Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ions/i990t/2023/a/xml/cycle12/source (Init. & Date) _______ Page 1 of 36 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2023 Instructions for Form 990-T Exempt Organization Business Income Tax Return (and Proxy Tax Under Section 6033(e)) Section references are to the Internal Revenue Code unless otherwise noted. What's New Contents Page Required electronic filing. If you are an organization or trust defined in section 511 and need to file Form 990-T, you are Purpose of Form . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 required to file electronically. See When, Where, and How To Who Must File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 File, later, for more information. When, Where, and How To File . . . . . . . . . . . . . . . . . 3 Tax-exempt and governmental entities. For tax years Depository Method of Tax Payment . . . . . . . . . . . . . . 4 beginning after 2022, applicable entities (such as certain Other Forms That May Be Required . . . . . . . . . . . . . . 5 tax-exempt and governmental entities) can elect to treat certain Accounting Methods . . . . . . . . . . . . . . . . . . . . . . . . . 6 general business credits as a payment of income tax. See Applicable Entity Making an Elective Payment Election on IRA Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 8 2022 Credits, later. Items A Through L . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 6417(d)(1)(A) applicable entity. Form 990-T, Item G Part I. Total Unrelated Business Taxable Income . . . . . 9 has been updated with a checkbox for applicable entities that Part II. Tax Computation . . . . . . . . . . . . . . . . . . . . . 10 are not normally required to file an annual tax return and are Part III. Tax and Payments . . . . . . . . . . . . . . . . . . . . 11 filing Form 990-T to make an elective payment election under section 6417. Part IV. Statements Regarding Certain Activities and Other Information . . . . . . . . . . . . . . . . . . . . 13 Advanced manufacturing investment credit. Eligible filers Part V. Supplemental Information . . . . . . . . . . . . . . . 13 may elect to treat the advanced manufacturing investment credit with respect to a facility as a payment of income tax under General Instructions — Schedule A (Form 990-T) . . . 14 section 48D(d). See section 48D and the Instructions for Form Purpose of the Schedule . . . . . . . . . . . . . . . . . . . . . 14 3468. Specific Instructions—Schedule A (Form 990-T) . . . 16 Alternative minimum tax. The Inflation Reduction Act of 2022 Part I. Unrelated Trade or Business Income . . . . . . . 16 (IRA 2022) amended section 55 to impose a new corporate Part II. Deductions Not Taken Elsewhere . . . . . . . . . . 19 alternative minimum tax (CAMT) based on the adjusted financial statement income (AFSI) of an applicable corporation. See Form Part III. Cost of Goods Sold . . . . . . . . . . . . . . . . . . . 23 4626, Alternative Minimum Tax-Corporations, and its Part IV. Rent Income . . . . . . . . . . . . . . . . . . . . . . . . 23 Instructions, for more information. Part V. Unrelated Debt-Financed Income . . . . . . . . . 24 Part VI. Interest, Annuities, Royalties, and Rents General Instructions From Controlled Organizations . . . . . . . . . . . . . 25 Part VII. Investment Income of a Section 501(c)(7), Purpose of Form (9), or (17) Organization . . . . . . . . . . . . . . . . . . 26 Use Form 990-T and Schedule A (as applicable) to: Part VIII. Exploited Exempt Activity Income, Other • Report unrelated business income; Than Advertising Income . . . . . . . . . . . . . . . . . 27 • Figure and report unrelated business income tax liability; Part IX. Advertising Income . . . . . . . . . . . . . . . . . . . 27 • Report proxy tax liability; • Claim a refund of income tax paid by a regulated investment Part X. Compensation of Officers, Directors, and company (RIC) or a real estate investment trust (REIT), on Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 undistributed long-term capital gain; Part XI. Supplemental Information . . . . . . . . . . . . . . 27 • Request a credit for certain federal excise taxes paid for small Business Activity Codes . . . . . . . . . . . . . . . . . . . . . 29 employer health insurance premiums paid, and Appendix A. Definitions . . . . . . . . . . . . . . . . . . . . . . 30 • Make (along with filing Form 3800 and the applicable general business credit form(s)) an elective payment election under Appendix B. Charitable Contribution Deduction . . . . . 31 section 48D or section 6417. Appendix C. Public Inspection of Form 990-T Returns Filed by Section 501(c)(3) Who Must File Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . 32 Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Organizations With Current Unrelated Business Taxable Income (UBTI) Future Developments • Any disregarded entity, domestic, or foreign organization For the latest information about developments related to Form exempt under section 501(a), section 529(a), or section 529A(a), 990-T and its instructions, such as legislation enacted after they if it has gross income of $1,000 or more from a regularly were published, go to IRS.gov/Form990T. conducted unrelated trade or business (see Regulations section 1.6012-2(e)). Gross income is gross receipts minus the cost of goods sold, (see Regulations section 1.61-3). For a discussion Jan 24, 2024 Cat. No. 11292U |
Page 2 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. of cost of goods sold, see Schedule A (Form 990-T), Part III. • Alaska Native Corporations, Cost of Goods Sold, later. • The Tennessee Valley Authority, The gross receipts from a gaming business include all • Rural electric cooperatives, and • Other tax-exempt entities. ! amounts wagered in games, not just the net proceeds CAUTION after payment of prizes and other expenses. Cash prizes Proposed regulations have been published that provide a aren't included in cost of goods sold, but are reported on more detailed definition of an applicable entity. Entities may rely Schedule A, Part II, line 14, as other deductions. on the definitions in the proposed regulations for tax years ending before final regulations are published, provided the entity A disregarded entity, as described in Regulations follows the proposed regulations in their entirety and in a ! sections 301.7701-1 through 301.7701-3, is treated as a consistent manner with respect to all elections made under CAUTION branch or division of its parent organization for federal section 6417. See Proposed Regulations under section 6417. tax purposes. Therefore, financial information applicable to a disregarded entity must be reported as the parent organization's The detailed description in the proposed regulations includes financial information. the following. • An organization exempt from the tax imposed by subtitle A by • Colleges and universities of states and other governmental reason of section 501(a); units, and subsidiary corporations wholly owned by such • The government of an U.S. territory or political subdivision or colleges and universities. However, a section 501(c)(1) instrumentality thereof; corporation that is an instrumentality of the United States and • Any State, the District of Columbia, or a political subdivision or both organized and exempt from tax by an Act of Congress instrumentality thereof; doesn’t have to file. • The Tennessee Valley Authority; • Qualified tuition programs described under section 529 that • An Indian tribal government or a subdivision or instrumentality have $1,000 or more of unrelated trade or business gross thereof; income. • Any Alaska Native Corporation (as defined in section 3 of the • Qualified ABLE programs described under section 529A that Alaska Native Claims Settlement Act (43 U.S.C. 1602(m))); and have $1,000 or more of unrelated trade or business gross • Any corporation operating on a cooperative basis that is income. engaged in furnishing electric energy to persons in rural areas. • Trustees for the following trusts that have $1,000 or more of Pre-filing registration requirement. Before you file Form unrelated trade or business gross income. 990-T, if you intend to make an elective payment election on 1. Individual retirement accounts (IRAs), including traditional Form 3800, you must complete a pre-filing registration for each IRAs described under section 408(a). property or facility. To register, go to IRS.gov/credits-deductions/ 2. Simplified employee pension IRAs (SEP IRAs) described register-for-elective-payment-or-transfer-of-credits. See Pub. under section 408(k). 5884, Inflation Reduction Act (IRA) and CHIPS Act of 2022 3. Savings incentive match plan for employees of small (CHIPS) Pre-Filing Registration Tool. Also see Registering For employers IRAs (SIMPLE IRAs) described under section 408(p). and Making Elective Payment and Transfer Elections in the 4. Roth IRAs described under section 408A. Instructions for Form 3800. 5. Coverdell education savings accounts (ESAs) described under section 530. Organizations With or Without Current UBTI 6. Archer medical savings accounts (Archer MSAs) described under section 220. Elective payment election. Applicable entities making an 7. Health savings accounts (HSAs) described under section 223. elective payment election with respect to applicable credits (see section 6417), and eligible taxpayers making an elective Each account of a type listed above is treated as a payment election with respect to the advanced manufacturing ! separate trust for unrelated business income tax investment credit under section 48D. CAUTION purposes (even if there is a single owner or beneficiary Organizations making an elective payment election must for multiple accounts) and must have its own employer complete and attach Form 3800, General Business Credit, as identification number (EIN) if it will file Form 990-T to report well as the required form(s) on which you compute each gross unrelated business taxable income of $1,000 or more. A individual credit. If your organization is filing Form 990-T only to custodian is treated as a trustee. See section 408(h). Individual make the elective payment election, see Elective Payment retirement annuities, unlike IRAs, aren't subject to unrelated Election under Which Parts to Complete, later. business income tax. Proxy tax. Organizations liable for the proxy tax on lobbying and political expenditures. See Part II, Line 3. Proxy Tax, later, for IRAs and other tax-exempt shareholders in a RIC or a discussion of the proxy tax. If your organization is only required TIP REIT filing Form 990-T, only to obtain a refund of income to file because of the proxy tax, see Proxy tax only under Which tax paid on undistributed long-term capital gains should Parts To Complete, later. complete Form 990-T, as explained in IRAs and other Other taxes or amounts. Organizations that are liable for tax-exempt shareholders in a RIC or REIT, later. other taxes (such as tax deferred under section 1291 (Form 990-T, Part II, line 4) or section 1294 (Part III, line 4)), or Applicable entity making an elective payment organizations liable for other amounts due (or entitled to a refund election on IRA 2022 credits of, or credit for other amounts such as recapture of tax credits or interest adjustments (such as recapture of a credit or interest IRA 2022 extends, modifies, or creates several energy-related due under a look-back rule (Form 990-T, Part III, line 3e)). See a investment and production tax credits. These credits are taken discussion of these items later. If your organization is required to as general business credits. IRA 2022 also created new section file Form 990-T only because of these taxes or other amounts, 6417, which permits an applicable entity to make an elective see Other Taxes under Which Parts To Complete, later. payment election with respect to each applicable credit. Qualified opportunity investment (annual report). Under section 6417(d)(1)(A), applicable entities are defined Organizations that deferred a capital gain into a qualified as: opportunity fund (QOF) must file Form 990-T with Schedule D, • State and local governments, Form 8949, and Form 8997 attached. Each such organization • Indian tribal governments, must file Form 990-T with Form 8997 attached annually until the 2 Instructions for Form 990-T |
Page 3 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. organization disposes of the investment. See the Instructions for Other taxes. Organizations that are required to file Form Form 8997. 990-T only because they are liable for tax under section 1291 or tax previously deferred under section 1294, recapture taxes, the If you are filing Form 990-T only with regard to an tax on a hospital organization’s non-compliant facility income, or TIP elective payment election, because of the proxy tax, other items listed in the instructions for Part III, line 4, must other taxes, or only to claim a refund, go directly to complete the following. Elective Payment Election Only Proxy Tax Only, Other Taxes,, or Claim for Refund, later. If you are filing Form 990-T only to claim • The heading above Part I except items J and K. the credit for small employer health insurance premiums, see the • The applicable lines of Parts II and III. instructions for Part III, line 6f, later. • Signature area. • Attach all appropriate forms and/or schedules showing the computation of the applicable tax or taxes. Which Parts To Complete Other amounts due. Organizations that are required to file Organizations with unrelated business taxable income. Form 990-T only because they are liable for amounts due Organizations with UBTI must complete Form 990-T, and also a because of the recapture of a tax credit, or other items listed in separate Schedule A (Form 990-T) for each separate unrelated the instructions for Part III, line 3, must complete the following. trade or business. See Regulations section 1.512(a)-6. • The heading above Part I except items J and K. Complete all Schedules A (Form 990-T) first. See General • The applicable lines of Parts II and III that require an entry. Instructions for Schedule A (Form 990-T), later. • Signature area. Consolidated returns. The consolidated return provisions of • Attach all appropriate forms and/or schedules showing the section 1501 don't apply to exempt organizations, except for computation of the applicable tax or taxes. organizations having title holding companies. If a title holding Claim for refund (including special instructions for IRA corporation described in section 501(c)(2) pays any amount of trustees or direct payments of certain credits). If your only its net income for a tax year to an organization exempt from tax reason for filing a Form 990-T is to claim a refund or request a under section 501(a) (or would, except that the expenses of credit, complete the following. collecting its income exceeded that income), and the corporation • The heading above Part I except items J and K. and organization file a consolidated return as described below, • Enter -0- on Part I, lines 1 and 11, and Part III, line 4. then treat the title holding corporation as being organized and • Enter the credit or payment on Part III, lines 6a through 6g, as operated for the same purposes as the other exempt appropriate. organization (in addition to the purposes described in section • Part III, lines 7, 10, and 11. 501(c)(2)). • Signature area. Two organizations exempt from tax under section 501(a), one For claims described below, follow the additional instructions a title holding company and the other earning income from the for that claim. first, will be includible corporations for purposes of section IRAs and other tax-exempt shareholders in a RIC or REIT. 1504(a). If the organizations meet the definition of an affiliated If you are an IRA or other tax-exempt shareholder that is invested group and the other relevant provisions of chapter 6, then these in a RIC or a REIT and file Form 990-T only to obtain a refund of organizations may file a consolidated return. The parent income tax paid on undistributed long-term capital gains, follow organization must attach Form 851, Affiliations Schedule, to the the steps under Claim for refund (including special instructions consolidated return. For the first year a consolidated return is for IRA trustees) above; check the applicable box in item H at the filed or for the first year a new corporation is added to a top of Form 990-T; and attach Copy B of Form 2439, Notice to consolidated return, the title holding company must attach Form Shareholder of Undistributed Long-Term Capital Gains. 1122, Authorization and Consent of Subsidiary Corporation To Composite Form 990-T. If you are a trustee of more than one Be Included in a Consolidated Income Tax Return. See IRA invested in a RIC, you may be able to file a composite Form Regulations section 1.1502-100. 990-T to claim a refund of tax under section 852(b) instead of Organizations with no UBTI. An organization with no UBTI filing a separate Form 990-T for each IRA. See Notice 90-18, that needs to file Form 990-T should complete and file Form 1990-1 C.B. 327, for information on who can file a composite 990-T only. Such an organization does not complete or attach return. Complete the steps under Claim for refund (including Schedule A (Form 990-T) to its return. special instructions for IRA trustees) above and follow the Elective payment election only. Organizations filing with additional requirements in the notice. regard to making an elective payment election and have no Backup withholding. If your only reason for filing Form unrelated business taxable income, including applicable entities 990-T is to claim a refund of backup withholding, complete the (as defined earlier) not subject to federal income tax and not steps under Claim for refund (including special instructions for otherwise required to file any annual tax or information return, IRA trustees) above and attach a copy of the Form 1099 showing must complete the following lines of Form 990-T. the withholding. • The heading area above Part I, except items B, C, E, J, K, and L. When, Where, and How To File • Part II, lines 3 and 7 (enter -0-). When To File • Part III, lines 6g, 7, 10, and 11. • Signature area. 15th day of 4th month or 15th day of 5th month. An In addition, complete and attach Form 3800, and all forms employees' trust defined in section 401(a), an IRA (including required to compute each applicable credit. SEPs and SIMPLEs), a Roth IRA, a Coverdell ESA, or an Archer Proxy tax only. Organizations that are required to file Form MSA must file Form 990-T by the 15th day of the 4th month after 990-T only because they are liable for the proxy tax on lobbying the end of its tax year. All other organizations must file Form and political expenditures must complete the following. 990-T by the 15th day of the 5th month after the end of their tax • The heading (above Part I) except items J and K. years. If the regular due date falls on a Saturday, Sunday, or legal • Part II, lines 3 and 7. holiday, file no later than the next business day. If the return is • Part III. filed late, see Interest and Penalties, later. • Signature area. • Attach a statement showing the proxy tax computation. Instructions for Form 990-T 3 |
Page 4 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Extensions. Filers may request an automatic extension of time payment system that works in conjunction with EFTPS. Make to file Form 990-T by using Form 8868, Application for Automatic arrangements with your financial institution ahead of time, noting Extension of Time To File an Exempt Organization Return. the institution's availability, deadlines, and costs. To learn more, go to IRS.gov/SameDayWire. Note: For 2023, an applicable entity filing Form 990-T solely to Timeliness of deposits. The IRS will use business days to make an elective payment election that is: determine the timeliness of deposits. Business days are any day • A State, the District of Columbia, or political subdivision or that isn’t a Saturday, Sunday, or legal holiday in the District of instrumentality or agency thereof; Columbia. • The Tennessee Valley Authority; or • An Indian tribal government or a subdivision or instrumentality Interest and Penalties or agency thereof, Your organization may be subject to interest and penalty charges does not need to file Form 8868 to request an automatic if it files a late return or fails to pay tax when due. Generally, the extension of time to file Form 990-T. For 2023, a paperless organization isn't required to include interest and penalty automatic extension will be provided to each such entity that has charges on Form 990-T because the IRS can figure the amount registered its intention to make an elective payment election and and bill the organization for it. has obtained one or more registration numbers. Interest. Interest is charged on taxes not paid by the original Amended return. To correct errors or change a previously filed due date of the return even if the organization uses Form 8868 to return, check box F, “Check box if an amended return,” at the top request an automatic extension of time to file. Interest is also of the return. Also, in Part V, Supplemental Information, include a charged on penalties imposed for failure to file, negligence, statement that indicates the line numbers on the original return fraud, substantial valuation misstatements, and substantial that were changed and give the reason for each change. understatements of tax from the due date (including extensions) Generally, the amended return must be filed within 3 years after to the date of payment. The interest charge is figured at the the date the original return was due or 3 years after the date the underpayment rate determined under section 6621. organization filed it, whichever is later. Late filing of return. An organization that fails to file its return Where and How To File when due (including extensions of time for filing) is subject to a penalty of 5% of the unpaid tax for each month or part of a month Required electronic filing. If you are an organization or trust the return is late, up to a maximum of 25% of the unpaid tax. The defined in section 511 and need to file Form 990-T, you are minimum penalty for a return that is more than 60 days late is the required to file electronically. For additional information, visit smaller of the tax due or $485. The penalty won't be imposed if IRS.gov/E-file. the organization can show that the failure to file on time was due If you are an applicable entity that is not an organization or to reasonable cause. If you receive a notice about a penalty after trust defined in section 511, and you are filing Form 990-T to you file this return, reply to the notice with an explanation and we make an elective payment election, electronic filing is will determine if you meet reasonable-cause criteria. Don’t encouraged but not required. include an explanation when you file your return. Late payment of tax. The penalty for late payment of taxes is Estimated Tax Payments usually 1/2 of 1% of the unpaid tax for each month or part of a Generally, an organization filing Form 990-T must make month the tax is unpaid. The penalty can’t exceed 25% of the installment payments of estimated tax if its estimated tax (tax unpaid tax. If you receive a notice about a penalty after you file minus allowable credits) is expected to be $500 or more. Don't this return, reply to the notice with an explanation and we will include the proxy tax when computing your estimated tax liability determine if you meet reasonable-cause criteria. Don’t include for 2023. an explanation when you file your return. Depository Method of Tax Payment Estimated tax penalty. An organization that doesn’t make estimated tax payments when due may be subject to an The organization must pay any tax due in full by the due date of underpayment penalty for the period of underpayment. the return without extension. Generally, an organization is subject to this penalty if its tax liability for the tax year is $500 or more and it didn’t make Electronic Deposit Requirement estimated tax payments of at least the smaller of its tax liability for the tax year or 100% of the prior year's tax. See section 6655 The organization must deposit all depository taxes (such as for details and exceptions. employment tax, excise tax, and corporate income tax) Trust fund recovery penalty. This penalty may apply if certain electronically. Generally, electronic funds transfers are made excise, income, social security, and Medicare taxes that must be using the Electronic Federal Tax Payment System (EFTPS). For collected or withheld aren't paid to the U.S. Treasury. These more information about EFTPS or to enroll in EFTPS, go to taxes are generally reported on: EFTPS.gov, or call 800-555-4477. To contact EFTPS using • Form 720, Quarterly Federal Excise Tax Return; Telecommunications Relay Services (TRS) for people who are • Form 941, Employer's QUARTERLY Federal Tax Return; deaf, hard of hearing, or have a speech disability, dial 711 and • Form 943, Employer's Annual Federal Tax Return for then provide the TRS assistant the 800-555-4477 number above Agricultural Employees; or or 800-733-4829. Also, see Pub. 966, Electronic Federal Tax • Form 945, Annual Return of Withheld Federal Income Tax. Payment System: A Guide to Getting Started. The trust fund recovery penalty may be imposed on all Depositing on time. For EFTPS deposits to be made timely, persons who are determined by the IRS to have been the organization must submit the deposit by 8 p.m. Eastern time responsible for collecting, accounting for, and paying over these the day before the deposit is due. taxes, and who acted willfully in not doing so. The penalty is Same-day wire payment option. If you fail to submit a deposit equal to the unpaid trust fund tax. See the Instructions for Form transaction on EFTPS by 8 p.m. Eastern time the day before the 720; or Pub. 15 (Circular E), Employer's Tax Guide, for details, date a deposit is due, you can still make your deposit on time by including the definition of responsible persons. using the Federal Tax Application (FTA), a same-day federal tax 4 Instructions for Form 990-T |
