations. Under • Any amended return the organization the document at no charge, if the Regulations sections 301.6104(d)-1 files with the IRS after the date the individual provides photocopying through -3, a tax-exempt organization original return is filed (both the original equipment at the place of inspection. must: and amended return are subject to the Organizations that don't maintain • Make its application for recognition of public inspection requirements), or permanent offices. A tax-exempt exemption and its annual information • An exact copy of Form 990-T if one is organization with no permanent office: returns available for public inspection filed by a section 501(c)(3) organization. • Must make its application for tax without charge at its principal, regional, The copy must include all information exemption and its annual information and district offices during regular furnished to the IRS on Form 990, returns available for inspection at a business hours; 990-EZ, or 990-T as well as all reasonable location of its choice; • Make each annual information return statements, attachments, and supporting • Must permit public inspection within a available for a period of 3 years documents, except for the name and reasonable amount of time after receiving beginning on the date the return is address of any contributor to the a request for inspection (normally not required to be filed (determined with organization. See the Instructions for more than 2 weeks) and at a reasonable regard to any extension of time for filing) Schedule B (Form 990). However, time of day; or is actually filed, whichever is later; and statements, attachments, and supporting • Can mail, within 2 weeks of receiving • Provide a copy without charge (for documents filed with Form 990-T that the request, a copy of its application for Form 990-T, this requirement applies don't relate to the imposition of unrelated tax exemption and annual information only to Forms 990-T filed after August 17, business income tax aren't required to be returns to the requester instead of 2006), other than a reasonable fee for made available for public inspection and allowing an inspection; and reproduction and actual postage costs, of copying. See Notice 2008-49. • Can charge the requester for copying all or any part of any application or return and actual postage costs only if the Annual returns more than 3 years required to be made available for public requester consents to the charge. old. An annual information return doesn't inspection to any individual who makes a An organization that has a permanent include any return after the expiration of 3 request for a copy in person or in writing office, but has no office hours, or very years from the date the return is required (except as provided in Regulations limited hours during certain times of the to be filed (including any extension of sections 301.6104(d)-2 and -3). year, must make its documents available time that has been granted for filing the Definitions return) or is actually filed, whichever is during those periods when office hours later. are limited, or not available, as though it Tax-exempt organization is any were an organization without a organization that is described in section If an organization files an amended permanent office. 501(c) or (d) and is exempt from taxation return, however, the amended return under section 501(a). The term must be made available for a period of 3 Special Rules Relating “tax-exempt organization” also includes years beginning on the date it is filed with any section 4947(a)(1) nonexempt the IRS. to Copies charitable trust or nonexempt private Local or subordinate organizations. Time and place for providing foundation that is subject to the reporting For rules relating to annual information copies in response to requests made requirements of section 6033. returns of local or subordinate in person. A tax-exempt organization Application for tax exemption organizations, see Regulations section must: includes: 301.6104(d)-1(f)(2). • Provide copies of required documents • Any prescribed application form (Form Regional or district offices. A under section 6104(d) in response to a 1023, 1023-EZ, 1024, or 1024-A), regional or district office is any office of a request made in person at its principal, • All documents and statements the IRS tax-exempt organization, other than its regional, and district offices during requires an applicant to file with the form, principal office, that has paid employees, regular business hours; and • Any statement or other supporting whether part-time or full-time, whose • Provide copies to a requester on the document submitted in support of the aggregate number of paid hours a week day the request is made, except for application, and is normally at least 120. unusual circumstances (explained next). • Any letter or other document issued by A site isn't considered a regional or Unusual circumstances. In the case the IRS concerning the application. district office, however, if: of an in-person request, where unusual Application for tax exemption • The only services provided at the site circumstances exist so that fulfilling the doesn't include: further exempt purposes (daycare, health request on the same business day • Any application for tax exemption filed care, scientific or medical research); and causes an unreasonable burden to the before July 15, 1987, unless the • The site doesn't serve as an office for tax-exempt organization, the organization organization filing the application had a management staff, other than managers must provide the copies no later than the copy of the application on July 15, 1987; next business day following the day that 2022 Instructions for Form 990 -79- |
Page 80 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the unusual circumstances cease to • Requests received on a day when the Request for copies in writing. A exist, or the 5th business day after the organization's managerial staff capable tax-exempt organization must honor a date of the request, whichever occurs of fulfilling the request is conducting written request for a copy of documents first. special duties (student registration or (or the requested part) required under Unusual circumstances include: attending an off-site meeting or section 6104(d) if the request: • Requests received that exceed the convention), rather than its regular 1. Is addressed to (and delivered by organization's daily capacity to make administrative duties. mail, electronic mail, facsimile, or a copies; Agents for providing copies. For private delivery service, as defined in • Requests received shortly before the rules relating to use of agents to provide section 7502(f)) a principal, regional, or end of regular business hours that copies, see Regulations sections district office of the organization; and require an extensive amount of copying; 301.6104(d)-1(d)(1)(iii) and -1(d)(2)(ii) 2. Sets forth the address to which the or (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 organization can accept other forms of (because it is a local or subordinate document. A tax-exempt organization payment. organization covered by a group must fulfill a request for a copy of the Avoidance of unexpected fees. exemption letter) must, upon request, organization's entire application for tax Where a tax-exempt organization doesn't make available for public inspection, or exemption or annual information return or require prepayment and a requester provide copies of, the application any specific part or schedule of its doesn't enclose payment with a request, submitted to the IRS by the central or application or return. A request for a copy an organization must receive consent parent organization to obtain the group of less than the entire application or less from a requester before providing copies exemption letter and those documents than the entire return must specifically for which the fee charged for copying and which were submitted by the central or identify the requested part or schedule. postage exceeds $20. parent organization to include the local or Fees for copies. A tax-exempt Documents to be provided by subordinate organization in the group organization can charge a reasonable fee regional and district offices. Except exemption letter. for providing copies. Before the as otherwise provided, a regional or However, if the central or parent organization provides the documents, it district office of a tax-exempt organization submits to the IRS a list or can require that the individual requesting organization must satisfy the same rules directory of local or subordinate copies of the documents pay the fee. If as the principal office for allowing public organizations covered by the group the organization has provided an inspection and providing copies of its exemption letter, the local or subordinate individual making a request with notice of application for tax exemption and annual organization is required to provide only the fee, and the individual doesn't pay the information returns. the application for the group exemption fee within 30 days, or if the individual A regional or district office isn't ruling and the pages of the list or pays the fee by check and the check required, however, to make its annual directory that specifically refer to it. The doesn't clear upon deposit, the information return available for inspection local or subordinate organization must organization can disregard the request. or to provide copies until 30 days after permit public inspection, or comply with a Form of payment. the date the return is required to be filed request for copies made in person, within a. Request made in person. If a (including any extension of time that is a reasonable amount of time (normally tax-exempt organization charges a fee granted for filing the return) or is actually not more than 2 weeks) after receiving a for copying, it must accept payment by filed, whichever is later. request made in person for public cash and money order for requests made inspection or copies and at a reasonable in person. The organization can accept Documents Provided by time of day. See Regulations section other forms of payment, such as credit 301.6104(d)-1(f) for further information. cards and personal checks. Local and Subordinate Annual information returns. A local b. Request made in writing. If a or subordinate organization that doesn't Organizations tax-exempt organization charges a fee file its own annual information return for copying and postage, it must accept Applications for tax exemption. (because it is affiliated with a central or payment by certified check, money order, Except as otherwise provided, a parent organization that files a group and either personal check or credit card tax-exempt organization that didn't file its return) must, upon request, make for requests made in writing. The own application for tax exemption available for public inspection, or provide -80- 2022 Instructions for Form 990 |
Page 81 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. copies of, the group returns filed by the Making Applications and altered, destroyed, or lost, the entity must central or parent organization. correct or replace the document. Returns Widely Available Notice requirement. If a tax-exempt However, if the group return includes A tax-exempt organization isn't required organization has made its application for separate statements for each local or to comply with a request for a copy of its tax exemption and/or an annual subordinate organization included in the application for tax exemption or an information return widely available, it group return, the local or subordinate annual information return if the must notify any individual requesting a organization receiving the request can organization has made the requested copy where the documents are available omit any statements relating only to other document widely available (see below). (including the address on the Internet, if organizations included in the group applicable). If the request is made in return. An organization that makes its person, the organization must provide the The local or subordinate organization application for tax exemption and/or notice to the individual immediately. If the must permit public inspection, or comply annual information return widely available request is made in writing, the notice with a request for copies made in person, must also make the document available must be provided within 7 days of within a reasonable amount of time for public inspection, as required under receiving the request. (normally not more than 2 weeks) after Regulations section 301.6104(d)-1(a). receiving a request made in person for public inspection or copies and at a A tax-exempt organization makes its Tax-Exempt Organization reasonable time of day. application for tax exemption and/or an Subject to Harassment When a requester seeks inspection, annual information return widely available Campaign the local or subordinate organization can: if the organization complies with the Under section 6104(d)(4), if the Office of • Mail a copy of the applicable Internet posting requirements and the Associate Chief Counsel (Tax Exempt documents to the requester within the notice requirements given below. and Government Entities) determines same time period instead of allowing an Internet posting. A tax-exempt that the organization is being harassed, a inspection; and organization can make its application for tax-exempt organization isn't required to • Charge the requester for copying and tax exemption and/or an annual comply with any request for copies that it actual postage costs, if the requester information return widely available by reasonably believes is part of a consents to the charge. posting the document on a web page that harassment campaign. the tax-exempt organization establishes Whether a group of requests is a If the local or subordinate organization and maintains, or by having the harassment campaign depends on the receives a written request for a copy of its document posted, as part of a database relevant facts and circumstances such annual information return, it must fulfill of similar documents of other tax-exempt as: the request by providing a copy of the organizations, on a web page established • A sudden increase in requests, group return in the time and manner and maintained by another entity. The • An extraordinary number of requests specified in Request for copies in writing, document will be considered widely by form letters or similarly worded earlier. available only if: correspondence, The requester has the option of • The web page through which it is • Hostile requests, requesting from the central or parent available clearly informs readers that the • Evidence showing bad faith or organization, at its principal office, document is available and provides deterrence of the organization's exempt inspection or copies of group returns filed instructions for downloading it; purpose, by the central or parent organization. The • The document is posted in a format • Prior provision of the requested central or parent organization must fulfill that, when accessed, downloaded, documents to the purported harassing the requests in the time and manner viewed, and printed in hard copy, exactly group, and specified in Special Rules Relating to reproduces the image of the application • A demonstration that the organization Public Inspection and Special Rules for tax exemption or annual information routinely provides copies of its Relating to Copies, earlier. return as it was originally filed with the documents upon request. Failure to comply. Any person who IRS, except for any information permitted doesn't comply with the public inspection by statute to be withheld from public A tax-exempt organization can requirements will be assessed a penalty disclosure; and disregard any request for copies of all or of $20 for each day that inspection wasn't • Any individual with access to the part of any document beyond the first two permitted, up to a maximum of $10,000 Internet can access, download, view, and received within any 30-day period or the for each return. Organizations with gross print the document without special first four received within any 1-year receipts exceeding $1 million will be computer hardware or software required period from the same individual or the assessed a penalty of $100 for each day, for that format (other than software that is same address, whether or not the Office not to exceed $50,000 for each return. readily available to members of the public of Associate Chief Counsel (Tax Exempt The penalties for failure to comply with without payment of any fee) and without and Government Entities) has the public inspection requirements for payment of a fee to the tax-exempt determined that the organization is applications are the same as those for organization or to another entity subject to a harassment campaign. annual returns, except that the $10,000 maintaining the web page. A tax-exempt organization can apply limitation doesn't apply (sections 6652(c) Reliability and accuracy. In order for for a determination that it is the subject of (1)(C) and (D)). Any person who willfully the document to be widely available a harassment campaign and that fails to comply with the public inspection through an Internet posting, the entity compliance with requests that are part of requirements for annual returns or maintaining the web page must have the campaign wouldn't be in the public exemption applications will be subject to procedures for ensuring the reliability and interest by submitting a signed an additional penalty of $5,000 (section accuracy of the document that it posts on application to the Office of Associate 6685). the page and must take reasonable Chief Counsel (Tax Exempt and precautions to prevent alteration, Government Entities). See Rev. Proc. destruction, or accidental loss of the 2022-1, 2022-1 I.R.B. 1, or as updated document when posted on its page. In annually. the event that a posted document is 2022 Instructions for Form 990 -81- |
