Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ions/i990t/2022/a/xml/cycle08/source (Init. & Date) _______ Page 1 of 36 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Department of the Treasury Internal Revenue Service 2022 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 required to file electronically. See When, Where, and How To Who Must File . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 File, later, for more information. When, Where, and How To File . . . . . . . . . . . . . . . . . 3 Form 990-W has been made historical. The Form 990-W is Depository Method of Tax Payment . . . . . . . . . . . . . . 3 being made historical and prior revisions are still available on Other Forms That May Be Required . . . . . . . . . . . . . . 4 IRS.gov. Accounting Methods . . . . . . . . . . . . . . . . . . . . . . . . . 6 Business Activity Codes. The North American Industrial Specific Instructions . . . . . . . . . . . . . . . . . . . . . . . . . 7 Classification System (NAICS) updates its business activity Items A Through L . . . . . . . . . . . . . . . . . . . . . . . . . . 8 codes every 5 years, with the most recent update taking effect for 2022. Part I. Total Unrelated Business Taxable Income . . . . . 9 State colleges and universities. Item G of Form 990-T has Part II. Tax Computation . . . . . . . . . . . . . . . . . . . . . . 9 been updated with a checkbox for state colleges and universities Part III. Tax and Payments . . . . . . . . . . . . . . . . . . . . 10 that are not also recognized as exempt under section 501(c)(3). Part IV. Statements Regarding Certain Activities Advanced manufacturing investment credit. An eligible filer and Other Information . . . . . . . . . . . . . . . . . . . . 12 that claims the advanced manufacturing investment credit for tax Part V. Supplemental Information . . . . . . . . . . . . . . . 13 years ending after 2022, can make a deemed payment election General Instructions — Schedule A (Form 990-T) . . . 13 under section 48D. If the election is made, the filer is treated as making a payment against tax by the amount of the credit. See Purpose of the Schedule . . . . . . . . . . . . . . . . . . . . . 13 section 48D and the Instructions for Form 3468. Specific Instructions—Schedule A (Form 990-T) . . . 15 Investment and production tax credits under the Inflation Part I. Unrelated Trade or Business Income . . . . . . . 16 Reduction Act of 2022. The Inflation Reduction Act of 2022 Part II. Deductions Not Taken Elsewhere . . . . . . . . . 19 include provisions that extend, modify or create a number of Part III. Cost of Goods Sold . . . . . . . . . . . . . . . . . . . 22 energy-related investment and production tax credits. These Part IV. Rent Income . . . . . . . . . . . . . . . . . . . . . . . . 23 credits are allowed as general business credits (see General Business Tax Credit, later). The Inflation Reduction Act also Part V. Unrelated Debt-Financed Income . . . . . . . . . 23 added new section 6417 under which an applicable entity may Part VI. Interest, Annuities, Royalties, and Rents make a deemed payment election with respect to each credit. From Controlled Organizations . . . . . . . . . . . . . 25 Applicable entities include: Part VII. Investment Income of a Section 501(c)(7), • Any organization exempt from the tax imposed by subtitle A, (9), or (17) Organization . . . . . . . . . . . . . . . . . . 25 • Any state or political subdivision thereof, • The Tennessee Valley Authority, Part VIII. Exploited Exempt Activity Income, Other • An Indian tribal government (as defined in section 30D(g)(9)), Than Advertising Income . . . . . . . . . . . . . . . . . 26 • Any Alaska Native Corporation (as defined in section 3 of the Part IX. Advertising Income . . . . . . . . . . . . . . . . . . . 26 Alaska Native Claims Settlement Act (43 U.S.C. 1602(m)), and Part X. Compensation of Officers, Directors, and • Any corporation operating on a cooperative basis which is Trustees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 engaged in furnishing electric energy to persons in rural areas. Part XI. Supplemental Information . . . . . . . . . . . . . . 27 Alternative minimum tax. The Inflation Reduction Act of 2022 Business Activity Codes . . . . . . . . . . . . . . . . . . . . . 29 imposed a corporate alternative minimum tax (CAMT) under section 55. For tax years beginning after 2022, applicable Appendix A. Definitions . . . . . . . . . . . . . . . . . . . . . . 30 corporations within the meaning of section 59(k) may be Appendix B. Charitable Contribution Deduction . . . . . 31 required to pay an alternative minimum tax. Short-period filers Appendix C. Public Inspection of Form 990-T with a tax year starting after 2022, and ending before December Returns Filed by Section 501(c)(3) 31, 2023, see section 55 and the instructions for Part III, line 3, Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . 32 later, for additional information. Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Reminders Future Developments COVID-19 related credit for qualified sick and family leave. For the latest information about developments related to Form Generally, the credit for qualified sick and family leave wages, as 990-T and its instructions, such as legislation enacted after they enacted under the Families First Coronavirus Response Act were published, go to IRS.gov/Form990T. (FFCRA) and amended and extended by the COVID-related Tax Relief Act, of 2020 and the credit for qualified sick and family leave wages, as enacted under the American Rescue Plan Act, of 2021 (the ARP) have expired. However, employers that paid Mar 7, 2023 Cat. No. 11292U |
Page 2 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. qualified sick and family leave wages in 2022 for leave taken 5. Coverdell education savings accounts (ESAs) described after March 31, 2020, and before October 1, 2021, may be under section 530. eligible to claim a credit for qualified sick and family leave wages 6. Archer medical savings accounts (Archer MSAs) described in 2022. See the March 2022 revision of the Instructions for Form under section 220. 941. Rules prohibiting double benefit continue to apply. 7. Health savings accounts (HSAs) described under section 223. Each account of a type listed above is treated as a General Instructions ! separate trust for unrelated business income tax CAUTION purposes (even if there is a single owner or beneficiary Purpose of Form for multiple accounts) and must have its own employer identification number (EIN) if it will file Form 990-T to report Use Form 990-T and Schedule A (as applicable) to: gross unrelated business taxable income of $1,000 or more. A • Report unrelated business income; custodian is treated as a trustee. See section 408(h). Individual • Figure and report unrelated business income tax liability; retirement annuities, unlike IRAs, aren't subject to unrelated • Report proxy tax liability; business income tax. • Claim a refund of income tax paid by a regulated investment company (RIC) or a real estate investment trust (REIT), on IRAs and other tax-exempt shareholders in a RIC or undistributed long-term capital gain; and TIP REIT filing Form 990-T, only to obtain a refund of income • Request a credit for certain federal excise taxes paid for small tax paid on undistributed long-term capital gains should employer health insurance premiums paid and request deemed complete Form 990-T as explained in IRAs and other tax-exempt payment of certain investment or production tax credits under shareholders in a RIC or REIT, later. the CHIPS Act and the Inflation Reduction Act of 2022. Who Must File Organizations With or Without Current UBTI Proxy tax. Organizations liable for the proxy tax on lobbying Organizations With Current Unrelated Business and political expenditures. See Part II, Line 3. Proxy Tax, later, Taxable Income (UBTI) for a discussion of the proxy tax. If your organization is only required to file because of the proxy tax, see Proxy tax only • Any disregarded entity, domestic, or foreign organization under Which Parts To Complete, later. exempt under section 501(a), section 529(a), or section 529A(a), if it has gross income of $1,000 or more from a Other taxes or amounts. Organizations that are liable for regularly conducted unrelated trade or business (see other taxes (such as tax deferred under section 1291 (Form Regulations section 1.6012-2(e)). Gross income is gross 990-T, Part II, line 4) or section 1294 (Part III, line 4)), or receipts minus the cost of goods sold, (see Regulations section organizations liable for other amounts due (or entitled to a refund 1.61-3). For a discussion of cost of goods sold, see Schedule A of, or credit for other amounts such as recapture of tax credits or (Form 990-T), Part III. Cost of Goods Sold, later. interest adjustments (such as recapture of a credit or interest due under a look-back rule (Form 990-T, Part III, line 3)). See a The gross receipts from a gaming business include all discussion of these items later. If your organization is required to ! amounts wagered in games, not just the net proceeds file Form 990-T only because of these taxes or other amounts, CAUTION after payment of prizes and other expenses. Cash prizes see Other Taxes under Which Parts To Complete, later. aren't included in cost of goods sold, but are reported on Qualified opportunity investment (annual report). Schedule A, Part II, line 14, as other deductions. Organizations that deferred a capital gain into a qualified opportunity fund (QOF) must file Form 990-T with Schedule D, A disregarded entity, as described in Regulations Form 8949, and Form 8997 attached. Each such organization ! sections 301.7701-1 through 301.7701-3, is treated as a must file Form 990-T with Form 8997 attached annually until the CAUTION branch or division of its parent organization for federal organization disposes of the investment. See the Instructions for tax purposes. Therefore, financial information applicable to a Form 8997. disregarded entity must be reported as the parent organization's financial information. If you are filing Form 990-T only because of the proxy TIP tax, other taxes, or only to claim a refund, go directly to • Colleges and universities of states and other governmental Proxy Tax Only, Other Taxes, or Claim for Refund, later. units, and subsidiary corporations wholly owned by such If you are filing Form 990-T only to claim the credit for small colleges and universities. However, a section 501(c)(1) employer health insurance premiums, see the instructions for corporation that is an instrumentality of the United States and Part III, line 6f, later. both organized and exempt from tax by an Act of Congress doesn’t have to file. Which Parts To Complete • Qualified tuition programs described under section 529 that Organizations with unrelated business taxable income. have $1,000 or more of unrelated trade or business gross Organizations with UBTI must complete Form 990-T, and also a income. separate Schedule A (Form 990-T) for each separate unrelated • Qualified ABLE programs described under section 529A that trade or business. See Regulations section 1.512(a)-6. have $1,000 or more of unrelated trade or business gross Complete all Schedules A (Form 990-T) first. See General income. Instructions for Schedule A (Form 990-T), later. • Trustees for the following trusts that have $1,000 or more of Consolidated returns. The consolidated return provisions of unrelated trade or business gross income. section 1501 don't apply to exempt organizations, except for 1. Individual retirement accounts (IRAs), including traditional organizations having title holding companies. If a title holding IRAs described under section 408(a). corporation described in section 501(c)(2) pays any amount of 2. Simplified employee pension IRAs (SEP IRAs) described its net income for a tax year to an organization exempt from tax under section 408(k). under section 501(a) (or would, except that the expenses of 3. Savings incentive match plan for employees of small collecting its income exceeded that income), and the corporation employers IRAs (SIMPLE IRAs) described under section 408(p). and organization file a consolidated return as described below, 4. Roth IRAs described under section 408A. then treat the title holding corporation as being organized and -2- Instructions for Form 990-T |
Page 3 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. operated for the same purposes as the other exempt 2439, Notice to Shareholder of Undistributed Long-Term Capital organization (in addition to the purposes described in section Gains. 501(c)(2)). Composite Form 990-T. If you are a trustee of more than Two organizations exempt from tax under section 501(a), one one IRA invested in a RIC, you may be able to file a composite a title holding company and the other earning income from the Form 990-T to claim a refund of tax under section 852(b) instead first, will be includible corporations for purposes of section of filing a separate Form 990-T for each IRA. See Notice 90-18, 1504(a). If the organizations meet the definition of an affiliated 1990-1 C.B. 327, for information on who can file a composite group and the other relevant provisions of chapter 6, then these return. Complete the steps under Claim for refund (including organizations may file a consolidated return. The parent special instructions for IRA trustees) above and follow the organization must attach Form 851, Affiliations Schedule, to the additional requirements in the notice. consolidated return. For the first year a consolidated return is Backup withholding. If your only reason for filing Form filed or for the first year a new corporation is added to a 990-T is to claim a refund of backup withholding, complete the consolidated return, the title holding company must attach Form steps under Claim for refund (including special instructions for 1122, Authorization and Consent of Subsidiary Corporation To IRA trustees) above and attach a copy of the Form 1099 Be Included in a Consolidated Income Tax Return. See showing the withholding. Regulations section 1.1502-100. When, Where, and How To File Organizations with no UBTI. An organization with no UBTI that needs to file Form 990-T should complete and file Form When To File 990-T only. Such an organization does not complete or attach Schedule A (Form 990-T) to its return. 15th day of 4th month or 15th day of 5th month. An Proxy tax only. Organizations that are required to file Form employees' trust defined in section 401(a), an IRA (including 990-T only because they are liable for the proxy tax on lobbying SEPs and SIMPLEs), a Roth IRA, a Coverdell ESA, or an Archer and political expenditures must complete the following. MSA must file Form 990-T by the 15th day of the 4th month after • The heading (above Part I) except items J and K. the end of its tax year. All other organizations must file Form • Part II, lines 3 and 7. 