Page 5 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Other penalties. There are also penalties that can be imposed • Report distributions from retirement or profit-sharing plans, for negligence, substantial understatement of tax, reportable IRAs, SEPs, SIMPLEs, and insurance contracts; transaction understatements, and fraud. See sections 6662, • Report proceeds from real estate transactions; and 6662A, and 6663. • Report distributions from an HSA, an Archer MSA, or a Medicare Advantage MSA. Other Forms That May Be Required When filing the above listed Form 1099 series Forms W-2 and W-3. File Form W-2, Wage and Tax Statement, ! information returns, the organization must also file Form and Form W-3, Transmittal of Wage and Tax Statements, to CAUTION 1096, Annual Summary and Transmittal of U.S. report wages, tips, other compensation, withheld income taxes, Information Returns. and withheld social security/Medicare taxes for employees. Form 4466. File Form 4466, Corporation Application for Quick Form 461. Noncorporate taxpayers may need to file Form 461, Refund of Overpayment of Estimated Tax, to apply for a quick Limitation on Business Losses. See Form 461 and its refund if the organization overpaid its estimated tax for the year instructions. by at least 10% of its expected income tax liability and at least Form 720. File Form 720, Quarterly Federal Excise Tax Return, $500. to report environmental excise taxes, communications and air Form 5498. File Form 5498, IRA Contribution Information, to transportation taxes, fuel taxes, manufacturers taxes, ship report contributions (including rollover contributions) to any IRA, passenger tax, and certain other excise taxes. See Trust fund including a SEP, SIMPLE, or Roth IRA, and to report Roth IRA recovery penalty, earlier. conversions, IRAs, and the fair market value (FMV) of the Form 926. File Form 926, Return by a U.S. Transferor of account. Property to a Foreign Corporation, if the organization is required Form 5498-ESA. File Form 5498-ESA, Coverdell ESA to report certain transfers to foreign corporations under section Contribution Information, to report contributions (including 6038B. rollover contributions) to a Coverdell ESA. Form 940. File Form 940, Employer's Annual Federal Form 5498-SA. File Form 5498-SA, HSA, Archer MSA, or Unemployment (FUTA) Tax Return, if the organization is liable for Medicare Advantage MSA Information, to report contributions to FUTA tax. an HSA or Archer MSA, and the FMV of an HSA, an Archer Form 941 and Form 943. File Form 941, Employer's MSA, or a Medicare Advantage MSA. See the Instructions for QUARTERLY Federal Tax Return; or Form 943, Employer's Forms 1099-SA and 5498-SA. Annual Federal Tax Return for Agricultural Employees, to report Form 5713. File Form 5713, International Boycott Report, if the income tax withheld, and employer and employee social security organization had operations in, or related to, certain boycotting and Medicare taxes. Also, see Trust fund recovery penalty, countries. earlier. Form 5884-C. File Form 5884-C, Work Opportunity Credit for Form 945. File Form 945, Annual Return of Withheld Federal Qualified Tax-Exempt Organizations Hiring Qualified Veterans, to Income Tax, to report income tax withheld from nonpayroll claim the work opportunity credit for qualified first-year wages distributions or payments, including pensions, annuities, IRAs, paid to qualified veterans who begin working for the organization gambling winnings, and backup withholding. on or after November 22, 2011, and before January 1, 2026. Form 965-A and Form 965-B. See Form 965-A, Individual Form 5884-D. File Form 5884-D, Employee Retention Credit for Report of Net 965 Tax Liability; Form 965-B, Corporate and Real Certain Tax-Exempt Organizations Affected by Qualified Estate Investment Trust (REIT) Report of Net 965 Tax Liability Disasters, to claim the employee retention credit against certain and Electing REIT Report of 965 Amounts; and their respective payroll taxes if activities of the organization became inoperable instructions, for more information. because of damage from a qualified disaster. See the Form 1098. File Form 1098, Mortgage Interest Statement, to Instructions for Form 5884-D for more information. report the receipt from any individual of $600 or more of Form 6198. File Form 6198, At-Risk Limitations, if the mortgage interest (including points) in the course of the organization has a loss from an at-risk activity conducted as a organization's trade or business and reimbursements of overpaid trade or business or for the production of income. interest. Forms 8275 and 8275-R. Taxpayers and income tax return Forms 1099-A, B, DIV, INT, LTC, MISC, NEC, OID, R, S, and preparers file Form 8275, Disclosure Statement, and Form SA. Organizations engaged in an unrelated trade or business 8275-R, Regulation Disclosure Statement, to disclose items or may be required to: positions taken on a tax return or that are contrary to Treasury • File an information return on Forms 1099-A, B, DIV, INT, LTC, regulations (to avoid parts of the accuracy-related penalty or MISC, NEC, OID, R, S, and SA; certain preparer penalties). • Report acquisitions or abandonments of secured property through foreclosure; Form 8300. File Form 8300, Report of Cash Payments Over • Report proceeds from broker and barter exchange $10,000 Received in a Trade or Business, if the organization transactions; received more than $10,000 in cash or foreign currency in one • Report certain dividends and distributions; transaction or in a series of related transactions. See Form 8300, • Report interest income; Instructions for Form 8300, and Regulations section • Report certain payments made on a per diem basis under a 1.6050I-1(c). long-term care insurance contract, and certain accelerated Form 8582. File Form 8582, Passive Activity Loss Limitations, death benefits; for trusts that have losses (including prior-year unallowed losses) • Report miscellaneous income (such as payments to providers from passive activities. of health and medical services, and miscellaneous income payments); Form 8697. File Form 8697, Interest Computation Under the • Report nonemployee compensation; Look-Back Method for Completed Long-Term Contracts, to • Report original issue discount; figure the interest due or to be refunded under the look-back method of section 460(b)(2). The look-back method applies to Instructions for Form 990-T 5 |
Page 6 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. certain long-term contracts that are accounted for under either Analysis (OTSA). Other penalties, such as an accuracy-related the percentage method or the completion-capitalized cost penalty under section 6662A, may also apply. See the method. Instructions for Form 8886 for details. Form 8810. File Form 8810, Corporate Passive Activity Loss Form 8899. File Form 8899, Notice of Income From Donated and Credit Limitations, for closely held corporations that have Intellectual Property, to report income from qualified intellectual losses or credits (including prior-year unallowed losses and property. credits) from passive activities. Form 8925. File Form 8925, Report of Employer-Owned Life Form 8865. File Form 8865, Return of U.S. Persons With Insurance Contracts, which must be filed by every applicable Respect To Certain Foreign Partnerships, if the organization: policyholder owning one or more employer-owned life insurance 1. Controlled a foreign partnership (that is, owned more than contracts issued after August 17, 2006. a 50% direct or indirect interest in the partnership); Form 8975. Certain U.S. persons that are the ultimate parent 2. Owned at least a 10% direct or indirect interest in a entity of a U.S. multinational enterprise group with annual foreign partnership while U.S. persons controlled that revenue for the preceding reporting period of $850 million or partnership; more are required to file Form 8975. Form 8975 and its 3. Had an acquisition, disposition, or change in proportional Schedules A (Form 8975) must be filed with the income tax interest in a foreign partnership that: return of the ultimate parent entity of a U.S. multinational enterprise group for the tax year in or within which the reporting a. Increased its direct interest to at least 10% or reduced its period covered by Form 8975 ends. For more information, see direct interest of at least 10% to less than 10%; Form 8975, Schedule A (Form 8975), and the Instructions for b. Changed its direct interest by at least a 10% interest; or Form 8975 and Schedule A (Form 8975). 4. Contributed property to a foreign partnership in exchange Form 8978. File Form 8978, Partner's Additional Reporting for a partnership interest if: Year Tax, to report adjustments shown on Form 8986, Partner's a. Immediately after the contribution, the organization Share of Adjustment(s) to Partnership-Related Items, received directly or indirectly owned at least a 10% interest in the foreign from a partnership that has elected to push out adjustments to partnership; or partnership-related items to their partners. b. The FMV of the property the organization contributed to Form 8990. File Form 8990, Limitation on Business Interest the foreign partnership in exchange for a partnership interest, Expense Under Section 163(j), to claim a deduction for business when added to other contributions of property made to the interest unless the taxpayer meets certain specified exceptions. foreign partnership by the organization or a related person during Also, Form 8990 must be filed by any taxpayer that owns an the preceding 12-month period, exceeds $100,000. interest in a partnership with current-year or prior-year carryover Also, the organization may have to file Form 8865 to report excess business interest expense allocated from the certain dispositions by a foreign partnership of property it partnership. previously contributed to that foreign partnership if it was a Form 8991. File Form 8991, Tax on Base Erosion Payments of partner at the time of the disposition. See Form 8865 and its Taxpayers With Substantial Gross Receipts, for any corporation, separate instructions. other than a RIC, a REIT, or an S corporation, that has aggregate Form 8886. File Form 8886, Reportable Transaction Disclosure gross receipts of at least $500 million in 1 or more of the 3 Statement, to disclose information for each reportable preceding tax years ending with the preceding tax year. transaction in which the organization participated. Form 8886 Form 8993. File Form 8993, Section 250 Deduction for must be filed for each tax year that the federal income tax liability Foreign-Derived Intangible Income (FDII) and Global Intangible of the organization is affected by its participation in the Low-Taxed Income (GILTI), for the allowance of a deduction for transaction. The organization may have to pay a penalty if it is the eligible percentage of FDII. The deduction is allowed only to required to file Form 8886 but doesn’t do so. The following are domestic corporations (not including REITs, RICs, and S reportable transactions. corporations). • Any listed transaction that is the same as, or substantially Form 8994. File Form 8994, Employer Credit for Paid Family similar to, tax avoidance transactions identified by the IRS. and Medical Leave, to figure the employer credit for paid leave. • Any transaction offered under conditions of confidentiality for which the organization paid an advisor a fee of at least Form 8995. Refer to Form 8995, Qualified Business Income $250,000. Deduction Simplified Computation, if you are a trust filing Form • Certain transactions for which the organization has 990-T and have unrelated business income, to determine if you contractual protection against disallowance of the tax benefits. have qualified business income (QBI) and may be allowed a QBI • Any transaction resulting in a loss of at least $10 million in any deduction under section 199A. See the instructions for Form single year or $20 million in any combination of years. 8995, Part I, line 9. • Certain transactions identified by the IRS in published Form 8995-A. Refer to Form 8995-A. Use this form to figure guidance as a “transaction of interest” (a transaction that the IRS your qualified business income deduction. Use separate believes has a potential for tax avoidance or evasion, but hasn’t Schedules A, B, C, and/or D, as appropriate, to help calculate yet been identified as a listed transaction). the deduction. Form 8886-T. File Form 8886-T, Disclosure by Tax-Exempt Form 8997. File Form 8997, Initial and Annual Statement of Entity Regarding Prohibited Tax Shelter Transaction, to disclose Qualified Opportunity Fund (QOF) Investments, annually to information with respect to each prohibited tax shelter report investments held in a QOF at any time during the year. transaction to which the organization is a party. See the instructions for Form 8997. Penalties. The organization may have to pay a penalty if it is required to disclose a reportable transaction under section 6011 Accounting Methods and fails to properly complete and file Form 8886. The penalty is $50,000 ($200,000 if the reportable transaction is a listed An accounting method is a practice a taxpayer follows to transaction) for each failure to file Form 8886 with its return or for determine the year in which to report revenue and expenses for failure to provide a copy of Form 8886 to the Office of Tax Shelter federal income tax purposes. An accounting method includes 6 Instructions for Form 990-T |
Page 7 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. not only the overall plan of accounting for gross income or Alternatively, if a taxpayer, including a tax-exempt entity, has deductions (for example, an accrual method or the cash receipts not yet adopted an accounting method for an item of income or and disbursement method), but also the treatment of an item deduction, a change in how the entity reports the item isn’t a used in such overall plan. However, a practice that does not change in accounting method. In this case, the procedures affect the timing for reporting an item of income or deduction for applicable to requests for accounting method changes (the purposes of determining taxable income is not an accounting requirement to file Form 3115) aren’t applicable. See Rev. Proc. method. A taxpayer, including a tax-exempt entity, adopts any 2015-13 for the definition of what constitutes an accounting permissible accounting method in the first year in which it uses method change. the method in determining its taxable income. See Rev. Proc. Thus, a tax-exempt entity that has never taken into account 2015-13, 2015-5 I.R.B. 419. an item of income or deduction in determining taxable income An exempt organization may adopt an accounting does not have to request consent to change its method of reporting that item on its Form 990-T. Additionally, a tax-exempt CAUTION income, but also for purposes of determining whether ! method not only for purposes of calculating taxable entity that has never been subject to federal income tax on an taxable income will be subject to federal income tax. For item of income or deduction, but that is required to file a Form example, a tax-exempt entity may adopt an accounting method 990-T solely due to owing a section 6033(e)(2) proxy tax, does for an item of income from an unrelated trade or business activity not have to request consent to change its method for reporting even if the gross income from the activity is less than $1,000 and the item. is therefore not taxed for federal income tax purposes pursuant Adjustments required when changing an accounting to Regulations section 1.6012-2(e). method. A taxpayer, including a tax-exempt entity, that changes its accounting method must generally calculate and report an An accounting method for an item of income or deduction may adjustment to ensure that no portion of the item being changed generally be adopted separately for each of the taxpayer’s trades is permanently omitted or duplicated (see section 481(a)). or businesses. However, in order to be permissible, an However, depending on the specific method change, the IRS accounting method must clearly reflect the taxpayer’s income. may provide that an adjustment isn’t required or permitted. Unless instructed otherwise, the organization should generally Generally, a taxpayer, including a tax-exempt entity, will use the same accounting method on the Form 990-T and all ! recognize a positive section 481(a) adjustment (that is, schedules to report revenue and expenses that it regularly uses CAUTION an increase to income) ratably over 4 tax years and will to keep its books and records. recognize a negative section 481(a) adjustment in full in the year Accounting method change. Once a taxpayer, including a of change. See Rev. Proc. 2015-13 or its successor. tax-exempt entity, adopts an accounting method for federal income tax purposes, the taxpayer must generally request the An organization may elect a 1-year adjustment period for a IRS consent before it can change its accounting method (even if positive section 481(a) adjustment that is less than $50,000. See the year in which the taxpayer seeks to make the change is a the Instructions for Form 3115 for more information and the year in which it generates only tax-exempt income or is requirements to make this election. otherwise not taxed on its taxable income). In most cases, a Include any positive section 481(a) adjustment on taxpayer requests consent to change an accounting method by Schedule A (Form 990-T), Part I, line 12 (Other income). If the filing Form 3115, Application for Change in Accounting Method. section 481(a) adjustment is negative, report it as a deduction on See Rev. Proc. 2015-13, or any successor, for general Schedule A (Form 990-T), Part II, line 14 (Other deductions). procedures for obtaining consent to change an accounting The section 481(a) adjustment should not be reported on Form method. See the Instructions for Form 3115 and Pub. 538 for 990-T as a negative number. more information and exceptions. See Rev. Proc. 2021-34 for However, as discussed above, if a tax-exempt entity has not additional procedures that may apply for obtaining automatic yet adopted an accounting method for an item, a change in how consent to change methods of accounting for revenue the entity reports the item for purposes of filing the Form 990-T is recognition and certain other methods of accounting that may not a change in accounting method. In this case, an adjustment affect the accounting for revenue recognition. Also see Rev. under section 481(a) isn’t required or permitted. Proc. 2022-09 for additional procedures that may apply for obtaining automatic consent to change certain methods of accounting related to small businesses. Accounting Period Depending on the specific accounting method change being The return must be filed using the organization's established requested, the taxpayer may be able to request automatic annual accounting period. If the organization has no established consent. This means that, as long as the taxpayer follows the accounting period, file the return on the calendar-year basis. applicable procedures, the taxpayer does not have to wait for formal approval by the IRS before applying the new accounting Applicable entities such as state and local governmental method available at Rev. Proc. 2022-14, for the List of Automatic entities and Indian tribal governments that have not established Changes for 2022; as modified by Rev. Proc. 2022-23; 2022-18 an annual accounting period for purposes of filing a tax return I.R.B. 1052, available at Rev. Proc. 2022-23, providing guidance should identify their annual accounting period on their first Form allowing late elections under sections 168(j)(8) and 168(l)(3)(D), 990-T. and also providing guidance allowing a late election under section 181(a)(1), for a list of accounting method changes that Fiscal year. If the organization has established a fiscal year may qualify for automatic consent. accounting period, use the 2023 Form 990-T to report on the For example, a tax-exempt entity that has adopted an organization's fiscal year that began in 2023 and ended 12 accounting method for an item of income from an unrelated trade months later. A fiscal year accounting period should normally or business must generally request consent before it can change coincide with the natural operating cycle of the organization. Be its method of accounting for that item in any subsequent year. certain to indicate in Item A of Form 990-T, the date the This is true regardless of whether gross income from the organization's fiscal year began in 2023 and the date the fiscal unrelated trade or business is $1,000 or more in such year ended in 2024. subsequent year. To change an accounting period, some organizations may make a notation on a timely filed Form 990, 990-EZ, 990-PF, or Instructions for Form 990-T 7 |
Page 8 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 990-T. Others may be required to file Form 1128, Application To Name and Address Adopt, Change, or Retain a Tax Year. For details on which The name and address on Form 990-T should be the same as procedure applies to your organization, see Rev. Proc. 85-58, the name and address shown on other Forms 990. 1985-2 C.B. 740, and the Instructions for Form 1128. Include the suite, room, or other unit number after the street For the short-period return, figure the tax by placing the address. If the Post Office doesn’t deliver mail to the street organization's taxable income on an annual basis. If the address and the organization has a P.O. box, show the box organization changes its accounting period, file Form 990-T for number instead of the street address. the short period that begins with the first day after the end of the old tax year and ends on the day before the first day of the new If the organization receives its mail in care of a third party tax year. For details, see section 443. (such as an accountant or an attorney), enter on the street address line “C/O” followed by the third party's name and street address or P.O. box. Reporting 990-T Information on Other Returns Change of name. If the organization has changed its name, it must check the box next to “Name of Your organization may be required to file an annual information CAUTION! organization” and also provide the following when filing return on: this return, if it is: • Form 990, Return of Organization Exempt From Income Tax; • Form 990-EZ, Short Form Return of Organization Exempt • A corporation, is incorporated with the state or limited liability From Income Tax; company treated as a corporation for tax purposes (that is, not a • Form 990-PF, Return of Private Foundation or Section 4947(a) disregarded entity)—an amendment to the articles of (1) Nonexempt Charitable Trust Treated as a Private Foundation; incorporation or articles of organization along with proof of filing or with the state; • Form 5500, Annual Return/Report of Employee Benefit Plan. • A trust—an amendment to the trust agreement with the trustee(s) signature; or If so, include on that information return the unrelated business • An association, or an unincorporated association—an gross income and expenses (but not including the specific amendment to the articles of association, constitution, by-laws, deduction claimed on Part I, line 8, or any expense carryovers or other organizing document with signatures of at least two from prior years) reported on Form 990-T for the same tax year. officers/members. Rounding Off to Whole Dollars Items A Through L Item A. If the organization has changed its address since it last You may round off cents to whole dollars on the organization’s filed a return, check item A. return and schedules. If you do round to whole dollars, you must round all amounts. To round, drop amounts under 50 cents and If a change in address occurs after the return is filed, use increase amounts from 50 to 99 cents to the next dollar. For TIP Form 8822-B, Change of Address or Responsible example, $1.39 becomes $1 and $2.50 becomes $3. If you have Party — Business, to notify the IRS of the new address. to add two or more amounts to figure the amount to enter on a line, include cents when adding the amounts and round off only Item B. Check the box under which the organization receives its the total. If you are entering amounts that include cents, make tax exemption. sure to include the decimal point. There is no cents column on Qualified pension, profit-sharing, and stock bonus plans the form. should check the 501 box and enter “a” between the first set of parentheses. Do not make an entry in the space between the Public Inspection Requirements of Section 501(c) second parentheses. (3) Organizations For other organizations exempt under section 501, check the box for 501 and enter the section that describes their tax-exempt Under section 6104(d), a section 501(c)(3) organization that files status, for example, 501(c)(3). Form 990-T must make its entire annual exempt organization For tax-exempt organizations that don't receive their business income tax return (including amended returns) exemption under section 501, use the following guide. available for public inspection. See Appendix C. Public Inspection of Form 990-T Returns Filed by Section 501(c)(3) IF you are a THEN check this box Organization, later. IRA, SEP, or SIMPLE 408(e). Roth IRA 408A. Specific Instructions Archer MSA 220(e). Coverdell ESA 530(a). Period Covered File the 2023 form for calendar year 2023 or a fiscal year Qualified State Tuition Program 529(a). beginning in 2023 and ending in 2024. For a fiscal year, fill in the Qualified ABLE Program 529A. tax year information at the top of the form. The 2023 Form 990-T may also be used if: Public colleges and universities that have not obtained • The organization has a tax year of less than 12 months that recognition of exemption under section 501(c)(3), and applicable begins and ends in 2024, and entities that are not described in section 501(a) should not check • The 2024 Form 990-T isn't available at the time the any box in item B. organization is required to file its return. The organization must show its 2024 tax year on the 2023 Form 990-T and take into Item C. Enter the total of the end-of-year assets from the account any tax law changes that are effective for tax years organization's books of account. beginning after 2023. 8 Instructions for Form 990-T |
Page 9 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Item D. Every organization or entity filing Form 990-T must 1. The corporation is a subsidiary in an affiliated group have its own employer identification number (EIN). (defined in section 1504) but isn't filing a consolidated return for the tax year with that group. No organization or other entity should use the EIN 2. The corporation is a subsidiary in a parent-subsidiary ! of any other organization or entity. controlled group (defined in section 1563). CAUTION An employees' trust described in section 401(a) and exempt Excluded member. If the corporation is an "excluded under section 501(a) should enter its own trust identification member" of a controlled group (see section 1563(b)(2)), it is still number in this block. considered a member of a controlled group for purposes of item K. An IRA trust enters its own EIN in this block. An IRA trust never enters a social security number (SSN) or the trustee's EIN. Item L. Enter the name and address of the person who has the An EIN may be applied for in one of the following ways. organization's books and records and the telephone number at • Online. Go to IRS.gov/EIN. The EIN is issued immediately which they can be reached. once the application information is validated. • By mailing or faxing Form SS-4, Application for Employer Part I. Total Unrelated Business Identification Number. Taxable Income Note. Only organizations located in the United States or U.S. Total of Unrelated Business Taxable Income territories can use the online application. Foreign organizations must use one of the other methods to apply for an EIN in one of Computed From All Unrelated Trades or the following ways. Businesses Item E. If the organization is covered by a group exemption, Line 1. Enter the sum of the positive amounts from all enter the group exemption number. Schedules A (Form 990-T), Part II, line 18. Don’t include any Item F. Check this box if the organization previously filed a amount from Schedule A (Form 990-T), Part II, line 18, that is Form 990-T return with the IRS for a tax year and is now filing less than zero in the computation of total unrelated trade or another return for the same tax year to amend the previously business income reported on Part I, line 1. filed return. Also, see Amended return, earlier, for information Line 2. Reserved. Do not enter any amount on this line. you must include in an amended return. Item G. Check the box that describes your organization. Charitable Contributions Check the box for "6417(d)(1)(A) Applicable entity" only if no Line 4. Enter contributions or gifts actually paid within the tax other checkbox on this line applies. For example, a rural electric year to or for the use of charitable and governmental cooperative exempt under section 501(c)(12) should check the organizations described in section 170(c). Also, enter any box for 501(c) Corporation or 501(c) Trust, (as the case may be). unused contributions carried over from earlier years. The Similarly, a public college or university should check the box for deduction for contributions will be allowed whether or not directly "State college/university" even if it is filing Form 990-T solely with connected with the conduct of a trade or business. See regard to an elective payment election. Appendix B. Charitable Contribution Deduction, later. “Other trust” includes IRAs, SEPs, SIMPLEs, Roth IRAs, Coverdell ESAs, and Archer MSAs. Deduction for Net Operating Loss Arising in Tax Section 529 organizations check the 501(c) corporation or Years Beginning Before 2018 501(c) trust box depending on whether the organization is a corporation or a trust. Also, the box for 529(a) in item B must be Line 6. Enter the smaller of (a) the amount of NOL arising in tax checked. years beginning before January 1, 2018, or (b) the amount Compute your tax in Part II on the appropriate line. If you shown on Part I, line 1. ! check 501(c) corporation, you must compute your tax on CAUTION Part II, line 1, and leave line 2 blank. If you check 501(c) Specific Deduction trust, 401(a) trust, or Other trust, you must compute your tax on Part II, line 2, and leave line 1 blank. Line 8. A specific deduction of $1,000 is allowed except for computing the NOL and the net operating loss deduction under Item H. Check if filing Form 990-T only to claim a credit from section 172. Form 8941, to claim a refund shown on Form 2439, or to claim Only one specific deduction may be taken, regardless of the the elective payment election amount from Form 3800. number of unrelated businesses conducted. However, a Item I. Check if you are a 501(c)(3) organization filing a diocese, province of a religious order, or convention or consolidated return with a 501(c)(2) title holding corporation. association of churches is allowed one specific deduction for See Consolidated returns, earlier, for additional information. each parish, individual church, district, or other local unit that regularly conducts an unrelated trade or business. This applies Item J. Enter the total number of Schedules A attached to Form only to those parishes, districts, or other local units that aren't 990-T. An organization with one or more unrelated trades or separate legal entities but are components of a larger entity businesses will complete a separate Schedule A for each (diocese, province, convention, or association). Each specific unrelated trade or business. deduction will be the smaller of $1,000 or the gross income from Complete all needed Schedules A before completing any unrelated trade or business the local unit conducts. If you TIP Parts I through V of Form 990-T. claim a total specific deduction larger than $1,000, attach a statement showing how you figured the amount. The attached statement should include the name of each local unit, its gross Item K. Check “Yes” box if your organization is a corporation unrelated business income, and its allowable specific deduction and either (1) or (2) below applies. (which can’t exceed the smaller of $1,000 or the local unit’s gross unrelated business income). Instructions for Form 990-T 9 |