Page 82 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. In addition, the organization can • Schedule D (Form 990) (Supplemental 7. Item L. Year of formation. Leave suspend compliance with any request it Financial Statements), Part I, lines 5 and blank for group return. reasonably believes to be part of the 6. 8. Item M. State of legal domicile. harassment campaign until it receives a • Schedule D (Form 990), Part II, lines 5 Leave blank for group return. response to its application for a and 8. harassment campaign determination. • Schedule E (Form 990) (Schools), 9. Part IV, lines 14b–19, 21–22, However, if the Office of Associate Chief lines 1–4d and 7. and 29, dollar thresholds. Apply the Counsel (Tax Exempt and Government • Schedule F (Form 990) (Statement of dollar thresholds for the aggregate data Entities) determines that the organization Activities Outside the United States), Part for the group as a whole, not subordinate didn't have a reasonable basis for I, line 1. by subordinate. requesting a determination that it was • Schedule G (Form 990) (Supplemental 10. Part IV, line 20. Hospitals. subject to a harassment campaign or Information Regarding Fundraising or Answer “Yes” if any affiliate included reasonable belief that a request was part Gaming Activities), Part III, line 9a. within the group return operated a of the campaign, the officer, director, • Schedule I (Form 990) (Grants and hospital facility. trustee, employee, or other responsible Other Assistance to Organizations, 11. Part VI, line 2. Relationships individual of the organization remains Governments, and Individuals in the among officers, directors, trustees, liable for any penalties for not providing United States), Part I, line 1. and key employees. Describe on the copies in a timely fashion. See • Schedule J (Form 990) Schedule O (Form 990) only Regulations section 301.6104(d)-3. (Compensation Information), Part I, lines relationships between officers, 1b and 2. directors, trustees, and key Appendix E. Group • Schedule M (Form 990) (Noncash employees of the same subordinate Contributions), Part I, line 31. organization, not relationships between Returns—Reporting • Schedule N (Form 990) (Liquidation, officers, directors, trustees, and key Information on Behalf of Termination, Dissolution, or Significant employees of one subordinate and Disposition of Assets), Part I, lines 3, 4a– officers, directors, trustees, and key the Group b, 5, and 6a–c. employees of another subordinate. Except where otherwise instructed, The following is a list of other special 12. Part VI, line 4. Significant where a line calls for a dollar amount or instructions for group returns. changes to organizational numerical data, the central documents. Report only changes to organization filing the group return 1. Item B. Final return/terminated. must aggregate the data from all the If the central organization is terminating standardized organizational documents subordinate organizations included in its group exemption and filing its final maintained by the central organization the group return and report the aggregate group return, don't check the “Final that subordinates are required to adopt. number. For example, in answering Form return/terminated” box. Refer to Rev. 13. Part VI, line 5. Significant 990, Part I, line 6, the total number of Proc. 80-27, 1980-1 C.B. 677, as diversion of assets. In determining volunteers for all of the subordinate modified, for procedures for terminating whether a diversion of a subordinate’s organizations would be reported. the group exemption. assets meets the 5%/$250,000 reporting 2. Item C. Name. Enter the name of threshold, consider only the total assets For purposes of Form 990, Part III, the group exemption. Note that the group and gross receipts of that subordinate, summarize the mission and activities of exemption may have a different name not of the parent or other subordinates. all of the subordinate organizations as if than the central organization's name. 14. Part VI, line 20. Person who all of the subordinate organizations were 3. Item D. EIN. Use the special EIN possesses books and records. Identify one entity. (separate from the central organization's the person who possesses the In general, if a line requires a “Yes” or EIN) that is issued solely for the purposes information furnished by the subordinate “No” answer and the answer isn't the of the group return. The central organizations used in compiling the same for all subordinate organizations to organization must have received a group group return. which the line applies, then check “Yes,” exemption letter before it can file a group 15. Part VII. Compensation of and explain the answer in the schedule's ruling. officers, directors, trustees, key supplemental information section (if 4. Items E, F, and J. Enter employees, and highest applicable) or on Schedule O (Form 990). information for the central organization compensated employees. File a single For the following lines, however, check only. consolidated Form 990, Part VII, showing the officers, directors, trustees, and key “No” if the answer is “No” for any of the 5. Item H. Group returns. If the employees of each subordinate included subordinates to which the line applies, organization answers “Yes” to Item H(a) in the group return, and a single and explain on Schedule O. but “No” to Item H(b) (not all subordinate consolidated Schedule J (Form 990), • Form 990, Part V, lines 1c, 2b, 3b, 5c, organizations are included in the group Compensation Information, Part II, for all 6b, 7b, 7g, and 7h. return), then attach a list (not on officers, directors, trustees, and key • Form 990, Part VI, lines 8a, 8b, 10b, Schedule O (Form 990)) showing the employees above the compensation 12b, and 12c. name, address, and EIN of each thresholds. Report the five highest • Schedule C (Form 990) (Political subordinate organization included in the compensated employees and Campaign and Lobbying Activities), Part group return. Additionally, attach a list independent contractors above I-B, lines 3 and 4a. (not on Schedule O (Form 990)) showing $100,000 for the whole group of • Schedule C (Form 990), Part I-C, the name, address, and EIN of each subordinates, not for each subordinate. If line 4. subordinate organization not included in one or more officers, directors, trustees, • Schedule C (Form 990), Part II-A, the group return. See Regulations section key employees, or highest compensated line 1j. 1.6033-2(d)(2)(ii). employees received compensation from • Schedule C (Form 990), Part II-B, 6. Item K. Form of organization. more than one organization in the group, line 2d. Check “Other” if the group has more than the person's compensation from the • Schedule C (Form 990), Part III-A, one form of organization. lines 1–3. -82- 2022 Instructions for Form 990 |
Page 83 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. several organizations must be reported in subordinate by subordinate, not on a when related organizations of a member column (D). group basis. of a group exemption must be included 16. Part VII. Compensation from 22. Schedule C (Form 990), Part on Schedule R (Form 990). In general, related organizations. Report II-A. Lobbying expenditures and central organizations and subordinate compensation from an organization that affiliated groups. Complete Part II-A, organizations of a group exemption is included in the group ruling but that column (b), for the group as a whole. In aren't required to be listed as related isn't among the subordinates included in column (a), except on lines 1g and 1h, organizations on Schedule R (Form the group return as compensation from a include the amounts that apply to all 990), Part II; and all other related related organization in column (E), even if electing members of the group if they are organizations of the central organization the related organization isn't required to included in the group return. If the group or of a subordinate organization are be reported on Schedule R (Form 990), return includes organizations that belong required to be listed on Schedule R Related Organizations and Unrelated to more than one affiliated group, enter in (Form 990) in the applicable part. Even if Partnerships. column (b) the totals for all the groups. a related organization isn't required to be listed in Part II of Schedule R (Form 990), 17. Part XII, lines 2a–2b. Compiled, 23. Schedule D (Form 990), Part X. the organization must report its reviewed, or audited financial Other liabilities. The filing organization transactions with the related organization statements. Answer “Yes” only if all the can summarize that portion, if any, of the in Part V, as described in the instructions subordinates in the group had their FIN 48 (ASC 740) footnote that applies to for that Part. financial statements compiled, reviewed, the liability of multiple organizations or audited individually (rather than on a including the organization (for example, consolidated basis). as a member of a group with Appendix F. 18. Schedule A (Form 990), Part I. consolidated financial statements), to Disregarded Entities Reason for public charity status. If the describe the filing organization's share of subordinates don't all have the same the liability. and Joint public charity status, then check the 24. Schedule H (Form 990). Ventures—Inclusion of public charity status box for the largest Hospitals. Complete one Schedule H for number of subordinates in the group, and all of the hospitals operated by Activities and Items 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 Disregarded Entities IV. However, if any section 509(a)(3) Part V, Section A, list each of the A disregarded entity, as described in organizations are among the organization’s hospital facilities Regulations sections 301.7701-1 through subordinates in the group return, also separately. List in Section A the name 301.7701-3, is generally treated as a answer lines 12e through 12g. and EIN of the subordinate hospital branch or division of its parent 19. Schedule A (Form 990), Parts II organization that operates the hospital organization for federal tax purposes (but and III. Support statements. Report facility. Complete separate Sections B see the TIP next for treatment of aggregate data for all subordinates with and C for each of the hospital facilities or disregarded entities as separate entities the public charity status corresponding to facility reporting groups listed in for employment tax purposes). Therefore, Part II or III. Section A. financial and other information applicable 20. Schedule A (Form 990), Parts 25. Schedule J (Form 990). to a disregarded entity must be reported IV through VI. In addition to Part I in Compensation from related as the parent organization's information, paragraph 18 above, if any section organizations. See the Appendix E, Part except on Form 990, Part VI, lines 10a 509(a)(3) organizations are among the VII instructions, earlier. and 10b, and on Schedule R (Form 990), subordinates in the group return, also 26. Schedule L (Form 990). in which disregarded entities must be complete the relevant sections of Parts IV Transactions with interested persons. separately reported. and V. If an answer in Part IV requires On Schedule L (Form 990), Part IV, An organization must report on its more information with respect to any report only transactions between a Form 990, including Parts VIII through X, section 509(a)(3) organizations, then subordinate organization and its all of the revenues, expenses, assets, answer with respect to those interested persons—not transactions liabilities, and net assets or funds of a organizations and provide that additional between a subordinate organization and disregarded entity of which it is the sole information in Part VI. For instance, if the the interested persons of other member. The disregarded entity is group includes 50 section 509(a)(3) subordinates. In determining whether a deemed to have the same accounting organizations, and one of them doesn't transaction between the subordinate and period as its parent for federal tax list all of its supported organizations by its interested persons meets the financial purposes. The organization must also name in its governing documents, then reporting thresholds of Schedule L, Part report the activities of a disregarded answer “No” to Part IV, Section A, line 1, IV, consider only the payments between entity in the appropriate parts (including and explain in Part VI. If the group the subordinate and its interested schedules) of the Form 990. For includes more than one Type III persons, not payments between example, support of a disregarded entity non-functionally-integrated supporting interested persons and the parent or must be taken into account by the filing organization, then provide aggregate other subordinates. organization for purposes of the public data in Part V. 27. Schedule N (Form 990). support tests set forth on Schedule A 21. Schedule B (Form 990). Liquidation or significant disposition (Form 990). Similarly, political Contributors. Report a consolidated of assets. Explain on Schedule N (Form campaign activity or lobbying activity Schedule B (Form 990) for all 990), Part III, which of the subordinates conducted by a disregarded entity of subordinates included in the group have undergone a liquidation, which the organization is the sole return. Apply the dollar and percentage termination, dissolution, or significant member must be reported on Schedule C thresholds (including the greater of disposition of assets during the tax year. (Form 990), Political Campaign and $5,000 or 2% threshold for section 501(c) 28. Schedule R (Form 990). Related Lobbying Activities. (3) organizations described in sections organizations. See the Instructions for 509(a)(1) and 170(b)(1)(A)(vi)) Schedule R (Form 990) to determine 2022 Instructions for Form 990 -83- |