990-T by the 15th day of the 5th month after the end of their tax • Part III. years. If the regular due date falls on a Saturday, Sunday, or • Signature area. legal holiday, file no later than the next business day. If the return • Attach a statement showing the proxy tax computation. is filed late, see Interest and Penalties, later. Other taxes. Organizations that are required to file Form Extensions. Filers may request an automatic extension of time 990-T only because they are liable for tax under section 1291 or to file Form 990-T by using Form 8868, Application for Automatic tax previously deferred under section 1294, recapture taxes, the Extension of Time To File an Exempt Organization Return. tax on a hospital organization’s non-compliant facility income, or Amended return. To correct errors or change a previously filed other items listed in the instructions for Part III, line 4, must return, check box F, “Check box if an amended return,” at the top complete the following. of the return. Also, in Part V, Supplemental Information, include a • The heading above Part I except items J and K. statement that indicates the line numbers on the original return • The applicable lines of Parts II and III. that were changed and give the reason for each change. • Signature area. Generally, the amended return must be filed within 3 years after • Attach all appropriate forms and/or schedules showing the the date the original return was due or 3 years after the date the computation of the applicable tax or taxes. organization filed it, whichever is later. Other amounts due. Organizations that are required to file Form 990-T only because they are liable for amounts due Where and How To File because of the recapture of a tax credit, or other items listed in the instructions for Part III, line 3, must complete the following. Required electronic filing. If you are an organization or trust • The heading above Part I except items J and K. defined in section 511 and need to file Form 990-T, you are • The applicable lines of Parts II and III that require an entry. required to file electronically. For additional information, visit • Signature area. IRS.gov/E-file. • Attach all appropriate forms and/or schedules showing the computation of the applicable tax or taxes. Estimated Tax Payments Claim for refund (including special instructions for IRA Generally, an organization filing Form 990-T must make trustees or direct payments of certain credits). If your only installment payments of estimated tax if its estimated tax (tax reason for filing a Form 990-T is to claim a refund or request a minus allowable credits) is expected to be $500 or more. Don't credit complete the following. include the proxy tax when computing your estimated tax liability • The heading above Part I except items J and K. for 2022. • Enter -0- on Part I, lines 1 and 11, and Part III, line 4. • Enter the credit or payment on Part III, lines 6a through 6g, as Depository Method of Tax Payment appropriate. The organization must pay any tax due in full by the due date of • Part III, lines 7, 10, and 11. the return without extension. • Signature area. For claims described below, follow the additional instructions Electronic Deposit Requirement for that claim. IRAs and other tax-exempt shareholders in a RIC or The organization must deposit all depository taxes (such as REIT. If you are an IRA or other tax-exempt shareholder that is employment tax, excise tax, and corporate income tax) invested in a RIC or a REIT and file Form 990-T only to obtain a electronically. Generally, electronic funds transfers are made refund of income tax paid on undistributed long-term capital using the Electronic Federal Tax Payment System (EFTPS). For gains, follow the steps under Claim for refund (including special more information about EFTPS or to enroll in EFTPS, go to instructions for IRA trustees) above; check the applicable box in EFTPS.gov, or call 800-555-4477. To contact EFTPS using item H at the top of Form 990-T; and attach Copy B of Form Telecommunications Relay Services (TRS) for people who are deaf, hard of hearing, or have a speech disability, dial 711 and Instructions for Form 990-T -3- |
Page 4 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. then provide the TRS assistant the 800-555-4477 number above • Form 941, Employer's QUARTERLY Federal Tax Return; or 800-733-4829. Also, see Pub. 966, Electronic Federal Tax • Form 943, Employer's Annual Federal Tax Return for Payment System: A Guide to Getting Started. Agricultural Employees; or Depositing on time. For EFTPS deposits to be made timely, • Form 945, Annual Return of Withheld Federal Income Tax. the organization must submit the deposit by 8 p.m. Eastern time The trust fund recovery penalty may be imposed on all the day before the deposit is due. persons who are determined by the IRS to have been responsible for collecting, accounting for, and paying over these Same-day wire payment option. If you fail to submit a deposit taxes, and who acted willfully in not doing so. The penalty is transaction on EFTPS by 8 p.m. Eastern time the day before the equal to the unpaid trust fund tax. See the Instructions for Form date a deposit is due, you can still make your deposit on time by 720; or Pub. 15 (Circular E), Employer's Tax Guide, for details, using the Federal Tax Application (FTA), a same-day federal tax including the definition of responsible persons. payment system that works in conjunction with EFTPS. Make arrangements with your financial institution ahead of time, noting Other penalties. There are also penalties that can be imposed the institution's availability, deadlines, and costs, if you believe for negligence, substantial understatement of tax, reportable you would ever need the same-day wire payment option. To transaction understatements, and fraud. See sections 6662, learn more, go to IRS.gov/SameDayWire. 6662A, and 6663. Timeliness of deposits. The IRS will use business days to Other Forms That May Be Required determine the timeliness of deposits. Business days are any day that isn’t a Saturday, Sunday, or legal holiday in the District of Forms W-2 and W-3. File Form W-2, Wage and Tax Columbia. Statement, and Form W-3, Transmittal of Wage and Tax Statements, to report wages, tips, other compensation, withheld Interest and Penalties income taxes, and withheld social security/Medicare taxes for Your organization may be subject to interest and penalty employees. charges if it files a late return or fails to pay tax when due. Form 461. Noncorporate taxpayers may need to file Form 461, Generally, the organization isn't required to include interest and Limitation on Business Losses. See Form 461 and its penalty charges on Form 990-T because the IRS can figure the instructions. amount and bill the organization for it. Form 720. File Form 720, Quarterly Federal Excise Tax Return, Interest. Interest is charged on taxes not paid by the original to report environmental excise taxes, communications and air due date of the return even if the organization uses Form 8868 to transportation taxes, fuel taxes, manufacturers taxes, ship request an automatic extension of time to file. Interest is also passenger tax, and certain other excise taxes. See Trust fund charged on penalties imposed for failure to file, negligence, recovery penalty, earlier. fraud, substantial valuation misstatements, and substantial understatements of tax from the due date (including extensions) Form 926. File Form 926, Return by a U.S. Transferor of to the date of payment. The interest charge is figured at the Property to a Foreign Corporation, if the organization is required underpayment rate determined under section 6621. to report certain transfers to foreign corporations under section 6038B. Late filing of return. An organization that fails to file its return when due (including extensions of time for filing) is subject to a Form 940. File Form 940, Employer's Annual Federal penalty of 5% of the unpaid tax for each month or part of a month Unemployment (FUTA) Tax Return, if the organization is liable the return is late, up to a maximum of 25% of the unpaid tax. The for FUTA tax. minimum penalty for a return that is more than 60 days late is the Form 941 and Form 943. File Form 941, Employer's smaller of the tax due or $450. The penalty won't be imposed if QUARTERLY Federal Tax Return; or Form 943, Employer's the organization can show that the failure to file on time was due Annual Federal Tax Return for Agricultural Employees, to report to reasonable cause. If you receive a notice about a penalty after income tax withheld, and employer and employee social security you file this return, reply to the notice with an explanation and we and Medicare taxes. Also, see Trust fund recovery penalty, will determine if you meet reasonable-cause criteria. Don’t earlier. include an explanation when you file your return. Form 945. File Form 945, Annual Return of Withheld Federal Late payment of tax. The penalty for late payment of taxes is Income Tax, to report income tax withheld from nonpayroll usually 1/2 of 1% of the unpaid tax for each month or part of a distributions or payments, including pensions, annuities, IRAs, month the tax is unpaid. The penalty can’t exceed 25% of the gambling winnings, and backup withholding. unpaid tax. If you receive a notice about a penalty after you file this return, reply to the notice with an explanation and we will Form 965-A and Form 965-B. See Form 965-A, Individual determine if you meet reasonable-cause criteria. Don’t include Report of Net 965 Tax Liability; Form 965-B, Corporate and Real an explanation when you file your return. Estate Investment Trust (REIT) Report of Net 965 Tax Liability and Electing REIT Report of 965 Amounts; and their respective Estimated tax penalty. An organization that doesn’t make instructions, for more information. estimated tax payments when due may be subject to an underpayment penalty for the period of underpayment. Form 1098. File Form 1098, Mortgage Interest Statement, to Generally, an organization is subject to this penalty if its tax report the receipt from any individual of $600 or more of liability for the tax year is $500 or more and it didn’t make mortgage interest (including points) in the course of the estimated tax payments of at least the smaller of its tax liability organization's trade or business and reimbursements of for the tax year or 100% of the prior year's tax. See section 6655 overpaid interest. for details and exceptions. Forms 1099-A, B, DIV, INT, LTC, MISC, NEC, OID, R, S, and Trust fund recovery penalty. This penalty may apply if certain SA. Organizations engaged in an unrelated trade or business excise, income, social security, and Medicare taxes that must be may be required to: collected or withheld aren't paid to the U.S. Treasury. These • File an information return on Forms 1099-A, B, DIV, INT, LTC, taxes are generally reported on: MISC, NEC, OID, R, S, and SA; • Form 720, Quarterly Federal Excise Tax Return; • Report acquisitions or abandonments of secured property through foreclosure; -4- Instructions for Form 990-T |
Page 5 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Report proceeds from broker and barter exchange received more than $10,000 in cash or foreign currency in one transactions; transaction or in a series of related transactions. See Form 8300 • Report certain dividends and distributions; and Regulations section 1.6050I-1(c). • Report interest income; Form 8582. File Form 8582, Passive Activity Loss Limitations, • Report certain payments made on a per diem basis under a for trusts that have losses (including prior-year unallowed long-term care insurance contract, and certain accelerated losses) from passive activities. death benefits; • Report miscellaneous income (such as payments to providers Form 8697. File Form 8697, Interest Computation Under the of health and medical services, and miscellaneous income Look-Back Method for Completed Long-Term Contracts, to payments); figure the interest due or to be refunded under the look-back • Report nonemployee compensation; method of section 460(b)(2). The look-back method applies to • Report original issue discount; certain long-term contracts that are accounted for under either • Report distributions from retirement or profit-sharing plans, the percentage method or the completion-capitalized cost IRAs, SEPs, SIMPLEs, and insurance contracts; method. • Report proceeds from real estate transactions; and Form 8810. File Form 8810, Corporate Passive Activity Loss • Report distributions from an HSA, an Archer MSA, or a and Credit Limitations, for closely held corporations that have Medicare Advantage MSA. losses or credits (including prior-year unallowed losses and When filing the above listed Form 1099 series credits) from passive activities. ! information returns, the organization must also file Form Form 8865. File Form 8865, Return of U.S. Persons With CAUTION 1096, Annual Summary and Transmittal of U.S. Respect To Certain Foreign Partnerships, if the organization: Information Returns. 1. Controlled a foreign partnership (that is, owned more than Form 4466. File Form 4466, Corporation Application for Quick a 50% direct or indirect interest in the partnership); Refund of Overpayment of Estimated Tax, to apply for a quick 2. Owned at least a 10% direct or indirect interest in a refund if the organization overpaid its estimated tax for the year foreign partnership while U.S. persons controlled that by at least 10% of its expected income tax liability and at least partnership; $500. 3. Had an acquisition, disposition, or change in proportional Form 5498. File Form 5498, IRA Contribution Information, to interest in a foreign partnership that: report contributions (including rollover contributions) to any IRA, a. Increased its direct interest to at least 10% or reduced its including a SEP, SIMPLE, or Roth IRA, and to report Roth IRA direct interest of at least 10% to less than 10%; conversions, IRA s, and the fair market value (FMV) of the account. b. Changed its direct interest by at least a 10% interest; or 4. Contributed property to a foreign partnership in exchange Form 5498-ESA. File Form 5498-ESA, Coverdell ESA for a partnership interest if: Contribution Information, to report contributions (including rollover contributions) to a Coverdell ESA. a. Immediately after the contribution, the organization directly or indirectly owned at least a 10% interest in the foreign Form 5498-SA. File Form 5498-SA, HSA, Archer MSA, or partnership; or Medicare Advantage MSA Information, to report contributions to b. The FMV of the property the organization contributed to an HSA or Archer MSA, and the FMV of an HSA, an Archer the foreign partnership in exchange for a partnership interest, MSA, or a Medicare Advantage MSA. See the Instructions for when added to other contributions of property made to the Forms 1099-SA and 5498-SA. foreign partnership by the organization or a related person Form 5713. File Form 5713, International Boycott Report, if the during the preceding 12-month period, exceeds $100,000. organization had operations in, or related to, certain boycotting countries. Also, the organization may have to file Form 8865 to report certain dispositions by a foreign partnership of property it Form 5884-C. File Form 5884-C, Work Opportunity Credit for previously contributed to that foreign partnership if it was a Qualified Tax-Exempt Organizations Hiring Qualified Veterans, partner at the time of the disposition. See Form 8865 and its to claim the work opportunity credit for qualified first-year wages separate instructions. paid to qualified veterans who begin working for the organization on or after November 22, 2011, and before January 1, 2026. Form 8886. File Form 8886, Reportable Transaction Disclosure Statement, to disclose information for each reportable Form 5884-D. File Form 5884-D, Employee Retention Credit transaction in which the organization participated. Form 8886 for Certain Tax-Exempt Organizations Affected by Qualified must be filed for each tax year that the federal income tax liability Disasters, to claim the employee retention credit against certain of the organization is affected by its participation in the payroll taxes if activities of the organization became inoperable transaction. The organization may have to pay a penalty if it is because of damage from a qualified disaster. See the required to file Form 8886 but doesn’t do so. The following are Instructions for Form 5884-D for more information. reportable transactions. Form 6198. File Form 6198, At-Risk Limitations, if the • Any listed transaction that is the same as, or substantially organization has a loss from an at-risk activity conducted as a similar to, tax avoidance transactions identified by the IRS. trade or business or for the production of income. • Any transaction offered under conditions of confidentiality for which the organization paid an advisor a fee of at least Forms 8275 and 8275-R. Taxpayers and income tax return $250,000. preparers file Form 8275, Disclosure Statement, and Form • Certain transactions for which the organization has 8275-R, Regulation Disclosure Statement, to disclose items or contractual protection against disallowance of the tax benefits. positions taken on a tax return or that are contrary to Treasury • Any transaction resulting in a loss of at least $10 million in any regulations (to avoid parts of the accuracy-related penalty or single year or $20 million in any combination of years. certain preparer penalties). • Certain transactions identified by the IRS in published Form 8300. File Form 8300, Report of Cash Payments Over guidance as a “transaction of interest” (a transaction that the IRS $10,000 Received in a Trade or Business, if the organization Instructions for Form 990-T -5- |