Page 10 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The diocese, province of a religious order, or convention or Tax Rate Schedule for Trusts association of churches must file a return reporting the gross income and deductions of all its units that aren't separate legal If the amount on Part II, line 2, is: Of the amount entities. These local units can’t file separate returns because Over— But not over— Tax is: over— they aren't separately incorporated. Local units that are separately incorporated must file their own returns and can’t be $0 $2,900 10% $0 2,900 10,550 $290 + 24% 2,900 included with any other entity except for a title holding company. 10,550 14,450 2,126 + 35% 10,550 See Consolidated Returns, earlier. 14,450 - - - - - 3,491 + 37% 14,450 For details on the specific deduction, see section 512(b)(12) and the related regulations. Proxy Tax Line 3. To pay the section 6033(e)(2) proxy tax on Section 199A Deduction nondeductible lobbying and political expenditures, enter the For trust filers only. If you are a trust filing Form 990-T and proxy tax on Part II, line 3, and attach a statement showing the have unrelated business income, you may have Qualified computation. Business Income (QBI) and may be allowed a QBI deduction Exempt organizations, except section 501(c)(3) and certain under section 199A. other organizations, must include certain information regarding Refer to the instructions for Form 8995, or Form 8995-A, (as lobbying expenditures on Form 990. In addition, organizations applicable) to determine whether you meet the requirements for may have to provide notices to members regarding their share of the QBI deduction and how to complete the applicable form. dues to which the expenditures are allocable. See the Instructions for Form 990 and Rev. Proc. 98-19, 1998-1 C.B. 547, Line 9. For purposes of calculating the QBI deduction, the for exceptions. taxable income before the QBI deduction is the amount reported on Part I, line 7, minus the amount reported on Part I, line 8. If the organization elects not to provide the notices described earlier, it must pay the proxy tax described in section 6033(e)(2). Note. For tax years beginning after 2017, the organization If the organization doesn’t include the entire amount of allocable determines the unrelated business income separately for each dues in the notices, it may have to pay the proxy tax. This tax unrelated trade or business, and the income for an unrelated isn't applicable to section 501(c)(3) organizations. Figure the trade or business can’t be less than zero. Since a loss from an proxy tax by multiplying the aggregate amount not included in unrelated trade or business isn’t included in the UBTI for the tax the notices described earlier by 21%. No deductions are year due to application of section 512(a)(6), when calculating allowed. QBI, omit items of income, gain, deduction, and loss from any unrelated trade or business that operated at a loss. A loss from Other Tax Amounts an unrelated trade or business will be carried forward to future Line 4. Part II, line 4, is intended to capture any positive tax years when the trust has income (or gain that is subject to amount that doesn’t have a specific line. An MeF (Internet filing) unrelated business income tax) from the same unrelated trade or dependency (attachment) captures the detail. Use line 4 to business and will be used in those years in calculating the QBI. report tax amounts not reported on a specific line in Part II Additionally, W-2 wages and unadjusted basis immediately after (excluding tax deferred under section 1294, which is included on the acquisition (UBIA) of qualified property from an unrelated Part III, line 4). trade or business that operated at a loss for the current tax year • Use this line to report the base erosion minimum tax amount aren’t used in calculating the limitation on QBI for taxpayers over under section 59A from Form 8991, Part IV, line 5e. Section 59A the threshold. applies to base erosion payments paid or accrued in tax years beginning after 2017. See the Instructions for Form 8991 to Part II. Tax Computation determine if the organization is an applicable taxpayer under section 59A(e), and, if the organization is an applicable taxpayer, Organizations Taxable as Corporations to determine the base erosion minimum tax amount. Enter the Line 1. Multiply Part I, line 11, by 21% (0.21). base erosion minimum tax amount on Part II, line 4. • Use this line to report the tax and interest on a nonqualified Trusts withdrawal from a capital construction fund (section 7518). • Use this line to report the deferred tax amount (defined in Line 2. Trusts exempt under section 501(a), which otherwise section 1291(c)(1)) that is the aggregate increase in taxes would be subject to subchapter J (estates, trusts, etc.), are taxed (described in section 1291(c)(2)) on an excess distribution from at trust rates. This rule also applies to employees' trusts that a passive foreign investment company (PFIC) that is taxable as qualify under section 401(a). Most trusts figure the tax on the UBTI. See the Instructions for Form 8621, Information Return by UBTI amount on Part I, line 11, using the Tax Rate Schedule for a Shareholder of a Passive Foreign Investment Company or Trusts, below. If the tax rate schedule is used, enter the tax on Qualified Electing Fund. Part II, line 2, and check the “Tax rate schedule” box. If the trust • Use this line to report the increase in tax attributable to a is eligible for the rates on net capital gains and qualified partner's audit liability. If your organization received Form 8986 dividends, complete Schedule D (Form 1041) and enter on Part from one or more partnerships that have elected to push out II, line 2, the tax from Schedule D (Form 1041). Check the adjustments to partnership-related items to their partners, “Schedule D” box on line 2 and attach Schedule D (Form 1041) complete and attach Form 8978. See the Instructions for Form to Form 990-T. 8978. Include any increase in taxes due from Form 8978, line 14, A trust with more than one unrelated trade or business on Part II, line 4. If Form 8978 shows a decrease in tax, do not report that here. Instead, a negative adjustment should be ! that computes its tax on Schedule D (Form 1041) may reported in Part III on line 1b. CAUTION need to adjust the amount entered on Schedule D (Form 1041), Part V, line 22, to include only the net gain from Unless otherwise indicated, when reporting deferred tax on Schedule D (Form 1041), line 18a (column 2), or line 19 (column line 4, don't include interest on the tax amount. Instead, report 2), that is included in income on Part I of Form 990-T. such interest as an “other amount due” on Part III, line 3. For example, interest on tax deferred under section 1291(c)(1), 10 Instructions for Form 990-T |
Page 11 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. determined under section 1291(c)(3) is reported on Part III, The organization is required to file Form 3800, General line 3. Business Credit, to claim any business credit. For a list of credits, see Form 3800. Include the allowable credit from Form How to report. Attach a statement to Part II, line 4, showing (a) 3800, Part II, line 38, on Form 990-T, Part III, line 1c. a brief description of the type of tax, and (b) the amount. For example, if the organization is reporting $100 of tax due from an Do not enter the net elective payment election amount increase in tax attributable to a partner's audit liability (Form ! from Form 3800 on line 1c. Enter the elective payment 8978), the attachment would show “Form 8978” and “$100.” CAUTION election amount from Form 3800 on line 6g. Alternative Minimum Tax An organization described in section 501(c) which is exempt from tax under section 501(a) should not use Line 5. Organizations liable for tax on unrelated business CAUTION! Form 3800 to claim the refundable small employer tax taxable income may be liable for alternative minimum tax. credit for certain health insurance premiums paid on behalf of its Trusts attach Schedule I, Alternative Minimum Tax–Estate employees. See the instructions for Part III, line 6f. See the and Trusts, and enter any tax from Schedule I on this line. instructions to Form 3800. Corporations may need to complete and attach Form 4626, Alterative Minimum Tax–Corporation, and enter any tax from Credit for Prior-Year Minimum Tax Form 4626 on this line. See the Instructions for Form 4626 for more information. Line 1d. Use Form 8801 to figure the minimum tax credit and any carryforwards of that credit for trusts. For corporations, use Tax on Noncompliant Facility Income Form 8827. Line 6. There is a tax on a hospital organization’s noncompliant Total Credits facility income. See Regulations section 1.501(r)-2 for more information. This tax is an income tax and is separate from the Line 1e. Add lines 1a through 1d. excise tax on a failure to meet the community health needs assessment requirements of section 501(r)(3) that is reported on Line 3. Other Amounts Due Form 4720. Line 3a. Recapture of investment credit. Use line 3a to report recapture of investment tax credit amounts required when Total certain investment tax credit property ceases to be qualified property before the end of the recapture period. See Form 4255, Line 7. Add Part II, lines 3, 4, 5, and 6, to Part II, line 1 or 2, Recapture of Investment Credit. whichever applies. Line 3b. Recapture of low-income housing credit. If the Part III. Tax and Payments corporation disposed of property (or there was a reduction in the qualified basis of the property) for which it took the low-income Foreign Tax Credit housing credit, and the corporation did not follow the procedures that would have prevented recapture of the credit, it may owe a • Corporations. See Form 1118, Foreign Tax tax. See Form 8611, Recapture of Low-Income Housing Credit. Credit—Corporations, for an explanation of when a corporation Line 3c. Interest due under the look-back method -- can claim this credit for payment of income tax to a foreign completed long-term contracts. If the corporation used the country or U.S. possession. percentage-of-completion method under section 460(b) for • Trusts. See Form 1116, Foreign Tax Credit (Individual, Estate, certain long-term contracts, figure any interest due or to be or Trust), for rules on how the trust computes the foreign tax refunded using the look-back method, described in section credit. 460(b)(2). Use Form 8697 to figure any interest due or to be Line 1a. Complete the form that applies to the organization and refunded. See the Instructions for Form 8697. Include any attach the form to Form 990-T. Enter the credit on this line. interest due on line 3c. Line 3d. Interest due under the look-back method -- Other Credits income forecast method. If the corporation used the income forecast method to depreciate property, it must figure any Line 1b. Use line 1b to enter nonrefundable credits not interest due or to be refunded using the look-back method, identified elsewhere in Part III, line 1. Attach a statement that lists described in section 167(g)(2). Use Form 8866 to figure any the applicable form and the amount of the credit. Such credits interest due or to be refunded. See the Instructions for Form may include the following. 8866. Include any interest due on line 3d. • Any QEV passive activity credits from prior years allowed for the current tax year from Form 8834, Qualified Electric Vehicle Line 3e. Other Additional amounts due may be included in the Credit, line 7. Attach Form 8834. total entered on Part III, line 3. Check the box for “Other” if the • The allowable credits from Form 8912, Credit to Holders of organization includes any of the items discussed. See How to Tax Credit Bonds, line 12. report below for details on reporting these amounts on an • If your organization received Form 8986 from one or more attached statement. partnerships that have elected to push out adjustments to • Interest on deferred tax attributable to installment sales of partnership-related items to their partners, complete and attach certain time-shares and residential lots (section 453(l)(3)) and Form 8978. See the Instructions for Form 8978. Enter the certain nondealer installment obligations (section 453A(c)). amount of any decrease in taxes due from Form 8978, line 14. • Interest due on deferred gain (section 1260(b)). • If the organization makes the election to be taxed on its General Business Credit income from qualifying shipping activities, complete Form 8902, Alternative Tax on Qualifying Shipping Activities, and attach it to Line 1c. Enter the organization's total general business credit Form 990-T. See Income from qualifying shipping activities, later. (excluding the work opportunity credit, the employee retention How to report. If the organization checked the “Other” box, credit, the empowerment zone employment credit, the Indian attach a statement showing the computation of each item employment credit, and the credit for employer differential wage included in the total for Part III, line 3e. In addition, identify (a) the payments). See the Instructions for Form 3800 for exceptions. applicable Code section or form number, (b) the type of tax or Instructions for Form 990-T 11 |
Page 12 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. interest, and (c) the amount of tax or interest. For example, if the line 6e. See Backup withholding under Which Parts To organization is reporting $100 of tax due from the recapture of Complete, earlier. the QEV credit, enter “Section 30—QEV recapture tax—$100” on the attached statement. Credit for Small Employer Health Insurance Premiums Total Tax Line 6f. An organization described in section 501(c) which is Line 4. Include any deferred tax on the termination of a section exempt from tax under section 501(a) may be eligible to claim 1294 election applicable to shareholders in a qualified electing the refundable small employer tax credit for a percentage of fund (QEF) in the amount entered on Part III, line 4. See Form certain health insurance premiums paid on behalf of its 8621, Part VI, and How to report, later. employees. Subtract from the total entered on Part III, line 4, any deferred A tax-exempt eligible small employer can request the tax on the corporation's share of undistributed earnings of a refundable credit by attaching Form 8941, Credit for Small QEF. See Form 8621, Part III. Employer Health Insurance Premiums, showing the calculation How to report. Attach a statement showing the computation for the amount of the refundable credit claimed. A tax-exempt of each item included in, or subtracted from, the total on Part III, organization is eligible for the refundable credit if it is an line 4. Specify (a) the applicable Code section, (b) the type of organization that is described in section 501(c) which is exempt tax, and (c) the amount of tax. from tax under section 501(a). The organization must keep records to substantiate the amount of the credit claimed. Line 5 If a tax-exempt eligible small employer is filing Form Section 965 TIP 990-T only to request a credit for small employer health insurance premiums paid, complete the following steps. Corporation. For tax years 2021 and later, a corporation will not have any section 965(a) inclusions to report. If the organization 1. Fill in the heading (the area above Part I) except items J elected to pay its section 965 net tax liability in installments, the and K. Check the box for “Credit from Form 8941” in item H . organization should attach Form 965-B to Form 990-T. However, 2. Enter -0- on Part I, line 11, and Part III, line 4. the current-year installment should be paid with a separate 3. Enter the credit from Form 8941, line 20, on Part III, voucher (which will be mailed to the organization in advance of line 6f. the payment due date). Don’t include the current-year installment in the Tax and Payments computation in Part III. 4. Complete Part III, lines 7, 10, and 11, and the signature area. Trust. A trust that has "net 965 tax liability" for the current tax year (as described in the Instructions for Form 965-A) should enter on line 5 the amount from the current-year line on Form Elective payment election 965-A, Part II, column (k). If the trust has no net 965 tax liability for the current tax year, but has elected to pay its section 965 net Line 6g. Enter the elective payment election amount from Form tax liability in installments, the trust should attach Form 965-A to 3800. See the Instructions for Form 3800. On line 6g, enter the Form 990-T, but should not include the current-year installment total net elective payment election amount from Form 3800, Part in the Tax and Payments computation in Part III (as described III, line 6, column (i). above for corporations). Tax on Undistributed Long-Term Capital Gain by Estimated Tax Payments RIC or Reit Line 6b. Enter the total estimated tax payments made for the Line 6h. Enter the elective payment election amount from Form tax year. 3800. See the Instruction for Form 3800. If an organization is the beneficiary of a trust, and the trust Enter the amount of tax paid by a regulated investment makes a section 643(g) election to credit its estimated tax company (RIC) or real estate investment trust (REIT) on payments to its beneficiaries, include the organization's share of undistributed long-term capital gains. Attach each Form 2439 the estimated tax payments in the total amount entered here. you received from each RIC or REIT of which you are a Attach a statement showing the amount of the section 643(g) shareholder. If you are filing a composite Form 990-T, see credit amount. Composite Form 990-T under Which Parts To Complete, earlier. Foreign Organizations Credit for Federal Excise Tax Paid on Fuels Line 6d. Enter the tax withheld on UBTI from U.S. sources that Line 6i. If you paid a federal excise tax on certain fuels and isn't effectively connected with the conduct of a trade or qualify for any of the credits listed below, attach Form 4136 to business within the United States. Attach Form 1042-S, Foreign your return and enter the total credit on line 6i. Person's U.S. Source Income Subject to Withholding, or another • The biodiesel or renewable diesel mixture credit form which verifies the withheld tax reported on Part III, line 6d. • The alternative fuel credit. • A credit for certain nontaxable uses (or sales) of fuel during Backup Withholding your income tax year. Line 6e. Recipients of dividend or interest payments must • A credit for blending a diesel-water fuels emulsion. generally certify their correct tax identification number to the • A credit for exporting dyed fuels or gasoline blendstocks. bank or other payer on Form W-9. If the payer doesn’t get this • Substainable aviation fuel (SAF) credit. information, it must withhold part of the payments as “backup See the instructions for Form 4136 for more information about withholding.” If your organization was subject to erroneous these credits. backup withholding because the payer didn’t realize you were an exempt organization and not subject to this withholding, you can Note: Form 8849, Claim for Refund of Excise Taxes, may be claim credit for the amount withheld by including it on Part III, used to claim a periodic refund of excises taxes instead of 12 Instructions for Form 990-T |
Page 13 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. waiting to claim a credit on Form 4136. See the Instructions for If the “Yes” box is checked, write the name of the foreign Form 8849 and Pub. 510, Excise Taxes. country or countries. If the list of foreign country names will not fit in the available space, continue the list in Part V, Supplemental Other Credits Information. Line 6j. For other credits, check the “Other ” box and provide Get FinCEN Form 114, Report of Foreign Bank and Financial the following information: Accounts (FBAR), to see if the organization is considered to • The number of the form used to calculate the credit, or the have an interest in or signature or other authority over a financial code section that establishes the credit, account in a foreign country (such as a bank account, securities • A brief description of the credit, and account, or other financial account). If the organization is • The amount of the credit. required to file this form, file FinCEN Form 114 electronically with the Department of the Treasury using FinCEN's BSA E-Filing If necessary, provide information required to claim a specific System. Because FinCEN Form 114 isn't a tax form, don't file it credit in Part V, Supplemental Information. with Form 990-T. Other credits may include the following: See FinCEN for more information. • The credit for ozone-deleting chemicals. Include any credit the organization is claiming under section 4682(g) for taxes paid on Line 2. The organization may be required to file Form 3520, chemicals under as propellants in metered-dose inhalers. Annual Return To Report Transactions With Foreign Trusts and • The amount of current year net section 965 tax liability, For a Receipt of Certain Foreign Gifts, if either of the following applies. trust, this amount will be from Form 956-A, Part I, column (d), • It directly or indirectly transferred money or property to a line 4. foreign trust. For this purpose, any U.S. person who created a foreign trust is considered a transferor. Note: Do not use Part III, line 6j, to claim a refund of federal tax • It is treated as the owner of any part of the assets of a foreign withheld and shown on Form 1099, Claims for refund of backup trust under the grantor trust rules. withholding should be shown on Part III, line 6e. See the Instructions for Form 3520. Estimated Tax Penalty An owner of a foreign trust must ensure that the trust files an annual information return on Form 3520-A, Line 8. Use Form 2220, Underpayment of Estimated Tax by CAUTION! Annual Information Return of Foreign Trust With a U.S. Corporations, to see if the organization owes a penalty and its Owner. For details, see the Instructions for Form 3520-A. amount. Generally, the organization isn't required to file this form because the IRS can figure the amount of any penalty and notify Line 3. Report any tax-exempt interest received or accrued in the organization. However, even if the organization doesn’t owe the space provided. Include any exempt-interest dividends the penalty, you must complete and attach Form 2220 if either of received as a shareholder in a mutual fund or other RIC. the following applies. • The annualized income or adjusted seasonal installment Line 4. Use line 4 to show the amount of the NOL carryover to method is used. the tax year from tax years prior to 2018 (“pre-2018 NOL”), even • The organization is a “large organization” computing its first if some of the loss is used to offset income on this return. The required installment based on the prior year's tax. amount to enter is the total of all pre-2018 NOLs generated in any year prior to 2018, and not used to offset income (either as a If you attach Form 2220, check the box on Form 990-T, Part carryback or carryover) to a tax year prior to 2023. Do not reduce III, line 8, and enter the amount of any penalty on this line. the amount by any NOL deduction reported on Part I, line 6. Tax Due Line 5. Use the table in line 5 to show the amount of each NOL carryover from tax years after 2017 that is attributable to each Line 9. You must pay the tax in full when the return is filed. You separate trade or business conducted at any time after 2017 may pay by EFTPS. For more information about EFTPS, see (“siloed post-2017 NOL”) to the tax year. Include the NOL for Electronic Deposit Requirement, earlier. Also, you may pay by each separate trade or business conducted after 2017, even if a credit or debit card. Schedule A for any one or more specific trades or businesses To pay by credit or debit card. For information on paying isn’t included with this return for this tax year. Report the full your taxes electronically, including by credit or debit card, go to amount of the available NOL for each separate trade or IRS.gov/E-pay. business, even if some of the loss is used. Part IV. Statements Regarding Certain In the first column under line 5, identify the business activity code to which each NOL relates. In the second column, enter the Activities and Other Information total amount of each siloed post-2017 NOL generated in any prior year after 2017 and not used to offset income (either as a Complete all lines in Part IV. carryback or carryover) to a tax year prior to 2023 to offset income reported on a Schedule A filed for that separate trade or Line 1. Check “Yes” if either item (1) or (2) below applies. business on this return. Don’t reduce the amount by any NOL 1. At any time during the year the organization had an deduction reported on Schedule A, Part II, line 17. See Separate interest in or signature or other authority over a financial account Trades or Businesses, later, for information about changing the in a foreign country (such as a bank account, securities account, business activity code associated with a particular trade or or other financial account); and business, and the effect of such a change on NOLs. a. The combined value of the accounts was more than $10,000 at any time during the year; and Part V. Supplemental Information b. The accounts were not with a U.S. military banking facility Use Part V to provide the IRS with narrative information required operated by a U.S. financial institution. for responses to specific questions on Form 990-T, and to explain the organization’s operations or responses to various 2. The organization owns more than 50% of the stock in any questions. corporation that would answer “Yes” to item (1). Instructions for Form 990-T 13 |