Page 84 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. A disregarded entity is treated as 5. Part IV, lines 31–32. Liquidation statements, but didn't consolidate any TIP a separate entity for purposes of or significant disposition of assets. other entity's information in its financial employment tax and certain See the instructions for Schedule N statements, it should check the box for excise taxes. For wages paid after (Form 990) in this Appendix, later. “Separate basis” but not the box for January 1, 2009, a disregarded entity is 6. Part IV, lines 35–36. “Consolidated basis” or “Both required to use its name and EIN for Transactions with related consolidated and separate basis.” reporting and payment of employment organizations. See the instructions for 13. Part XII, line 3. Uniform taxes. Schedule R (Form 990) in this Appendix, Guidance, 2 C.F.R. Part 200, Subpart later. F. The organization must check “Yes” if a A single-member LLC is treated disregarded entity was required to 7. Part V, lines 1–2. Forms 1096 ! generally as a disregarded entity and W-3. The total number of information undergo an audit or audits. CAUTION of its sole member/owner unless it elects to be treated as a separate returns and employees to be reported, association. It may elect to be treated and compliance with backup withholding Note. The Single Audit Act of 1984 and separately by filing Form 8832, Entity rules, includes all backup withholding, OMB Circular A-133 are superseded by Classification Election, or by claiming information returns, and employees of Uniform Guidance, 2 C.F.R. Part 200, tax-exempt status in its own right (by any disregarded entity, whether or not the Subpart F, and now requires states, local filing a Form 1023, 1023-EZ, 1024, or disregarded entity has a separate EIN for governments, and nonprofit 1024-A, application for recognition of employment tax and information organizations that spend $750,000 tax-exempt status, or a Form 990, reporting purposes. (previously $500,000) or more of federal awards in a year to obtain an annual 990-EZ, 990-N, or 990-T, using its own 8. Part V, line 7. Organizations audit. name and EIN). Once the IRS determines that can receive deductible a single-member LLC to be exempt, it is contributions. For purposes of Form 14. Schedule L (Form 990). no longer eligible to be treated as a 990 reporting, lines 7a through 7h are to Transactions with interested persons. disregarded entity until the determination be answered by taking into account any Reportable transactions include of exemption is revoked and the LLC contributions made to a disregarded transactions involving interested persons subsequently files a Form 8832 electing entity. who have such status because of their relationship with a disregarded entity disregarded entity status. Similarly, a 9. Part VI, lines 1a–9. Members of (such as an employee of the disregarded single-member LLC that claims the governing body, officers, directors, entity who qualifies as a key employee of exemption but hasn't been determined to trustees, and employees of a disregarded the organization as a whole). A be exempt isn't eligible to be treated as entity won't be treated as governing transaction between an interested person disregarded until the claim is withdrawn body members, officers, directors, or and a disregarded entity of the or rejected and the LLC files a Form 8832 trustees of the filing organization, but a organization is reportable on Schedule L. electing disregarded entity status. See person can be a key employee or Regulations section 301.7701-3(c)(1)(v) highest compensated employee of the 15. Schedule N (Form 990). (A). filing organization by virtue of Liquidation or significant disposition compensation paid by the disregarded of assets. The organization shouldn't The following is a list of special entity, or the person's responsibilities and prepare Part I to report a termination, instructions for the form and schedules authority over operations of the liquidation, or dissolution of a regarding the reporting of a disregarded disregarded entity when compared to the disregarded entity if the filing entity of which the organization is the sole filing organization as a whole. See organization continues to operate. member. These items are described to Disregarded entities under Part VII, Transfers to (or by) a filing organization illustrate special applications of the rule Section A, earlier. by (or to) its disregarded entity aren't to described above that a disregarded be reported in Part II, but transfers by or 10. Part VI, Section B, lines 10a– entity's activities and items must be contractions of a disregarded entity are to 16b. Policies. The organization should reported on the organization's Form 990 be taken into account to determine check “Yes” or “No” based on the filing and applicable schedules. whether a reportable event (based on organization's policies, but for each “Yes” 25% of the filing organization's net 1. Part I, line 5. Number of response, they must report on assets, including those of its disregarded employees. See the instructions for Part Schedule O (Form 990) whether the entities) has occurred. V, lines 1 and 2, below. policy applies to all of the organization's 2. Part I, line 6. Number of disregarded entities (if any). 16. Schedule R (Form 990), Part V, line 2. Transactions with related volunteers. The total number of 11. Part VII, line 1a. Definitions of organizations. Specified payments to a volunteers to be reported can, but isn't key employee and highest disregarded entity by a controlled entity required to, include volunteers of any compensated employee. An officer, of the filing organization, and transfers by disregarded entity. director, trustee, and employee of a a disregarded entity to an exempt 3. Part III. Program service disregarded entity can constitute a key noncharitable entity, are to be reported accomplishments. Consider activities employee or highest compensated on Schedule R (Form 990), Part V, line 2. and accomplishments of all disregarded employee of the filing organization by entities when answering this part. virtue of compensation paid by the Joint Ventures Treated 4. Part IV, line 12. Audited disregarded entity, or the person's financial statements. The organization responsibilities and authority over as a Partnership for shouldn't answer “Yes” to this question operations of the disregarded entity when merely because it received audited compared to the filing organization as a Federal Income Tax financial statements of one or more whole. See the instructions for Form 990, Purposes disregarded entities, if the audited Part VII, Section A. If the organization participates as a financial statements of the organization 12. Part XII, lines 2a–2b. Financial partner or member of a joint venture, weren't audited. statements. If the organization included partnership, LLC, or other entity treated financial information from its disregarded as a partnership for federal tax purposes entity or entities in its financial -84- 2022 Instructions for Form 990 |
Page 85 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. (referred to here as a “joint venture”), as 11. Part IV, lines 34–37. Related as paid pro rata by the organization. The described in Regulations sections organizations and unrelated compensation may need to be reported, 301.7701-1 through 301.7701-3, then the partnerships. See the instructions for however, as compensation from a related organization in general must report the Schedule R in this Appendix, later. organization if the joint venture is a activities of the joint venture as its own 12. Part V, line 3a. Unrelated related organization. activities, and report the joint venture’s business income. Include the 24. Schedule K (Form 990), Part III, revenue, expenses, and assets, to the organization's distributive share (whether line 1. Private business use. Report extent of the organization's proportionate or not distributed) of income or loss of the certain joint ventures that owned property interest in the joint venture. For example, joint venture that is unrelated business financed by tax-exempt bonds. a proportionate share of the political income in determining the organization's 25. Schedule L (Form 990), Parts campaign activity or lobbying activity gross unrelated business income. II–IV. Loans, grants, and business conducted by a joint venture of which the organization is a member must be 13. Part VI. Governance, transactions involving interested reported on Schedule C (Form 990). If management, and disclosure. Don't persons. Report loans, grants, and the joint venture is a member of a second take into account a joint venture for business transactions between the joint venture, which is a member of a third purposes of Part VI (except for lines 16a organization and a joint venture, if the joint venture, etc., the activities similarly and 16b). joint venture is an interested person for pass through all joint ventures to the 14. Part VII. Compensation. See the purposes of Schedule L, and if the organization, according to the instructions for Schedule J in this transaction meets the applicable organization's proportionate share in Appendix, later. reporting thresholds described in the Schedule L instructions. Also report each of the joint ventures. 15. Parts VIII, IX, and X. Financial certain joint ventures with interested The following is a list of special statements. Report in accordance with persons as provided in the Schedule L, instructions for the form and schedules the organization's books and records. Part IV, instructions as business regarding the reporting of a joint venture 16. Part XII. Financial statements transactions themselves. of which the organization is a member. and reporting. Disregard a joint venture. 26. Schedule N (Form 990), Part II. 1. Part I, line 2. Disposition of 25% 17. Schedule C (Form 990). Disposition of 25% of assets. In of assets. See the instructions for Political campaign and lobbying determining whether the organization Schedule N in this Appendix, later. activities. Report the organization's made a disposition of more than 25% of 2. Part I, lines 7a–7b. Unrelated share of political campaign or lobbying its assets, take into account its share of business income. Include the activities conducted by a joint venture. dispositions by a joint venture. organization's distributive share (whether 18. Schedule D (Form 990), Part II. 27. Schedule R (Form 990). Related or not distributed) of income or loss of the Conservation easements. Include organizations. Report relationships with joint venture that is unrelated business conservation easements held by a joint certain joint ventures in Parts III and VI, income in determining the organization's venture formed for the purpose of holding and certain transactions with joint gross and net unrelated business the easements. ventures in Part V. income. 19. Schedule F (Form 990). 3. Part IV, lines 3–5. Political Activities outside the United States. Appendix G. Section campaign and lobbying activities. See Include activities of a joint venture, the instructions for Schedule C in this including grants to organizations or 4958 Excess Benefit Appendix, later. individuals outside the United States. Transactions 4. Part IV, line 7. Conservation 20. Schedule G (Form 990). The intermediate sanction regulations are easements. See the instructions for Fundraising and gaming. Include important to the exempt organization Schedule D in this Appendix, later. activities of a joint venture and the community as a whole, and for ensuring 5. Part IV, lines 14–16. Activities organization's share of revenues and compliance in this area. The rules outside the United States. See the expenses. On Part III, line 12, check provide a roadmap by which an instructions for Schedule F in this “Yes” if the joint venture was formed to organization can steer clear of situations Appendix, later. administer charitable gaming. that may give rise to inurement. 6. Part IV, lines 17–19. 21. Schedule H (Form 990). Under section 4958, any disqualified Fundraising and gaming. See the Hospitals. Report activities, expenses, person who benefits from an excess instructions for Schedule G in this and revenue of hospital facilities and benefit transaction with an applicable Appendix, later. other programs operated by any joint tax-exempt organization is liable for a venture, to the extent of the 25% tax on the excess benefit. The 7. Part IV, line 20. Hospitals. See organization's proportionate interest in disqualified person is also liable for a the instructions for Schedule H in this the joint venture. See the instructions for 200% tax on the excess benefit if the Appendix, later. Schedule H, Part IV, to determine how to excess benefit isn't corrected by a certain 8. Part IV, lines 21–22. Grants in report an organization's interest in joint date. Also, organization managers who the United States. See the instructions ventures and management companies. participate in an excess benefit for Schedule I in this Appendix, later. 22. Schedule I (Form 990). Grants transaction knowingly, willfully, and 9. Part IV, lines 26–28. Loans, in the United States. Include grants without reasonable cause are liable for a grants, and business transactions from a joint venture to organizations, 10% tax on the excess benefit, not to involving interested persons. See the governments, or individuals in the United exceed $20,000 for all participating instructions for Schedule L in this States. managers on each transaction. Appendix, later. 23. Schedule J (Form 990). 10. Part IV, line 32. Disposition of Compensation. If an officer, director, Applicable Tax-Exempt 25% of assets. See the instructions for trustee, or employee of the organization Organization Schedule N in this Appendix, later. receives compensation from a joint venture, the compensation isn't treated These rules only apply to certain applicable section 501(c)(3), 501(c)(4), 2022 Instructions for Form 990 -85- |