Page 6 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. believes has a potential for tax avoidance or evasion, but hasn’t Form 8995-A. Refer to Form 8995-A. Use this form to figure yet been identified as a listed transaction). your qualified business income deduction. Use separate Form 8886-T. File Form 8886-T, Disclosure by Tax-Exempt Schedules A, B, C, and/or D, as appropriate, to help calculate Entity Regarding Prohibited Tax Shelter Transaction, to disclose the deduction. information with respect to each prohibited tax shelter Form 8997. File Form 8997, Initial and Annual Statement of transaction to which the organization is a party. Qualified Opportunity Fund (QOF) Investments, annually to Penalties. The organization may have to pay a penalty if it is report investments held in a QOF at any time during the year. required to disclose a reportable transaction under section 6011 See the instructions for Form 8997. and fails to properly complete and file Form 8886. The penalty is $50,000 ($200,000 if the reportable transaction is a listed Accounting Methods transaction) for each failure to file Form 8886 with its return or for An accounting method is a practice a taxpayer follows to failure to provide a copy of Form 8886 to the Office of Tax determine the year in which to report revenue and expenses for Shelter Analysis (OTSA). Other penalties, such as an federal income tax purposes. An accounting method includes accuracy-related penalty under section 6662A, may also apply. not only the overall plan of accounting for gross income or See the Instructions for Form 8886 for details. deductions (for example, an accrual method or the cash receipts Form 8899. File Form 8899, Notice of Income From Donated and disbursement method), but also the treatment of an item Intellectual Property, to report income from qualified intellectual used in such overall plan. However, a practice that does not property. affect the timing for reporting an item of income or deduction for purposes of determining taxable income is not an accounting Form 8925. File Form 8925, Report of Employer-Owned Life method. A taxpayer, including a tax-exempt entity, adopts any Insurance Contracts, which must be filed by every applicable permissible accounting method in the first year in which it uses policyholder owning one or more employer-owned life insurance the method in determining its taxable income. See Rev. Proc. contracts issued after August 17, 2006. 2015-13, 2015-5 I.R.B. 419. Form 8975. Certain U.S. persons that are the ultimate parent An exempt organization may adopt an accounting entity of a U.S. multinational enterprise group with annual ! method not only for purposes of calculating taxable revenue for the preceding reporting period of $850 million or CAUTION income, but also for purposes of determining whether more are required to file Form 8975. Form 8975 and its taxable income will be subject to federal income tax. For Schedules A (Form 8975) must be filed with the income tax example, a tax-exempt entity may adopt an accounting method return of the ultimate parent entity of a U.S. multinational for an item of income from an unrelated trade or business activity enterprise group for the tax year in or within which the reporting even if the gross income from the activity is less than $1,000 and period covered by Form 8975 ends. For more information, see is therefore not taxed for federal income tax purposes pursuant Form 8975, Schedule A (Form 8975), and the Instructions for to Regulations section 1.6012-2(e). Form 8975 and Schedule A (Form 8975). Form 8978. File Form 8978, Partner's Additional Reporting An accounting method for an item of income or deduction may Year Tax, to report adjustments shown on Form 8986, Partner's generally be adopted separately for each of the taxpayer’s Share of Adjustment(s) to Partnership-Related Items, received trades or businesses. However, in order to be permissible, an from a partnership that has elected to push out adjustments to accounting method must clearly reflect the taxpayer’s income. partnership-related items to their partners. Unless instructed otherwise, the organization should generally use the same accounting method on the Form 990-T and all Form 8990. File Form 8990, Limitation on Business Interest schedules to report revenue and expenses that it regularly uses Expense Under Section 163(j), to claim a deduction for business to keep its books and records. interest unless the taxpayer meets certain specified exceptions. Also, Form 8990 must be filed by any taxpayer that owns an Accounting method change. Once a taxpayer, including a interest in a partnership with current-year or prior-year carryover tax-exempt entity, adopts an accounting method for federal excess business interest expense allocated from the income tax purposes, the taxpayer must generally request the partnership. IRS’s consent before it can change its accounting method (even if the year in which the taxpayer seeks to make the change is a Form 8991. File Form 8991, Tax on Base Erosion Payments of year in which it generates only tax-exempt income or is Taxpayers With Substantial Gross Receipts, for any corporation, otherwise not taxed on its taxable income). In most cases, a other than a RIC, a REIT, or an S corporation, that has taxpayer requests consent to change an accounting method by aggregate gross receipts of at least $500 million in 1 or more of filing Form 3115, Application for Change in Accounting Method. the 3 preceding tax years ending with the preceding tax year.” See Rev. Proc. 2015-13, or any successor, for general Form 8993. File Form 8993, Section 250 Deduction for procedures for obtaining consent to change an accounting Foreign-Derived Intangible Income (FDII) and Global Intangible method. See the Instructions for Form 3115 and Pub. 538 for Low-Taxed Income (GILTI), for the allowance of a deduction for more information and exceptions. See Rev. Proc. 2021-34 for the eligible percentage of FDII. The deduction is allowed only to additional procedures that may apply for obtaining automatic domestic corporations (not including REITs, RICs, and S consent to change methods of accounting for revenue corporations). recognition and certain other methods of accounting that may affect the accounting for revenue recognition. Also see Rev. Form 8994. File Form 8994, Employer Credit for Paid Family Proc. 2022-09 for additional procedures that may apply for and Medical Leave, to figure the employer credit for paid leave. obtaining automatic consent to change certain methods of Form 8995. Refer to Form 8995, Qualified Business Income accounting related to small businesses. Deduction Simplified Computation, if you are a trust filing Form Depending on the specific accounting method change being 990-T and have unrelated business income, to determine if you requested, the taxpayer may be able to request automatic have qualified business income (QBI) and may be allowed a QBI consent. This means that as long as the taxpayer follows the deduction under section 199A. See the instructions for Form applicable procedures, the taxpayer does not have to wait for 8995, Part I, line 9. formal approval by the IRS before applying the new accounting method available at Rev. Proc. 2022-14, for the List of Automatic Changes for 2022; as modified by Rev. Proc. 2022-23; 2022-18 -6- Instructions for Form 990-T |
Page 7 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. I.R.B. 1052, available at Rev. Proc. 2022-23, providing guidance Adopt, Change, or Retain a Tax Year. For details on which allowing late elections under sections 168(j)(8) and 168(l)(3)(D), procedure applies to your organization, see Rev. Proc. 85-58, and also providing guidance allowing a late election under 1985-2 C.B. 740, and the Instructions for Form 1128. section 181(a)(1), for a list of accounting method changes that may qualify for automatic consent. For the short-period return, figure the tax by placing the For example, a tax-exempt entity that has adopted an organization's taxable income on an annual basis. If the accounting method for an item of income from an unrelated organization changes its accounting period, file Form 990-T for trade or business must generally request consent before it can the short period that begins with the first day after the end of the change its method of accounting for that item in any subsequent old tax year and ends on the day before the first day of the new year. This is true regardless of whether gross income from the tax year. For details, see section 443. unrelated trade or business is $1,000 or more in such subsequent year. Reporting 990-T Information on Other Returns Alternatively, if a taxpayer, including a tax-exempt entity, has not yet adopted an accounting method for an item of income or Your organization may be required to file an annual information deduction, a change in how the entity reports the item isn’t a return on: change in accounting method. In this case, the procedures • Form 990, Return of Organization Exempt From Income Tax; applicable to requests for accounting method changes (the • Form 990-EZ, Short Form Return of Organization Exempt requirement to file Form 3115) aren’t applicable. See Rev. Proc. From Income Tax; 2015-13 for the definition of what constitutes an accounting • Form 990-PF, Return of Private Foundation or Section method change. 4947(a)(1) Nonexempt Charitable Trust Treated as a Private Thus, a tax-exempt entity that has never taken into account Foundation; or an item of income or deduction in determining taxable income • Form 5500, Annual Return/Report of Employee Benefit Plan. does not have to request consent to change its method of reporting that item on its Form 990-T. Additionally, a tax-exempt If so, include on that information return the unrelated business entity that has never been subject to federal income tax on an gross income and expenses (but not including the specific item of income or deduction, but that is required to file a Form deduction claimed on Part I, line 8, or any expense carryovers 990-T solely due to owing a section 6033(e)(2) proxy tax, does from prior years) reported on Form 990-T for the same tax year. not have to request consent to change its method for reporting the item. Rounding Off to Whole Dollars Adjustments required when changing an accounting method. A taxpayer, including a tax-exempt entity, that changes its accounting method must generally calculate and You may round off cents to whole dollars on the organization’s report an adjustment to ensure that no portion of the item being return and schedules. If you do round to whole dollars, you must changed is permanently omitted or duplicated (see section round all amounts. To round, drop amounts under 50 cents and 481(a)). However, depending on the specific method change, increase amounts from 50 to 99 cents to the next dollar. For the IRS may provide that an adjustment isn’t required or example, $1.39 becomes $1 and $2.50 becomes $3. If you have permitted. 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 Generally, a taxpayer, including a tax-exempt entity, will the total. If you are entering amounts that include cents, make ! recognize a positive section 481(a) adjustment (that is, sure to include the decimal point. There is no cents column on CAUTION an increase to income) ratably over 4 tax years and will the form. recognize a negative section 481(a) adjustment in full in the year of change. See Rev. Proc. 2015-13, or its successor. Public Inspection Requirements of Section 501(c) An organization may elect a 1-year adjustment period for a (3) Organizations positive section 481(a) adjustment that is less than $50,000. See the Instructions for Form 3115 for more information and the Under section 6104(d), a section 501(c)(3) organization that files requirements to make this election. Form 990-T must make its entire annual exempt organization Include any positive section 481(a) adjustment on business income tax return (including amended returns) Schedule A (Form 990-T), Part I, line 12 (Other income). If the available for public inspection. See Appendix C. Public section 481(a) adjustment is negative, report it as a deduction on Inspection of Form 990-T Returns Filed by Section 501(c)(3) Schedule A (Form 990-T), Part II, line 14 (Other deductions). Organization, later. The section 481(a) adjustment should not be reported on Form 990-T as a negative number. However, as discussed above, if a tax-exempt entity has not Specific Instructions yet adopted an accounting method for an item, a change in how the entity reports the item for purposes of filing the Form 990-T is Period Covered not a change in accounting method. In this case, an adjustment File the 2022 form for calendar year 2022 or a fiscal year under section 481(a) isn’t required or permitted. beginning in 2022 and ending in 2023. For a fiscal year, fill in the tax year information at the top of the form. Accounting Period The 2022 Form 990-T may also be used if: • The organization has a tax year of less than 12 months that The return must be filed using the organization's established begins and ends in 2023, and annual accounting period. If the organization has no established The 2023 Form 990-T isn't available at the time the • accounting period, file the return on the calendar-year basis. organization is required to file its return. The organization must show its 2023 tax year on the 2022 Form 990-T and take into To change an accounting period, some organizations may account any tax law changes that are effective for tax years make a notation on a timely filed Form 990, 990-EZ, 990-PF, or beginning after 2022. 990-T. Others may be required to file Form 1128, Application To Instructions for Form 990-T -7- |