Page 14 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Signature The authorization can’t be revoked. However, the authorization will automatically end no later than the due date Corporations. The return must be signed and dated by the (excluding extensions) for filing next year's Form 990-T. president, vice president, treasurer, assistant treasurer, or chief accounting officer, or by any other corporate officer (such as a Enter the paid preparer’s Preparer Tax Identification tax officer) authorized to sign. Receivers, trustees, or assignees ! Number (PTIN), not their SSN, in the “PTIN” box in the must also sign and date any return filed on behalf of the CAUTION paid preparer’s block. Because Form 990-T is publicly organization. disclosable when filed by a 501(c)(3) organization, any information entered in this block will be publicly disclosed. For Trusts. The return must be signed and dated by the individual more information about PTINs, go to IRS.gov/Taxpros. fiduciary, or by the authorized officer of the trust receiving or having custody or control and management of the income of the trust. If two or more individuals act jointly as fiduciaries, any one General Instructions — Schedule A of them may sign. Special rule for IRA trusts. A trustee of IRA trusts may use (Form 990-T) a facsimile signature if all of the following conditions are met. • Each group of returns sent to the IRS must be accompanied Purpose of the Schedule by a letter signed by the person authorized to sign the returns Complete a separate Schedule A to report income and allowable declaring, under penalties of perjury, that the facsimile signature deductions for each separate unrelated trade or business. appearing on the returns is the signature adopted by that person to sign the returns filed and that the signature was affixed to the returns by that person or at that person's direction. Separate Trades or Businesses • The letter must also list each return by the name and EIN of the IRA trust. An exempt organization may engage in more than one unrelated • After the facsimile signature is affixed, no entries on the return trade or business. Prior to the enactment of section 512(a)(6), an may be altered other than to correct discernible arithmetic errors. exempt organization deriving gross income from the regular • A manually signed copy (of the letter submitted to the IRS with conduct of two or more unrelated trades or businesses the returns and a record of any arithmetic errors corrected) must calculated UBTI by determining its aggregate gross income from be retained on behalf of the IRA trusts listed in the letter and it all such unrelated trades or businesses and reducing that must be available for inspection by the IRS. amount by the aggregate deductions allowed with respect to all such unrelated trades or businesses. However, section 512(a)(6) Paid preparer. If an officer of the organization filled in its return, changed this calculation for exempt organizations with more than the paid preparer's space should remain blank. Anyone who one unrelated trade or businesses so that, in the case of any prepares the return but doesn’t charge the organization should exempt organization with more than one unrelated trade or not sign the return. Certain others who prepare the return should business: not sign. For example, a regular, full-time employee of the • UBTI, including for purposes of determining any NOL organization, such as a clerk, secretary, etc., should not sign. deduction, shall be computed separately with respect to each Generally, anyone who is paid to prepare the organization's trade or business and without regard to section 512(b)(12) tax return must sign it and fill in the Paid Preparer Use Only area. (allowing a specific deduction of $1,000); The paid preparer must complete the required preparer • The UBTI of such exempt organization shall be the sum of the information and do the following. UBTI so computed with respect to each trade or business, less a • Sign the return in the space provided for the preparer's specific deduction under section 512(b)(12); and signature. • For purposes of section 512(a)(6)(B), UBTI with respect to • Give a copy of the return to the organization. any such trade or business shall not be less than zero. Note. A paid preparer may sign original returns, amended Thus, under section 512(a)(6), an exempt organization may returns, or requests for filing extensions by rubber stamp, not aggregate income and deductions from all unrelated trades mechanical device, or computer software program. Also, or businesses when calculating UBTI. facsimile signatures are authorized. An organization determines whether it regularly carries on Paid preparer authorization. If the organization wants to allow one or more unrelated trades or businesses by applying sections the IRS to discuss this tax return with the paid preparer who 511 through 514. Identify each separate trade or business using signed it, check the “Yes” box in the signature area of the return. the first two digits of the NAICS two-digit code that most This authorization applies only to the individual whose signature accurately describes the unrelated trade or business based on appears in the Paid Preparer Use Only section of its return. It the more specific NAICS code, such as at the six-digit level. doesn’t apply to the firm, if any, shown in that section. Identify activities in the nature of investments, which aren’t If the “Yes” box is checked, the organization is authorizing the described in NAICS, using the appropriate business activity IRS to call the paid preparer to: code described under Non-NAICS Business Activity Codes, • Give the IRS any information that is missing from its return; later. • Call the IRS for information about the processing of its return or the status of its refund or payment(s); and An organization will use each NAICS two-digit code only • Respond to certain IRS notices that the organization has once. For example, a hospital organization that operates several shared with the preparer about a math error, offsets, and return hospital facilities that include pharmacies that sell goods to the preparation. The notices won't be sent to the preparer. general public would include all the pharmacies under the The organization isn't authorizing the paid preparer to receive NAICS two-digit code for retail trade, regardless of whether the any refund check, bind the organization to anything (including hospital organization keeps separate books and records for each any additional tax liability), or otherwise represent the pharmacy. organization before the IRS. If the organization wants to expand the paid preparer's authorization, see Pub. 947, Practice Before Once a two-digit NAICS code or business activity code is the IRS and Power of Attorney. used for an unrelated trade or business, you should continue to use that same code in subsequent tax years. If it is necessary to 14 Instructions for Form 990-T |
Page 15 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. change the two-digit NAICS code or business activity code Schedule A that apply to the unrelated trade or business previously used for an unrelated trade or business, you must reported on that Schedule A. report the change in a statement attached to the Schedule A on Is gross income $10,000 or less? If the sum of the amounts in which the activities are reported. The statement should include all Schedules A (Form 990-T), Part I, line 13, column (A), is (1) the two-digit NAICS code or business activity code used in $10,000 or less, complete Schedule A (Form 990-T) and Form the previous tax year; (2) the two-digit NAICS code or business 990-T as follows. activity code used this year and, if filing more than one Schedule A, the sequence numbers from item D of the applicable Schedule A; and (3) a narrative explanation Schedule A (Form 990-T) describing the reason for the change. See Regulations section 1.512(a)-6(h)(4) regarding the Complete the heading on each Schedule A. ! potential effects on NOL carryforwards upon a change of Part I. Complete only the lines that apply. CAUTION the two-digit NAICS code for an unrelated trade or 1. Enter information directly in column (A) on lines 1, 3 business. through 5, 12, and 13. Regulations section 1.512(a)-6(c)(9) describes a 2. Entries for lines 2, and 6 through 11, must be made on the Part referenced in the text for the line in Part I. For example, enter CAUTION transition period ended on the first day of the first tax ! transition rule for certain partnership interests. The the amount for Part I, line 2, on Part III, line 8. For Part I, line 6, year beginning after December 2, 2020. columns (A) and (B), enter the amounts on Part IV, line 3 and line 5, respectively. 3. Make entries as necessary to complete the applicable Dual-Use Property lines in column (C). Section 512(a)(1) permits an exempt organization with an Part II. Complete lines 15–18, and if necessary, the attachment unrelated trade or business to reduce the income from that trade to line 17 (NOL deduction). or business by the deductions allowed by Chapter 1 that are directly connected with the carrying on of such trade or Form 990-T business. To be “directly connected” with a trade or business, an item of deduction must have a proximate and primary relationship to the carrying on of the unrelated trade or business 1. Complete all applicable lines in the heading area. generating the gross income. See Regulations section 2. Complete all applicable lines as needed to determine the 1.512(a)-1(a). Expenses, depreciation, and similar items appropriate tax, applicable credits, and balance due or refund attributable solely to the conduct of an unrelated trade or amount. business are proximately and primarily related to that trade or 3. Complete the signature area. business and qualify to reduce income from such trade or business under section 512(a)(1) to the extent such items meet If an entry for a line on Part I or Part II must be made on a the requirements of section 162 (trade or business expenses), ! different Part of Schedule A, complete only the lines in section 167 (depreciation), and other relevant provisions. To the CAUTION the Part that reference a specific line on Part I or Part II. extent that an exempt organization may have items of deduction Leave all other lines in the applicable Part blank. that are shared between an exempt activity and an unrelated trade or business, Regulations section 1.512(a)-1(c) provides special rules for allocating such expenses. For example, if Filers with gross income of $10,000 or less, as described facilities are used both to carry on exempt activities and to above, don't have to complete Schedule A, Parts III though X conduct unrelated trade or business activities, then expenses, (except as described above because certain entries must be depreciation, and similar items attributable to such facilities must made in those sections to populate lines in Parts I and II). be allocated between the two uses on a reasonable basis. See However, refer to the applicable Parts of Schedule A when Regulations section 1.512(a)-1(c). The allocation issues under completing Schedule A, Part I, column (A), and in determining section 512(a)(1) are also relevant under section 512(a)(6) the deductible expenses to include on Schedule A, Part I, because an exempt organization with more than one unrelated line 13, column (B). trade or business must not only allocate indirect expenses among exempt and taxable activities, as described in Exceptions and Special Rules Regulations section 1.512(a)-1(c) but also among separate unrelated trades or businesses. Member income of mutual or cooperative electric compa- nies. Income of a mutual or cooperative electric company The allocation of expenses, depreciation, and similar items described in section 501(c)(12), which is treated as member using an unadjusted gross-to-gross method is not reasonable if income under subparagraph (H) of that section, is excluded from the cost of providing the good or service is substantially the UBTI. same but the price charged differs between related and Income from qualifying shipping activities. The unrelated activities. organization's gross income doesn’t include income from qualifying shipping activities (as defined in section 1356) if the Which Parts To Complete organization makes an election under section 1354 on a timely filed return (including extensions) to be taxed on its notional Complete a separate Schedule A, Parts I and II, for each shipping income (as defined in section 1353) at the highest unrelated trade or business. Complete only the lines relevant to corporate rate. If the election is made, the organization generally the unrelated trade or business being reported on that may not claim any loss, deduction, or credit with respect to Schedule A. qualifying shipping activities. An organization making this election may also elect to defer gain on the disposition of a Is gross income more than $10,000? If the sum of the qualifying vessel under section 1359. Use Form 8902 to figure amounts in all Schedules A (Form 990-T), Part I, line 13, column the tax. Include the alternative tax on Form 990-T, Part III, line 3e. (A), is more than $10,000, you must complete all Parts of each Instructions for Form 990-T 15 |
Page 16 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Passive loss and at-risk limitations. Under section 469, How to report income received from a payment certain taxpayers, including certain tax-exempt organizations, ! card and third-party network transaction. An may not deduct a passive activity loss (PAL). Such tax-exempt CAUTION organization that receives a Form 1099-K reporting a organizations (“affected tax-exempt organizations”) include a “gross amount” received from payment card and third-party trust (such as a trust described in section 501(c), a trust network transactions in the tax year should report these amounts described in section 401(a), or an IRA), and a corporation if at in the same manner as if the payments weren’t reported on a any time during the last half of its tax year more than 50% in Form 1099-K. There isn’t any one specific line on which to report value of the outstanding stock of the corporation is owned, an amount from Form 1099-K; the correct line should be directly or indirectly, by or for not more than five organizations determined based on the nature of the payments. Some that are private foundations under section 509(a) or are payments received may constitute unrelated business income; described in section 401(a) or 501(c)(17) (for example, a stock see the instructions below to determine the appropriate line. For corporation described in section 501(c)(2) with a 401(a) parent instance, if some of the payments are sales income from an or private foundation parent). unrelated business, then those payments would be reported on Part I, line 1a. Retain Form 1099-K with your other records. A PAL occurs when total losses (including prior-year unallowed losses) from all the organization’s passive activities exceed the total income from all its passive activities. Generally, Specific Instructions—Schedule A passive activities include (1) trade or business activities in which (Form 990-T) the organization didn’t materially participate for the tax year; and (2) rental activities, regardless of your participation. If the organization has income or loss from a passive activity, several Items A Through E lines on Form 990-T and Schedule A (Form 990-T) may be Item A. Enter the same name as entered in the heading area of affected by these rules. Form 990-T. PALs can’t be used to offset income from nonpassive Item B. Enter the same EIN as entered in item D of Form 990-T. activities. Passive activity income doesn’t include portfolio income. Portfolio income (see Temporary Regulations section Item C. On each Schedule A, enter the business activity code 1.469-2T(c)(3)) is income from a nonpassive activity. Portfolio that best describes the organization's unrelated trade or income includes all gross income, other than income derived in business reported on that Schedule A. Modernized e-File the ordinary course of a trade or business, that is attributable to requires a 6-digit numerical entry for item C. Unless you are interest, dividends, annuities, and royalties (by contrast, a bank's using a 6-digit non-NAICS business activity code, you should receipt of interest is in the ordinary course of a trade or business, enter the 2 digits of the NAICS code in the first two positions and as is a securities dealer's receipt of dividends). Portfolio income then enter 4 zeros to complete the entry. For example, if the also includes gain or loss from the disposition of property that 2-digit business activity code 45 (for retail trade) best describes produces portfolio income or is held for investment (see section your unrelated trade or business, enter “450000” in item C. See 163(d)(5)). The rule treating portfolio income as not from a Business Activity Codes, later, for more information about passive activity doesn’t apply to the extent that income, of a type business activity codes. generally regarded as portfolio income, is derived in the ordinary course of a trade or business. For example, the business income Part I. Unrelated Trade or Business of a bank typically is largely interest. Similarly, a securities Income broker/dealer may earn a substantial portion of the income from the business in the form of dividends and gains on sales of dividend-bearing instruments. Interest income may also arise in Gross Receipts or Sales the ordinary course of a trade or business with respect to Line 1a. Enter the gross receipts from an unrelated trade or installment sales and interest charges on accounts receivable. business regularly conducted that involves the sale of goods or This means that portfolio income may not be reduced by PALs or performance of services. passive activity credits. For example, any portfolio income earned by a trust described in section 501(a) that is UBTI (such A section 501(c)(7) social club would report its as unrelated debt-financed income) may not be offset by PALs TIP restaurant and bar receipts from nonmembers on from an unrelated trade or business. Schedule A, Part I, line 1, but would report its investment income on Schedule A, Part I, line 9, and on Schedule A, Part Section 469(k) provides that the passive activity limitations VII. must be applied separately to items from each publicly traded partnership (PTP). A PTP is a partnership whose interests are Advance payments. In general, advance payments are traded on an established securities market or are readily reported in the year of receipt. To report income from long-term tradable on a secondary market (or its substantial equivalent). contracts, see section 460. For rules that allow a limited deferral PALs from a PTP may generally be used only to offset income or of advance payments beyond the current tax year, see section gain from passive activities of the same PTP. This means that a 451(c). Also, see Regulations sections 1.451-8(c), (d), and (e). partner in a PTP may not use PALs and passive activity credits For applicability dates, see Regulations section 1.451-8(h). For from a PTP to offset income from other sources, including information on adopting or changing to a permissible method for passive activity income from another PTP. Such PALs and reporting advance payments for services and certain goods by passive activity credits aren't allowed for the tax year. an accrual method corporation, see the Instructions for Form Generally, PALs are subject to other limitations (for example, 3115. Also, see Rev. Proc. 2021-34. basis and at-risk limitations) before they are subject to the PAL Installment sales. Generally, the installment method cannot be limitations. For example, the at-risk rules under section 465 used for dealer dispositions of property. A “dealer disposition” is generally prohibit trusts and corporations that are affected (a) any disposition of personal property by a person who tax-exempt organizations from claiming losses from activities in regularly sells or otherwise disposes of personal property of the excess of the taxpayer’s amount at risk in the activity. same type on the installment plan, or (b) any disposition of real An affected tax-exempt organization may need to attach Form property held for sale to customers in the ordinary course of the 6198 and either Form 8582 or Form 8810. For more information taxpayer's trade or business. on these rules, see Pub. 925, Passive Activity and At-Risk Rules. 16 Instructions for Form 990-T |
Page 17 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. These restrictions on using the installment method don't An organization that transfers securities it owns for the apply to dispositions of property used or produced in a farming contractual obligation of the borrower to return identical business or sales of time-shares and residential lots for which securities recognizes no gain or loss on that exchange or on the the organization elects to pay interest under section 453(l)(3). subsequent receipt of identical securities in satisfaction of the For sales of time-shares and residential lots reported under contractual obligation. To qualify for this treatment, the the installment method, the organization's income tax is organization must lend the securities under an agreement that increased by the interest payable under section 453(l)(3). requires: Enter on Schedule A, Part I, line 1a and line 3, the gross profit 1. The return of identical securities; on collections from installment sales for any of the following. 2. The payment of amounts equivalent to the interest, • Dealer dispositions of property before March 1, 1986. dividends, and other distributions that the owner of the securities • Dispositions of property used or produced in the trade or would normally receive; and business of farming. 3. The risk of loss or opportunity for gain not be lessened. • Certain dispositions of time-shares and residential lots reported under the installment method. See sections 512(a)(5) and 1058(b) for details. Attach Form 6252 to show information about each installment Debt-financed property disposition. The amount of gain or sale. loss to be reported on the sale, exchange, or other disposition of Nonaccrual experience method. Accrual method debt-financed property is the same percentage as the highest organizations aren't required to accrue certain amounts to be acquisition indebtedness for the property for the 12-month received from the performance of services that, on the basis of period before the date of disposition is to the average adjusted their experience, won't be collected, if: basis of the property. The percentage may not be more than • The services are in the field of health, law, engineering, 100%. See the instructions for Schedule A, Part V, line 5, to architecture, accounting, actuarial science, performing arts, or determine adjusted basis and average adjusted basis. consulting; or If debt-financed property is depreciable or depletable • The organization's average annual gross receipts for the 3 property, the provisions of sections 1245, 1250, 1252, 1254, and prior tax years doesn’t exceed $29 million. 1255 must be considered first. This provision doesn’t apply to any amount if interest is Example. On January 1, 2022, an exempt educational required to be paid on the amount or if there is any penalty for corporation, using $288,000 of borrowed funds, purchased an failure to timely pay the amount. See Regulations section office building for $608,000. The only adjustment to basis was 1.448-3. Organizations that qualify to use the nonaccrual $29,902 for depreciation (straight line method under MACRS experience method should attach a statement showing total over the 39-year recovery period for nonresidential real gross receipts, amounts not accrued as a result of the property). The corporation (section 501(c)(3) organization) sold application of section 448(d)(5), and the net amount accrued. the building on December 31, 2023, for $640,000. At the date of Enter the net amount on Schedule A, Part I, line 1a. sale, the adjusted basis of the building was $578,098 ($608,000 − $29,902) and the indebtedness remained at $288,000. The Gain or loss on disposition of certain brownfield property. adjusted basis of the property on the first day of the year of Gain or loss from the qualifying sale, exchange, or other disposition was $593,037. The average adjusted basis is disposition of a qualifying brownfield property (as defined in $585,568 (($593,037 + $578,098) ÷ 2). The debt/basis section 512(b)(19)(C)), which was acquired by the organization percentage is 49% ($288,000 ÷ $585,568). after 2004, is excluded from unrelated business taxable income The taxable gain is $30,332 (49% × ($640,000 − $578,098)). and is excepted from the debt-financed rules for such property. This is a long-term capital gain. A corporation should enter the See sections 512(b)(19) and 514(b)(1)(E). gain on Schedule D (Form 1120), Part II, line 8. A trust should enter the gain on Schedule D (Form 1041), Part II, line 8, if Capital Gain Net Income applicable. In either scenario (a corporation or a trust), the Line 4a. Generally, organizations required to file Form 990-T educational organization must attach a statement to Form 990-T, (except organizations described in sections 501(c)(7), (9), and in addition to the Schedule D, showing how the gain was figured (17)) aren't taxed on the net gains from the sale, exchange, or along the lines described in this example, if the details weren’t other disposition of property. However, net capital gains on provided with the Schedule D. debt-financed property, capital gains on cutting timber, and Disposition of property received from taxable subsidiary ordinary gains on sections 1245, 1250, 1252, 1254, and 1255 and used in unrelated business. A taxable 80%-owned property are taxed. See Form 4797, Sales of Business Property, subsidiary corporation of one or more tax-exempt entities is and its instructions for additional information. generally subject to tax on a distribution in liquidation of its Also, any capital gain or loss passed through from an S assets to its exempt parent (or parents). See section 337. The corporation or any gain or loss on the disposition of S assets are treated as if sold at FMV. corporation stock by a qualified tax-exempt organization (see S “Tax-exempt entities” for this purpose include organizations Corporations, later) is taxed as a capital gain or loss and described in sections 501(a), 529, 529A, and 115; charitable reported on Part I, line 4. remainder annuity trusts or unitrusts; U.S. (including states) and Capital gains and losses should be reported by a trust on foreign governments; Indian tribal governments and certain Schedule D (Form 1041), Capital Gains and Losses, and by a corporations; international organizations; and similar non-taxable corporation on Schedule D (Form 1120), Capital Gains and organizations. Losses (and Form 8949, Sale and Other Dispositions of Capital A taxable corporation that transfers substantially all of its Assets). Schedule D of Form 1041 or Form 1120 (and Form assets to a tax-exempt entity in a transaction that otherwise 8949, if applicable) must be attached to Form 990-T. qualifies for nonrecognition treatment must recognize gain on the If you deferred a capital gain into a QOF, you must attach transaction as if it sold the assets at FMV. However, such a Schedule D, Form 8949, and Form 8997 to your Form 990-T. You transfer isn't taxable if it qualifies as a like-kind exchange under will need to annually file Form 8997 until you dispose of the section 1031 or an involuntary conversion under section 1033. In investment. See the Instructions for Form 8997. such a case, the built-in appreciation is preserved in the replacement property received in the transaction. A “taxable Instructions for Form 990-T 17 |