Page 86 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. and 501(c)(29) organizations. An • For a transaction involving a donor Facts and circumstances tending to applicable tax-exempt organization is advised fund, a donor or donor advisor show no substantial influence. a section 501(c)(3), 501(c)(4), or 501(c) of that donor advised fund. • The person is an independent (29) organization that is tax exempt under • For a donor advised fund sponsoring contractor whose sole relationship to the section 501(a), or was an organization at organization, an investment advisor of organization is providing professional any time during a 5-year period ending the sponsoring organization. advice (without having decision-making on the day of the excess benefit • For a supported organization of a authority) for transactions from which the transaction. section 509(a)(3) supporting independent contractor won't organization, the disqualified persons of economically benefit. An applicable tax-exempt the section 509(a)(3) supporting • The person has taken a vow of organization doesn't include: organization. poverty. • A private foundation, as defined in • Any preferential treatment the person section 509(a); See the instructions for Form 4720, receives based on the size of the • A governmental entity that is exempt Schedule I, for more information person's donation is also offered to from (or not subject to) taxation without regarding these disqualified persons. others making comparable widely regard to section 501(a) or relieved from solicited donations. filing an annual return under Regulations Who isn't a disqualified person? The section 1.6033-2(g)(6); and rules also clarify which persons aren't • The direct supervisor of the person • Certain foreign organizations. considered to be in a position to exercise isn't a disqualified person. substantial influence over the affairs of an • The person doesn't participate in any An organization isn't treated as a organization. They include: management decisions affecting the section 501(c)(3), 501(c)(4), or 501(c) • An employee who receives benefits organization as a whole or a discrete (29) organization for any period covered that total less than the highly segment of the organization that by a final determination that the compensated amount ($120,000 in represents a substantial portion of the organization wasn't tax exempt under 2015–2018, $125,000 in 2019, $130,000 activities, assets, income, or expenses of section 501(a), so long as the in 2020–2021, and $135,000 in 2022) the organization, as compared to the determination wasn't based on private and who doesn't hold the executive or organization as a whole. inurement or one or more excess benefit voting powers just mentioned, isn't a What about persons who staff affili- transactions. family member of a disqualified person, ated organizations? In the case of and isn't a substantial contributor; multiple affiliated organizations, the Disqualified Person • Tax-exempt organizations described determination of whether a person has Most section 501(c)(3), 501(c)(4), or in section 501(c)(3); and substantial influence is made separately 501(c)(29) organization employees and • Section 501(c)(4) organizations for for each applicable tax-exempt independent contractors won't be transactions engaged in with other organization. A person may be a affected by these rules. Only the few section 501(c)(4) organizations. disqualified person for more than one influential persons within these Who else can be considered a dis- organization in the same transaction. organizations are covered by these rules qualified person? Other persons not when they receive benefits, such as described above can also be considered Excess Benefit compensation, fringe benefits, or disqualified persons, depending on all Transaction contract payments. The IRS calls this the relevant facts and circumstances. An excess benefit transaction is class of covered individuals disqualified Facts and circumstances tending to generally a transaction in which an persons. show substantial influence. economic benefit is provided by an A disqualified person, regarding any • The person founded the organization. applicable tax-exempt organization, transaction, is any person who was in a • The person is a substantial contributor directly or indirectly, to or for the use of position to exercise substantial influence to the organization under the section any disqualified person, and the value over the affairs of the applicable 507(d)(2)(A) definition, only taking into of the economic benefit provided by the tax-exempt organization at any time account contributions to the organization applicable tax-exempt organization during a 5-year period ending on the date for the past 5 years. exceeds the value of the consideration of the transaction. Persons who hold • The person's compensation is (including the performance of services) certain powers, responsibilities, or primarily based on revenues derived from received for providing the benefit, but see interests are among those who are in a the activities of the organization that the the special rules below for donor position to exercise substantial influence person controls. advised funds and supporting over the affairs of the organization. This • The person has or shares authority to organizations. An excess benefit would include, for example, voting control or determine a substantial portion transaction can also occur when a members of the governing body, and of the organization's capital expenditures, disqualified person embezzles from the persons holding the power of the operating budget, or compensation for exempt organization. following. employees. • Presidents, CEOs, or chief operating • The person manages a discrete To determine whether an excess officers. segment or activity of the organization benefit transaction has occurred, all • Treasurers and chief financial officers. that represents a substantial portion of consideration and benefits exchanged A disqualified person also includes the activities, assets, income, or between a disqualified person and the certain family members of a disqualified expenses of the organization, as applicable tax-exempt organization, and person, and 35% controlled entities of compared to the organization as a whole. all entities it controls, are taken into a disqualified person. • The person owns a controlling interest account. (measured by either vote or value) in a For purposes of determining the value The following persons are considered corporation, partnership, or trust that is a of economic benefits, the value of disqualified persons for the following disqualified person. property, including the right to use organizations, along with certain family • The person is a nonstock organization property, is the FMV FMV. is the price at members and 35% controlled entities controlled directly or indirectly by one or which property, or the right to use associated with them. more disqualified persons. property, would change hands between a -86- 2022 Instructions for Form 990 |
Page 87 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. willing buyer and a willing seller, neither compensation payments or other Items of compensation include the being under any compulsion to buy, sell, payments to a disqualified person during following. or transfer property or the right to use the disqualified person's tax year, any • All forms of cash and noncash property, and both having reasonable excess benefit transaction for these compensation, including salary, fees, knowledge of relevant facts. payments occurs on the last day of the bonuses, severance payments, and disqualified person’s tax year. deferred and noncash compensation. Donor advised funds. For a donor advised fund, an excess benefit In the case of the transfer of property • The payment of liability insurance transaction includes a grant, loan, subject to a substantial risk of forfeiture, premiums for, or the payment or compensation, or similar payment from or in the case of rights to future reimbursement by the organization of the fund to a: compensation or property, the taxes or certain expenses under section • Donor or donor advisor, transaction occurs on the date the 4958, unless excludable from income as • Family member of a donor or donor property, or the rights to future a de minimis fringe benefit under section advisor, compensation or property, isn't subject to 132(a)(4). (A similar rule applies in the • 35% controlled entity of a donor or a substantial risk of forfeiture. Where the private foundation area.) Inclusion in donor advisor, or disqualified person elects to include an compensation for purposes of • 35% controlled entity of a family amount in gross income in the tax year of determining reasonableness under member of a donor or donor advisor. transfer under section 83(b), the excess section 4958 doesn't control inclusion in benefit transaction occurs on the date the income for income tax purposes. For these transactions, the excess • All other compensatory benefits, disqualified person receives the benefit is defined as the amount of the whether or not included in gross income economic benefit for federal income tax grant, loan, compensation, or similar for income tax purposes. purposes. payment. For additional information, see • Taxable and nontaxable fringe the Instructions for Form 4720. Section 4958 applies only to benefits, except fringe benefits described post-September 1995 transactions. Supporting organizations. For any in section 132. Section 4958 applies the general rules to supporting organization defined in • Foregone interest on loans. excess benefit transactions occurring on section 509(a)(3), an excess benefit Written intent required to treat bene- or after September 14, 1995. Section transaction includes grants, loans, fits as compensation. An economic 4958 doesn't apply to any transaction compensation, or similar payment benefit isn't treated as consideration for occurring pursuant to a written contract provided by the supporting organization the performance of services unless the that was binding on September 13, 1995, to a: organization providing the benefit clearly and at all times thereafter before the • Substantial contributor, indicates its intent to treat the benefit as transaction occurs. The special rules • Family member of a substantial compensation when the benefit is paid. relevant to transactions with donor contributor, advised funds and supporting An applicable tax-exempt organization • 35% controlled entity of a substantial organizations apply to transactions (or entity that it controls) is treated as contributor, or occurring after August 17, 2006, except clearly indicating its intent to provide an • 35% controlled entity of a family that taxes on certain transactions economic benefit as compensation for member of a substantial contributor. between supporting organizations and services only if the organization provides Additionally, an excess benefit their substantial contributors apply to written substantiation that is transaction includes any loans provided transactions occurring on or after July 25, contemporaneous with the transfer of the by the supporting organization to a 2006. economic benefits under consideration. disqualified person (other than an Ways to provide contemporaneous organization described in section 509(a) What Is Reasonable written substantiation of its intent to (1), (2), or (4)). provide an economic benefit as A substantial contributor is any person Compensation? compensation include the following. who contributed or bequeathed an Reasonable compensation is the • The organization produces a signed aggregate of more than $5,000 to the valuation standard that is used to written employment contract. organization, if that amount is more than determine if there is an excess benefit in • The organization reports the benefit as 2% of the total contributions and the exchange of a disqualified person's compensation on an original Form W-2, bequests received by the organization services for compensation. Reasonable Form 1099, or Form 990, or on an before the end of the tax year of the compensation is the value that would amended form filed before the start of an organization in which the contribution or ordinarily be paid for like services by like IRS examination. bequest is received by the organization enterprises under like circumstances. • The disqualified person reports the from the person. A substantial contributor This is the section 162 standard that will benefit as income on the person's original includes the grantor of a trust. apply in determining the reasonableness Form 1040 or 1040-SR or on an The excess benefit for substantial of compensation. The fact that a bonus or amended form filed before the start of an contributors and parties related to those revenue-sharing arrangement is subject IRS examination. contributors includes the amount of the to a cap is a relevant factor in grant, loan, compensation, or similar determining the reasonableness of Exception. To the extent the economic payment. For additional information, see compensation. benefit is excluded from the disqualified the Instructions for Form 4720. For determining the reasonableness person's gross income for income tax When does an excess benefit trans- of compensation, all items of purposes, the applicable tax-exempt action usually occur? For federal compensation provided by an applicable organization isn't required to indicate its income tax purposes, an excess benefit tax-exempt organization in exchange for intent to provide an economic benefit as transaction occurs on the date the the performance of services are taken compensation for services, for example, disqualified person receives the into account in determining the value of employer-provided health benefits and economic benefit from the organization. compensation (except for certain contributions to qualified plans under However, when a single contractual economic benefits that are disregarded, section 401(a). arrangement provides for a series of as discussed in What benefits are disregarded? in this Appendix, later). 2022 Instructions for Form 990 -87- |
Page 88 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. What benefits are disregarded? The substantial nonperformance) and without complete within a reasonable time following economic benefits are substantial penalty, is treated as a new thereafter. disregarded for purposes of section contract, as of the earliest date that any 4958. termination or cancellation would be Special rebuttable presumption rule • Nontaxable fringe benefits. An effective. Also, a contract in which there for nonfixed payments. As a general economic benefit that is excluded from is a material change, which includes an rule, in the case of a nonfixed payment, income under section 132. extension or renewal of the contract no rebuttable presumption arises until the • Benefits to volunteers. An economic (except for an extension or renewal exact amount of the payment is benefit provided to a volunteer for the resulting from the exercise of an option determined, or a fixed formula for organization if the benefit is provided to by the disqualified person), or a more calculating the payment is specified, and the general public in exchange for a than incidental change to the amount the three requirements creating the membership fee or contribution of $75 or payable under the contract, is treated as presumption have been satisfied. less per year. a new contract as of the effective date of However, if the authorized body • Benefits to members or donors. An the material change. Treatment as a new approves an employment contract with a economic benefit provided to a member contract can cause the contract to fall disqualified person that includes a of an organization due to the payment of outside the initial contract exception, and nonfixed payment (for example, a membership fee, or to a donor as a it would thus be tested under the FMV discretionary bonus) with a specified cap result of a deductible contribution, if a standards of section 4958. on the amount, the authorized body can significant number of nondisqualified establish a rebuttable presumption as to persons make similar payments or Rebuttable Presumption the nonfixed payment when the employment contract is entered into by, contributions and are offered a similar of Reasonableness in effect, assuming that the maximum economic benefit. • Benefits to a charitable beneficiary. An Payments under a compensation amount payable under the contract will economic benefit provided to a person arrangement are presumed to be be paid, and satisfying the requirements solely as a member of a charitable class reasonable and the transfer of property giving rise to the rebuttable presumption that the applicable tax-exempt (or right to use property) is presumed to for that maximum amount. organization intends to benefit as part of be at FMV, if the following three the accomplishment of its exempt conditions are met. An IRS challenge to the presumption of reasonableness. The IRS can refute purpose. 1. The transaction is approved by an the presumption of reasonableness only • Benefits to a governmental unit. A authorized body of the organization (or if it develops sufficient contrary evidence transfer of an economic benefit to or for an entity it controls), which is composed to rebut the probative value of the the use of a governmental unit, as of individuals who don't have a conflict of comparability data relied upon by the defined in section 170(c)(1), if exclusively interest concerning the transaction. authorized body. This provision gives for public purposes. 