Page 8 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Name and Address Item D. An employees' trust described in section 401(a) and The name and address on Form 990-T should be the same as exempt under section 501(a) should enter its own trust the name and address shown on other Forms 990. identification number in this block. Include the suite, room, or other unit number after the street An IRA trust enters its own EIN in this block. An IRA trust address. If the Post Office doesn’t deliver mail to the street never enters a social security number (SSN) or the trustee's EIN. address and the organization has a P.O. box, show the box An EIN may be applied for in one of the following ways. number instead of the street address. • Online go to IRS.gov/EIN. The EIN is issued immediately once the application information is validated. If the organization receives its mail in care of a third party • By mailing or faxing Form SS-4, Application for Employer (such as an accountant or an attorney), enter on the street Identification Number. address line “C/O” followed by the third party's name and street address or P.O. box. Note. Only organizations located in the United States or U.S. Change of name. If the organization has changed its possessions can use the online application. Foreign organizations must use one of the other methods to apply for an ! name, it must check the box next to “Name of EIN in one of the following ways. CAUTION organization” and also provide the following when filing this return, if it is: Item E. If the organization is covered by a group exemption, • A corporation, is incorporated with the state or limited liability enter the group exemption number. company treated as a corporation for tax purposes (that is, not a Item F. Check this box if the organization previously filed a disregarded entity)—an amendment to the articles of Form 990-T return with the IRS for a tax year and is now filing incorporation or articles of organization along with proof of filing another return for the same tax year to amend the previously with the state; filed return. Also, see Amended return, earlier, for information • A trust—an amendment to the trust agreement with the you must include in an amended return. trustee(s) signature; or • An association, or an unincorporated association—an Item G. Check the box that describes your organization. amendment to the articles of association, constitution, by-laws, “Other trust” includes IRAs, SEPs, SIMPLEs, Roth IRAs, or other organizing document with signatures of at least two Coverdell ESAs, and Archer MSAs. officers/members. Section 529 organizations check the 501(c) corporation or 501(c) trust box depending on whether the organization is a Items A Through L corporation or a trust. Also, the box for 529(a) in item B must be checked. Item A. If the organization has changed its address since it last filed a return, check item A. Compute your tax in Part II on the appropriate line. If you check 501(c) corporation, you must compute your tax on If a change in address occurs after the return is filed, use CAUTION! Part II, line 2, and leave line 2 blank. If you check 501(c) TIP Form 8822-B, Change of Address or Responsible trust, 401(a) trust, or Other trust, you must compute your tax on Party — Business, to notify the IRS of the new address. Part II, line 2, and leave line 1 blank. Item B. Check the box under which the organization receives its Item H. Check if filing Form 990-T only to claim a credit from tax exemption. Form 8941 or to claim a refund shown on Form 2439. Qualified pension, profit-sharing, and stock bonus plans Item I. Check if you are a 501(c)(3) organization filing a should check the 501 box and enter “a” between the first set of consolidated return with a 501(c)(2) title holding corporation. parentheses. Do not make an entry in the space between the See Consolidated returns, earlier, for additional information. second parentheses. For other organizations exempt under section 501, check the Item J. Enter the total number of Schedules A attached to Form box for 501 and enter the section that describes their tax-exempt 990-T. An organization with one or more unrelated trades or status, for example, 501(c)(3). businesses will complete a separate Schedule A for each unrelated trade or business. For tax-exempt organizations that don't receive their exemption under section 501, use the following guide. Complete all needed Schedules A before completing TIP Parts I through V of Form 990-T. IF you are a THEN check this box IRA, SEP, or SIMPLE 408(e). Item K. Check “Yes” box if your organization is a corporation and either (1) or (2) below applies. Roth IRA 408A. 1. The corporation is a subsidiary in an affiliated group Archer MSA 220(e). (defined in section 1504) but isn't filing a consolidated return for Coverdell ESA 530(a). the tax year with that group. Qualified State Tuition Program 529(a). 2. The corporation is a subsidiary in a parent-subsidiary Qualified ABLE Program 529A. controlled group (defined in section 1563). Excluded member. If the corporation is an "excluded member" of a controlled group (see section 1563(b)(2)), it is still A public college or university that has not obtained considered a member of a controlled group for purposes of item recognition of exemption under section 501(c)(3) should not K. check any box in item B. Item L. Enter the name and address of the person who has the Item C. Enter the total of the end-of-year assets from the organization's books and records and the telephone number at organization's books of account. which they can be reached. -8- Instructions for Form 990-T |
Page 9 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Part I. Total Unrelated Business Section 199A Deduction For trust filers only. If you are a trust filing Form 990-T and Taxable Income have unrelated business income, you may have Qualified Business Income (QBI) and may be allowed a QBI deduction Total of Unrelated Business Taxable Income under section 199A. Computed From All Unrelated Trades or Refer to the instructions for Form 8995, or Form 8995-A, (as Businesses applicable) to determine whether you meet the requirements for the QBI deduction and how to complete the applicable form. Line 1. Enter the sum of the positive amounts from all Schedules A (Form 990-T), Part II, line 18. Don’t include any Line 9. For purposes of calculating the QBI deduction, the amount from Schedule A (Form 990-T), Part II, line 18, that is taxable income before the QBI deduction is the amount reported less than zero in the computation of total unrelated trade or on Part I, line 7, minus the amount reported on Part I, line 8. business income reported on Part I, line 1. Note. For tax years beginning after 2017, the organization Line 2. Reserved. Do not enter any amount on this line. determines the unrelated business income separately for each unrelated trade or business, and the income for an unrelated Charitable Contributions trade or business can’t be less than zero. Since a loss from an unrelated trade or business isn’t included in the UBTI for the tax Line 4. Enter contributions or gifts actually paid within the tax year due to application of section 512(a)(6), when calculating year to or for the use of charitable and governmental QBI, omit items of income, gain, deduction, and loss from any organizations described in section 170(c). Also, enter any unrelated trade or business that operated at a loss. A loss from unused contributions carried over from earlier years. The an unrelated trade or business will be carried forward to future deduction for contributions will be allowed whether or not directly years when the trust has income (or gain that is subject to connected with the conduct of a trade or business. See unrelated business income tax) from the same unrelated trade or Appendix B. Charitable Contribution Deduction, later. business and will be used in those years in calculating the QBI. Additionally, W-2 wages and unadjusted basis immediately after Deduction for Net Operating Loss Arising in Tax the acquisition (UBIA) of qualified property from an unrelated Years Beginning Before 2018 trade or business that operated at a loss for the current tax year aren’t used in calculating the limitation on QBI for taxpayers over Line 6. Enter the smaller of (a) the amount of NOL arising in tax the threshold. years beginning before January 1, 2018, or (b) the amount shown on Part I, line 1. Part II. Tax Computation Specific Deduction Organizations Taxable as Corporations Line 1. Multiply Part I, line 11, by 21% (0.21). Line 8. A specific deduction of $1,000 is allowed except for computing the NOL and the net operating loss deduction under Trusts section 172. Only one specific deduction may be taken, regardless of the Line 2. Trusts exempt under section 501(a), which otherwise number of unrelated businesses conducted. However, a would be subject to subchapter J (estates, trusts, etc.), are taxed diocese, province of a religious order, or convention or at trust rates. This rule also applies to employees' trusts that association of churches is allowed one specific deduction for qualify under section 401(a). Most trusts figure the tax on the each parish, individual church, district, or other local unit that UBTI amount on Part I, line 11, using the Tax Rate Schedule for regularly conducts an unrelated trade or business. This applies Trusts, below. If the tax rate schedule is used, enter the tax on only to those parishes, districts, or other local units that aren't Part II, line 2, and check the “Tax rate schedule” box. If the trust separate legal entities but are components of a larger entity is eligible for the rates on net capital gains and qualified (diocese, province, convention, or association). Each specific dividends, complete Schedule D (Form 1041) and enter on Part deduction will be the smaller of $1,000 or the gross income from II, line 2, the tax from Schedule D (Form 1041). Check the any unrelated trade or business the local unit conducts. If you “Schedule D” box on line 2 and attach Schedule D (Form 1041) claim a total specific deduction larger than $1,000, attach a to Form 990-T. statement showing how you figured the amount. The attached A trust with more than one unrelated trade or business statement should include the name of each local unit, its gross ! that computes its tax on Schedule D (Form 1041) may unrelated business income, and its allowable specific deduction CAUTION need to adjust the amount entered on Schedule D (Form (which can’t exceed the smaller of $1,000 or the local unit’s 1041), Part V, line 22, to include only the net gain from gross unrelated business income). Schedule D (Form 1041), line 18a (column 2), or line 19 (column The diocese, province of a religious order, or convention or 2), that is included in income on Part I of Form 990-T. association of churches must file a return reporting the gross income and deductions of all its units that aren't separate legal Tax Rate Schedule for Trusts entities. These local units can’t file separate returns because If the amount on Part II, line 2, is: they aren't separately incorporated. Local units that are Of the amount separately incorporated must file their own returns and can’t be Over— But not over— Tax is: over— included with any other entity except for a title holding company. $0 $2,750 10% $0 See Consolidated Returns, earlier. 2,750 9,850 $275 + 24% 2,750 For details on the specific deduction, see section 512(b)(12) 9,850 13,450 1,979 + 35% 9,850 13,450 - - - - - 3,239 + 37% 13,450 and the related regulations. Instructions for Form 990-T -9- |
Page 10 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Proxy Tax Alternative Minimum Tax (Trusts Only) Line 3. To pay the section 6033(e)(2) proxy tax on Line 5. Only trusts liable for tax on UBTI may be liable for the nondeductible lobbying and political expenditures, enter the alternative minimum tax on certain adjustments and tax proxy tax on Part II, line 3, and attach a statement showing the preference items. computation. Trusts attach Schedule I (Form 1041), Alternative Minimum Exempt organizations, except section 501(c)(3) and certain Tax—Estates and Trusts, and enter any tax from Schedule I on other organizations, must include certain information regarding this line. lobbying expenditures on Form 990. In addition, organizations may have to provide notices to members regarding their share of Tax on Noncompliant Facility Income dues to which the expenditures are allocable. See the Instructions for Form 990 and Rev. Proc. 98-19, 1998-1 C.B. Line 6. There is a tax on a hospital organization’s noncompliant 547, for exceptions. facility income. See Regulations section 1.501(r)-2 for more information. This tax is an income tax and is separate from the If the organization elects not to provide the notices described excise tax on a failure to meet the community health needs earlier, it must pay the proxy tax described in section 6033(e)(2). assessment requirements of section 501(r)(3) that is reported on If the organization doesn’t include the entire amount of allocable Form 4720. dues in the notices, it may have to pay the proxy tax. This tax isn't applicable to section 501(c)(3) organizations. Figure the Total proxy tax by multiplying the aggregate amount not included in the notices described earlier by 21%. No deductions are Line 7. Add Part II, lines 3, 4, 5, and 6, to Part II, line 1 or 2, allowed. whichever applies. Other Tax Amounts Part III. Tax and Payments Line 4. Part II, line 4, is intended to capture any positive tax Foreign Tax Credit amount that doesn’t have a specific line. An MeF (Internet filing) dependency (attachment) captures the detail. Use line 4 to • Corporations. See Form 1118, Foreign Tax report tax amounts not reported on a specific line in Part II Credit—Corporations, for an explanation of when a corporation (excluding tax deferred under section 1294, which is included on can claim this credit for payment of income tax to a foreign Part III, line 4). country or U.S. possession. • Use this line to report the base erosion minimum tax amount • Trusts. See Form 1116, Foreign Tax Credit (Individual, under section 59A from Form 8991, Part IV, line 5e. Section 59A Estate, or Trust), for rules on how the trust computes the foreign applies to base erosion payments paid or accrued in tax years tax credit. beginning after 2017. See the Instructions for Form 8991 to Line 1a. Complete the form that applies to the organization and determine if the organization is an applicable taxpayer under attach the form to Form 990-T. Enter the credit on this line. section 59A(e), and, if the organization is an applicable taxpayer, to determine the base erosion minimum tax amount. Enter the Other Credits base erosion minimum tax amount on Part II, line 4. • Use this line to report the tax and interest on a nonqualified Line 1b. Use line 1b to enter nonrefundable credits not withdrawal from a capital construction fund (section 7518). identified elsewhere in Part III, line 1. Attach a statement that • Use this line to report the deferred tax amount (defined in lists the applicable form and the amount of the credit. Such section 1291(c)(1)) that is the aggregate increase in taxes credits may include the following. (described in section 1291(c)(2)) on an excess distribution from • Any QEV passive activity credits from prior years allowed for a passive foreign investment company (PFIC) that is taxable as the current tax year from Form 8834, Qualified Electric Vehicle UBTI. See the Instructions for Form 8621, Information Return by Credit, line 7. Attach Form 8834. a Shareholder of a Passive Foreign Investment Company or • The allowable credits from Form 8912, Credit to Holders of Qualified Electing Fund. Tax Credit Bonds, line 12. • Use this line to report the increase in tax attributable to a • If your organization received Form 8986 from one or more partner's audit liability. If your organization received Form 8986 partnerships that have elected to push out adjustments to from one or more partnerships that have elected to push out partnership-related items to their partners, complete and attach adjustments to partnership-related items to their partners, Form 8978. See the Instructions for Form 8978. Enter the complete and attach Form 8978. See the Instructions for Form amount of any decrease in taxes due from Form 8978, line 14. 