Page 18 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. corporation” is any corporation that isn't a tax-exempt entity as or business, and its share of the partnership deductions directly defined above, including an S corporation. connected with the unrelated gross income. A corporation that changes status from taxable to tax-exempt is generally treated as if it transferred all of its assets to a S Corporations tax-exempt entity immediately before the change in status (thus Qualified tax-exempt organizations can be shareholders in an S subjecting it to the tax on a deemed sale for FMV). This rule corporation without the S corporation losing its status as an S doesn’t apply where the taxable corporation becomes exempt corporation. Qualified tax-exempt organizations that hold stock within 3 years of formation (within 7 years of formation for section in an S corporation treat their stock interest as an interest in an 501(c)(7) organizations), or had previously been exempt and unrelated trade or business. All items of income, loss, or within several years (generally a period of 3 years) regains deduction that the organization receives as a shareholder of the exemption, unless the principal purpose of the transactions is to S corporation are taken into account in Schedule A, Part I, line 5, avoid the tax on the change in status. in figuring UBTI and not reported on another line of Schedule A In the transactions described above, the taxable event is (Form 990-T) that otherwise would apply, except capital gains deferred for property that the tax-exempt entity immediately uses and losses, which are reported on Schedule A, Part I, line 4. in an unrelated business. If the tax-exempt parent later disposes Report on Schedule A, Part I, line 4, any gain or loss on the of the property, then any gain (not in excess of the amount not disposition of S corporation stock. recognized) is included in the parent’s UBTI. If there is partial Qualified tax-exempts. A qualified tax-exempt is an use of the assets in unrelated business, then there is partial organization that is described in section 401(a) (qualified stock recognition of gain or loss with respect to the assets not so used. bonus, pension, and profit-sharing plans) or 501(c)(3) and Property is treated as disposed if the tax-exempt entity no longer exempt from tax under section 501(a). uses it in an unrelated business. Exception. Employee stock ownership plans (ESOPs) don't Losses on the transfer of assets to a tax-exempt entity are follow these S corporation rules if the S corporation stock is an disallowed if part of a plan having a principal purpose of employer security, as defined in section 409(l). recognizing losses. Attach a statement to this return showing the qualified Net Gain or (Loss) tax-exempt's share of all items of income, loss, or deduction. Combine the income, loss, and deductions (except for the capital Line 4b. Show gains and losses on other than capital assets on gains and losses) on the statement. If you hold stock in more Form 4797. Enter on this line the net gain or (loss) from Form than one S corporation, total the combined amounts. Show 4797, Part II, line 17. capital gains and losses separately and include them on An exempt organization using Form 4797 to report ordinary Schedule A, Part I, line 4a. gain on sections 1245, 1250, 1252, 1254, and 1255 property will include only depreciation, amortization, or depletion allowed or Rent Income allowable in figuring UBTI or taxable income of the organization Line 6. Enter the amount computed on Part IV, line 3, on Part I, (or a predecessor organization) for a period when it was not line 6, column (A). Enter the amount computed on Part IV, line 5, exempt. on Part I, line 6, column (B). Capital Loss Deduction for Trusts Unrelated Debt-Financed Income Line 4c. If a trust has a net capital loss, it is subject to the Line 7. Enter the amount computed on Part V, line 8, on Part I, limitations of Schedule D (Form 1041). Enter on this line the loss line 7, column (A). Enter the amount computed on Part V, line 10, figured on Schedule D (Form 1041). on Part I, line 7, column (B). Income or (Loss) From a Partnership or an S Interest, Annuities, Royalties, and Rents From a Corporation Controlled Organization Line 5. See Regulations section 1.512(a)-6 for rules permitting Line 8. Enter the sum of columns 5 and 10 from Part VI on Part the aggregation of income (and directly connected deductions) I, line 8, column (A). Enter the sum of columns 6 and 11 from of certain partnership interests. Part VI on Part I, line 8, column (B). Also, for trusts and certain corporations, there are limitations on income and losses (including from a partnership or an S Investment Income of a Section 501(c)(7), (9), or corporation) under section 469 (the PAL and credit limitation rules) and section 465 (at-risk limitations). For more information (17) Organization on these rules, see the discussion of the application of the Line 9. Enter the sum of amounts from Part VII, column 2, on passive activity loss and at-risk limitations to affected tax-exempt Part I, line 9, column (A). Enter the sum of amounts in Part VII, organizations in the introductory instructions under Part I. column 5, on Part I, line 9, column (B). Unrelated Trade or Business Income, earlier. Exploited Exempt Activity Income, Other Than Partnerships Advertising Income If the organization is a partner in a partnership conducting an unrelated trade or business, enter the organization's share Line 10. Enter the amount computed on Part VIII, line 2, on Part (whether or not distributed) of the partnership's income or loss I, line 10, column (A). Enter the amount computed on Part VIII, from the unrelated trade or business. The organization is line 3, on Part I, line 10, column (B). required to notify the partnership of its tax-exempt status. Figure the gross income and deductions of the partnership in the same Advertising Income way you figure unrelated trade or business income the Line 11. Enter the amount computed on Part IX, line 2, on Part I, organization earns directly. line 11, column (A). Enter the amount computed on Part IX, Attach a statement to this return showing the organization's line 3, on Part I, line 11, column (B). share of the partnership's gross income from the unrelated trade 18 Instructions for Form 990-T |
Page 19 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Other Income organization may have current income under section 1293 if the PFIC is a QEF with respect to the organization. The organization Line 12. Enter on Part I, line 12, any item of unrelated business may also have current income under section 1296 if it makes a income from a particular trade or business that isn't reportable section 1296 mark-to-market election with respect to the PFIC elsewhere on the return. Attach a statement describing the stock. sources of the other income and their amounts. Such amounts may include: Include on Schedule A, Part I, line 12, the portion of an • Recoveries of bad debts deducted in earlier years under the excess distribution (or gain treated as an excess distribution), specific charge-off method; section 1293 inclusion, or section 1296 inclusion that is taxable • The amount from Form 6478, Biofuel Producer Credit (if as UBTI. See Form 8621. applicable); See the instructions for Form 990-T, Part II, line 4, for • The amount from Form 8864, Biodiesel, Renewable Diesel, or reporting the deferred tax amount that may be owed by the Sustainable Aviation Fuels Credit (if applicable); and organization with respect to an excess distribution (or gain • Proceeds received from employer-owned life insurance treated as an excess distribution). contracts issued after August 17, 2006 (complete and attach Form 8925); and Line 13. Total Unrelated Trade or Business • The amount of payroll tax credit taken by an employer on its Income 2023 employment tax returns (Forms 941, 943, and 944) for Use the amount from Schedule A, Part I, line 13, column (C), in qualified paid sick and qualified paid family leave under the the computation of UBTI in Part II. FFCRA and the ARP (both the nonrefundable and refundable portions). These amounts must be included in gross income for Part II. Deductions Not Taken the tax year that includes the last day of the calendar quarter with respect to which the credit is allowed. Elsewhere If the aggregate sum of the amounts on all Schedules A (Form Note. A credit is available only if the leave was taken sometime 990-T), Part I, line 13, column (A), is $10,000 or less, you don't after March 31, 2020 and before October 1, 2021, and only after have to complete Schedule A, Part II, lines 1 through 14. the qualified leave wages were paid, which might, under certain However, you must complete the remainder of Schedule A, Part circumstances, not occur until a quarter after September 30, II and include the larger of each total from Schedule A, Part II, 2021, including quarters during 2023. line 18, or zero, in the computation of the amount reported on Organizations described in section 501(c)(19). Enter the Part I, line 1, of Form 990-T. net income from an insurance business that was not properly set aside. These organizations may set aside income from Note. Only expenses directly connected with the unrelated payments received for life, sickness, accident, or health trade or business income reported on the Schedule A for that insurance for members of the organization or their dependents. particular unrelated trade or business may be deducted on that Schedule A (see Directly connected expenses in Appendix A). 1. To provide for the payment of insurance benefits. Don't separately include in Schedule A, Part II, any expenses 2. For a purpose specified in section 170(c)(4) (religious, that are reported in Schedule A, Parts III through IX, other than charitable, scientific, literary, educational, etc.). excess exempt expenses entered on Schedule A, Part II, line 12, 3. For administrative costs directly connected with benefits and excess readership costs entered on Schedule A, Part II, described in (1) and (2) above. line 13. For example, officers' compensation allocable to advertising income is reported on Schedule A, Part IX, only and Amounts set aside and used for purposes other than those in shouldn’t be included on Schedule A, Part X, or Schedule A, Part (1), (2), or (3) above must be included in UBTI for the tax year if II, line 1. they were previously excluded from taxable income. Any amount spent for a purpose described in section 170(c) Limitations on Deductions (4) is first considered paid from funds earned by the organization The following items discuss certain areas in which the deduction from insurance activities if the income isn't used for the may be limited. insurance activities. Expenditures for lobbying aren't considered section 170(c)(4) Activities Lacking a Profit Motive expenses. Income from property financed with qualified 501(c)(3) In some instances, it is necessary to report income whether or bonds. If any part of the property is used in a trade or business not it comes from a trade or business (including interest, of any person other than a section 501(c)(3) organization or a annuities, royalties, and rents from controlled organizations, and governmental unit, and such use isn't consistent with the income of a section 501(c)(7), (9), or (17) organization other than requirement for qualified 501(c)(3) bonds under section 145, the exempt function income). If income is attributable to an activity section 501(c)(3) organization is considered to have received lacking a profit motive, then a net loss from the activity can’t be unrelated business income in the amount of the greater of the claimed on Form 990-T. Therefore, in Part I, column (B), and Part actual rental income or the fair rental value of the property for the II, the total of deductions for expenses directly connected with period it is used. No deduction is allowed for interest on the income from an activity lacking a profit motive is limited to the private activity bond. Report the greater of the actual rent or the amount of that income. Generally, an activity lacking a profit fair rental value on Schedule A, Part I, line 12. Report allowable motive is one that isn't conducted for the purpose of producing a deductions on Schedule A, Part II. See sections 150(b)(3) and profit or one that has consistently produced losses when both (c). direct and indirect expenses are taken into account. PFIC shareholders. If the organization is a direct or indirect shareholder of a PFIC within the meaning of section 1297, it may Deductions Related to Property Leased to have income tax consequences under section 1291 upon the Tax-Exempt Entities disposition of the PFIC stock or on the receipt of an excess distribution from the PFIC, described in section 1291(a). The For property leased to a governmental or other tax-exempt entity, or in the case of property acquired after March 12, 2004, that is Instructions for Form 990-T 19 |
Page 20 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. treated as tax-exempt-use property other than by reason of a Exceptions. Section 263A doesn’t apply to: lease, the organization may not claim deductions related to the • Personal property acquired for resale if the organization's property when they exceed the organization's income from the average annual gross receipts for the 3 prior tax years were $10 lease payments. Amounts disallowed may be carried over to the million or less; next year and treated as a deduction concerning the property. • Timber; See section 470. • Most property produced under long-term contract; • Certain property produced in a farming business; Transactions Between Related Taxpayers • Research and experimental costs under section 174; • Geological and geophysical costs amortized under section Generally, an accrual basis taxpayer may deduct business 167(h); expenses and interest owed to a related party only in the year • Intangible drilling costs for oil, gas, and geothermal property; the payment is included in the income of the related party. See • Mining exploration and development costs; and sections 163(e)(3) and 267 for limitations on deductions for • Inventory of an organization that accounts for inventories in unpaid interest and expenses. the same manner as materials and supplies that aren't incidental. See Schedule A, Part III, Cost of Goods Sold, later. Preference Items See Regulations sections 1.263A-1 through 1.263A-3. Corporations may be required to adjust deductions for depletion Travel, Meals, and Entertainment of iron ore and coal, intangible drilling and exploration and Subject to the limitations and restrictions discussed below, an development costs, and the amortizable basis of pollution control organization can deduct ordinary and necessary travel, meals, facilities. See section 291 to determine the amount of the and non-entertainment expenses paid or incurred in its trade or adjustment. business. Generally, entertainment expenses, membership dues, and facilities used in connection with these activities can’t be deducted. In addition, no deduction is generally allowed for Section 263A Uniform Capitalization Rules qualified transportation fringe benefits. Special rules apply to deductions for gifts, luxury water travel, and convention These rules require organizations to capitalize or include as expenses. See section 274 and Pub. 463, Travel, Gift, and Car inventory cost certain costs incurred in connection with the Expenses. following. • The production of real property and tangible personal property Qualified transportation fringes (QTFs). Generally, no held in inventory or held for sale in the ordinary course of deduction is allowed under section 274(a)(4) for QTFs provided business. by employers to their employees. QTFs are defined in section • Real property or personal property held in inventory (tangible 132(f)(1) and include: and intangible) acquired for resale. • Transportation in a commuter highway vehicle between the • The production of real property and tangible personal property employee's residence and place of employment, produced by the organization for use in its trade or business or in • Any transit pass, and an activity engaged in for profit. • Qualified parking. See section 274, Pub. 15-B, and Pub. 535 for details. Tangible personal property produced by an organization includes a film, sound recording, videotape, book, or similar Travel. The organization can’t deduct travel expenses of any property. individual accompanying an organization's officer or employee, including a spouse or dependent of the officer or employee, Indirect expenses. Organizations subject to the section 263A unless: uniform capitalization rules are required to capitalize direct costs • That individual is an employee of the organization, and and an allocable part of most indirect costs (including taxes) that • Their travel is for a bona fide business purpose and would benefit the assets produced or acquired for resale or are otherwise be deductible by that individual. incurred by reason of the performance of production or resale activities. Meals. Generally, the organization can deduct only 50% of the amount otherwise allowable for non-entertainment-related meal For inventory, some of the indirect expenses that must be expenses paid or incurred in an unrelated trade or business. capitalized are: Meals not separately stated from entertainment are generally not • Administration expenses; deductible. In addition (subject to exceptions under section • Taxes; 274(k)(2)): • Depreciation; Meals mustn’t be lavish or extravagant, and • Insurance; • • Compensation paid to officers attributable to services; • An employee of the organization must be present at the meal. • Rework labor; and Membership dues. The organization can deduct amounts paid • Contributions to pension, stock bonus, and certain or incurred for membership dues in civic or public service profit-sharing, annuity, or deferred compensation plans. organizations, professional organizations (such as bar and Regulations section 1.263A-1(e)(3) specifies other indirect medical associations), business leagues, trade associations, costs that relate to production or resale activities that must be chambers of commerce, boards of trade, and real estate boards. capitalized and those that may be currently deductible. However, no deduction is allowed if a principal purpose of the organization is to entertain or provide entertainment facilities for Interest expense. Interest expense paid or incurred during the members or their guests. In addition, organizations can’t deduct production period of designated property must be capitalized membership dues in any club organized for business, pleasure, and is governed by special rules. See Regulations section recreation, or other social purpose. This includes country clubs, 1.263A-8 through 1.263A-15. golf and athletic clubs, airline and hotel clubs, and clubs When are section 263A capitalized costs deductible? The operated to provide meals under conditions favorable to costs required to be capitalized under section 263A aren't business discussion. deductible until the property (to which the costs relate) is sold, used, or otherwise disposed of by the organization. 20 Instructions for Form 990-T |
Page 21 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Entertainment facilities. The organization can’t deduct an that don't add to the value or appreciably prolong the life of the expense paid or incurred for use of a facility (such as a yacht or property. hunting lodge) for an activity usually considered entertainment, amusement, or recreation. Bad Debts Amounts treated as compensation. The organization may Line 4. Enter the total receivables from an unrelated trade or generally be able to deduct otherwise non-deductible travel, business that were previously included in taxable income and meals, and entertainment expenses if the amounts are treated that became worthless in whole or in part during the tax year. as compensation and reported on Form W-2 for an employee or Form 1099-NEC for an independent contractor and if the total Interest amount of such compensation isn't unreasonable. Line 5. Attach a separate statement listing the interest being claimed on this line. Reducing Certain Expenses for Which Credits Are Allowable Interest allocation. If the proceeds of a loan were used for more than one purpose (for example, to purchase a portfolio If the organization claims certain credits, it may need to reduce investment and to acquire an interest in a passive activity), an the otherwise allowable deductions for expenses used to figure interest allocation must be made. See Temporary Regulations the credit. This applies to credits such as the following. section 1.163-8T for the interest allocation rules. • Disabled access credit. • Employer credit for social security and Medicare taxes paid on Tax-exempt interest. Don't include interest on indebtedness certain employee tips. incurred or continued to purchase or carry obligations on which • Credit for employer-provided childcare facilities and services. the interest income is totally exempt from income tax. For • Orphan drug credit. exceptions, see section 265(b). • Credit for small employer pension plan startup costs. Prepaid interest. Generally, a cash basis taxpayer can’t deduct • Employer credit for paid family and medical leave. prepaid interest allocable to years following the current tax year, If the organization has any of these credits, figure each for example, during the tax year a cash basis taxpayer prepaid current-year credit before figuring the deduction for expenses on interest on a loan. The taxpayer can deduct only that part of the which the credit is based. prepaid interest that was for the use of the loaned funds during the tax year, not for the use of the loaned funds during the Business Startup and Organizational Costs subsequent years. For business startup and organizational costs paid or incurred Straddle interest. Generally, the interest and carrying charges after September 8, 2008, an organization can deduct up to on straddles can’t be deducted and must be capitalized. See $5,000 of such costs in the year it begins business (unless the section 263(g). organization elects to capitalize the full amount of such costs). Original issue discount. See section 163(e)(5) for special The $5,000 deduction is reduced (but not below zero) by the rules for the disqualified portion of original issue discount on a amount the total costs exceed $50,000. If the total costs are high-yield discount obligation. $55,000 or more, the deduction is reduced to zero. Any costs not deducted must be amortized, as explained below. Interest on certain underpayments of tax. Don't deduct interest paid or incurred on any portion of an underpayment of Note. For startup and organizational costs paid or incurred after tax that is attributable to an understatement arising from an September 8, 2008, the organization isn't required to attach a undisclosed listed transaction or an undisclosed reportable statement or specifically identify the amount deducted for the avoidance transaction (other than a listed transaction) entered election under sections 195(b) and 248(a) to be effective. It is a into in tax years beginning after October 22, 2004. deemed election. Whether an organization deducts a portion of Interest allocable to the production of designated property. its startup and organizational costs under Regulations sections Don't deduct interest on debt allocable to the production of 1.195-1 and 1.248-1 or elects to amortize the full amount of such designated property. Interest that is allocable to such property costs, its election is irrevocable. For startup and organizational produced by an organization for its own use or for sale must be costs paid or incurred after October 22, 2004, and before capitalized. An organization must also capitalize any interest on September 9, 2008, an organization must generally attach the debt allocable to an asset used to produce the earlier property. statement required by Regulations sections 1.195-1(b) and See section 263A(f) and Regulations sections 1.263A-8 through 1.248-1(c) to make the election to deduct a portion of such costs 1.263A-15. (as explained above). This election is irrevocable. However, an organization can apply the provisions of these regulations to Interest on below-market loans. See section 7872 for special costs paid or incurred after October 22, 2004. rules regarding the deductibility of foregone interest on certain below-market-rate loans. Amortization. Any costs not deducted under the above rules must be amortized ratably over the 180-month period, beginning Limitation on deduction of business interest. Business with the month the organization begins business. See the interest expense is limited to the sum of business interest Instructions for Form 4562, Depreciation and Amortization, for income, 30% of the adjusted taxable income, and floor plan details. If the association elected to amortize business startup financing interest. Business interest expense includes any and organizational costs paid or incurred before October 23, interest paid or accrued on indebtedness properly allocable to 2004, over a period of 60 months or more, it must continue to an unrelated trade or business. A taxpayer, other than a tax amortize those costs over the elected amortization period. shelter, that meets the gross receipts test isn’t required to limit Report the deductible amount of these costs and any business interest expense under section 163(j). A taxpayer amortization on Schedule A, Part II, line 14. For amortization that meets the gross receipts test if the taxpayer has average annual began during the tax year, complete and attach Form 4562. gross receipts that are taken into account in determining its UBTI of $29 million or less for the 3 prior tax years. Gross receipts Repairs and Maintenance include the aggregate gross receipts from all persons treated as a single employer such as a controlled group of corporations, Line 3. Enter the cost of incidental repairs and maintenance not commonly controlled partnerships or proprietorships, and claimed elsewhere on the return, such as labor and supplies, Instructions for Form 990-T 21 |