2. Before making its determination, taxpayers added protection if they Is there an exception for initial con- the authorized body obtained and relied faithfully find and use contemporaneous tracts? Section 4958 doesn't apply to upon appropriate data as to persuasive comparability data when they any fixed payment made to a person comparability. There is a special safe provide the benefits. pursuant to an initial contract. This is a harbor for small organizations. If the Organizations that don't establish a very important exception, because it organization has gross receipts of less presumption of reasonableness. An would potentially apply, for example, to than $1 million, appropriate comparability organization can still comply with section all initial contracts with new, previously data includes data on compensation paid 4958 even if it didn't establish a unrelated officers and contractors. by three comparable organizations in the presumption of reasonableness. In some same or similar communities for similar cases, an organization may find it An initial contract is a binding written services. impossible or impracticable to fully contract between an applicable tax-exempt organization and a person 3. The authorized body adequately implement each step of the rebuttable who wasn't a disqualified person documents the basis for its determination presumption process. In those cases, the immediately before entering into the concurrently with making that organization should try to implement as contract. determination. The documentation many steps as possible, in whole or in should include: part, in order to substantiate the A fixed payment is an amount of cash or other property specified in the a. The terms of the approved reasonableness of benefits as timely and contract, or determined by a fixed transaction and the date approved; as well as possible. If an organization formula that is specified in the contract, b. The members of the authorized doesn't satisfy the requirements of the which is to be paid or transferred in body who were present during debate on rebuttable presumption of exchange for the provision of specified the transaction that was approved and reasonableness, a facts and services or property. those who voted on it; circumstances approach will be followed, using established rules for determining A fixed formula can, in general, c. The comparability data obtained reasonableness of compensation and incorporate an amount that depends and relied upon by the authorized body benefit deductions in a manner similar to upon future specified events or and how the data was obtained; the established procedures for section contingencies, as long as no one has d. Any actions by a member of the 162 business expenses. discretion when calculating the amount of authorized body having a conflict of a payment or deciding whether to make a interest; and Section 4958 Taxes payment (such as a bonus). e. Documentation of the basis for the Tax on disqualified persons. An Treatment as new contract. A binding determination before the later of the next excise tax equal to 25% of the excess written contract, providing that it can be meeting of the authorized body or 60 benefit is imposed on each excess terminated or canceled by the applicable days after the final actions of the benefit transaction between an tax-exempt organization without the other authorized body are taken, and approval applicable tax-exempt organization party's consent (except as a result of of records as reasonable, accurate, and and a disqualified person. The -88- 2022 Instructions for Form 990 |
Page 89 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. disqualified person who benefited from having reason to know. The organization Insufficient payment. If the payment the transaction is liable for the tax. If the manager won’t ordinarily be considered resulting from the return of the property is 25% tax is imposed and the excess knowing if, after full disclosure of the less than the correction amount, the benefit transaction isn't corrected within factual situation to an appropriate disqualified person must make an the tax period, an additional excise tax professional, the organization manager additional cash payment to the equal to 200% of the excess benefit is relied on the professional's reasoned organization equal to the difference. imposed. written opinion on matters within the If a disqualified person makes a professional's expertise or if the manager Excess payment. If the payment payment of less than the full correction relied on the fact that the requirements resulting from the return of the property amount, the 200% tax is imposed only on for the rebuttable presumption of exceeds the correction amount described the unpaid portion of the correction reasonableness have been satisfied. above, the organization can make a cash amount. If more than one disqualified Participation by an organization manager payment to the disqualified person equal person received an excess benefit from is willful if it is voluntary, conscious, and to that difference. an excess benefit transaction, all the intentional. An organization manager's disqualified persons are jointly and participation is due to reasonable cause if Churches and Section severally liable for the taxes. the manager has exercised responsibility 4958 on behalf of the organization with To avoid the imposition of the 200% ordinary business care and prudence. The regulations make it clear that the IRS tax, a disqualified person must correct will apply the procedures of section 7611 the excess benefit transaction during the Correcting an Excess when initiating and conducting any tax period. The tax period begins on the inquiry or examination into whether an date the transaction occurs and ends on Benefit Transaction excess benefit transaction has occurred the earlier of the date the statutory notice A disqualified person corrects an between a church and a disqualified of deficiency is issued or the section excess benefit transaction by undoing person. 4958 taxes are assessed. This 200% tax the excess benefit to the extent possible, can be abated if the excess benefit and by taking any additional measures Revenue-Sharing transaction is subsequently corrected necessary to place the organization in a Transactions during a 90-day correction period. financial position not worse than that in Tax on organization managers. An which it would be if the disqualified Proposed intermediate sanction excise tax equal to 10% of the excess person were dealing under the highest regulations were issued in 1998. The benefit can be imposed on the fiduciary standards. The organization proposed regulations had special participation of an organization manager isn't required to rescind the underlying provisions covering “any transaction in in an excess benefit transaction between agreement; however, the parties may which the amount of any economic an applicable tax-exempt organization need to modify an ongoing contract for benefit provided to or for the use of a and a disqualified person. This tax, which future payments. disqualified person is determined in whole or in part by the revenues of one or can't exceed $20,000 for any single more activities of the organization” — transaction, is only imposed if the 25% A disqualified person corrects an tax is imposed on the disqualified person, excess benefit by making a payment in so-called revenue-sharing transactions. the organization manager knowingly cash or cash equivalents equal to the Rather than setting forth additional rules participated in the transaction, and the correction amount to the applicable on revenue-sharing transactions, the final manager's participation was willful and tax-exempt organization. The correction regulations reserve this section. not due to reasonable cause. There is amount equals the excess benefit plus Consequently, until the IRS issues new also joint and several liability for this tax. the interest on the excess benefit; the regulations for this reserved section on An organization manager can be liable interest rate can be no lower than the revenue-sharing transactions, these for both the tax on disqualified persons applicable federal rate. There is an transactions will be evaluated under the and on organization managers in anti-abuse rule to prevent the disqualified general rules (for example, the FMV appropriate circumstances. person from effectively transferring standards) that apply to all contractual property other than cash or cash arrangements between applicable An organization manager is any equivalents. tax-exempt organizations and their officer, director, or trustee of an disqualified persons. applicable tax-exempt organization, or Exception. For a correction of an any individual having powers or excess benefit transaction described Revocation of responsibilities similar to officers, under Donor advised funds, earlier, no Exemption and Section directors, or trustees of the organization, amount repaid in a manner prescribed by regardless of title. An organization the IRS can be held in a donor advised 4958 manager isn't considered to have fund. Section 4958 doesn't affect the participated in an excess benefit 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 2022 Instructions for Form 990 -89- |
Page 90 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. determining whether to revoke an • IRS.gov/ITA: The Interactive Tax Schedule J (Form 990). Compensation applicable tax-exempt organization's Assistant, a tool that will ask you Information. exemption status where an excess questions and, based on your input, benefit transaction has occurred. provide answers on a number of tax law Schedule K (Form 990). Supplemental • The size and scope of the topics. Information on Tax-Exempt Bonds. organization's regular and ongoing • IRS.gov/Forms: Find forms, Schedule L (Form 990). Transactions activities that further exempt purposes instructions, and publications. You will With Interested Persons. before and after the excess benefit find details on the most recent tax transaction or transactions occurred. changes and interactive links to help you Schedule M (Form 990). Noncash • The size and scope of the excess find answers to your questions. Contributions. benefit transaction or transactions • The Online EIN Application IRS.gov/ ( Schedule N (Form 990). Liquidation, (collectively, if more than one) in relation EIN) helps you get an employer Termination, Dissolution, or Significant to the size and scope of the identification number (EIN) at no cost. Disposition of Assets. organization's regular and ongoing • You may also be able to access tax activities that further exempt purposes. law information in your electronic filing Schedule O (Form 990). Supplemental • Whether the organization has been software. Information to Form 990 or 990-EZ. involved in multiple excess benefit Schedule R (Form 990). Related Getting tax forms and publications. transactions with one or more persons. Organizations and Unrelated Go to IRS.gov/Forms to view, download, • Whether the organization has Partnerships. or print all of the forms, instructions, and implemented safeguards that are publications you may need. Or, you can reasonably calculated to prevent excess Forms W-2 and W-3. Wage and Tax go to IRS.gov/OrderForms to place an benefit transactions. Statement; and Transmittal of Wage and order. • Whether the excess benefit Tax Statements. transaction has been corrected, or the Getting tax publications and instruc- Form W-9. Request for Taxpayer organization has made good faith efforts tions in eBook format. You can also Identification Number and Certification. to seek correction from the disqualified download and view popular tax person(s) who benefited from the excess publications and instructions (including Form 720. Quarterly Federal Excise Tax benefit transaction. the Instructions for Form 1040) on mobile Return. devices as eBooks at IRS.gov/eBooks. The Patient-Centered Outcomes Note. IRS eBooks have been tested Appendix H. Forms and ! Research fee is imposed on Publications To File or using Apple's iBooks for iPad. Our CAUTION issuers of specified health eBooks haven’t been tested on other insurance policies (section 4375) and Use dedicated eBook readers, and eBook plan sponsors of applicable self-insured functionality may not operate as health plans (section 4376) for policy and How To Get Forms and intended. plan years ending on or after October 1, 2012. See Form 720 and section 4376 for Publications Phone. If you have questions and/or more information. Internet. You can access the need help completing Form 990 or Form IRS website at IRS.gov 24 hours 990-EZ, call 877-829-5500. This toll-free a day, 7 days a week to: telephone service is available Monday In addition to various federal excise taxes through Friday. that are paid with the filing of Form 720, • Download forms, including talking tax the Patient-Centered Outcomes forms, instructions, and publications; Other Forms That May Be Research fee that is imposed on issuers • Order IRS products online; of specified health insurance policies and • Research your tax questions online; Required plan sponsors of applicable self-insured • Search publications online by topic or Schedule A (Form 990). Public Charity health plans is payable annually and keyword; Status and Public Support. reported on the Form 720 that is filed for • Use the online Internal Revenue Code, the second quarter of each year, which is regulations, or other official guidance; Schedule B (Form 990). Schedule of due no later than July 31 of the calendar • View Internal Revenue Bulletins (IRBs) Contributors. year immediately following the last day of published in the last few years; and Schedule C (Form 990). Political the policy year or plan year to which the • Sign up to receive local and national Campaign and Lobbying Activities. fee applies. tax news by email. Form 926. Return by a U.S. Transferor Schedule D (Form 990). Supplemental Financial Statements. of Property to a Foreign Corporation. How To Get Tax Help Form 940. Employer's Annual Federal Schedule E (Form 990). Schools. Unemployment (FUTA) Tax Return. Coronavirus. Go to IRS.gov/ Schedule F (Form 990). Statement of Coronavirus for links to information on the Activities Outside the United States. Form 941. Employer's QUARTERLY impact of the coronavirus, as well as tax Federal Tax Return. Used to report social relief available for individuals and Schedule G (Form 990). Supplemental security, Medicare, and income taxes families, small and large businesses, and Information Regarding Fundraising or withheld by an employer and social tax-exempt organizations. Gaming Activities. security and Medicare taxes paid by an Getting answers to your tax ques- Schedule H (Form 990). Hospitals. employer. tions. On IRS.gov, you can get Schedule I (Form 990). Grants and Form 943. Employer's Annual Federal up-to-date information on current events Other Assistance to Organizations, Tax Return for Agricultural Employees. and changes in tax law. Governments, and Individuals in the Form 990-T. Exempt Organization • IRS.gov/Help: A variety of tools to help United States. Business Income Tax Return. Filed you get answers to some of the most separately for organizations subject to common tax questions. UBTI that have total gross income from -90- 2022 Instructions for Form 990 |