8978. Include any increase in taxes due from Form 8978, line 14, on Part II, line 4. If Form 8978 shows a decrease in tax, General Business Credit do not report that here. Instead, a negative adjustment should be Line 1c. Enter the organization's total general business credit reported in Part III on line 1b. (excluding the work opportunity credit, the employee retention Unless otherwise indicated, when reporting deferred tax on credit, the empowerment zone employment credit, the Indian line 4, don't include interest on the tax amount. Instead, report employment credit, and the credit for employer differential wage such interest as an “other amount due” on Part III, line 3. For payments). Additionally, in some cases, certain general example, interest on tax deferred under section 1291(c)(1), business credits should not be claimed if the seller of the determined under section 1291(c)(3) is reported on Part III, property discloses to the organization that the seller intends to line 3. claim the credit and discloses the tentative amount of the credit. These include the QEV credit, the alternative motor vehicle How to report. Attach a statement to Part II, line 4, showing (a) credit, the alternative fuel vehicle refueling property credit, and a brief description of the type of tax, and (b) the amount. For the qualified plug-in electric drive motor vehicle credit. example, if the organization is reporting $100 of tax due from an increase in tax attributable to a partner's audit liability (Form The organization is required to file Form 3800, General 8978), the attachment would show “Form 8978” and “$100.” Business Credit, to claim any business credit. For a list of credits, see Form 3800. Include the allowable credit from Form 3800, Part II, line 38, on Form 990-T, Part III, line 1c. -10- Instructions for Form 990-T |
Page 11 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. An organization described in section 501(c) which is fund (QEF) in the amount entered on Part III, line 4. See Form ! exempt from tax under section 501(a) should not use 8621, Part VI, and How to report, later. CAUTION Form 3800 to claim the refundable small employer tax Subtract from the total entered on Part III, line 4, any deferred credit for certain health insurance premiums paid on behalf of its tax on the corporation's share of undistributed earnings of a employees. See the instructions for Part III, line 6f. QEF. See Form 8621, Part III). How to report. Attach a statement showing the computation Credit for Prior-Year Minimum Tax of each item included in, or subtracted from, the total on Part III, line 4. Specify (a) the applicable Code section, (b) the type of Line 1d. Use Form 8801 to figure the minimum tax credit and tax, and (c) the amount of tax. any carryforwards of that credit for trusts. For corporations, use Form 8827. Line 5. Total Credits Section 965 Line 1e. Add lines 1a through 1d. Corporation. For tax years 2021 and later, a corporation will not have any section 965(a) inclusions to report. If the Line 3. Other Amounts Due organization elected to pay its section 965 net tax liability in Recapture of investment credit. If property is disposed of installments, the organization should attach Form 965-B to Form or ceases to be qualified property before the end of the 990-T. However, the current-year installment should be paid with recapture period, there may be a recapture of the credit. See a separate voucher (which will be mailed to the organization in Form 4255, Recapture of Investment Credit. advance of the payment due date). Don’t include the Recapture of low-income housing credit. If the current-year installment in the Tax and Payments computation in organization disposed of the building or an interest therein (or Part III. there was a reduction in the basis of the credit), it may owe a tax. Trust. A trust that has "net 965 tax liability" for the current tax See Form 8611, Recapture of Low-Income Housing Credit, and year (as described in the Instructions for Form 965-A) should section 42(j) for details. enter on line 5 the amount from the current year line on Form Interest due under the look-back method. If the 965-A, Part II, column (k). If the trust has no net 965 tax liability organization used the look-back method for certain long-term for the current tax year, but has elected to pay its section 965 net contracts, see Form 8697 for information on figuring the interest tax liability in installments, the trust should attach Form 965-A to the organization may have to include. The organization may also Form 990-T, but should not include the current-year installment have to include interest due under the look-back method for in the Tax and Payments computation in Part III (as described property depreciated under the income forecast method. See above for corporations). Form 8866, Interest Computation Under the Look-Back Method for Property Depreciated Under the Income Forecast Method. Estimated Tax Payments Other. Additional amounts due may be included in the total Line 6b. Enter the total estimated tax payments made for the entered on Part III, line 3. Check the box for “Other” if the tax year. organization includes any of the items discussed. See How to If an organization is the beneficiary of a trust, and the trust report below for details on reporting these amounts on an makes a section 643(g) election to credit its estimated tax attached statement. payments to its beneficiaries, include the organization's share of • Interest on deferred tax attributable to installment sales of the estimated tax payments in the total amount entered here. certain time-shares and residential lots (section 453(l)(3)) and Attach a statement showing the amount of the section 643(g) certain nondealer installment obligations (section 453A(c)). credit amount. • Interest due on deferred gain (section 1260(b)). • If the organization makes the election to be taxed on its Foreign Organizations income from qualifying shipping activities, complete Form 8902, Alternative Tax on Qualifying Shipping Activities, and attach it to Line 6d. Enter the tax withheld on UBTI from U.S. sources that Form 990-T. See Income from qualifying shipping activities, isn't effectively connected with the conduct of a trade or later. business within the United States. Attach Form 1042-S, Foreign • Alternative minimum tax. Applicable corporations filing a Person's U.S. Source Income Subject to Withholding, or another return for a short tax year that begins in 2023 and ends in 2023, form which verifies the withheld tax reported on Part III, line 6d. include on Part III, line 3 any corporate AMT imposed under section 55 by the Inflation Reduction Act of 2022. On the dotted Backup Withholding line next to Part III, line 3 enter “CAMT” and the AMT amount. Attach a detailed statement showing the computation of the Line 6e. Recipients of dividend or interest payments must AMT. Include a computation of adjusted financial statement generally certify their correct tax identification number to the income. Label the statement “CAMT”. bank or other payer on Form W-9. If the payer doesn’t get this information, it must withhold part of the payments as “backup How to report. If the organization checked the “Other” box, withholding.” If your organization was subject to erroneous attach a statement showing the computation of each item backup withholding because the payer didn’t realize you were an included in the total for Part III, line 3. In addition, identify (a) the exempt organization and not subject to this withholding, you can applicable Code section or form number, (b) the type of tax or claim credit for the amount withheld by including it on Part III, 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 Total Tax Premiums Line 4. Include any deferred tax on the termination of a section Line 6f. An organization described in section 501(c) which is 1294 election applicable to shareholders in a qualified electing exempt from tax under section 501(a) may be eligible to claim the refundable small employer tax credit for a percentage of Instructions for Form 990-T -11- |
Page 12 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. certain health insurance premiums paid on behalf of its the penalty, you must complete and attach Form 2220 if either of employees. the following applies. A tax-exempt eligible small employer can request the • The annualized income or adjusted seasonal installment refundable credit by attaching Form 8941, Credit for Small method is used. Employer Health Insurance Premiums, showing the calculation • The organization is a “large organization” computing its first for the amount of the refundable credit claimed. A tax-exempt required installment based on the prior year's tax. organization is eligible for the refundable credit if it is an If you attach Form 2220, check the box on Form 990-T, Part organization that is described in section 501(c) which is exempt III, line 8, and enter the amount of any penalty on this line. from tax under section 501(a). The organization must keep records to substantiate the amount of the credit claimed. Tax Due If a tax-exempt eligible small employer is filing Form Line 9. You must pay the tax in full when the return is filed. You TIP 990-T only to request a credit for small employer health may pay by EFTPS. For more information about EFTPS, see insurance premiums paid, complete the following steps. Electronic Deposit Requirement, earlier. Also, you may pay by 1. Fill in the heading (the area above Part I) except items J credit or debit card. and K. Check the box for “Claim credit from Form 8941” in item To pay by credit or debit card. For information on paying H . your taxes electronically, including by credit or debit card, go to 2. Enter -0- on Part I, line 11, and Part III, line 4. IRS.gov/E-pay. 3. Enter the credit from Form 8941, line 20, on Part III, Part IV. Statements Regarding Certain line 6f. 4. Complete Part III, lines 7, 10, and 11, and the signature Activities and Other Information area. Complete all lines in Part IV. Line 1. Check “Yes” if either item (1) or (2) below applies. Other Credits and Payments 1. At any time during the year the organization had an Line 6g. Check the appropriate box(es) and enter the following. interest in or signature or other authority over a financial account • From Form 2439, Credit for Federal Excise Tax Paid on Fuels, in a foreign country (such as a bank account, securities account, the credit from a RIC or a REIT. Also, attach Form 2439. If you or other financial account); and are filing a composite Form 990-T, see Composite Form 990-T a. The combined value of the accounts was more than under Which Parts To Complete, earlier. $10,000 at any time during the year; and • From Form 4136, the credit for federal tax paid on fuels. Also, attach Form 4136, if the organization qualifies to claim this b. The accounts were not with a U.S. military banking facility credit. operated by a U.S. financial institution. For other credits, check the “Other” box and provide the 2. The organization owns more than 50% of the stock in any following information: corporation that would answer “Yes” to item (1). • The number of the form used to calculate the credit, or the If the “Yes” box is checked, write the name of the foreign code section that establishes the credit, country or countries. If the list of foreign country names will not fit • A brief description of the credit, and in the available space, continue the list in Part V, Supplemental • The amount of the credit. Information. If necessary, provide information required to claim a specific Get FinCEN Form 114, Report of Foreign Bank and Financial credit in Part V, Supplemental Information. Accounts (FBAR), to see if the organization is considered to Other credits may include the following. have an interest in or signature or other authority over a financial • The credit for ozone-depleting chemicals. Include any credit account in a foreign country (such as a bank account, securities the organization is claiming under section 4682(g) for taxes paid account, or other financial account). If the organization is on chemicals used as propellants in metered-dose inhalers. required to file this form, file FinCEN Form 114 electronically with • The amount of current year net section 965 tax liability. For a the Department of the Treasury using FinCEN's BSA E-Filing trust, this amount will be from Form 965-A, Part I, column (d), System. Because FinCEN Form 114 isn't a tax form, don't file it line 4. with Form 990-T. See FinCEN for more information. Note: Do not use Part III, line 6g to claim a refund of federal tax withheld and shown on Form 1099. Claims for refund of backup Line 2. The organization may be required to file Form 3520, withholding should be shown on Part III, line 6e. Annual Return To Report Transactions With Foreign Trusts and After entering these amounts in the appropriate spaces, add Receipt of Certain Foreign Gifts, if either of the following applies. them all together and enter the total on Part III, line 6g. • It directly or indirectly transferred money or property to a foreign trust. For this purpose, any U.S. person who created a Form 8849, Claim for Refund of Excise Taxes, may be foreign trust is considered a transferor. TIP used to claim a periodic refund of excise taxes instead of • It is treated as the owner of any part of the assets of a foreign waiting to claim a credit on Form 4136. See the trust under the grantor trust rules. Instructions for Form 8849 and Pub. 510, Excise Taxes . 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 received as a shareholder in a mutual fund or other RIC. -12- Instructions for Form 990-T |