Page 22 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. affiliated service groups. If the taxpayer fails to meet the gross Other Deductions receipts test, Form 8990 is generally required. Line 14. Enter on this line the deduction taken for amortization Taxes and Licenses (see Form 4562) as well as other authorized deductions for which no space is provided on the return. Attach a statement Line 6. Enter taxes and license fees paid or accrued during the listing the deductions claimed on this line. On each Schedule A, year, but don't include the following taxes. deduct only items directly connected with the unrelated trade or • Federal income taxes. business for which income is reported on that Schedule A. • Foreign or U.S. territory income taxes if a foreign tax credit is claimed. Extraterritorial income exclusion. Complete Form 8873 and • Taxes not imposed on your organization. include the deduction from line 52 in other deductions reported • Taxes, including state or local sales taxes, paid or incurred in on Part II, line 14. connection with an acquisition or disposition of property. These Don't deduct fines or penalties paid to a government for taxes must be treated as part of the cost of the acquired property violating any law. The exclusion was repealed generally for or, in the case of a disposition, as a reduction in the amount transactions after 2004, with some exceptions. See Form 8873 realized on the disposition. and its instructions. • Taxes assessed against local benefits that increase the value of the property assessed (such as for paving, etc.). Net Operating Loss (NOL) Deduction Arising in • Taxes deducted elsewhere on the return, such as those Tax Years Beginning On or After January 1, 2018 reflected in cost of goods sold. See section 164(d) for apportionment of taxes on real property between the buyer and seller. Line 17. The NOL deduction is the NOL carryover and Do not reduce the corporation’s deduction for social carrybacks that can be deducted in the tax year with regard to each separate trade or business. To be deductible, an NOL must ! security and Medicare taxes by the amount claimed on have been incurred in an unrelated trade or business activity. CAUTION its employment tax and refundable portions of the FFCRA and ARP credits for qualified sick and family leave See section 172(a). wages. Instead, report this amount as income on line 10. Tax Cuts and Jobs Act amendments to section 172. Section 13302 of the Tax Cuts and Jobs Act amended section 172 for tax Depreciation years ending after 2017 to eliminate NOL carrybacks except for certain farming losses and NOLs of insurance companies other Line 7. Besides depreciation, include on line 7 the part of the than life insurance companies. See section 172(b), as amended cost, under section 179, that the organization elected to expense by the Tax Cuts and Jobs Act. Also see Pub. 225, Farmer’s Tax for certain tangible property placed in service during the tax year Guide; Pub. 536, Net Operating Losses for Individuals, Estates, or carried over from the prior tax year. See Form 4562 and its and Trusts; and Pub. 542, Corporations, for additional instructions. information. The Tax Cuts and Jobs Act also amended section 172(a)(2) to limit the allowable NOL deduction to 80% of taxable Depletion income (calculated as described in section 172(a)(2)). Line 9. See sections 613 and 613A for percentage depletion Instructions for line 17. Enter on Schedule A, Part II, line 17, rates for natural deposits. Attach Form T (Timber), Forest the NOL carryover from other tax years attributable to that trade Activities Schedules, if a deduction is taken for depletion of or business, but don't enter more than the amount shown on timber. Schedule A, Part II, line 16. An organization that claims the deduction with respect to any NOL carried through tax years for Contributions to Deferred Compensation Plans which the organization was not required to file Form 990-T must show the amount of the deduction and how it was computed, but Line 10. Employers who maintain pension, profit-sharing, or the organization need not file a Form 990-T in order to preserve other funded deferred compensation plans are generally an NOL carryover. See Regulations section 1.512(a)-6(h)(3) for required to file Form 5500. This requirement applies whether or treatment of suspended NOLs resulting from the termination, not the plan is qualified under the Code and whether or not a sale, exchange, or other disposition of a separate unrelated deduction is claimed for the current tax year. Section 6652(e) trade or business. After offsetting any gain resulting from the imposes a penalty for late filing of these forms. In addition, there termination, sale, exchange, or disposition of a separate is a penalty for overstating the pension plan deduction. See unrelated trade or business, any NOL remaining is suspended. section 6662(f). However, the suspended NOLs may be used if that previous separate unrelated trade or business is later resumed or if a new Employee Benefit Programs unrelated trade or business that is accurately identified using the Line 11. Enter the amount of contributions to employee benefit same NAICS 2-digit code as the previous separate unrelated programs (such as insurance, health, and welfare programs) that trade or business is commenced or acquired in a future tax year. aren't an incidental part of a deferred compensation plan The amount of an NOL carryover is determined under section included on Schedule A, Part II, line 10. 172. See Regulations section 1.512(b)-1(e) and, for organizations with more than one unrelated trade or business, Excess Exempt Expenses Regulations section 1.512(a)-6(h). Attach a statement showing Line 12. Enter the amount computed on Part VIII, line 7 (if the computation of the NOL deduction. applicable), on Part II, line 12. Unrelated Business Taxable Income Excess Readership Costs Line 18. Use the greater of the amount computed on line 18 or Line 13. Enter the amount computed on Part IX, line 8a (if zero in the computation of UBTI on Part I, line 1, of Form 990-T. applicable), on Part II, line 13. A net loss calculated on any Schedule A, Part II, line 18, can’t be used to offset gain on any other Schedule A. Accordingly, a net 22 Instructions for Form 990-T |
Page 23 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. loss on a Schedule A should be treated as zero to calculate the less than scrap value). Bona fide selling price means actual amount reported on Part I, line 1, of Form 990-T offering of goods during a period ending not later than 30 days after inventory date. Part III. Cost of Goods Sold If this is the first year the Last-in First-out (LIFO) inventory Generally, inventories are required at the beginning and end of method was either adopted or extended to inventory goods not each tax year if the production, purchase, or sale of merchandise previously valued under the LIFO method provided in section is an income-producing factor. See Regulations section 1.471-1. 472, attach Form 970, Application To Use LIFO Inventory Method, or a statement with the information required by Form However, if the organization is a qualifying taxpayer or a 970. qualifying small business taxpayer, it may adopt or change its accounting method to account for inventoriable items in the If the organization changed or extended its inventory method same manner as materials and supplies that aren't incidental to LIFO and had to write up the opening inventory to cost in the (unless its business is a tax shelter (as defined in section 448(d) year of election, report the effect of this write-up as other income (3)). (Part I, line 12) proportionately over a 3-year period that begins in the tax year the LIFO election was made (section 472(d)). A qualifying taxpayer is a taxpayer that, for each prior tax year ending after December 16, 1998, has average annual gross Line 1. If the organization is changing its method of accounting receipts of $1 million or less for the 3-tax-year period ending with to no longer account for inventories, it must refigure last year's that prior tax year. closing inventory using the new method of accounting and enter the result on line 1. If there is a difference between last year's A qualifying small business taxpayer is a taxpayer (a) that has closing inventory and the refigured amount, attach an average annual gross receipts of $29 million or less for the explanation and take it into account when figuring the 3-tax-year period ending with that prior tax year, and (b) whose organization's section 481(a) adjustment (explained earlier). principal business activity isn't an ineligible activity. Line 4. An entry is required on this line only for organizations Under this accounting method, inventory cost for raw that have elected a simplified method of accounting. materials purchased for use in producing finished goods and For organizations that have elected the simplified production merchandise purchased for resale are deductible in the year the method, additional section 263A costs are generally those costs, finished goods or merchandise are sold (but not before the year other than interest, that are now required to be capitalized under the organization paid for the raw materials or merchandise, if it is section 263A but that weren’t capitalized under the also using the cash method). For additional guidance on this organization's method of accounting immediately prior to the method of accounting for inventoriable items, see Pub. 538 and effective date of section 263A. For details, see Regulations the Instructions for Form 3115. section 1.263A-2(b). Enter amounts paid for all raw materials and merchandise For organizations that have elected the simplified resale during the tax year on line 2. The amount the organization can method, additional section 263A costs are generally those costs deduct for the tax year is figured on Schedule A, Part III, line 8. incurred with respect to the following categories. • Off-site storage or warehousing. All filers not using the cash method of accounting should see • Purchasing. Section 263A Uniform Capitalization Rules under Limitations on • Handling, such as processing, assembling, repackaging, and Deductions, earlier, before completing Schedule A. The transporting. instructions for lines 1, 4, 5, and 7, later, apply to Part III earlier, • General and administrative costs (mixed service costs). before completing Schedule A. For details, see Regulations section 1.263A-3(d). Inventory valuation methods. Inventories can be valued at: Enter on Schedule A, Part III, line 4, the balance of section 1. Cost, as described in Regulations section 1.471-3, 263A costs paid or incurred during the tax year not included on 2. Lower of cost or market, as described in Regulations Schedule A, Part III, lines 2 and 3. section 1.471-4, or Line 5. Enter on Schedule A, Part III, line 5, any costs paid or 3. Any other method approved by the IRS that conforms to incurred during the tax year not entered on Schedule A, Part III, the requirements of the applicable regulations cited below. lines 2 through 4. Attach a statement describing the other costs. However, if the organization is using the cash method of Line 7. See Regulations sections 1.263A-1 through 1.263A-3 accounting, it is required to use cost. for details on figuring the amount of additional section 263A costs to be included in ending inventory. A small producer is an organization whose average annual gross receipts are $1 million or less. Small producers that If the organization accounts for inventories in the same account for inventories in the same manner as materials and manner as materials and supplies that aren't incidental, enter on supplies that aren't incidental may currently deduct expenditures Schedule A, Part III, line 7, the portion of its raw materials and for direct labor and all indirect costs that would otherwise be merchandise purchased for resale that are included on included in inventory costs. Schedule A, Part III, line 6, and weren’t sold during the year. The average cost (rolling average) method of valuing Part IV. Rent Income inventories generally doesn’t conform to the requirement of the regulations. See Rev. Rul. 71-234, 1971-1 C.B. 148. Section 501(c)(7), (9), and (17) organizations, enter gross rents on Schedule A, Part I, line 6, and applicable expenses on Organizations that use erroneous valuation methods must Schedule A, Part II, lines 1 through 14. All rents except those that change to a method permitted for federal income tax purposes. are exempt function income must be included. File Form 3115 to make this change. Inventory may be valued below cost when the merchandise is All organizations that have applicable rent income, other than unsalable at normal prices or unusable in the normal way section 501(c)(7), (9), and (17) organizations, should complete because the goods are subnormal because of damage, Schedule A, Part IV. For organizations other than section 501(c) imperfections, shop wear, etc., within the meaning of (7), (9), and (17) organizations, only the following rents are Regulations section 1.471-2(c). The goods may be valued at the taxable on Schedule A, Part I, line 6. bona fide selling price, minus direct cost of disposition (but not Instructions for Form 990-T 23 |
Page 24 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. Rents from personal property leased with real property, if For section 514 purposes, don't treat an interest in a the rents from the personal property are more than 10% of the ! qualified state tuition program (QSTP) as debt. However, total rents received or accrued under the lease, determined at CAUTION a QSTP's investment income is treated as debt-financed the time the personal property is placed in service. income if the QSTP incurs indebtedness when acquiring or 2. Rents from real and personal property if: improving income-producing property. a. More than 50% of the total rents received or accrued A property held to produce income is debt-financed property under the lease are for personal property, or if, at any time during the tax year, there was acquisition b. The amount of the rent depends on the income or profits indebtedness outstanding for the property. When a property held derived by any person from the property leased (except an for the production of income by an organization is disposed of at amount based on a fixed percentage of receipts or sales). a gain during the tax year, and there was acquisition A redetermination of the percentage of rent for personal indebtedness outstanding for that property at any time during the property is required when either: 12-month period before the date of disposition, the property is debt-financed property. Securities purchased on margin are 1. There is an increase of 100% or more by the placing of considered debt-financed property if the liability incurred in additional or substitute personal property in service, or purchasing them remains outstanding. 2. There is a modification of the lease that changes the rent charged. Rents from both real and personal property not taxable Acquisition indebtedness is the outstanding amount of on Schedule A, Part I, line 6, may be taxable on Schedule A, Part principal debt incurred by the organization to acquire or improve I, line 8, if the income is from a controlled organization or on the property. Acquisition indebtedness also includes Schedule A, Part I, line 7, if the property is debt-financed. indebtedness incurred: Taxability of the rent must be considered in the following order. 1. Before the property was acquired or improved, if the a. Rents not taxed on Schedule A, Part I, line 6, may be indebtedness would not have been incurred but for such taxed on Schedule A, Part I, line 8. acquisition or improvement of the property; or b. Rents not taxed on Schedule A, Part I, line 6 or line 8, may 2. After the property was acquired or improved, if the be taxed on Schedule A, Part I, line 7. indebtedness would not have been incurred but for such acquisition or improvement and the incurrence of such Rents from personal property not leased with real property indebtedness was reasonably foreseeable at the time of such should be reported on Schedule A, Part I, line 12. acquisition or improvement. See Regulations section 1.514(c)-1(a). See Form 8582 (for trusts) or Form 8810 (for corporations) and section 469 for limitations on losses from rental activities. With certain exceptions, acquisition indebtedness doesn’t include debt incurred by the following. Description of Property 1. A qualified (section 401) trust in acquiring or improving Line 1. Check the box next to the property description if the real property. See section 514(c)(9). property is used both to carry on exempt activities and to 2. A tax-exempt school (section 170(b)(1)(A)(ii)) and its conduct unrelated trade or business activities. affiliated support organizations (section 509(a)(3)) for indebtedness incurred after July 18, 1984. Line 4. For each property, attach a statement describing the directly connected deductions and their amounts. 3. An organization described in section 501(c)(25) in tax years beginning after December 31, 1986. Part V. Unrelated Debt-Financed 4. An obligation, to the extent that it is insured by the Federal Housing Administration, to finance the purchase, rehabilitation, Income or construction of housing for low and moderate income Use Schedule A, Part V, to compute unrelated debt-financed persons, or indebtedness incurred by a small business income described in sections 512(b)(4) and 514 from investment company licensed after October 22, 2004, under the debt-financed property only to the extent that the income doesn’t Small Business Investment Act of 1958 if such indebtedness is constitute income from the conduct of an unrelated trade or evidenced by a debenture issued by such company under business and isn't specifically taxable under other provisions of section 303(a) of that Act, and held or guaranteed by the Small the Code, such as taxable rents from personal property leased Business Administration (see section 514(c)(6)(B) for with real property reportable on Schedule A, Part IV (and limitations). Schedule A, Part I, line 6), or taxable interest, annuities, royalties, and rents from a controlled entity reportable on 5. A retirement income account described in section 403(b) Schedule A, Part VI (and Schedule A, Part I, line 8). See (9) in acquiring or improving real property in tax years beginning Regulations section 1.514(b)-1(b)(2). Refer to Regulations on or after August 17, 2006. section 1.512(a)-6 when reporting income from one or more See Pub. 598 for additional exceptions to the rules for debt-financed properties and also for rules permitting the debt-financed property. aggregation of unrelated debt-financed income with other UBTI Example 1. An exempt organization owns a four-story in certain circumstances. Gain or loss from the sale or building. Two floors are used for an exempt purpose and two disposition of debt-financed property is reported on Schedule A, floors are rented (as an unrelated trade or business) for $10,000. Part I, line 4. Expenses are $1,000 for depreciation and $5,000 for other Section 501(c)(7), (9), and (17) organizations should report expenses that relate to the entire building. The average income from debt-financed property on Schedule A, Part VII acquisition indebtedness is $6,000, and the average adjusted (and Schedule A, Part I, line 9). basis is $10,000. Both apply to the entire building. Example 2. Assume the same facts as in Example 1, except When a debt-financed property is held for exempt purposes the entire building is rented out as an unrelated trade or business and other purposes, the organization must allocate the basis, for $20,000. To complete Schedule A, Part V, for this example, debt, income, and deductions among the purposes for which the enter $20,000 on Schedule A, Part V, line 2; $1,000 and $5,000 property is held. Don't include on Schedule A, Part V, amounts on Schedule A, Part V, lines 3(a) and 3(b), respectively (since allocated to exempt purposes. the entire amount is for debt-financed property); $6,000 and 24 Instructions for Form 990-T |
Page 25 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. $10,000 on Schedule A, Part V, lines 4 and 5 (since the entire Line 6. Divide each property's average acquisition amount is for debt-financed property); 60% on Schedule A, Part indebtedness for the tax year by that property's average adjusted V, line 6; $12,000 on Schedule A, Part V, line 7; and $3,600 on basis during the period it is held in the tax year. This percentage Schedule A, Part V, line 9. cannot be more than 100%. Line 1. Enter the address of the debt-financed property. If the Line 7. The amount of income from debt-financed property debt-financed property isn’t real property, enter the address included in unrelated trade or business income is figured by where the property is located and describe the property in Part multiplying the property's gross income by the percentage XI, Supplemental Information. computed on line 6. Check the box next to the property description if the property Line 8 . Enter on line 8 the sum of amounts computed for each is used both to carry on exempt activities and to conduct property on line 7. Also enter this amount on Part I, line 7, unrelated trade or business activities. column (A). Line 2. Enter the gross income from debt financed property, Line 9. For each debt-financed property, multiply the total excluding income otherwise included in UBTI. For example, don't deductions directly connected to the income (including the include rents from personal property shown on Schedule A, Part dividends-received deductions allowed by sections 243, 244, IV, or rents and interest from controlled organizations shown on and 245) by the percentage computed on line 6. However, if the Schedule A, Part VI. debt-financed property is depreciable property, figure the Line 3. For amounts shown on line 3a, attach a statement depreciation deduction by the straight line method only and enter showing, for each property: the amount on Schedule A, Part V, line 3a. 1. The cost or salvage value, For each debt-financed property, attach statements showing 2. The year acquired, separately a computation of the depreciation deduction (if any) reported on Schedule A, Part V, line 3a, (as described earlier) 3. The property’s useful life (rounded to a whole number if and a breakdown of the expenses included on Schedule A, Part necessary), V, line 3b. Corporations owning stock that is unrelated 4. The years remaining (rounded to a whole number if debt-financed property should see Schedule C (Dividends and necessary), Special Deductions) of Form 1120, U.S. Corporation Income Tax 5. The annual depreciation expense amount, and Return, to determine the dividends-received deductions to 6. The allowable depreciation expense amount. include on Schedule A, Part V, line 3b. When a capital loss for the tax year may be carried back or Line 4. Average acquisition indebtedness for any tax year is the carried over to another tax year, the amount to carry over or back average amount of the outstanding principal debt during the part is figured by using the percentage determined above. However, of the tax year the property is held by the organization. To figure in the year to which the amounts are carried, don't apply the the average amount of acquisition debt, determine the amount of debt-basis percentage to determine the deduction for that year. the outstanding principal debt on the first day of each calendar Line 10. On line 10, enter the sum of amounts computed for month during that part of the tax year that the organization holds each property on line 9. Also enter this amount on Part I, line 7, the property. Add these amounts together, and divide the result column (B). by the total number of months during the tax year that the organization held the property. See section 514(a) and the Line 11. Enter the total dividends-received deductions (after related regulations for property acquired for an indeterminate reduction, when applicable, by the debt-basis percentage(s)) price. included on Schedule A, Part V, line 9. 1. The average amount of acquisition debt, Part VI. Interest, Annuities, Royalties, 2. The percent allocable to debt-financed income, and 3. The product of (1) multiplied by (2). and Rents From Controlled Organizations Line 5. The average adjusted basis for debt-financed property is the average of the adjusted basis of the property on the first Under section 512(b)(13), interest, annuities, royalties, and rents and last days during the tax year that the organization holds the received or accrued (directly or indirectly) by a controlling property. Determine the adjusted basis of property under section organization from a controlled organization are subject to tax, 1011. Adjust the basis of the property by the depreciation for all whether or not the activity conducted by the controlling earlier tax years, whether or not the organization was exempt organization to earn these amounts is a trade or business or is from tax for any of these years. Similarly, for tax years during regularly conducted. However, see Regulations section which the organization is subject to tax on UBTI, adjust the basis 1.512(b)-1(l)(5) regarding amounts taxable under other of the property by the entire amount of allowable depreciation, provisions of the Code. even though only a part of the deduction for depreciation is taken Controlled organization. An entity is a “controlled into account in figuring UBTI. organization” if the controlling organization owns: Attach a statement showing, for each property: • By vote or value, more than 50% of a corporation's stock (for 1. A brief description of the property, an organization that is a corporation); • More than 50% of a partnership's profits or capital interests 2. The adjusted basis, (for an organization that is a partnership); or 3. The percent allocable to debt-financed income, and • More than 50% of the beneficial interests in an organization 4. The product of (3) multiplied by (4). (for an organization other than a corporation or partnership). To determine the ownership of stock in a corporation, apply If no adjustments to the basis of property under section 1011 the principles of section 318 (constructive ownership of stock). apply, the basis of the property is cost. Apply similar principles to determine the ownership of interests See section 514(d) and the related regulations for the basis of in a partnership or any other organization. debt-financed property acquired in a complete or partial liquidation of a corporation in exchange for its stock. Instructions for Form 990-T 25 |
Page 26 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Column 3. Enter the net unrelated income (or net unrelated organization and buys other property used for the organization's loss) of each controlled entity listed that is exempt from tax under exempt function within a period beginning 1 year before the date section 501(a). of the sale, and ending 3 years after the date of the sale, the gain from the sale will be recognized only to the extent that the sales Column 7. Enter the taxable income of each nonexempt price of the old property is more than the cost of the other controlled organization. property. The other property need not be similar in type or use to Column 8. Enter the net unrelated income (or net unrelated the old property. The organization must notify the IRS of the sale loss) of each controlled entity listed that isn't exempt from tax by a statement attached to the return, or other written notice. under section 501(a). Net unrelated income is that portion of the To compute the gain on the sale of depreciable property, see controlled entity's taxable income that would be UBTI if the entity the instructions for Part V, line 5, to determine the adjusted basis were exempt under section 501(a) and had the same exempt of the property. purposes as the controlling organization. Net unrelated loss is the controlled organization's NOL adjusted under rules similar to Column 3. Deduct only those expenses that are directly those used to determine net unrelated income. connected to the net investment income. Allocate deductions between exempt activities and other activities where necessary. Column 4 or 9. For each controlled organization, enter the total The organization may not take the dividends-received of specified payments received from each controlled deductions in figuring net investment income because they aren't organization. If the organization received both specified treated as directly connected with the production of gross payments and qualifying specified payments from a controlled income. organization, enter specified payments on one line and qualifying specified payments on another so that there are dual Column 4. Section 501(c)(7), (9), and (17) organizations may entries for that controlled organization. set aside income that would otherwise be taxable under section 512(a)(3). However, income derived from an unrelated trade or Column 5 or 10. For specified payments, enter the portion of business may not be set aside and thus can’t be exempt function column 4 or 9 to the extent that the payment reduced the net income. In addition, any income set aside and later used for unrelated income (or increased the net unrelated loss) of the other purposes must be included in income. controlled entity. Section 501(c)(7), (9), and (17) organizations won't be taxed Column 6 or 11. Enter only those deductions directly on income set aside for: connected with the income entered in column 5 or 10. 1. Religious, charitable, scientific, literary, or educational With respect to qualifying specified payments, enter only that purposes, or for the prevention of cruelty to children or animals portion of expenses directly connected to the amounts included (and reasonable administration costs directly connected to such in column 5 or 10, that is, the excess of the payment over the purposes); or FMV amount, as determined in accordance with section 482. Don't enter any expenses relating to the portion of such payment 2. The payment of life, sickness, accident, or other benefits that isn't includible in income under this special rule. (and reasonable administration costs directly connected to such benefits) by a section 501(c)(9) or (17) organization. The amount For valuation misstatements regarding qualifying allowed as a set-aside may not exceed a limit determined using ! specified payments, there is a 20% addition to tax. See section 512(a)(3)(E). See sections 512(a)(3)(E) and 419A for CAUTION section 512(b)(13)(E)(ii). details. Excess qualifying specified payments. Excess qualifying Report income set aside on Schedule A, Part VII, column 4. specified payments received or accrued from a controlled entity Attach a statement listing: (that is, the amount of qualifying specified payments in excess of 1. The amount set aside for charitable purposes; what would have been paid or accrued if the payments had been determined under section 482) are included in a controlling 2. The amount set aside for reasonable administration costs exempt organization's UBTI. directly connected with such amount; 3. The amount set aside for payment of life, sickness, Part VII. Investment Income of a accident, or other benefit; and Section 501(c)(7), (9), or (17) 4. The amount set aside for reasonable administration costs directly connected with the payment of such benefits. Organization Amounts set aside aren't deductible under section 170 or any Generally, for section 501(c)(7), (9), or (17) organizations, other section of the Code. unrelated trade or business income includes all gross income from nonmembers with certain modifications. See section 512(a) The organization may elect to treat income set aside by the (3)(A). Report on Schedule A, Part VII, all income from date for filing the return, including any extension of time, as investments in securities and other similar investment income income set aside in the tax year for which the return is filed. The from nonmembers, including 100% of income and directly income set aside must have been includible in gross income for connected expenses from debt-financed property. Don't report that earlier tax year. nonmember income from debt-financed property on Schedule A, Although set-aside income may be accumulated, any Part V. accumulation that is unreasonable will be evidence that the set aside wasn’t for the purposes previously mentioned. All section 501(c)(7), (9), and (17) organizations figure their investment income using Schedule A, Part VII. Don't include Net investment income set aside must be specifically interest on state and local governmental obligations described in earmarked as such, or placed in a separate account or fund section 103(a). (except for a section 501(c)(9) or (17) organization which, by the terms of its governing instrument, must use its net investment Investment income includes all income from debt-financed income for the payment of life, sickness, accident, or other property. benefits, and reasonable administration costs). If a section 501(c)(7), (9), or (17) organization (or a title These rules apply to a corporation described in section holding corporation, described earlier) sells property that was 501(c)(2) (title holding corporation) whose income is payable to used for the exempt function of the section 501(c)(7), (9), or (17) an organization described in section 501(c)(7), (9), or (17) if it 26 Instructions for Form 990-T |