Page 91 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. all of their unrelated trades or received as a nominee on behalf of the charitable deduction property within 3 businesses of $1,000 or more for the tax another person. years after the date that the donor gave year. The Form 990-T is also filed to pay the property to the original donee. It Form 1120-POL. U.S. Income Tax the section 6033(e)(2) proxy tax. For doesn't matter who gave the property to Return for Certain Political Organizations. Form 990, see Part V, line 3, and its the successor donee. It may have been instructions; for Form 990-EZ, see Part V, Form 1128. Application To Adopt, the original donee or another successor line 35, and its instructions. Change, or Retain a Tax Year. donee. Form 990-W. Estimated Tax on Form 2848. Power of Attorney and Form 8283. Noncash Charitable Unrelated Business Taxable Income for Declaration of Representative. Contributions. Tax-Exempt Organizations. Form 3115. Application for Change in Form 8300. Report of Cash Payments Form 1023. Application for Recognition Accounting Method. Over $10,000 Received in a Trade or of Exemption Under Section 501(c)(3) of Form 3520. Annual Return To Report Business. Used to report cash amounts the Internal Revenue Code. Transactions With Foreign Trusts and in excess of $10,000 that were received Form 1023-EZ. Streamlined Application Receipt of Certain Foreign Gifts. in a single transaction (or in two or more related transactions) in the course of a for Recognition of Exemption Under Form 4506. Request for Copy of Tax trade or business (as defined in section Section 501(c)(3) of the Internal Revenue Return. 162). Code. Form 4506-A. Request for a Copy of However, if the organization receives Form 1024. Application for Recognition Exempt or Political Organization IRS a charitable cash contribution in excess of Exemption Under Section 501(a). Form. of $10,000, it isn't subject to the reporting requirement since the funds weren't 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 4720. Return of Certain Excise Form 8328. Carryforward Election of 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 Form 1041. U.S. Income Tax Return for Corporations. Request. 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 However, if the trust doesn't have any funded deferred compensation plans are Form 8822-B. Change of Address or taxable income under subtitle A of the generally required to file Form 5500. This Responsible Party—Business. Used to Code, it can file Form 990 or 990-EZ, and requirement applies whether or not the notify the IRS of a change in mailing doesn't have to file Form 1041 to meet its plan is qualified under the Internal address that occurs after the return is section 6012 filing requirement. If this Revenue Code and whether or not a filed. condition is met, complete Form 990 or deduction is claimed for the current tax Form 8868. Application for Automatic 990-EZ, and don't file Form 1041. year. Extension of Time To File an Exempt Form 1096. Annual Summary and Form 5578. Annual Certification of Organization Return. Transmittal of U.S. Information Returns. Racial Nondiscrimination for a Private Form 8870. Information Return for Form 1098 series. Information returns School Exempt From Federal Income Transfers Associated With Certain to report mortgage interest, student loan Tax. 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 of, those contracts. Form 1099 series. Information returns Form 7004. Application for Automatic to report acquisitions or abandonments of Extension of Time To File Certain Form 8871. Political Organization secured property; proceeds from broker Business Income Tax, Information, and Notice of Section 527 Status. and barter exchange transactions; Other Returns. Form 8872. Political Organization cancellation of debt; dividends and distributions; certain government and Form 8038 series. Tax-exempt bonds. Report of Contributions and Expenditures. state qualified tuition program payments; Form 8274. Certification by Churches 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 Form 8886-T. Disclosure by miscellaneous income payments; Taxes. Tax-Exempt Entity Regarding Prohibited distributions from an HSA, Archer MSA, or Medicare Advantage MSA; original Form 8282. Donee Information Return. Tax Shelter Transaction. issue discount; distributions from Required of the donee of charitable Form 8899. Notice of Income From pensions, annuities, retirement or deduction property who sells, Donated Intellectual Property. Used to profit-sharing plans, IRAs, insurance exchanges, or otherwise disposes of report net income from qualified contracts, etc.; and proceeds from real donated property within 3 years after intellectual property to the IRS and the estate transactions. Also, use certain of receiving it. The form is also required of donor. these returns to report amounts that were any successor donee who disposes of 2022 Instructions for Form 990 -91- |
Page 92 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 8940. Request for Miscellaneous Pub. 946. How To Depreciate Property. 990 or 990-EZ when filed with the IRS Determination. may not apply when using Form 990 or Pub. 1771. Charitable 990-EZ in place of state or local report Form 8963. Report of Health Insurance Contributions—Substantiation and forms. Examples of the IRS dollar Provider Information. Disclosure Requirements. limitations that don't meet some state Form 8976. Notice of Intent to Operate Pub. 1828. Tax Guide for Churches and requirements are the normally $50,000 Under Section 501(c)(4). Religious Organizations. gross receipts minimum that creates an obligation to file with the IRS and the Form SS-4. Application for Employer Pub. 3079. Tax-Exempt Organizations $100,000 minimum for listing Identification Number. and Gaming. independent contractors on Form 990, FinCEN Form 114. Report of Foreign Pub. 3386. Tax Guide for Veterans' Part VII, Section B. Bank and Financial Accounts. Organizations. Additional information may be re- Pub. 3833. Disaster Relief, Providing quired. State or local filing requirements Helpful Publications Assistance Through Charitable can require the organization to attach to Pub. 15. (Circular E), Employer's Tax Organizations. Form 990 or 990-EZ one or more of the following. Guide. Pub. 4220. Applying for 501(c)(3) • Additional financial statements, such Trust Fund Recovery Penalty. Tax-Exempt Status. as a complete analysis of functional ! If certain excise, income, social Pub. 4221-PC. Compliance Guide for expenses or a statement of changes in CAUTION security, and Medicare taxes that net assets. 501(c)(3) Public Charities. must be collected or withheld aren't • Notes to financial statements. collected or withheld, or these taxes Pub. 4221-PF. Compliance Guide for • Additional financial statements. aren't paid to the IRS, the trust fund 501(c)(3) Private Foundations. • A report on the financial statements by recovery penalty can apply. The trust Pub. 4302. A Charity's Guide to Vehicle an independent accountant. fund recovery penalty can be imposed on Donation. • Answers to additional questions and all persons (including volunteers) who the other information. IRS determines were responsible for Pub. 4303. A Donor's Guide to Vehicle collecting, accounting for, and paying Donation. Each jurisdiction can require the additional material to be presented on over these taxes, and who acted willfully Pub. 4386. Compliance Checks. forms they provide. The additional in not doing so. Pub. 4573. Group Exemptions. information shouldn't be submitted with the Form 990 or 990-EZ filed with the This penalty doesn't apply to volunteer IRS, unless included on Schedule O unpaid members of any board of trustees Appendix I. Use of Form (Form 990). or directors of a tax-exempt organization, 990 or 990-EZ To Satisfy Even if the Form 990 or 990-EZ that if these members are solely serving in an the organization files with the IRS is honorary capacity, don't participate in the State Reporting accepted by the IRS as complete, a copy day-to-day or financial activities of the of the same return filed with a state won't organization, and don't have actual Requirements knowledge of the failure to collect, Some states and local governmental fully satisfy that state's filing requirement account for, and pay over these taxes. units will accept a copy of Form 990 or if (1) required information isn't provided, However, the preceding sentence 990-EZ in place of all or part of their own including any of the additional information doesn't apply if it results in no person financial report forms. The substitution discussed in this Appendix; or (2) the being liable for the penalty. applies primarily to section 501(c)(3) state determines that the form wasn't organizations, but some other types of completed by following the applicable The penalty is equal to the unpaid trust section 501(c) organizations are also Form 990 or 990-EZ instructions or fund tax. See Pub. 15 (Circular E) for affected. If the organization uses Form supplemental state instructions. In that more details, including the definition of 990 or 990-EZ to satisfy state or local case, the state may ask the organization responsible persons. filing requirements, such as those under to provide the missing information or to state charitable solicitation acts, note the submit an amended return. Pub. 15-A. Employer's Supplemental following discussions. Use of audit guides may be required. Tax Guide. Determine state filing requirement. To ensure that all organizations report Pub. 463. Travel, Gift, and Car The organization can consult the similar transactions uniformly, many Expenses. appropriate officials of all states and states require that contributions, gifts, Pub. 525. Taxable and Nontaxable other jurisdictions in which it does grants, similar amounts, and functional Income. business to determine their specific filing expenses be reported according to the requirements. Doing business in a AICPA Audit and Accounting Guide, Pub. 526. Charitable Contributions. jurisdiction can include: Not-for-Profit Entities (2018), Pub. 538. Accounting Periods and • Soliciting contributions or grants by supplemented, as applicable, by the Methods. mail or otherwise from individuals, Standards of Accounting and Financial businesses, or other charitable Reporting for Voluntary Health and Pub. 557. Tax-Exempt Status for Your organizations; Welfare Organizations issued jointly by Organization. • Conducting programs; the National Health Council, Inc., the Pub. 561. Determining the Value of • Having employees within that National Assembly of Voluntary Health Donated Property. jurisdiction; and Social Welfare Organizations, and • Maintaining a checking account; or the United Way of America (1998). Pub. 598. Tax on Unrelated Business • Owning or renting property there. Donated services and facilities. Even Income of Exempt Organizations. Monetary tests can differ. Some or all though donated services and facilities Pub. 892. How to Appeal an IRS of the dollar limitations applicable to Form may be reported as items of revenue and Decision on Tax-Exempt Status. expense in certain circumstances, many -92- 2022 Instructions for Form 990 |
Page 93 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. states and the IRS don't permit the • Dues statements, organization must file Form 8899 for any inclusion of those amounts in Parts VIII • Fundraising solicitations, tax year that includes any part of the and IX of Form 990, Part I of Form • Tickets, 10-year period beginning on the date of 990-EZ, or (except for donations by a • Receipts, or contribution but not for any tax years in governmental unit) in Schedule A (Form • Other evidence of payments received which the legal life of the qualified 990). The optional reporting of donated in connection with fundraising activities. intellectual property has expired or the services and facilities is discussed in the property failed to produce net income. instructions for Part III of Form 990. IF... THEN... A donee organization reports all income from donated qualified Amended returns. If the organization the it must keep samples of the intellectual property as income other than submits supplemental information or files organization advertising copy. an amended Form 990 or 990-EZ with advertises its contributions (for example, royalty the IRS, it must also send a copy of the fundraising income from a patent). A donee isn't information or amended return to any events required to report as contributions on Form 990 (including statements) any of state with which it filed a copy of Form the it must keep samples of scripts, the additional deductions claimed by 990 or 990-EZ originally to meet that organization transcripts, printouts of emails state's filing requirement. If a state uses radio, and web pages, or other donors under section 170(m)(1). See requires the organization to file an television, or evidence of solicitations in the Pub. 526. amended Form 990 or 990-EZ to correct Internet to media. Motor vehicles, boats, and conflicts with the Form 990 or 990-EZ solicit airplanes. Special rules apply to instructions, the organization must also contributions charitable contributions of motor file an amended return with the IRS. the it must keep samples of the vehicles, boats, or airplanes with a Method of accounting. Most states organization fundraising materials used by claimed value of more than $500. See uses outside the outside fundraisers. Form 990, Part V, line 7h; section 170(f) require that all amounts be reported fundraisers (12); Pub. 4302, A Charity’s Guide to based on the accrual method of Vehicle Donation; and the Instructions for accounting. See also General Instruction Form 1098-C, Contributions of Motor D, earlier. For each fundraising event, the Vehicles, Boats, and Airplanes. Time for filing can differ. The deadline organization must keep records to show for filing Form 990 or 990-EZ with the IRS the portion of any payment received from Substantiation and disclosure differs from the time for filing reports with patrons that isn't deductible; that is, the requirements for charitable some states. retail value of the goods or services contributions. received by the patrons. See Disclosure Recordkeeping for cash, check, or Public inspection. The Form 990 or statement for quid pro quo contributions, other monetary charitable gifts. To 990-EZ information made available for later. deduct a contribution of a cash, check, or public inspection by the IRS can differ from that made available by the states. Noncash contributions. Form 990 other monetary gift (regardless of the schedules. An organization may be amount), a donor must maintain a bank Appendix J. required to file Schedule M to report record or a written communication from certain noncash (property) contributions; the donee organization showing the Contributions see the instructions for Schedule M on donee's name, date, and amount of the This Appendix discusses certain federal who must file. Also, an organization that contribution. See section 170(f)(17) and tax rules that apply to exempt files Schedule B must report certain Regulations section 1.170A-15 for more organizations and donors for information on noncash contributions. information. In the case of a text message contribution, the donor's phone contributions. See also Pub. 526, Dispositions of donated property. bill meets the section 170(f)(17) Charitable Contributions; and Pub. 1771, If an organization receives a charitable recordkeeping requirement of a reliable Charitable Contributions—Substantiation contribution of property and within 3 written record if it shows the name of the and Disclosure Requirements. years sells, exchanges, or otherwise donee organization and the date and Schedule B (Form 990). Many disposes of the property, the organization amount of contribution. organizations that file Form 990, 990-EZ, may need to file Form 8282, Donee or 990-PF must file Schedule B to report Information Return. See Form 990, Part Acknowledgment to substantiate on tax-deductible and non-tax-deductible V, lines 7c and 7d. charitable contributions. A donee organization should be aware that a contributions. See Schedule B and its Donated property over $5,000. If the donor of a charitable contribution of $250 instructions to determine whether organization received from a donor a or more (including a contribution of Schedule B must be filed, and for the partially completed Form 8283, Noncash unreimbursed expenses) can't take an public inspection rules applicable to that Charitable Contributions, the donee income tax deduction unless the donor form. organization should generally complete obtains the organization’s the Form 8283 and return it so the donor acknowledgment to substantiate the Solicitation of nondeductible contri- can get a charitable contribution charitable contribution. See section bution. See the instructions for Form deduction. The organization should keep 170(f)(8) and Regulations section 990, Part V, lines 6a and 6b, for rules on a copy for its records. See Form 8283 for 1.170A-13(f). A charitable organization public notice of nondeductibility when more details. that receives a payment made as a soliciting nondeductible contributions. Qualified intellectual property. An contribution is treated as the donee Keeping fundraising records for organization described in section 170(c) organization for this purpose even if the tax-deductible contributions. A (except a private foundation) that organization (according to the donor’s section 501(c) organization that is eligible receives or accrues net income from a instructions or otherwise) distributes the to receive tax-deductible contributions qualified intellectual property contribution amount received to one or more charities. under section 170(c) must keep sample must file Form 8899, Notice of Income copies of its fundraising materials, such From Donated Intellectual Property. See The organization's acknowledgment as: Form 990, Part V, line 7g. The must: 2022 Instructions for Form 990 -93- |