Page 13 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 4. Use line 4 to show the amount of the NOL carryover to • A manually signed copy (of the letter submitted to the IRS with the tax year from tax years prior to 2018 (“pre-2018 NOL”), even the returns and a record of any arithmetic errors corrected) must if some of the loss is used to offset income on this return. The be retained on behalf of the IRA trusts listed in the letter and it amount to enter is the total of all pre-2018 NOLs generated in must be available for inspection by the IRS. any year prior to 2018, and not used to offset income (either as a Paid preparer. If an officer of the organization filled in its return, carryback or carryover) to a tax year prior to 2022. Do not reduce the paid preparer's space should remain blank. Anyone who the amount by any NOL deduction reported on Part I, line 6. prepares the return but doesn’t charge the organization should Line 5. Use the table in line 5 to show the amount of each NOL not sign the return. Certain others who prepare the return should carryover from tax years after 2017 that is attributable to each not sign. For example, a regular, full-time employee of the separate trade or business conducted at any time after 2017 organization, such as a clerk, secretary, etc., should not sign. (“siloed post-2017 NOL”) to the tax year. Include the NOL for Generally, anyone who is paid to prepare the organization's each separate trade or business conducted after 2017, even if a tax return must sign it and fill in the Paid Preparer Use Only area. Schedule A for any one or more specific trades or businesses The paid preparer must complete the required preparer isn’t included with this return for this tax year. Report the full information and do the following. amount of the available NOL for each separate trade or • Sign the return in the space provided for the preparer's business, even if some of the loss is used to offset income signature. reported on a Schedule A filed for that separate trade or • Give a copy of the return to the organization. business on this return. In the first column under line 5, identify the business activity Note. A paid preparer may sign original returns, amended code to which each NOL relates. In the second column, enter returns, or requests for filing extensions by rubber stamp, the total amount of each siloed post-2017 NOL generated in any mechanical device, or computer software program. Also, prior year after 2017 and not used to offset income (either as a facsimile signatures are authorized. carryback or carryover) to a tax year prior to 2022. Don’t reduce Paid preparer authorization. If the organization wants to allow the amount by any NOL deduction reported on Schedule A, Part the IRS to discuss this tax return with the paid preparer who II, line 17. See Separate Trades or Businesses, later, for signed it, check the “Yes” box in the signature area of the return. information about changing the business activity code This authorization applies only to the individual whose signature associated with a particular trade or business, and the effect of appears in the Paid Preparer Use Only section of its return. It such a change on NOLs. doesn’t apply to the firm, if any, shown in that section. Line 6. Generally, the organization must file Form 3115 to If the “Yes” box is checked, the organization is authorizing the change its accounting method. An exception applies where a IRS to call the paid preparer to: section 501(c) organization changes its accounting method to • Give the IRS any information that is missing from its return; comply with the Financial Accounting Standards Board (FASB) • Call the IRS for information about the processing of its return Accounting Standards Codification 958, Not-for-Profit Entities or the status of its refund or payment(s); and (ASC 958). See Notice 96-30, 1996-1 C.B. 378. See Accounting • Respond to certain IRS notices that the organization has Methods, earlier. shared with the preparer about a math error, offsets, and return preparation. The notices won't be sent to the preparer. Part V. Supplemental Information The organization isn't authorizing the paid preparer to receive Use Part V to provide the IRS with narrative information required any refund check, bind the organization to anything (including for responses to specific questions on Form 990-T, and to any additional tax liability), or otherwise represent the explain the organization’s operations or responses to various organization before the IRS. If the organization wants to expand questions. the paid preparer's authorization, see Pub. 947, Practice Before the IRS and Power of Attorney. Signature The authorization can’t be revoked. However, the Corporations. The return must be signed and dated by the authorization will automatically end no later than the due date president, vice president, treasurer, assistant treasurer, or chief (excluding extensions) for filing next year's Form 990-T. accounting officer, or by any other corporate officer (such as a tax officer) authorized to sign. Receivers, trustees, or assignees Enter the paid preparer’s Preparer Tax Identification must also sign and date any return filed on behalf of the ! Number (PTIN), not their SSN, in the “PTIN” box in the organization. CAUTION paid preparer’s block. Because Form 990-T is publicly disclosable when filed by a 501(c)(3) organization, any Trusts. The return must be signed and dated by the individual information entered in this block will be publicly disclosed. For fiduciary, or by the authorized officer of the trust receiving or more information about PTINs, go to IRS.gov/Taxpros. having custody or control and management of the income of the trust. If two or more individuals act jointly as fiduciaries, any one of them may sign. General Instructions — Schedule A Special rule for IRA trusts. A trustee of IRA trusts may use a facsimile signature if all of the following conditions are met. (Form 990-T) • Each group of returns sent to the IRS must be accompanied by a letter signed by the person authorized to sign the returns Purpose of the Schedule declaring, under penalties of perjury, that the facsimile signature Complete a separate Schedule A to report income and allowable appearing on the returns is the signature adopted by that person deductions for each separate unrelated trade or business. 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 Instructions for Form 990-T -13- |
Page 14 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. conduct of two or more unrelated trades or businesses or business by the deductions allowed by Chapter 1 that are calculated UBTI by determining its aggregate gross income from directly connected with the carrying on of such trade or all such unrelated trades or businesses and reducing that business. To be “directly connected” with a trade or business, an amount by the aggregate deductions allowed with respect to all item of deduction must have a proximate and primary such unrelated trades or businesses. However, section 512(a) relationship to the carrying on of the unrelated trade or business (6) changed this calculation for exempt organizations with more generating the gross income. See Regulations section than one unrelated trade or businesses so that, in the case of 1.512(a)-1(a). Expenses, depreciation, and similar items any exempt organization with more than one unrelated trade or attributable solely to the conduct of an unrelated trade or business: business are proximately and primarily related to that trade or • UBTI, including for purposes of determining any NOL business and qualify to reduce income from such trade or deduction, shall be computed separately with respect to each business under section 512(a)(1) to the extent such items meet trade or business and without regard to section 512(b)(12) the requirements of section 162 (trade or business expenses), (allowing a specific deduction of $1,000); section167 (depreciation), and other relevant provisions. To the • The UBTI of such exempt organization shall be the sum of the extent that an exempt organization may have items of deduction UBTI so computed with respect to each trade or business, less a that are shared between an exempt activity and an unrelated specific deduction under section 512(b)(12); and trade or business, Regulations section 1.512(a)-1(c) provides • For purposes of section 512(a)(6)(B), UBTI with respect to special rules for allocating such expenses. For example, if any such trade or business shall not be less than zero. facilities are used both to carry on exempt activities and to conduct unrelated trade or business activities, then expenses, Thus, under section 512(a)(6), an exempt organization may depreciation, and similar items attributable to such facilities must not aggregate income and deductions from all unrelated trades be allocated between the two uses on a reasonable basis. See or businesses when calculating UBTI. Regulations section 1.512(a)-1(c). The allocation issues under section 512(a)(1) are also relevant under section 512(a)(6) An organization determines whether it regularly carries on because an exempt organization with more than one unrelated one or more unrelated trades or businesses by applying sections trade or business must not only allocate indirect expenses 511 through 514. Identify each separate trade or business using among exempt and taxable activities, as described in the first two digits of the NAICS two-digit code that most Regulations section 1.512(a)-1(c) but also among separate accurately describes the unrelated trade or business based on unrelated trades or businesses. the more specific NAICS code, such as at the six-digit level. Identify activities in the nature of investments, which aren’t The allocation of expenses, depreciation, and similar items described in NAICS, using the appropriate business activity using an unadjusted gross-to-gross method is not reasonable if code described under Non-NAICS Business Activity Codes, the cost of providing the good or service is substantially the later. same but the price charged differs between related and unrelated activities. An organization will use each NAICS two-digit code only once. For example, a hospital organization that operates several Which Parts To Complete hospital facilities that include pharmacies that sell goods to the general public would include all the pharmacies under the NAICS two-digit code for retail trade, regardless of whether the Complete a separate Schedule A, Parts I and II, for each hospital organization keeps separate books and records for unrelated trade or business. Complete only the lines relevant to each pharmacy. the unrelated trade or business being reported on that Schedule A. Once a two-digit NAICS code or business activity code is Is gross income more than $10,000? If the sum of the used for an unrelated trade or business, you should continue to amounts in all Schedules A (Form 990-T), Part I, line 13, column use that same code in subsequent tax years. If it is necessary to (A), is more than $10,000, you must complete all Parts of each 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 which the activities are reported. The statement should include Is gross income $10,000 or less? If the sum of the amounts in (1) the two-digit NAICS code or business activity code used in all Schedules A (Form 990-T), Part I, line 13, column (A), is the previous tax year; (2) the two-digit NAICS code or business $10,000 or less, complete Schedule A (Form 990-T) and Form activity code used this year and, if filing more than one 990-T as follows. 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, ! transition rule for certain partnership interests. The enter the amount for Part I, line 2, on Part III, line 8. For Part I, CAUTION transition period ended on the first day of the first tax year beginning after December 2, 2020. line 6, 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). -14- Instructions for Form 990-T |
Page 15 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Form 990-T income includes all gross income, other than income derived in the ordinary course of a trade or business, that is attributable to 1. Complete all applicable lines in the heading area. interest, dividends, annuities, and royalties (by contrast, a bank's receipt of interest is in the ordinary course of a trade or business, 2. Complete all applicable lines as needed to determine the as is a securities dealer's receipt of dividends). Portfolio income appropriate tax, applicable credits, and balance due or refund also includes gain or loss from the disposition of property that amount. produces portfolio income or is held for investment (see section 3. Complete the signature area. 163(d)(5)). The rule treating portfolio income as not from a passive activity doesn’t apply to the extent that income, of a type If an entry for a line on Part I or Part II must be made on a generally regarded as portfolio income, is derived in the ordinary ! different Part of Schedule A, complete only the lines in course of a trade or business. For example, the business income CAUTION the Part that reference a specific line on Part I or Part II. of a bank typically is largely interest. Similarly, a securities Leave all other lines in the applicable Part blank. broker/dealer may earn a substantial portion of the income from the business in the form of dividends and gains on sales of Filers with gross income of $10,000 or less, as described dividend-bearing instruments. Interest income may also arise in above, don't have to complete Schedule A, Parts III though X the ordinary course of a trade or business with respect to (except as described above because certain entries must be installment sales and interest charges on accounts receivable. made in those sections to populate lines in Parts I and II). This means that portfolio income may not be reduced by PALs or However, refer to the applicable Parts of Schedule A when passive activity credits. For example, any portfolio income completing Schedule A, Part I, column (A), and in determining earned by a trust described in section 501(a) that is UBTI (such the deductible expenses to include on Schedule A, Part I, as unrelated debt-financed income) may not be offset by PALs line 13, column (B). from an unrelated trade or business. Section 469(k) provides that the passive activity limitations Exceptions and Special Rules must be applied separately to items from each publicly traded partnership (PTP). A PTP is a partnership whose interests are Member income of mutual or cooperative electric compa- traded on an established securities market or are readily nies. Income of a mutual or cooperative electric company tradable on a secondary market (or its substantial equivalent). described in section 501(c)(12), which is treated as member PALs from a PTP may generally be used only to offset income or income under subparagraph (H) of that section, is excluded from gain from passive activities of the same PTP. This means that a UBTI. partner in a PTP may not use PALs and passive activity credits from a PTP to offset income from other sources, including Income from qualifying shipping activities. The passive activity income from another PTP. Such PALs and organization's gross income doesn’t include income from passive activity credits aren't allowed for the tax year. qualifying shipping activities (as defined in section 1356) if the organization makes an election under section 1354 on a timely Generally, PALs are subject to other limitations (for example, filed return (including extensions) to be taxed on its notional basis and at-risk limitations) before they are subject to the PAL shipping income (as defined in section 1353) at the highest limitations. For example, the at-risk rules under section 465 corporate rate. If the election is made, the organization generally generally prohibit trusts and corporations that are affected may not claim any loss, deduction, or credit with respect to tax-exempt organizations from claiming losses from activities in qualifying shipping activities. An organization making this excess of the taxpayer’s amount at risk in the activity. election may also elect to defer gain on the disposition of a An affected tax-exempt organization may need to attach qualifying vessel under section 1359. Use Form 8902 to figure Form 6198 and either Form 8582 or Form 8810. For more the tax. Include the alternative tax on Form 990-T, Part III, line 3. information on these rules, see Pub. 925, Passive Activity and Passive loss and at-risk