Page 27 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. files a consolidated return with the section 501(c)(7), (9), or (17) of advertising income over direct advertising costs, no loss is organization. allowable. See Regulations section 1.512(a)-1(f)(2)(ii)(b). Part VIII. Exploited Exempt Activity For allocating membership receipts to circulation income, see Rev. Rul. 81-101, 1981 C.B. 352. Income, Other Than Advertising Consolidated periodicals. If an organization publishes two or Income more periodicals, it may elect to treat the gross income for all Exempt organizations that have gross income from an unrelated (but not less than all) periodicals, and deductions directly trade or business activity that exploits an exempt activity (other connected with those periodicals (including excess readership than periodical advertising income reportable on Schedule A, costs) as if the periodicals were one to determine its UBTI. This Part IX) should complete Schedule A, Part VIII. See Regulations rule only applies to periodicals published for the production of section 1.513-1(d)(4)(iv) for a definition of exploited exempt income. A periodical is considered published for the production activity. Report income from advertising other than in a periodical of income if gross advertising income of the periodical is at least on Schedule A, Part VIII. 25% of the readership costs, and the periodical is an activity engaged in for profit. Line 1. Briefly describe the exempt activity being exploited in If periodicals are consolidated, check the box next to the an unrelated trade or business activity. periodical name, and attach a statement showing the name of Line 3. An exempt organization may take all deductions directly each periodical in the consolidated group. The attached connected with the gross income from the unrelated trade or statement should include the amounts that correspond to business activity. information for lines 2 through 4. Attach a separate statement for the consolidated group of publications that includes the amounts Line 4. Subtract directly connected deductions from the gross corresponding to the information for lines 5 through 8. unrelated business income. If unrelated business income exceeds the directly connected deduction, the exempt Part X. Compensation of Officers, organization may take into account all deductible items attributable to the exploited exempt activity, with the following Directors, and Trustees limitations. Complete columns 1 through 4 for those officers, directors, and 1. Reduce the deductible items of the exempt activity by the trustees whose salaries or other compensation are allocable to income from the activity. unrelated business gross income. Don't include in column 4 2. Limit the net amount of deductible items arrived at in item compensation that is deducted on Schedule A, Part II, lines 2 1 above for the exempt activity to the net unrelated business and 14, or any line of Schedule A, Parts III through IX. income from the exploited exempt activity. Part XI. Supplemental Information 3. Exclude income and expenses of the exempt activity in Use Part XI to explain the organization’s operations, to provide figuring a loss carryover or carryback from the unrelated trade or information for lines that don’t have an embedded attachment to business activity exploiting the exempt activity. capture the information to supplement information provided on 4. Exclude deductible items of the exempt activity in figuring an embedded attachment, or to provide any other information in unrelated trade or business income from an activity that isn't support of amounts reported on Schedule A. An organization exploiting the same exempt activity. that associated unrelated trade or business activity with a As a result, the net includible exploited exempt activity different NAICS or Business Activity Code in a prior year than the income is the UBTI minus the excess of the exempt activity NAICS or Business Activity Code shown on the Schedule A for expenses over the exempt activity income. If the income from the the current tax year can enter the explanation for the change exempt activity exceeds the exempt activity expenses, don't add here. that profit to the net income from the unrelated business activity. For each entry in Part XI, include the Schedule A Part and line Attach a separate statement showing the computation. number, a brief description, and the amount (if any). If necessary, Part IX. Advertising Income you may also attach a PDF document to provide supplemental information. An exempt organization that earned gross income from the sale of advertising in an exempt organization periodical must Paperwork Reduction Act Notice complete Schedule A, Part IX. The part of the advertising income We ask for the information on these forms to carry out the taken into account is determined as follows. Internal Revenue laws of the United States. You are required to 1. If direct advertising costs (expenses directly connected give us the information. We need it to ensure that you are with advertising income) are more than advertising income complying with these laws and to allow us to figure and collect (unrelated business income), deduct that excess in figuring UBTI the right amount of tax. You are not required to provide the from any other unrelated trade or business activity conducted by information requested on a form that is subject to the Paperwork the organization. Reduction Act unless the form displays a valid OMB control 2. If advertising income is more than direct advertising costs, number. Books or records relating to a form or its instructions and circulation income (exempt activity income) equals or must be retained as long as their contents may become material exceeds readership costs (exempt activity expenses), then UBTI in the administration of any Internal Revenue law. Generally, tax is the excess of advertising income over direct advertising costs. returns and return information are confidential, as required by 3. If advertising income is more than direct advertising costs, section 6103. and readership costs are more than circulation income, then Estimates of Taxpayer Burden. These include forms in the UBTI is the excess of total income (advertising income and 990 series and attachments; and Forms 1023, 1024, 1028, circulation income) over total periodical costs (direct advertising 5578, 5884-C, 8038, 8038-B, 8038-CP, 8038-G, 8038-GC, costs and readership costs). 8038-R, 8038-T, 8038-TC, 8328, 8718, 8282, 8453-TE, 8453-X, 4. If the readership costs are more than the circulation 8868, 8870, 8871, 8872, 8879-TE, 8886-T, and 8899 and their income, and the net readership costs are more than the excess schedules; and all the forms tax-exempt organizations attach to their tax returns. Time spent and out-of-pocket costs are Instructions for Form 990-T 27 |
Page 28 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. presented separately. Time burden includes the time spent Reported time and cost burdens are national averages and preparing to file and to file, with recordkeeping representing the do not necessarily reflect a “typical” case. Most taxpayers largest component. Out-of-pocket costs include any expenses experience lower than average burden, with taxpayer burden incurred by taxpayers to prepare and submit their tax returns. varying considerably by taxpayer type. For instance, the Examples include tax return preparation and submission fees, estimated average time burden for all taxpayers filing Forms 990, postage and photocopying costs, and tax preparation software 990-EZ, 990-PF, 990-T, and 990-N and related forms is 32.8 costs. Note that these estimates do not include burden hours, with an average cost of $921 per return. This average associated with post-filing activities. IRS operational data includes all associated forms and schedules, across all indicate that electronically prepared and filed returns have fewer preparation methods and taxpayer activities. arithmetic errors, implying lower post-filing burden. Fiscal Year 2024 Form 990 Series Tax Compliance Cost Estimates Form 990 Form 990-EZ Form 990-PF Form 990-T Form 990-N Projections of the Number of Returns to be Filed with IRS 351,100 251,000 130,100 233,200 733,100 Estimated Average Total Time (Hours) 107 69 53 42 5 Estimated Average Total Out-of-Pocket Costs $2,900 $600 $2,200 $2,200 $20 Estimated Average Total Monetized Burden $9,900 $1,700 $4,600 $5,700 $100 Estimated Total Time (Hours) 37,710,000 17,400,000 6,940,000 9,790,000 3,660,000 Estimated Total Out-of-Pocket Costs $1,023,200,000 $152,200,000 $282,600,000 $506,400,000 $14,000,000 Estimated Total Monetized Burden $3,466,900,000 $425,200,000 $594,600,000 $1,324,000,000 $71,400,000 Note: Amounts above are for FY2024. Reported time and cost burdens are national averages and don’t 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. Comments and suggestions, We welcome your comments Phone help, If you have questions and/or need help completing about this publication and suggestions for future editions. You this form, call 877-829-5500. This toll-free telephone service is can send us comments through IRS.gov/FormComments. Or available Monday through Friday. you can write to: Internet, You can access the IRS website 24 hours a day, 7 Internal Revenue Service days a week, at IRS.gov to do the following. Tax Forms and Publications Division • Download forms and publications. 1111 Constitution Ave. NW, IR-6526 • Order IRS products online. Washington, DC 20224 • Research your tax questions online. • Search publications online by topic and keyword. Although we can't respond individually to each comment • Use online Internal Revenue Code (IRC), Regulations, or other official guidance. received, we do appreciate your feedback and will consider your View Internal Revenue Bulletins (IRBs). comments and suggestions as we revise our tax forms, • instructions, and publications. Don't send tax questions, tax • Sign up to receive local and national tax news by email. To subscribe, go to IRS.gov/Charities. returns, or payments to the above address. Photographs of missing children, The IRS is a proud partner Ordering Forms and Publications with the National Center for Missing & Exploited Children. Getting tax forms, instructions, and publications, Go to Photographs of missing children selected by the Center may IRS.gov/Forms to download current and prior-year forms, appear in instructions on pages that would otherwise be blank. instructions, and publications. You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if Ordering tax forms and publications, Go to IRS.gov/Order- you recognize a child. products to order current forms, instructions, and publications. 28 Instructions for Form 990-T |
Page 29 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Business Activity Codes Industry Classification System (NAICS) commonly used by tax-exempt organizations. If you don’t see a code for The codes listed below that begin with the digits 1 the activity you need to categorize in the list below, refer through 8 are a selection from the North American to the full list of NAICS codes at Census.gov/NAICS. Agriculture, Forestry, Hunting, 513110 Newspaper publishers 532289 All other consumer goods rental 621500 Medical and diagnostic 513120 Periodical publishers 532420 Office machinery and equipment laboratories and Fishing 513130 Book publishers rental and leasing 621610 Home health care services Code 513140 Directory & mailing list publishers 533110 Lessors of nonfinancial 621910 Ambulance services 110000 Agriculture, forestry, hunting, and 513190 Other publishers intangible assets (except 621990 All other ambulatory health care copyrighted works) fishing 516100 Radio & television broadcasting services 111000 Crop production stations Professional, Scientific, and 623000 Nursing and residential care facilities Mining 516210 Media streaming, social Technical Services 623990 Other residential care facilities networks, & other content Code providers Code 624100 Individual and family services 211100 Oil and gas extraction 517000 Telecommunications (including 541100 Legal services 624110 Child & youth services 211120 Crude petroleum extraction wired, wireless, satellite, cable & 541200 Accounting, tax preparation, 624200 Community food and housing, other program distribution, 211130 Natural gas extraction resellers, agents, other bookkeeping, and payroll and emergency and other relief 212000 Mining (except oil and gas) telecommunications, & Internet services services service providers) 541300 Architectural, engineering, and 624210 Meal delivery programs, soup related services kitchens, or food banks Utilities Data Processing, Web Search 541380 Testing laboratories & services 624310 Vocational rehabilitation services Code 541511 Custom computer programming 624410 Childcare services 221000 Utilities Portals, & Other Information services Construction Services 541519 Other computer-related services Arts, Entertainment, and Code Code 541610 Management consulting services Recreation 230000 Construction 518210 Computing infrastructure 541700 Scientific research and Code 236000 Construction of buildings providers, data processing, web development services 711110 Theater companies and dinner hosting, & related services 541800 Advertising, public relations, & Manufacturing 519200 Web search portals, libraries, related services theaters archives, & other info. services 541860 Direct mail advertising 711120 Dance companies Code 541900 Other professional, scientific, 711130 Musical groups and artists 310000 Manufacturing Finance and Insurance and technical services 711190 Other performing arts companies 323100 Printing and related support Code 541990 Consumer Credit Counseling 711210 Spectator sports (including activities 522100 Depository credit intermediation Services sports clubs and racetracks) 339110 Medical equipment and supplies (including commercial banking, 711300 Promoters of performing arts, manufacturing savings institutions, and credit Management of Companies and sports, and similar events unions) Wholesale Trade 522200 Nondepository credit Enterprises 713110 Amusement and theme parks Code intermediation Code 713200 Gambling industries 423000 Merchant wholesalers, durable 522210 Credit card issuing 551111 Offices of bank holding 713910 Golf courses and country clubs goods 522220 Sales financing companies 713940 Fitness and recreational sports 424000 Merchant wholesalers, 522291 Consumer lending 551112 Offices of other holding centers nondurable goods 522292 Real estate credit companies 713990 All other amusement and recreation industries (including Retail Trade 522299 Intl. secondary market, & other Administrative and Support skiing facilities, marinas, and nondepository credit bowling centers) Code intermediation Services Accommodation and Food 441100 Automobile dealers 523000 Securities, commodity contracts, Code 444100 Building materials and supplies and other financial investments 561000 Administrative and support Services dealers and related activities services Code 445100 Grocery & convenience retailers 523940 Portfolio management & 561300 Employment services 721000 Accommodation 445200 Specialty food retailers investment advice 561439 Other business service centers 721110 Hotels (except casino hotels) 449100 Furniture and home furnishings 524113 Direct life insurance carriers (including copy shops) and motels retailers 524114 Direct health and medical 561499 All other business support 721210 RV (recreational vehicle) parks 455000 General merchandise retailers insurance carriers services and recreational camps 456110 Pharmacies & drug retailers 524126 Direct property and casualty 561500 Travel arrangement and 721310 Rooming and boarding houses, insurance carriers reservation services dormitories, and workers’ camps 456199 All other health and personal 524130 Reinsurance carriers 561520 Tour operators 722320 Caterers care retailers 524292 Pharmacy benefit management 561700 Services to buildings and 722410 Drinking places (alcoholic 458000 Clothing, clothing accessories, & other third-party administration dwellings beverages) shoe, & jewelry retailers 524298 All other insurance-related 722511 Full-service restaurants 459110 Sporting goods retailers activities Waste Management and 722513 Limited-service restaurants 459120 Hobby, toy, & game retailers 525100 Insurance and employee benefit Remediation Services 722514 Cafeterias, grill buffets, and 459130 Sewing, needlework, & piece funds goods retailers 525920 Trusts, estates, and agency Code buffets 459140 Musical instrument & supplies accounts 562000 Waste management and 722515 Snack and non-alcoholic retailers 525990 Other financial vehicles remediation services (sanitary beverage bars 459210 Book retailers & news dealers (including mortgage REITs) services) Other Services (including newsstands) 459310 Florists Real Estate and Rental and Educational Services Code 459410 Office supplies & stationery Leasing Code 811000 Repair and maintenance retailers 611420 Computer training 812300 Dry cleaning and laundry 459420 Gift, novelty, and souvenir Code 611430 Professional and management services retailers 531110 Lessors of residential buildings development training 812900 Other personal services 459510 Used merchandise retailers and dwellings (including equity 611600 Other schools and instruction 812930 Parking lots and garages 459900 Other miscellaneous retailers REITs) (other than elementary and 531120 Lessors of nonresidential Transportation and buildings (except secondary schools or colleges miniwarehouses)(including and universities, which should Warehousing equity REITs) select a code to describe their unrelated activities) Code 531130 Lessors of miniwarehouses & 611710 Educational support services self-storage units (including 480000 Transportation equity REITs) Healthcare and Social 485000 Transit and ground passenger 531190 Lessors of other real estate Assistance transportation property (including equity REITs) 493000 Warehousing and storage 531310 Real estate property managers Code Information 531320 Offices of real estate appraisers 621110 Offices of physicians Code 531390 Other activities related to real 621300 Offices of other health estate practitioners 512000 Motion picture and sound 532000 Rental and leasing services 621400 Outpatient care centers recording industries 29 |
Page 30 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Additional codes Additional codes listed below that begin Trade or business. A trade or business with “9” are not part of the NAICS and are Appendix A. Definitions is any activity conducted for the not listed on the NAICS website production of income from selling goods Census.gov/NAICS. The non-NAICS Section 501(c)(3) organization. or performing services. An activity must business activity codes are for use on Section 501(c)(3) describes certain be conducted with intent to profit to Form 990-T to identify various types of organizations which are exempt from constitute a trade or business. An activity investments, including certain taxation under section 501(a). A 501(c) doesn’t lose its identity as a trade or partnership and S corporation interests, (3) organization is an organization business merely because it is conducted reported as separate trades or organized and operated exclusively for within a larger group of similar activities businesses under section 512(a)(6) charitable purposes. See Regulations that may or may not be related to the without regard to the specific trade or section 1.501(c)(3)-1(a). exempt purpose of the organization. If, business engaged in by the partnership Annual return. An annual return (for however, an activity conducted for profit or S corporation. See Regulations purposes of the public inspection rules is an unrelated trade or business, no part section 1.512(a)-6. discussed below) is an exact copy of the of it can be excluded from this Form 990-T that was filed with the IRS, classification merely because it doesn’t Non-NAICS Business including all schedules and attachments. result in profit. It also includes any amendments to the Separate trade or business. An Activity Codes original return (amended return). organization with more than one In the codes below that include “###” By annual return (for purposes of the unrelated trade or business should refer replace “#” with numbers to identify each public inspection rules discussed below), to Regulations section 1.512(a)-6 to interest (nonqualified S corporation or we mean any annual return (defined determine if two or more trades or passive income activity). For example, if above) that isn't more than 3 years old businesses are separate trades or four Schedules A are being filed to report from the later of: businesses for purposes of calculating unrelated trade or business income from • The date the return is required to be UBTI. four separate nonqualifying S corporation filed (including extensions), or interests, the business activity code • The date that the return is actually Unrelated trade or business income. entered in item C at the top of the four filed. Unrelated trade or business income is the Schedules A would be 904001, 904002, gross income derived from any trade or 904003, and 904004, respectively. Directly connected expenses. To be business (defined above) regularly deductible in computing UBTI, expenses, carried on and not substantially related to 901101. Investment activities, including: depreciation, and similar items must (defined above) the organization's • Debt-financed income (512(b)(4)); qualify as deductions allowed by section exempt purpose or function (aside from • Qualifying partnership interests; 162, section 167, or other sections, and the organization's need for income or • Qualifying S corporation interests; and must be directly connected with the funds or the use it makes of the profits). • Certain gross income of organizations conduct of unrelated trade or business Generally, for section 501(c)(7), (9), or subject to section 512(a)(3), or 501(c)(7), activity. (17) organizations, unrelated trade or (9), or (17). To be directly connected with the business income is derived from 901301. Insurance income derived from conduct of an unrelated trade or business nonmembers with certain modifications controlled foreign corporations (section activity, expenses, depreciation, and (see section 512(a)). 512(b)(17)). similar items must bear a proximate and For a section 511(a)(2)(B) state primary relationship to the conduct of the college or university, or a corporation 903###. Passive income activities with activity. For example, where facilities wholly owned by such a college or controlled organizations. and/or personnel are used both to university, unrelated trade or business 904###. Nonqualifying S corporation conduct exempt activities and to conduct income is derived from activities not interests. an unrelated trade or business, expenses substantially related to exercising or and similar items attributable to such performing any purpose or function You must report each separate facilities and/or personnel must be described in section 501(c)(3). unrelated trade or business using the first allocated between the two uses on a two digits of the NAICS code that most reasonable basis. The portion of any An unrelated trade or business accurately describes the unrelated trade such item allocated to the unrelated trade doesn’t include a trade or business: or business based on the more specific or business must bear a proximate and 1. In which substantially all the work NAICS code, such as at the 6-digit level. primary relationship to that unrelated is performed for the organization without Investment activities reported as trade or business. compensation; or separate trades or businesses that are identified with a non-NAICS business Not substantially related to. “Not 2. That is conducted by a section activity code should use the 6-digit code substantially related to” means the 501(c)(3) or 511(a)(2)(B) organization from the list above. See Regulations activity that produces the income doesn’t mainly for the convenience of its section 1.512(a)-6(b)(1). contribute importantly to the exempt members, students, patients, officers, or purposes of the organization, other than employees; or Item C at the top of Schedule A the need for funds. Whether an activity 3. That sells items of work-related requires a 6-digit entry. Enter a 2-digit contributes importantly depends in each equipment and clothes, and items NAICS code by entering the first digits case on the facts involved. normally sold through vending machines, followed by four zeros. food dispensing facilities or by snack For details, see Pub. 598, Tax on Unrelated Business Income of Exempt bars, by a local association of employees Organizations. described in section 501(c)(4), organized before May 27, 1969, if the sales are for 30 |