Page 94 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Be written; The organization’s disclosure The dollar amounts given above 2. Be contemporaneous; statement must: ! are applicable to tax year 2022 3. State the amount of any cash it 1. Be written; CAUTION under Rev. Proc. 2021-45, 2021-48 I.R.B.764, section 3.34. They received; 2. Estimate in good faith the value of are adjusted annually for inflation. 4. State: the organization’s goods or services given in return for the donor’s When a donee organization provides a. Whether the organization gave the contribution; a donor only with goods or services donor any intangible religious benefits (no valuation needed), and 3. Describe, but need not value, having insubstantial value under Rev. certain goods or services given to the Proc. 2021-45 (and any successor b. Whether the organization gave the donor’s employees or partners; and documents), the contemporaneous donor any goods or services in return for written acknowledgment may indicate the donor’s contribution (a quid pro quo 4. Inform the donor that a charitable contribution); and contribution deduction is limited as that no goods or services were provided follows. in exchange for the donor’s payment. 5. Describe goods or services the Certain membership benefits. Other organization: Donor’s contribution goods or services that are disregarded a. Received (no valuation needed), Less for substantiation and disclosure and The organization’s money, goods, and purposes are annual membership services given in return benefits offered to a taxpayer in b. Gave (good faith estimate of value Equals exchange for a payment of $75 or less needed). Donor’s deductible charitable per year that consist of: If the organization accepts a contribution. 1. Any rights or privileges that the contribution in the name of one of its Exceptions. No disclosure statement taxpayer can exercise frequently during activities or programs, then indicate the is required if the organization gave only: the membership period such as: organization's name in the 1. Goods or services with a. Free or discounted admission to acknowledgment as well as the insubstantial value, the organization's facilities or events, or program's name. For example: “Thank 2. Certain membership benefits, you for your contribution of $300 to b. Free or discounted parking; or (organization's name) made in the name 3. Goods or services described in (1) 2. Admission to events that are: of our Special Relief Fund program. No or (2) given to the employees of a donor goods or services were provided in organization or the partners of a donor a. Open only to members, and exchange for your contribution.” partnership, or b. Within the low-cost article Similarly, if a domestic organization 4. Intangible religious benefits. limitation, per person. owns and controls a domestic These exceptions are defined below. Example 1. E offers a basic disregarded entity, and the disregarded See also Regulations sections 1.170A-1, membership benefits package for $75. entity receives a contribution, then 1.170A-13, and 1.6115-1. The package gives members the right to indicate the organization's name in the buy tickets in advance, free parking, and acknowledgment as well as the Certain goods or services disregar- a gift shop discount of 10%. E’s $150 relationship with the disregarded entity. ded for substantiation and disclosure preferred membership benefits package For example: “Thank you for your purposes. also includes a $20 poster. Both the contribution of $300 to (organization's Goods or services with basic and preferred membership name) made in the name of (name of insubstantial value. Generally, under packages are for a 12-month period and disregarded entity), which is treated as a section 170, the deductible amount of a include about 50 productions. E offers F, disregarded entity of (organization's contribution is determined by taking into a patron of the arts, the preferred name) for federal tax purposes. No account the FMV, not the cost to the membership benefits in return for a goods or services were provided in charity, of any benefits that the donor payment of $150 or more. F accepts the exchange for your contribution.” See received in return. However, the cost to preferred membership benefits package Notice 2012-52, 2012-35 I.R.B. 317. the charity may be used in determining for $300. E’s written acknowledgment Exception. The written whether the benefits are insubstantial. satisfies the substantiation requirement if acknowledgment need not include a See Cost basis next. it describes the poster, gives a good faith good faith estimate of value for goods or Cost basis. If a taxpayer makes a estimate of its FMV ($20), and disregards services given to the donor if they are: payment of $58.50 or more to a charity the remaining membership benefits. 1. Goods or services with and receives only token items in return, Example 2. In Example 1, if F insubstantial value, the items have insubstantial value if they: received only the basic membership • Bear the charity’s name or logo, and package for its $300 payment, E’s 2. Certain membership benefits, • Have an aggregate cost to the charity acknowledgment need state only that no 3. Goods or services described in (1) of $11.70 or less (low-cost article amount goods or services were provided. or (2) given to the employees of a donor of section 513(h)(2)). organization or the partners of a donor FMV basis. If a taxpayer makes a Example 3. G Theater Group partnership, or payment to a charitable organization in a performs four plays. Each play is 4. Intangible religious benefits. fundraising campaign and receives performed twice. Nonmembers can benefits with an FMV of not more than purchase a ticket for $15. For a $60 These exceptions are defined below. 2% of the amount of the payment, or membership fee, however, members are Disclosure statement for quid pro $117, whichever is less, the benefits offered free admission to any of the quo contributions. If the organization received have insubstantial value in performances. H makes a payment of receives a quid pro quo contribution of determining the taxpayer’s contribution. $350 and accepts this membership benefit. Because of the limited number of more than $75, the organization must performances, the membership privilege provide a disclosure statement to the can't be exercised frequently. Therefore, donor. See section 6115. G’s acknowledgment must describe the -94- 2022 Instructions for Form 990 |
Page 95 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. free admission benefit and estimate its • The due date (including extensions) goods or services that aren't generally value in good faith. for filing the donor’s original return for that available in a commercial transaction Certain goods or services provided year. may be determined by reference to the to donor’s employees or partners. Substantiation of payroll FMV of similar or comparable goods or Certain goods or services provided to contributions. An organization may services. Goods or services may be employees of donor organizations or substantiate an employee’s contribution similar or comparable even though they partners of donor partnerships may be by deduction from its payroll by: don't have the unique qualities of the disregarded for substantiation and • A pay stub, Form W-2, or other goods or services that are being valued. disclosure purposes. Nevertheless, the document showing a contribution to a Goods or services. Goods or donee organization's disclosure donee organization, together with services include: 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 equals $250 or more. $75 threshold. 501(c)(21) Black Lung 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 the donor obtains it on or before the making a good faith estimate of the value 1, 2021, section 501(c)(21) black lung earlier of: of goods or services provided by that trusts 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 2022 Instructions for Form 990 -95- |
Page 96 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 501(c)(21) black lung trust, trustee, or Section 501(c)(21) Black Lung disqualified person liable for section 4951 Trusts Photographs of Missing or 4952 excise taxes also used Form Children 990-BL to report and pay those taxes. Form 990-BL Form 990 The Internal Revenue Service is a proud For tax years beginning after Heading FMV of the Part X, Check the partner with the National Center for December 31, 2020, section 501(c)(21) Area trust's assets Balance box at the top Missing & Exploited Children® at the Sheet of Part X and trusts will use Form 990 instead of Form beginning of include a note (NCMEC). Photographs of missing 990-BL to meet section 6033 reporting the operator's on children selected by the Center may requirements. A section 501(c)(21) black tax year Schedule O appear in instructions on pages that within which (Form 990) lung trust, trustee, or disqualified person the trust's tax providing the would otherwise be blank. You can help liable for section 4951 or 4952 excise year begins. FMV at the bring these children home by looking at taxes will use Form 6069 to report and beginning of the photographs and calling pay sections 4951 and 4952 excise the operator’s 1-800-THE-LOST (1-800-843-5678) if year within taxes. which the you recognize a child. trust’s year In general, a section 501(c)(21) trust begins. will complete Form 990 in the same Part I, Contributions Part VIII, Enter the total manner as any other organization Analysis of received Statement of contributions required to file Form 990, including Revenue under section Revenue, received (without limitation) schedules or forms and 192 from the Line 1f under section Expenses, coal mine 192 from the identified upon completion of Part IV, Line 1 operator who coal mine Checklist of Required Schedules; or Part established operator who V, Statements Regarding Other IRS the trust. established Filings and Tax Compliance. the trust. Part I, Interest on Part VIII, Investment The following chart is intended to help Analysis of securities of Statement of income section 501(c)(21) black lung trusts Revenue the U.S., Revenue, (including identify some of the key lines on Form and state, and Line 3 dividends, Expenses, local interest, and 990 that correspond with certain lines of Lines 2a governments, other similar Form 990-BL, especially a heading block and 2b described in amounts). item and in Part I. 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- Instructions to Form 990 |
Page 97 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 27 990-EZ To Satisfy State Reporting CEO, executive director, or top $10,000–per-related organization Requirements 92 management official 55 exception 27 Appendix J, Contributions 93 Certified historic structure 55 35% controlled entity 16 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 2 Accountable plan 19 53, Applicable tax-exempt Child care organizations 2 organization 53 85, Accountant 50 Children 96 Application for recognition of Accounting: exemption 91 Church 2 55, Fees 45 Application pending 8 Church-affiliated organization 3 Period 4 Art 12 53, Closely held stock 55 Accounting fees 45 Articles of incorporation 21 Club 16 Accounting period 4 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 5 Assessments 38 treasures, and other similar assets 55 Activities 10 Asset(s): College 78 Activities conducted outside the Net 49 Committee 3 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 7 Disqualified persons 25 45, Change in 8 Attorney 10 Former officers 25 Website 9 Audit 54 84, Other persons 25 Address Change 8 Audit committee 19 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 6 Compilation (compiled financial Affiliate/affiliates 47 84, statements) 12 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 21 23, 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 30 83 Grants, and 11 Benefits: Contemporaneous 87 Alternate test 78 Disregarded 31 Contracts 88 Amended Return 8 Employee 45 Contributing employer 63 71, Description of amendment 6 Members 44 88, Contributions 11 37 39 56, , , Name change amendment 6 Membership 40 Disclosure statement 15 Annual information return 79 Bingo 42 54, Donation of services 38 Anti-abuse rule 78 Board designated endowment Donor advised funds 87 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 15 Receipts Are Normally $50,000 (or Book value 48 Quid pro quo 15 $5,000) or Less 77 Books of account 5 Contributor 1 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) 2 Appendix E, Group Returns— C Controlling organization under Reporting Information on Behalf of Calendar year 4 section 512(b)(13) 58 the Group 82 Capital contributions 16 Cooperative service organizations 2 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 9 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 5 Central organization 6 55, Instructions for Form 990 -97- |