limitations. Under section 469, At-Risk Rules. certain taxpayers, including certain tax-exempt organizations, How to report income received from a payment may not deduct a passive activity loss (PAL). Such tax-exempt ! card and third-party network transaction. An organizations (“affected tax-exempt organizations”) include a CAUTION organization that receives a Form 1099-K reporting a trust (such as a trust described in section 501(c), a trust “gross amount” received from payment card and third-party described in section 401(a), or an IRA), and a corporation if at network transactions in the tax year should report these amounts any time during the last half of its tax year more than 50% in in the same manner as if the payments weren’t reported on a value of the outstanding stock of the corporation is owned, Form 1099-K. There isn’t any one specific line on which to report directly or indirectly, by or for not more than five organizations an amount from Form 1099-K; the correct line should be that are private foundations under section 509(a) or are determined based on the nature of the payments. Some described in section 401(a) or 501(c)(17) (for example, a stock payments received may constitute unrelated business income; corporation described in section 501(c)(2) with a 401(a) parent see the instructions below to determine the appropriate line. For or private foundation parent). instance, if some of the payments are sales income from an A PAL occurs when total losses (including prior year unrelated business, then those payments would be reported on unallowed losses) from all the organization’s passive activities Part I, line 1a. Retain Form 1099-K with your other records. exceed the total income from all its passive activities. Generally, passive activities include (1) trade or business activities in which Specific Instructions—Schedule A the organization didn’t materially participate for the tax year; and (2) rental activities, regardless of your participation. If the (Form 990-T) organization has income or loss from a passive activity, several lines on Form 990-T and Schedule A (Form 990-T) may be Items A Through E affected by these rules. Item A. Enter the same name as entered in the heading area of PALs can’t be used to offset income from nonpassive Form 990-T. activities. Passive activity income doesn’t include portfolio income. Portfolio income (see Temporary Regulations section Item B. Enter the same EIN as entered in item D of Form 990-T. 1.469-2T(c)(3)) is income from a nonpassive activity. Portfolio Instructions for Form 990-T -15- |
Page 16 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Item C. On each Schedule A, enter the business activity code • The organization's average annual gross receipts for the 3 that best describes the organization's unrelated trade or prior tax years doesn’t exceed $27 million. business reported on that Schedule A. Modernized e-File This provision doesn’t apply to any amount if interest is requires a 6-digit numerical entry for item C. Unless you are required to be paid on the amount or if there is any penalty for using a 6-digit non-NAICS business activity code, you should failure to timely pay the amount. See Regulations section enter the 2 digits of the NAICS code in the first two positions and 1.448-3. Organizations that qualify to use the nonaccrual then enter 4 zeros to complete the entry. For example, if the experience method should attach a statement showing total 2-digit business activity code 45 (for retail trade) best describes gross receipts, amounts not accrued as a result of the your unrelated trade or business, enter “450000” in item C. See application of section 448(d)(5), and the net amount accrued. Business Activity Codes, later, for more information about Enter the net amount on Schedule A, Part I, line 1a. business activity codes. Gain or loss on disposition of certain brownfield property. Part I. Unrelated Trade or Business Gain or loss from the qualifying sale, exchange, or other disposition of a qualifying brownfield property (as defined in Income section 512(b)(19)(C)), which was acquired by the organization after 2004, is excluded from unrelated business taxable income Gross Receipts or Sales and is excepted from the debt-financed rules for such property. See sections 512(b)(19) and 514(b)(1)(E). Line 1a. Enter the gross receipts from an unrelated trade or business regularly conducted that involves the sale of goods or Capital Gain Net Income performance of services. Line 4a. Generally, organizations required to file Form 990-T A section 501(c)(7) social club would report its (except organizations described in sections 501(c)(7), (9), and TIP restaurant and bar receipts from nonmembers on (17)) aren't taxed on the net gains from the sale, exchange, or Schedule A, Part I, line 1, but would report its investment other disposition of property. However, net capital gains on income on Schedule A, Part I, line 9, and on Schedule A, Part debt-financed property, capital gains on cutting timber, and VII. ordinary gains on sections 1245, 1250, 1252, 1254, and 1255 property are taxed. See Form 4797, Sales of Business Property, Advance payments. In general, advance payments are and its instructions for additional information. reported in the year of receipt. To report income from long-term contracts, see section 460. For rules that allow a limited deferral Also, any capital gain or loss passed through from an S of advance payments beyond the current tax year, see section corporation or any gain or loss on the disposition of S 451(c). Also, see Regulations sections 1.451-8(c), (d), and (e). corporation stock by a qualified tax-exempt organization (see S For applicability dates, see Regulations section 1.451-8(h). For Corporations, later) is taxed as a capital gain or loss and information on adopting or changing to a permissible method for reported on Part I, line 4. reporting advance payments for services and certain goods by Capital gains and losses should be reported by a trust on an accrual method corporation, see the Instructions for Form Schedule D (Form 1041), Capital Gains and Losses, and by a 3115. Also, see Rev. Proc. 2021-34. corporation on Schedule D (Form 1120), Capital Gains and Losses (and Form 8949, Sale and Other Dispositions of Capital Installment sales. Generally, the installment method cannot be Assets). Schedule D of Form 1041 or Form 1120 (and Form used for dealer dispositions of property. A “dealer disposition” is 8949, if applicable) must be attached to Form 990-T. (a) any disposition of personal property by a person who regularly sells or otherwise disposes of personal property of the If you deferred a capital gain into a QOF, you must attach same type on the installment plan, or (b) any disposition of real Schedule D, Form 8949, and Form 8997 to your Form 990-T. property held for sale to customers in the ordinary course of the You will need to annually file Form 8997 until you dispose of the taxpayer's trade or business. investment. See the Instructions for Form 8997. 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 contractual obligation. To qualify for this treatment, the For sales of time-shares and residential lots reported under organization must lend the securities under an agreement that the installment method, the organization's income tax is requires: increased by the interest payable under section 453(l)(3). 1. The return of identical securities; Enter on Schedule A, Part I, line 1a and line 3, the gross profit 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 debt-financed property is the same percentage as the highest Nonaccrual experience method. Accrual method acquisition indebtedness for the property for the 12-month organizations aren't required to accrue certain amounts to be period before the date of disposition is to the average adjusted received from the performance of services that, on the basis of basis of the property. The percentage may not be more than their experience, won't be collected, if: 100%. See the instructions for Schedule A, Part V, line 5, to • The services are in the field of health, law, engineering, determine adjusted basis and average adjusted basis. architecture, accounting, actuarial science, performing arts, or consulting; or -16- Instructions for Form 990-T |
Page 17 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If debt-financed property is depreciable or depletable Losses on the transfer of assets to a tax-exempt entity are property, the provisions of sections 1245, 1250, 1252, 1254, and disallowed if part of a plan having a principal purpose of 1255 must be considered first. recognizing losses. Example. On January 1, 2021, an exempt educational corporation, using $288,000 of borrowed funds, purchased an Net Gain or (Loss) office building for $608,000. The only adjustment to basis was Line 4b. Show gains and losses on other than capital assets on $29,902 for depreciation (straight line method under MACRS Form 4797. Enter on this line the net gain or (loss) from Form over the 39-year recovery period for nonresidential real 4797, Part II, line 17. property). The corporation (section 501(c)(3) organization) sold the building on December 31, 2022, for $640,000. At the date of An exempt organization using Form 4797 to report ordinary sale, the adjusted basis of the building was $578,098 ($608,000 gain on sections 1245, 1250, 1252, 1254, and 1255 property will − $29,902) and the indebtedness remained at $288,000. The include only depreciation, amortization, or depletion allowed or adjusted basis of the property on the first day of the year of allowable in figuring UBTI or taxable income of the organization disposition was $593,037. The average adjusted basis is (or a predecessor organization) for a period when it was not $585,568 (($593,037 + $578,098) ÷ 2). The debt/basis exempt. percentage is 49% ($288,000 ÷ $585,568). Capital Loss Deduction for Trusts The taxable gain is $30,332 (49% × ($640,000 − $578,098)). This is a long-term capital gain. A corporation should enter the Line 4c. If a trust has a net capital loss, it is subject to the gain on Schedule D (Form 1120), Part II, line 8. A trust should limitations of Schedule D (Form 1041). Enter on this line the loss enter the gain on Schedule D (Form 1041), Part II, line 8, if figured on Schedule D (Form 1041). applicable. In either scenario (a corporation or a trust), the educational organization must attach a statement to Form 990-T, Income or (Loss) From a Partnership or an S in addition to the Schedule D, showing how the gain was figured Corporation along the lines described in this example, if the details weren’t provided with the Schedule D. Line 5. See Regulations section 1.512(a)-6 for rules permitting the aggregation of income (and directly connected deductions) Disposition of property received from taxable subsidiary of certain partnership interests. and used in unrelated business. A taxable 80%-owned Also, for trusts and certain corporations, there are limitations subsidiary corporation of one or more tax-exempt entities is on income and losses (including from a partnership or an S generally subject to tax on a distribution in liquidation of its corporation) under section 469 (the PAL and credit limitation assets to its exempt parent (or parents). See section 337. The rules) and section 465 (at-risk limitations). For more information assets are treated as if sold at FMV. on these rules, see the discussion of the application of the “Tax-exempt entities” for this purpose include organizations passive activity loss and at-risk limitations to affected tax-exempt described in sections 501(a), 529, 529A, and 115; charitable organizations in the introductory instructions under Part I. remainder annuity trusts or unitrusts; U.S. (including states) and Unrelated Trade or Business Income, earlier. foreign governments; Indian tribal governments and certain corporations; international organizations; and similar Partnerships non-taxable organizations. If the organization is a partner in a partnership conducting an A taxable corporation that transfers substantially all of its unrelated trade or business, enter the organization's share assets to a tax-exempt entity in a transaction that otherwise (whether or not distributed) of the partnership's income or loss qualifies for nonrecognition treatment must recognize gain on from the unrelated trade or business. The organization is the transaction as if it sold the assets at FMV. However, such a required to notify the partnership of its tax-exempt status. Figure transfer isn't taxable if it qualifies as a like-kind exchange under the gross income and deductions of the partnership in the same section 1031 or an involuntary conversion under section 1033. In way you figure unrelated trade or business income the such a case, the built-in appreciation is preserved in the organization earns directly. replacement property received in the transaction. A “taxable corporation” is any corporation that isn't a tax-exempt entity as Attach a statement to this return showing the organization's defined above, including an S corporation. share of the partnership's gross income from the unrelated trade or business, and its share of the partnership deductions directly A corporation that changes status from taxable to tax-exempt connected with the unrelated gross income. is generally treated as if it transferred all of its assets to a tax-exempt entity immediately before the change in status (thus S Corporations subjecting it to the tax on a deemed sale for FMV). This rule doesn’t apply where the taxable corporation becomes exempt Qualified tax-exempt organizations can be shareholders in an S within 3 years of formation (within 7 years of formation for corporation without the S corporation losing its status as an S section 501(c)(7) organizations), or had previously been exempt corporation. Qualified tax-exempt organizations that hold stock and within several years (generally a period of 3 years) regains in an S corporation treat their stock interest as an interest in an exemption, unless the principal purpose of the transactions is to unrelated trade or business. All items of income, loss, or avoid the tax on the change in status. deduction that the organization receives as a shareholder of the S corporation are taken into account in Schedule A, Part I, line 5, In the transactions described above, the taxable event is in figuring UBTI and not reported on another line of Schedule A deferred for property that the tax-exempt entity immediately uses (Form 990-T) that otherwise would apply, except capital gains in an unrelated business. If the tax-exempt parent later disposes and losses, which are reported on Schedule A, Part I, line 4. of the property, then any gain (not in excess of the amount not Report on Schedule A, Part I, line 4, any gain or loss on the recognized) is included in the parent’s UBTI. If there is partial disposition of S corporation stock. use of the assets in unrelated business, then there is partial recognition of gain or loss with respect to the assets not so used. Qualified tax-exempts. A qualified tax-exempt is an Property is treated as disposed if the tax-exempt entity no longer organization that is described in section 401(a) (qualified stock uses it in an unrelated business. bonus, pension, and profit-sharing plans) or 501(c)(3) and exempt from tax under section 501(a). Instructions for Form 990-T -17- |