Page 31 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. the convenience of its members at their December 31, 1997. Generally, qualified 2. For contributions to other usual place of employment; or sponsorship payment means any organizations, the amount claimed may 4. That sells merchandise payment to a tax-exempt organization by not be more than the smaller of: substantially all of which was received by a person engaged in a trade or business a. 30% of UBTI figured without this the organization as gifts or contributions; in which there is no arrangement or deduction; or or expectation of any substantial return b. The amount by which 50% of the benefit by that person other than the use UBTI is more than the contributions 5. That consists of qualified public or acknowledgment of that person's allowed in (1) above. entertainment activities regularly name, logo, or product lines in conducted by a section 501(c)(3), (4), or connection with the activities of the An increased limitation may be (5) organization as one of its substantial tax-exempt organization. See section available for cash contributions under exempt purposes (see section 513(d)(2) 513(i). section 170(b)(1)(G). for the meaning of qualified public Contributions not allowable in entertainment activities); or whole or in part because of the 6. That consists of qualified Appendix B. Charitable CAUTION! limitations may not be deducted convention or trade show activities as a business expense but may be regularly conducted by a section 501(c) Contribution Deduction carried over to the next 5 tax years. (3), (4), (5), or (6) organization as one of its substantial exempt purposes (see Charitable contributions. Filers should section 513(d)(3) for the meaning of use the following information regarding Substantiation requirements. qualified convention and trade show the charitable contribution deduction to Generally, no deduction is allowed for any activities); or complete Form 990-T, Part I, line 4. contribution of $250 or more, unless the organization gets a written 7. That furnishes one or more Corporations. The total amount claimed acknowledgment from the donee services described in section 501(e)(1) normally can’t be more than 10% of UBTI organization that shows the amount of (A) by a hospital to one or more hospitals figured without regard to the following. cash contributed, describes any property subject to conditions in section 513(e); or • Any deduction for contributions. contributed, and either gives a 8. That consists of qualified pole • Any capital loss carryback to the tax description and a good faith estimate of year under section 1212(a)(1). rentals, as defined in section 501(c)(12) the value of any goods or services (D), by a mutual or cooperative telephone Corporations on the accrual basis can provided in return for the contribution or or electric company; or elect to deduct contributions paid by the states that no goods or services were 15th day of the 4th month after the end of 9. That includes activities relating to provided in return for the contribution. the tax year if the contributions are the distribution of low-cost articles, each The acknowledgment must be obtained authorized by the board of directors costing $12.50 (IRC 1 per Rev. Proc. by the due date (including extensions) of during the tax year. Attach a declaration 2022-38, section 3.34(1)) or less, by an the organization's return, or, if earlier, the statement to the return stating that the organization described in section 501 date the return is filed. However, see resolution authorizing the contributions and contributions to which are deductible section 170(f)(8) and the related was adopted by the board of directors under section 170(c)(2) or (3) if the regulations for exceptions to this rule. during the tax year. The declaration distribution is incidental to the solicitation Don't attach the acknowledgment to the statement must also include the date the of charitable contributions; or return but keep it with the organization's resolution was adopted. See Regulations records. 10. That includes the exchange or section 1.170A-11. rental of donor or membership lists Note. For contributions of cash, check, Charitable contributions over the 10% between organizations described in or other monetary gifts (regardless of the limitation can’t be deducted for the tax section 501 and contributions to which amount), the organization must maintain year, but may be carried over to the next are deductible under section 170(c)(2) or a bank record, or a receipt, letter, or other 5 tax years. (3); or written communication from the donee In figuring the charitable contributions 11. That consists of bingo games as organization indicating the name of the deduction, if the corporation has an NOL defined in section 513(f). Generally, a organization, the date of the contribution, carryover to the tax year, the 10% limit is bingo game isn't included in any and the amount of the contribution. applied using the taxable income after unrelated trade or business if: Contributions of property other than taking into account any deduction for the a. Wagers are placed, winners are NOL. cash. If an organization contributes determined, and prizes are property other than cash and claims over To figure the amount of any remaining distributed in the presence of all a $500 deduction for the property, it must NOL carryover to later years, taxable persons wagering in that game; and attach a statement to the return income must be modified. See section b. The game doesn’t compete with describing the kind of property 172(b). To the extent charitable bingo games conducted by for-profit contributed and the method used to contributions are used to reduce taxable businesses in the same jurisdiction; determine its FMV. All organizations must income for this purpose and increase an and generally complete and attach Form NOL carryover, a contributions carryover c. The game doesn’t violate state or 8283, Noncash Charitable Contributions, isn't allowed. See section 170(d)(2)(B). local law; or to their returns for contributions of 12. That consists of conducting any Trusts. In general. property (other than money) if the total game of chance by a nonprofit 1. For contributions to organizations claimed deduction for all property organization in the state of North Dakota described in section 170(b)(1)(A), the contributed was more than $5,000. and the conducting of the game doesn’t amount claimed may not be more than Special rules apply to the contribution of violate any state or local law; or 50% of the UBTI figured without this certain property. See the instructions for 13. That consists of soliciting and deduction; and Form 8283. A donee organization must receiving qualified sponsorship payments use Form 8282, Donee Information that are solicited or received after Return, to report information to the IRS and donors about dispositions of certain 31 |
Page 32 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. charitable deduction property made How does a 501(c)(3) organization within 3 years after the donor contributed Appendix C. Public make its annual returns available for the property. See the instructions for public inspection? A 501(c)(3) Form 8282. Inspection of Form organization must make its annual returns Special rules for contributions of cer- 990-T Returns Filed by available in two ways. tain easements in registered historic • By office visitation. districts. The following rules apply to Section 501(c)(3) • By providing copies or making them widely available. certain contributions of real property Organizations interests located in a registered historic Public inspection by office visitation. district. Public inspection requirements of A 501(c)(3) organization must make its • A deduction is allowed for the qualified section 501(c)(3) organizations. annual returns available for public real property interest, if the exterior of the Under section 6104(d), a section 501(c) inspection without charge at its principal, building (including the front, side, rear, (3) organization that files Form 990-T regional, and district offices during and space above the building) is must make its entire annual exempt regular business hours. preserved and no portion of the exterior organization business income tax return is changed in a manner that is (including amended returns) available for Conditions that may be set for public inconsistent with its historical character. public inspection. inspection at the office. A 501(c)(3) organization: See section 170(h)(4)(B). The Form 990-T and related May have an employee present, • A deduction is allowed on the building schedules must be made available for • only (no deduction is allowed for a public inspection for a period of 3 years • Must allow the individual conducting the inspection to take notes freely during structure or land) if located in a registered from the date the Form 990-T is required the inspection, and historic district. However, if listed in the to be filed, including any extension. Must allow an individual to make National Register, a deduction is also • allowed for structures or land areas. See What schedules and attachments to photocopies of documents at no charge section 170(h)(4)(C). Form 990-T must be made available but only if the individual brings • The organization must also include the for public inspection? Only schedules, photocopying equipment to the place of following information with the tax return. attachments (statements), and inspection. 1. A qualified appraisal (as defined in supporting documents that relate to the Determining if a site is a regional or imposition of tax on UBTI must be made section 170(f)(11)(E)) of the qualified district office. A regional or district available for public inspection when property interest. office is any office of a 501(c)(3) attached to a section 501(c)(3) organization, other than its principal 2. Photographs of the entire exterior organization's Form 990-T filed after office, that has paid employees whose of the building. August 17, 2006. total number of paid hours a week are 3. A description of all restrictions on The following documents, when normally 120 hours or more. Include the the development of the building. See attached to a section 501(c)(3) hours worked by part-time (as well as section 170(h)(4)(B)(iii). organization's Form 990-T filed after full-time) employees in making that • The organization's deduction may be August 17, 2006, aren't required to be determination. reduced if rehabilitation credits were made available for public inspections. What sites aren't considered a claimed on the building. See section • Form 926, Return by a U.S. Transferor regional or district office. A site isn't 170(f)(14). of Property to a Foreign Corporation. considered a regional or district office if: • A $500 filing fee may apply to certain • Form 5471, Information Return of U.S. deductions over $10,000. See section Persons With Respect to Certain Foreign 1. The only services provided at the 170(f)(13). Corporations. site further the organization's exempt • Form 8271, Investor Reporting of Tax purposes (for example, daycare, health Reduced deductions for contributions Shelter Registration Number. care, or scientific or medical research); for certain property. The organization • Form 8594, Asset Acquisition and must reduce its deduction for Statement Under Section 1060. 2. The site doesn’t serve as an office contributions of certain capital gain • Form 8621, Information Return by a for management staff, other than property and qualified appreciated stock. Shareholder of a Passive Foreign managers who are involved only in See sections 170(e)(1) and 170(e)(5). Investment Company or Qualified managing the exempt function activities Special rules for corporations. A Electing Fund. at the site. larger deduction is allowed for certain • Form 8832, Entity Classification What if the 501(c)(3) organization contributions of: Election. doesn’t maintain a permanent office? • Inventory and other property to certain • Form 8858, Information Return of U.S. If the 501(c)(3) organization doesn’t organizations for use in the care of the ill, Persons With Respect to Foreign maintain a permanent office, it will needy, or infants (including contributions Disregarded Entities. comply with the public inspection by of apparently wholesome food (see • Form 8865, Return of U.S. Person With office visitation requirement by making section 170(e)(3)(C))); and Respect to Certain Foreign Partnerships. the annual returns available at a • Scientific equipment used for research • Form 8886, Reportable Transaction reasonable location of its choice. It must to institutions of higher learning or to Disclosure Statement. permit public inspection: certain scientific research organizations • Form 8913, Credit for Federal Within a reasonable amount of time (see section 170(e)(4)). Telephone Excise Tax Paid. • after receiving a request for inspection • Form 8925, Report of (normally, not more than 2 weeks), and See section 170, the related Employer-Owned Life Insurance At a reasonable time of day. regulations, and Pub. 526, Charitable Contracts. • Contributions. • Form 8941, Credit for Small Employer Optional method of complying. If a Health Insurance Premiums. 501(c)(3) organization that doesn’t have • Form 8975, Country-by-Country a permanent office wishes not to allow an Report. inspection by office visitation, it may mail 32 |
Page 33 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a copy of the requested documents must immediately provide the local Requests for parts of a document instead of allowing an inspection. agent's name, address, and telephone copy. A person can request all or any However, it must mail the documents number to the requester. specific part or schedule of the annual within 2 weeks of receiving the request The local agent must: returns and the 501(c)(3) organization and may charge for copying and postage • Be located within reasonable proximity must fulfill their request for a copy. only if the requester consents to the to the principal, regional, or district office Can an agent be used to provide charge. where the individual makes the request; copies? A 501(c)(3) organization can 501(c)(3) organizations with a and use an agent to provide document copies permanent office but limited or no • Provide document copies within the for the written requests it receives. hours. Even if a 501(c)(3) organization same time frames as the 501(c)(3) However, the agent must provide the has a permanent office but no office organization. document copies under the same hours or very limited hours during certain conditions that are imposed on the 501(c) times of the year, it must still meet the Written requests for document cop- (3) organization itself. Also, if an agent office visitation requirement. To meet this ies. If a 501(c)(3) organization receives fails to provide the documents as requirement during those periods when a written request for a copy of its annual required, the 501(c)(3) organization will office hours are limited or not available, returns (or parts of these documents), it continue to be subject to penalties. follow the rules under What if the 501(c) must give a copy to the requester. (3) organization doesn’t maintain a However, this rule only applies if the Example. The ABC Organization permanent office, earlier. request: retained an agent to provide copies for all • Is addressed to a 501(c)(3) written requests for documents. However, Public Inspection—Providing organization's principal, regional, or the ABC Organization received a request district office; for document copies before the agent Copies • Is delivered to that address by mail, did. A 501(c)(3) organization must provide electronic mail (email), facsimile (fax), or The deadline for providing a response copies of its annual returns to any a private delivery service approved by the is referenced by the date that the ABC individual who makes a request for a IRS (see Private Delivery Service, earlier, Organization received the request and copy in person or in writing unless it for a list); and not when the agent received it. If the makes these documents widely available. • Gives the address to which the agent received the request first, then a In-person requests for document cop- document copies should be sent. response would be referenced to the date ies. A 501(c)(3) organization must How and when a written request is that the agent received it. provide copies to any individual who fulfilled. Can a fee be charged for providing makes a request in person at the 501(c) • Requested document copies must be copies? A 501(c)(3) organization may (3) organization's principal, regional, or mailed within 30 days from the date the charge a reasonable fee for providing district office during regular business 501(c)(3) organization receives the copies. Also, it can require the fee to be hours on the same day that the individual request. paid before providing a copy of the makes the request. • Unless other evidence exists, a requested document. Accepted delay in fulfilling an request or payment that is mailed is What is a reasonable fee? A fee is in-person request. If unusual considered to be received by the 501(c) reasonable only if it is no more than the circumstances exist and fulfilling a (3) organization 7 days after the postmark per-page copying fee charged by the IRS request on the same day places an date. for providing copies, plus no more than unreasonable burden on the 501(c)(3) • If an advance payment is required, the actual postage costs incurred to organization, it must provide copies by copies must be provided within 30 days provide the copies. the earlier of: from the date payment is received. What forms of payment must the • The next business day following the • If the 501(c)(3) organization requires 501(c)(3) organization accept? The day that the unusual circumstances end, payment in advance and it receives a form of payment depends on whether the or request without payment or with request for copies is made in person or in • The fifth business day after the date of insufficient payment, it must notify the writing. the request. requester of the prepayment policy and Cash and money orders must be the amount due within 7 days from the accepted for in-person requests for Examples of unusual circumstances date it receives the request. document copies. The 501(c)(3) include: • A request that is transmitted to the organization, if it wishes, may accept • Receipt of a volume of requests (for 501(c)(3) organization by email or fax is additional forms of payment. document copies) that exceeds the considered received the day the request 501(c)(3) organization's daily capacity to is transmitted successfully. Certified check, money order, and make copies, • Requested documents can be emailed either personal check or credit card must • Requests received shortly before the instead of the traditional method of be accepted for written requests for end of regular business hours that require mailing if the requester consents to this document copies. The 501(c)(3) an extensive amount of copying, or method. organization, if it wishes, may accept • Requests received on a day when the additional forms of payment. 501(c)(3) organization's managerial staff A document copy is considered as capable of fulfilling the request is provided on the: Other fee information. If a 501(c)(3) conducting official duties (for example, • Postmark date, organization provides a requester with student registration or attending an • Private delivery date, notice of a fee and the requester doesn’t off-site meeting or convention) instead of • Registration date for certified or pay the fee within 30 days, the 501(c)(3) its regular administrative duties. registered mail, organization may ignore the request. Use of local agents for providing • Postmark date on the sender's receipt If a requester's check doesn’t clear on copies. A 501(c)(3) organization may for certified or registered mail, or deposit, the 501(c)(3) organization may use a local agent to handle in-person • Day the email is successfully ignore the request. requests for document copies. If a 501(c) transmitted (if the requester agreed to If a 501(c)(3) organization doesn’t (3) organization uses a local agent, it this method). require prepayment and the requester 33 |
Page 34 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. doesn’t prepay, the 501(c)(3) 1. The Internet posting requirement • Takes reasonable precautions to organization must receive consent from is met if: prevent alteration, destruction, or the requester if the copying and postage • The document is posted on an Internet accidental loss of the document when charge exceeds $20. page that the 501(c)(3) organization posted on its page; and establishes and maintains, or 501(c)(3) organizations subject to a • Corrects or replaces the document if a harassment campaign. If the IRS • The document is posted as part of a posted document is altered, destroyed, or database of like documents of other lost. determines that a 501(c)(3) organization tax-exempt organizations on an Internet is being harassed, it isn't required to 4. The notice requirement is met if a page established and maintained by comply with any request for copies that it 501(c)(3) organization notifies any another entity. reasonably believes is part of the individual requesting a copy of its annual harassment campaign. 2. An additional posting information return where the documents are available requirement is met if: (including the Internet address). If the A group of requests for a 501(c)(3) organization's annual return is indicative • The Internet page through which the request is made in person, the 501(c)(3) document is available clearly informs organization must notify the individual of a harassment campaign if the requests readers that the document is available immediately. If the request is in writing, it are part of a single coordinated effort to and provides instructions for downloading must notify the individual within 7 days of disrupt the operations of the 501(c)(3) the document; receiving the request. organization rather than to collect information about it. • After it is downloaded and viewed, the web document exactly reproduces the Penalties Requests that may be disregarded image of the annual return as it was A penalty may be imposed on any person without IRS approval. A 501(c)(3) originally filed with the IRS, except for any who doesn’t make the annual returns organization may disregard any request information permitted by statute to be (including all required attachments) for copies of all or part of any document withheld from public disclosure; and available for public inspection according beyond the first two received within any • Any individual with access to the to the section 6104(d) rules discussed 30-day period or the first four received Internet can access, download, view, and earlier. If more than one person fails to within any 1-year period from the same print the document without special comply, each person is jointly and individual or the same address. computer hardware or software required severally liable for the full amount of the for that format (except software that is penalty. The penalty amount is $20 for Making the Annual Returns readily available to members of the public each day during which a failure occurs. Widely Available without payment of any fee) and without The maximum penalty that may be payment of a fee to the 501(c)(3) A 501(c)(3) organization doesn’t have to imposed on all persons for any one organization or to another entity provide copies of its annual returns if it annual return is $10,000. maintaining the web page. makes these documents widely available. Any person who willfully fails to However, it must still allow public 3. The reliability and accuracy inspection by office visitation. requirements are met if the entity comply with the section 6104(d) public maintaining the Internet page: inspection requirements is subject to an How does a 501(c)(3) organization • Has procedures for ensuring the additional penalty of $5,000. make its annual returns widely availa- reliability and accuracy of the document ble? A 501(c)(3) organization's annual that it posts on the page; returns are widely available if it meets all four of the following requirements. 34 |
Page 35 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Estimated Tax Payments 12 Other tax amounts: A Estimated Tax Penalty 13 Excess distribution from a passive Accounting method 6 Exceptions and special rules: foreign investment company Accounting Period 7 Member income of mutual or (PFIC) 10 Alcohol and Cellulosic Biofuel Fuels cooperative electric companies.: Credit 19 Income from qualifying shipping P Alternative Minimum Tax (Trusts activities. 15 Partnerships 18 Only) 11 Passive loss and at-risk Passive foreign investment company Amortization 21 limitations. 15 (PFIC) shareholders 19 Annual return 30 Exploited Exempt Activity Income, Payment card and third party network Other Than Advertising Income 27 Appendix A. Definitions 30 transactions 16 Proxy Tax 10 Appendix B. Charitable Contribution F Public Inspection Requirements of Deduction 31 Appendix C. Public Inspection of Foreign Organizations 12 Section 501(c)(3) 8 Form 990-T Returns Filed by Foreign Tax Credit 11 Purpose of Form 1 Section 501(c)(3) Organizations 8 G R B Gain or loss on disposition of certain Recapture of investment credit: Backup Withholding 12 brownfield property 17 Recapture of low-income housing Biodiesel and Renewable Diesel Fuels General Business Credit: credit: Credit 19 Refundable small employer tax Interest due under the look-back credit 11 method. 11 C Gross Receipts or Sales: Recoveries of bad debts deducted 19 Capital Gain Net Income 17 Advance payments: Rent Income 23 Capital Loss Deduction for Trusts 18 Installment sales Reporting 990-T Information on Other Returns 8 Certain Activities and Other Information: I Rounding Off to Whole Dollars 8 Signature or other authority over a Income from property financed with S financial account in a foreign qualified 501(c)(3) bonds 19 country: Income or (Loss) From a Partnership S Corporations: Report of Foreign Bank and or an S Corporation 18 Qualified tax-exempts: Financial Accounts (FBAR) Interest 21 Exception 18 Change in address: Interest, Annuities, Royalties, and Section 199A Deduction 10 Archer MSA 8 Rents From Controlled Section 263A Uniform Capitalization Coverdell ESA 8 Organizations: Rules: IRA, SEP, or SIMPLE 8 Controlled organization 25 Indirect expenses 20 Qualified ABLE Program 8 Qualifying specified payment 25 Interest expense 20 Qualified State Tuition Program 8 Specified payment 25 Section 481(a) adjustment 7 Roth IRA 8 Section 501(c)(3) organization 30 Charitable contributions 31 L Section 965 Payments: Charitable Contributions 9 Limitations on Deductions: Net tax liability in installments 12 Compensation of Officers, Directors, Activities Lacking a Profit Motive 19 Separate trades or businesses: and Trustees 27 Deductions Related to Property Dual-use property: Consolidated periodicals 27 Leased to Tax-Exempt Entities 19 Which Parts to Complete 14 Cost of Goods Sold 23 Preference Items 19 Substantiation requirements 31 Credit for Prior Year Minimum Tax 11 Section 263A Uniform Capitalization Supplemental Information: Credit for Small Employer Health Rules 19 Signature: Insurance Premiums: Transactions Between Related Paid preparer 13 Tax-exempt eligible small Taxpayers 19 Special rule for IRA trusts 13 employer 12 N D T Name and Address: Tax and Payments 11 Debt-financed property Change of name. 8 Tax Due: disposition 17 Net Gain or (Loss) 18 Pay by credit or debit card: Deduction for Net Operating Loss 9 Net Operating Loss (NOL) 22 IRS.gov/E-pay 13 Deductions Not Taken Elsewhere: Nonaccrual experience method 17 Tax on Noncompliant Facility Directly connected expenses 19 Income 11 Depletion 22 O Tax Rate Schedule for Trusts 10 Disposition of property received from taxable subsidiary 17 Organizations described in section Total of Unrelated Business Taxable Disregarded entity 2 501(c)(19) 19 Income Computed From all Organizations Taxable as Unrelated Trades or Businesses 9 Corporations. 10 Total Tax 12 E Total Unrelated Business Taxable Other Credits 11 Employer-owned life insurance Other Deductions: Income 9 contracts 19 Extraterritorial income exclusion 22 Travel, Meals, and Entertainment 20 35 |
Page 36 of 36 Fileid: … ions/i990t/2023/a/xml/cycle12/source 4:50 - 26-Jan-2024 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Trust filers only: Unrelated Trade or Business Income: Who Must File 1 Qualified Business Income Deduction: Purpose of the Schedule 14 Determines the unrelated business income separately for each W unrelated trade or business 10 When are section 263A capitalized costs deductible: U Exceptions 20 Unrelated Debt-Financed Income 24 36 |