Page 98 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 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 1 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) 26 Figuring gross receipts 77 Deferred compensation 58 Employees, key 26 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 8, Nonqualified 31 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 4 62, Qualified 31 EO Determinations 10 Five highest compensated Dependent care assistance 32 Equipment 48 employees 25 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 9 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 15 Disclosure 15 Correction 89 Organization 3 Conflict of interest 23 Donor advised funds 89 Foreign government 62 Disqualified person(s) 20 Excess payment 89 Foreign individual 62 Excess business holdings 16 Excise tax 88 Foreign organization 62 Statement 16 Insufficient payment 89 Form 8963, Report of Health Disclosure of excess business Revenue sharing transactions 89 Insurance Provider Information 92 holdings 16 Revocation of exemption 89 Form 8976, Notice of Intent to Operate Under Section 501(c) Disqualified person 58 Section 4958 85 (4) 92 Disqualified persons 86 Excess business holdings 16 Forms: Disregarded benefits 31 32, Excise taxes 88 FinCEN Form 114 92 Disregarded entities 7 28 83, , Executive director 24 Form 1023-EZ, Streamlined Disregarded entity or entities 59 Exempt bond 61 Application for Recognition of Dissolution 84 Exempt function 39 Exemption Under Section 501(c)(3) Distributions 45 Exempt organizations, types of 76 of the Internal Revenue Code. 91 Dividends 39 Exempt purposes 10 21 43, , Form 1023, Application for Document retention and destruction Expenses 40 Recognition of Exemption Under policy 23 Allocating indirect 43 Section 501(c)(3) 91 Domestic government 59 Direct 41 Form 1024-A, Application for Recognition of Exemption under Domestic individual 59 Functional 42 Section 501(c)(4) of the Internal Domestic organization 60 Fundraising 41 Revenue Code 91 Donations 38 Indirect expenses 43 Form 1024, Application for Of services 38 Management and general 43 Recognition of Exemption Under Of use of materials, equipment or Occupancy 46 Section 501(a) 91 facilities 38 Political 11 Form 1040-SR, U.S.Income Tax Of vehicles 16 Postage 46 Return for Seniors 91 Donor advised fund 60 Printing 46 Form 1040, U.S. Individual Income Donor advised fund(s): Program service 43 47, Tax Return 91 Disqualified person 86 Shipping 46 Form 1041, U.S. Income Tax Return for Estates and Trusts 91 Donor advisor 16 Supplies 46 Form 1065, U.S. Return of Partnership Exceptions 89 Telephone 46 Income 4 Excess benefit transaction 87 Extension of time to file 6 Form 1096, Annual Summary and Grants 87 Transmittal of U.S. Information Sponsoring organization 2 F Returns 91 Donor advisor 60 Facility/facilities 10 Form 1098 series 91 Donor contributions: Facts and circumstances 81 Form 1120–POL, U.S. Income Tax Acknowledgment 16 Fair market value (FMV) 62 Return for Certain Political Organizations 91 Donor-Imposed Restriction 60 Family: Form 1128, Application To Adopt, Donor-Restricted Endowment Family member 86 Change or Retain a Tax Year 91 fund 60 Dues 38 Family member, family Form 2848, Power of Attorney and relationship 62 Declaration of Representative 91 Club 32 FASB ASC 958 37 49, Form 3115, Application for Change in Membership 40 47, Federal unemployment tax (FUTA) 90 Accounting Method 91 Paid to affiliates 46 Federated fundraising agencies 38 Form 3520, Annual Return To Report Federated fundraising Transactions with Foreign Trusts E organizations 44 and Receipt of Certain Foreign e-Postcard (see also Form 990-N) 77 Fees 45 Gifts 91 Economic benefit 86 Accounting 45 Form 4506–A, Request for a Copy of Disregarded 88 Copies 80 Exempt or Political Organization Nontaxable fringe benefits 88 Fundraising 45 IRS Form 91 -98- 2022 Instructions for Form 990 |
Page 99 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 4506, Request for Copy of Tax Form 8940, Request for Goods sold, cost of 42 Return 91 Miscellaneous Determination, Governance 85 Form 4562, Depreciation and Request for Miscellaneous Governing body 63 84, Amortization 91 Determination, under Section 507, Governing documents 22 Form 4720, Return of Certain Excise 509(a), 4940, 4942, 4945, and Taxes Under Chapters 41 and 42 of 6033 of the Internal Revenue Government: the Internal Revenue Code 91 Code 92 Agency 39 Form 5471, Information Return of U.S. Form 926, Return by a U.S. Transferor Contracts 39 Persons With Respect to Certain of Property to a Foreign Contributions 38 Foreign Corporations 91 Corporation 90 Fees 39 Form 5500, Annual Return/Report of Form 940, Employer's Annual Federal Grants 38 43, Employee Benefit Plan 91 Unemployment (FUTA) Tax Official 46 Form 5578, Annual Certification of Return 90 Organization 3 Racial Nondiscrimination for a Form 941, Employer's Quarterly Government official 63 Private School Exempt From Federal Tax Return 90 Federal income Tax. 91 Form 943, Employer's Annual Tax Governmental issuer 40 63, Form 5768, Election/Revocation of Return for Agricultural Governmental unit 49 63, Election by an Eligible Section Employees 90 Governmental Unit 63 501(c)(3) Organization To Make Form 990-PF, Return of Private Grants 11 37 44, , Expenditures To Influence Foundation or Section 4947(a)(1) Allocations, and 11 Legislation 91 Nonexempt Charitable Trust Contributions 11 Form 7004, Application for Automatic Treated as a Private Foundation 4 Government contributors 38 Extension of Time to File Certain Form 990-T, Exempt Organization Payable 49 Business Income Tax, Information, Business Income Tax Return 90 Receivable 48 and Other Returns 91 Form 990-W, Estimated Tax on Grants and other assistance 63 Form 720, Quarterly Federal Excise Unrelated Business Taxable Tax Return 90 Income for Tax-Exempt Grants and other assistance outside Form 8038 series, Tax Exempt Organizations 91 the United States 12 13, Bonds 91 Form 990–EZ, Short Form Return of Gross proceeds 64 Form 8274, Certification by Churches Organization Exempt From Income Gross receipts 64 77, and Qualified Church-Controlled Tax 9 $50,000 or less 77 Organizations Electing Exemption Form 990–N, Electronic Notice Acting as agent 77 from Employer Social Security and (e-Postcard) for Tax-Exempt Figuring 77 Medicare Taxes 91 Organizations Not Required To File Gross receipts test: Form 8282, Donee Information Form 990 or 990–EZ 2 $5,000 77 Return 91 Form SS-4, Application for Employer $50,000 77 Form 8283, Noncash Charitable Identification Number 92 Contributions 91 Form W-2, Wage and Tax Gross rents 40 Form 8300, Report of Cash Payments Statement 90 Gross revenue 14 Over $10,000 Received in a Trade Forms and publications 14 Gross sales price 40 or Business 91 Foundations 26 Group exemption 64 80, Form 8328, Carryfoward Election of Fringe benefits 88 Central/parent organization 80 Unused Private Activity Bond De minimis 87 Group return 64 82, Volume Cap 91 Nontaxable 88 Form 8718, User Fee for Exempt Functional expenses 42 H Organization Determination Letter Allocating indirect 43 Heading 8 Request 91 Form 8821, Tax Information Fundraising 43 Health benefits 31 Authorization 91 Management and general 43 Helpful hints 2 Form 8822-B, Change of Address or Program service 43 Highest compensated employee 64, Responsible Party—Business 91 Fund Balances 49 50, 84 Form 8868, Application for Automatic Fundraising 38 62, Historical treasure 12 64, Extension of Time to File an Activities 12 Hospital 83 Exempt Organization Return 91 Events 38 Hospital (or cooperative hospital Form 8870, Information Return for Expenses 43 service organization) 64 Transfers Associated With Certain Fees 45 Hospital organization 64 Personal Benefit Contracts 91 Records for tax deductible Hospital/hospital facility 64 Form 8871, Political Organization contributions 7 Hours per week 29 Notice of Section 527 Status 91 Fundraising activities 62 Household goods 64 Form 8872, Political Organization Fundraising events 41 63, Report of Contributions and I Expenditures 91 Funds 50 Form 8886–T, Disclosure by Income: Tax-Exempt Entity Regarding G Exempt function 11 Prohibited Tax Shelter GAAP 63 Investment 40 Transaction 91 Gaming 42 63, Rental 39 Form 8886, Reportable Transaction GEN (Group exemption number) 9 Unrelated business 15 Disclosure Statement 91 Incomplete return 6 Generally accepted accounting Form 8899, Notice of Income From principles 11 Independent contractor 37 64, Donated Intellectual Property 91 Independent voting member of Generally accepted accounting principles/GAAP 63 governing body 19 65, Gifts 37 39, Indoor tanning services 18 Goods 41 Information return 79 Goods or services 41 Information technology 46 2022 Instructions for Form 990 -99- |
Page 100 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Initial contract 65 88, Assessments 38 Pension plan contributions 45 Instant bingo 42 65, Benefits 40 Personal benefit contracts 16 Institutional trustee 26 65, Dues 38 47, Phone help 1 Insurance 47 Merger, articles of 7 Photographs of Missing Children 96 Insurance contract 78 Miscellaneous 5 Pledges receivable 48 Integrated auxiliary 2 Expenses 47 Policies: Intellectual property 16 Mission 3 Conflicts of interest 21 Interest 40 46, Mission society 3 Document retention and Mortgage 46 Money market funds 48 destruction 23 Tax-exempt 17 Mutual or cooperative electric Joint venture 24 Interest income 39 40, companies 17 Nondiscrimination 91 Notes and loans receivable 40 Whistleblower 23 Securities 40 N Political: Interested persons 84 Net assets 49 50, Expenses 83 Inventory 42 Net Assets with donor restrictions 67 Political campaign activities 68 Investment 40 Net Assets without Donor Political organization 3 Committee 19 Restrictions 67 Penalties 79 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 21 Nonfixed payments 88 Political subdivision 68 Program-related 40 Nonprofit health insurance issuer 3 Possession of the United States 68 Rents 40 Nonqualified deferred Postage cost 79 Savings and temporary cash 47 compensation 67 Power of attorney 91 Investments 48 Nonqualified defined benefit plan 31 Premiums 78 Nonqualified defined contribution Prepaid expenses 48 J plan 31 34, Principal officer 68 Nontaxable fringe benefit 88 Printing 46 Joint costs 47 Notes receivable 48 Private business use 68 85, Joint venture 65 84, Number of employees 84 Private foundation 68 86, Nursing homes 39 K Privileged relationship 21 Proceeds 40 68, Key employee 26 66, O Professional fundraising services 45, Occupancy 46 68 L Expense 46 Program service 11 Land 48 Officer 25 67, Program service accomplishments, Late filing 6 Offices 79 statement of 10 Legal fees 45 “On behalf of” issuer 67 Program service expenses 42 43, Legislation 66 Ordinary course of business 21 Program service revenue 39 Liabilities, total 49 Organization manager 67 89, Government agency 39 Liquidation 83 Organization(s) 4 89, Insurance premiums 39 List of states 5 Affiliated 86 Interest income 40 Loans: Form of 9 Medicaid 39 Receivable 48 Not required to file 3 Medicare 39 Lobbying 66 Organizational documents 82 Membership fees 40 Activity/Activities 11 Organizations: Program-related investments 39 Expenses 83 Foreign countries, in 3 Rental income 39 Grassroots 45 Other assets 49 Section 501(c)(9) organization 39 In-house expenditures 45 Other compensation 27 Unrelated trade or business activities 39 Joint ventures 85 Ownership 14 Lobbying activities 66 Program-related investment 39 68, Lobbying expenditures 83 P Prohibited tax shelter transactions 15 Local governmental unit 49 Paid preparer 10 Proxy tax 11 Lotteries 41 Paid-in capital 50 PTIN 10 Paperwork Reduction Act Notice 51 Pub. 3079, Tax-Exempt Organizations M Partnership 84 and Gaming 63 Maintaining offices, employees, or Payables 49 Public charity 69 83, agents 66 Payments: Public Inspection 78 Management 84 Cash 91 Public interest law firm 11 Management and general Compensation 87 Public support 90 expenses 43 Nonfixed 88 Publications 14 Management company 21 66, Severance 45 Compliance Checks 92 Medicaid 39 To affiliates 46 Group Exemptions 92 Medical research 66 79, Payroll taxes 45 Pub. 15–A, Employer's Supplemental Medicare 90 Tax Guide (Fringe Benefits) 92 Penalties 6 15, Meetings 46 Pub. 15, (Circular E) Employer's Tax Failure to file 6 Member of the governing body 19 66, Guide 92 Perjury 6 Membership 47 -100- 2022 Instructions for Form 990 |
Page 101 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Pub. 1771, Charitable Contributions– Cause 6 Section 501(c)(21): Substantiation and Disclosure Compensation 19 black lung trusts 2 Requirements 92 Effort 20 21 30, , black-lung trust 95 Pub. 1779, Independent Contractor or Estimate 9 trust 1 13 39 40 44 47 49, , , , , , Employee 37 Fee 79 Section 501(c)(3) 2 Pub. 1828, Tax Guide for Churches Knowledge 87 Applicable organization 85 and Religious Organizations 92 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 86 Pub. 3833, Disaster Relief, Providing presumption of 88 Section 501(c)(5): Assistance Through Charitable Receivable 13 Lobbying expenses 11 Organizations 92 Account 48 Membership dues 40 Pub. 4220, Applying for 501(c)(3) Grants 48 Section 501(c)(6): Tax-Exempt Status 92 Pledges 48 Lobbying expenses 11 Pub. 4221–PC, Compliance Guide for Reconciliation 5 Membership dues 40 501(c)(3) Public Charities 92 Reconciliation of net assets 50 Section 501(c)(7) 16 84, Pub. 4221–PF, Compliance Guide for Recordkeeping 7 Section 501(c)(9) 9 501(c)(3) Private Foundations 92 Refunding escrow 13 70, Section 6033(e) 11 Pub. 4302, A Charity's Guide to Refunding issue 71 Securities 48 Vehicle Donation 92 Pub. 4303, A Donor's Guide to Vehicle Reimbursement: Security/securities 72 Donation 92 Of expenses 19 Security/Securities 41 Pub. 463, Travel, Entertainment, Gift, Of taxes 87 Sequencing list to complete the form and Car Expenses 92 Related organization 19 25 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 4 72, Pub. 538, Accounting Periods and Income 39 Short period 72 Methods 92 Reportable compensation 13 71, Short year and final returns 30 Pub. 557, Tax-Exempt Status for Your Reporting information from third Short year and final returns. 32 Organization 92 parties 7 Signature 10 Pub. 561, Determining the Value of Requirements for a properly Signature block 10 Donated Property 92 completed Form 990 7 Significant disposition of assets 84 Pub. 598, Tax on Unrelated Business Research 43 Significant disposition of net Income of Exempt Retained earnings 50 assets 72 Organizations 92 Returns and allowances 42 Social club 16 Pub. 892, How to Appeal an IRS Revenue 42 49, Social security: Decision on Tax Exempt Status 92 Pub. 946, How To Depreciate Deferred 49 Tax 45 Property 92 Gross 14 Solicitations of nondeductible Pub. 947, Practice Before the IRS and Program service 39 contributions 15 Power of Attorney 10 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 2 72, Purchases from affiliates 46 Review of financial statements 12 State: Purpose of Form 1 Revocation of exemption 89 Filing requirement 92 Rounding off to whole dollars 7 Reporting requirements 5 Q Royalties 40 State of legal domicile 9 73, Statement(s) 92 Qualified 501(c)(3) bond 69 Qualified conservation S Activities outside of United States 12 contribution 69 Salaries 45 Audited financial 83 Qualified defined benefit plan 31 Sales 42 Functional expenses 42 Qualified defined contribution Of inventory 39 Position 98–2 47 plan 31 Sarbanes-Oxley 23 Program service accomplishments 10 Qualified intellectual property 16 Savings 47 Revenue 37 Qualified state or local political Savings accounts 48 Subordinate organization 73 80, organization 3 70, Schedule of contributors 11 Substantial contributor 61 86, Quasi-endowment 70 Scholarships 12 Substantial influence 86 Quid pro quo contribution: School 72 Supported organization 73 86, Disclosure statement 15 Section 4947(a)(1) trusts 11 17, Supporting organization 73 87, Section 4958 85 88 89, , Sweepstakes 41 R Section 4958, excise taxes: Racial nondiscrimination 91 Disqualified persons 86 T Raffles 41 Organization managers 89 Tax shelter transaction 15 Reasonable: Section 4968 18 Tax year 26 73, Amount 79 Section 501(c)(12) 17 Tax-exempt bond 73 Belief 82 Section 501(c)(15) 3 77, TE/GE EO Determinations 78 Burden 79 Telephone number 9 2022 Instructions for Form 990 -101- |
Page 102 of 102 Fileid: … tions/i990/2022/a/xml/cycle03/source 15:40 - 7-Dec-2022 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Term endowment 73 Uncollectible pledges 37 Voluntary employees' beneficiary Terminated 8 Uniform Guidance, 2 C.F.R. Part 200, association 9 Text message contribution 93 Subpart F 50 84, Volunteer 9 74, Top financial official 26 73, Uniform Prudent Management of Volunteer exception 30 Top management official 26 73, Institutional Funds Act Voting member of the governing Total assets 49 73, (UPMIFA) 49 body 74 Total liabilities 49 Unincorporated association 8 Voting member of the governing Transfers 14 United States 9 73, body/board 20 Personal benefit contracts 16 University/universities 12 To controlled entities 14 Unrelated business 15 73, W Travel expense 46 Income 37 Wages 45 Trust 8 Income tax 79 Website address 9 Trust fund recovery penalty: Revenue 40 Whistleblower policy 23 Penalties 92 Unrelated business gross income 73 Widely available 81 Trustee 73 Unrelated business income 43 73, Withholding: Trustee(s) 10 13 19 26, , , Unrelated organization 13 73, Backup 15 Institutional 26 Unrelated trade or business 74 Works of art 12 74, Tuition assistance 31 Activities 39 Gross income 85 Y U Year of formation 9 74, V U.S. possession 2 74, U.S. Treasury bills 48 Vehicle donations 93 -102- 2022 Instructions for Form 990 |