Page 18 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Exception. Employee stock ownership plans (ESOPs) don't the tax year that includes the last day of the calendar quarter follow these S corporation rules if the S corporation stock is an with respect to which the credit is allowed. employer security as defined in section 409(l). Note. A credit is available only if the leave was taken sometime Attach a statement to this return showing the qualified after March 31, 2020 and before October 1, 2021, and only after tax-exempt's share of all items of income, loss, or deduction. the qualified leave wages were paid, which might under certain Combine the income, loss, and deductions (except for the circumstances not occur until a quarter after September 30, capital gains and losses) on the statement. If you hold stock in 2021, including quarters during 2022. Accordingly, all lines more than one S corporation, total the combined amounts. Show related to qualified sick and family leave wages remain on the capital gains and losses separately and include them on employment tax returns for 2022. Schedule A, Part I, line 4a. Organizations described in section 501(c)(19). Enter the Rent Income net income from an insurance business that was not properly set aside. These organizations may set aside income from Line 6. Enter the amount computed on Part IV, line 3, on Part I, payments received for life, sickness, accident, or health line 6, column (A). Enter the amount computed on Part IV, line 5, insurance for members of the organization or their dependents. on Part I, line 6, column (B). 1. To provide for the payment of insurance benefits. Unrelated Debt-Financed Income 2. For a purpose specified in section 170(c)(4) (religious, charitable, scientific, literary, educational, etc.). Line 7. Enter the amount computed on Part V, line 8, on Part I, line 7, column (A). Enter the amount computed on Part V, 3. For administrative costs directly connected with benefits line 10, on Part I, line 7, column (B). described in (1) and (2) above. Amounts set aside and used for purposes other than those in Interest, Annuities, Royalties, and Rents From a (1), (2), or (3) above must be included in UBTI for the tax year if Controlled Organization they were previously excluded from taxable income. Line 8. Enter the sum of columns 5 and 10 from Part VI on Part Any amount spent for a purpose described in section 170(c) I, line 8, column (A). Enter the sum of columns 6 and 11 from (4) is first considered paid from funds earned by the organization Part VI on Part I, line 8, column (B). from insurance activities if the income isn't used for the insurance activities. Investment Income of a Section 501(c)(7), (9), or Expenditures for lobbying aren't considered section 170(c)(4) (17) Organization expenses. Line 9. Enter the sum of amounts from Part VII, column 2, on Income from property financed with qualified 501(c)(3) Part I, line 9, column (A). Enter the sum of amounts in Part VII, bonds. If any part of the property is used in a trade or business column 5, on Part I, line 9, column (B). of any person other than a section 501(c)(3) organization or a governmental unit, and such use isn't consistent with the Exploited Exempt Activity Income, Other Than requirement for qualified 501(c)(3) bonds under section 145, the section 501(c)(3) organization is considered to have received Advertising Income unrelated business income in the amount of the greater of the Line 10. Enter the amount computed on Part VIII, line 2, on actual rental income or the fair rental value of the property for the Part I, line 10, column (A). Enter the amount computed on Part period it is used. No deduction is allowed for interest on the VIII, line 3, on Part I, line 10, column (B). private activity bond. Report the greater of the actual rent or the fair rental value on Schedule A, Part I, line 12. Report allowable Advertising Income deductions on Schedule A, Part II. See sections 150(b)(3) and (c). Line 11. Enter the amount computed on Part IX, line 2, on Part I, line 11, column (A). Enter the amount computed on Part IX, PFIC shareholders. If the organization is a direct or indirect line 3, on Part I, line 11, column (B). shareholder of a PFIC within the meaning of section 1297, it may have income tax consequences under section 1291 upon the Other Income disposition of the PFIC stock or on the receipt of an excess distribution from the PFIC, described in section 1291(a). The Line 12. Enter on Part I, line 12, any item of unrelated business organization may have current income under section 1293 if the income from a particular trade or business that isn't reportable PFIC is a QEF with respect to the organization. The organization elsewhere on the return. Attach a statement describing the may also have current income under section 1296 if it makes a sources of the other income and their amounts. Such amounts section 1296 mark-to-market election with respect to the PFIC may include: stock. • Recoveries of bad debts deducted in earlier years under the Include on Schedule A, Part I, line 12, the portion of an specific charge-off method; excess distribution (or gain treated as an excess distribution), • The amount from Form 6478, Biofuel Producer Credit (if section 1293 inclusion, or section 1296 inclusion that is taxable applicable); as UBTI. See Form 8621. • The amount from Form 8864, Biodiesel, Renewable Diesel, or Sustainable Aviation Fuels Credit (if applicable); and See the instructions for Form 990-T, Part II, line 4, for • Proceeds received from employer-owned life insurance reporting the deferred tax amount that may be owed by the contracts issued after August 17, 2006 (complete and attach organization with respect to an excess distribution (or gain Form 8925); and treated as an excess distribution). • The amount of payroll tax credit taken by an employer on its 2022 employment tax returns (Forms 941, 943, and 944) for Line 13. Total Unrelated Trade or Business qualified paid sick and qualified paid family leave under the Income FFCRA and the ARP (both the nonrefundable and refundable Use the amount from Schedule A, Part I, line 13, column (C), in portions). These amounts must be included in gross income for the computation of UBTI in Part II. -18- Instructions for Form 990-T |
Page 19 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Part II. Deductions Not Taken Preference Items Elsewhere Corporations may be required to adjust deductions for depletion If the aggregate sum of the amounts on all Schedules A (Form of iron ore and coal, intangible drilling and exploration and 990-T), Part I, line 13, column (A), is $10,000 or less, you don't development costs, and the amortizable basis of pollution have to complete Schedule A, Part II, lines 1 through 14. control facilities. See section 291 to determine the amount of the However, you must complete the remainder of Schedule A, Part adjustment. II and include the larger of each total from Schedule A, Part II, line 18, or zero, in the computation of the amount reported on Section 263A Uniform Capitalization Rules Part I, line 1, of Form 990-T. Note. Only expenses directly connected with the unrelated These rules require organizations to capitalize or include as trade or business income reported on the Schedule A for that inventory cost certain costs incurred in connection with the particular unrelated trade or business may be deducted on that following. Schedule A (see Directly connected expenses in Appendix A). • The production of real property and tangible personal property Don't separately include in Schedule A, Part II, any expenses held in inventory or held for sale in the ordinary course of that are reported in Schedule A, Parts III through IX, other than business. excess exempt expenses entered on Schedule A, Part II, line 12, • Real property or personal property held in inventory (tangible and excess readership costs entered on Schedule A, Part II, and intangible) acquired for resale. line 13. For example, officers' compensation allocable to • The production of real property and tangible personal property advertising income is reported on Schedule A, Part IX, only and produced by the organization for use in its trade or business or in shouldn’t be included on Schedule A, Part X, or Schedule A, Part an activity engaged in for profit. II, line 1. Tangible personal property produced by an organization Limitations on Deductions includes a film, sound recording, videotape, book, or similar property. The following items discuss certain areas in which the deduction may be limited. Indirect expenses. Organizations subject to the section 263A uniform capitalization rules are required to capitalize direct costs and an allocable part of most indirect costs (including taxes) that Activities Lacking a Profit Motive benefit the assets produced or acquired for resale or are In some instances, it is necessary to report income whether or incurred by reason of the performance of production or resale not it comes from a trade or business (including interest, activities. annuities, royalties, and rents from controlled organizations, and For inventory, some of the indirect expenses that must be income of a section 501(c)(7), (9), or (17) organization other capitalized are: than exempt function income). If income is attributable to an • Administration expenses; activity lacking a profit motive, then a net loss from the activity • Taxes; can’t be claimed on Form 990-T. Therefore, in Part I, column (B), • Depreciation; and Part II, the total of deductions for expenses directly • Insurance; connected with income from an activity lacking a profit motive is • Compensation paid to officers attributable to services; limited to the amount of that income. Generally, an activity • Rework labor; and lacking a profit motive is one that isn't conducted for the purpose • Contributions to pension, stock bonus, and certain of producing a profit or one that has consistently produced profit-sharing, annuity, or deferred compensation plans. losses when both direct and indirect expenses are taken into Regulations section 1.263A-1(e)(3) specifies other indirect account. costs that relate to production or resale activities that must be capitalized and those that may be currently deductible. Deductions Related to Property Leased to Interest expense. Interest expense paid or incurred during the Tax-Exempt Entities production period of designated property must be capitalized and is governed by special rules. See Regulations section For property leased to a governmental or other tax-exempt 1.263A-8 through 1.263A-15. entity, or in the case of property acquired after March 12, 2004, When are section 263A capitalized costs deductible? The that is treated as tax-exempt-use property other than by reason costs required to be capitalized under section 263A aren't of a lease, the organization may not claim deductions related to deductible until the property (to which the costs relate) is sold, the property when they exceed the organization's income from used, or otherwise disposed of by the organization. the lease payments. Amounts disallowed may be carried over to the next year and treated as a deduction concerning the Exceptions. Section 263A doesn’t apply to: property. See section 470. • Personal property acquired for resale if the organization's average annual gross receipts for the 3 prior tax years were $10 million or less; Transactions Between Related Taxpayers • Timber; • Most property produced under long-term contract; Generally, an accrual basis taxpayer may deduct business • Certain property produced in a farming business; expenses and interest owed to a related party only in the year • Research and experimental costs under section 174; the payment is included in the income of the related party. See • Geological and geophysical costs amortized under section sections 163(e)(3) and 267 for limitations on deductions for 167(h); unpaid interest and expenses. • Intangible drilling costs for oil, gas, and geothermal property; • Mining exploration and development costs; and • Inventory of an organization that accounts for inventories in the same manner as materials and supplies that aren't incidental. See Schedule A, Part III, Cost of Goods Sold, later. Instructions for Form 990-T -19- |
Page 20 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. See Regulations sections 1.263A-1 through 1.263A-3. Form 1099-NEC for an independent contractor and if the total amount of such compensation isn't unreasonable. Travel, Meals, and Entertainment Subject to the limitations and restrictions discussed below, an Reducing Certain Expenses for Which Credits organization can deduct ordinary and necessary travel, meals, Are Allowable and non-entertainment expenses paid or incurred in its trade or If the organization claims certain credits, it may need to reduce business. Generally, entertainment expenses, membership the otherwise allowable deductions for expenses used to figure dues, and facilities used in connection with these activities can’t the credit. This applies to credits such as the following. be deducted. In addition, no deduction is generally allowed for • Disabled access credit. qualified transportation fringe benefits. Special rules apply to • Employer credit for social security and Medicare taxes paid deductions for gifts, luxury water travel, and convention on certain employee tips. expenses. See section 274 and Pub. 463, Travel, Gift, and Car • Credit for employer-provided childcare facilities and services. Expenses. • Orphan drug credit. Qualified transportation fringes (QTFs). Generally, no • Credit for small employer pension plan startup costs. deduction is allowed under section 274(a)(4) for QTFs provided • Mine rescue team training credit. by employers to their employees. QTFs are defined in section • Employer credit for paid family and medical leave. 132(f)(1) and include: • Transportation in a commuter highway vehicle between the If the organization has any of these credits, figure each employee's residence and place of employment, current-year credit before figuring the deduction for expenses on • Any transit pass, and which the credit is based. • Qualified parking. Business Startup and Organizational Costs See section 274, Pub. 15-B, and Pub. 535 for details. For business startup and organizational costs paid or incurred Travel. The organization can’t deduct travel expenses of any after September 8, 2008, an organization can deduct up to individual accompanying an organization's officer or employee, $5,000 of such costs in the year it begins business (unless the including a spouse or dependent of the officer or employee, organization elects to capitalize the full amount of such costs). unless: The $5,000 deduction is reduced (but not below zero) by the • That individual is an employee of the organization, and amount the total costs exceed $50,000. If the total costs are • Their travel is for a bona fide business purpose and would $55,000 or more, the deduction is reduced to zero. Any costs not otherwise be deductible by that individual. deducted must be amortized, as explained below. Meals. Generally, the organization can deduct only 50% of the Note. For startup and organizational costs paid or incurred after amount otherwise allowable for non-entertainment-related meal September 8, 2008, the organization isn't required to attach a expenses paid or incurred in an unrelated trade or business. The statement or specifically identify the amount deducted for the Taxpayer Certainty and Disaster Tax Relief Act of 2020 election under sections 195(b) and 248(a) to be effective. It is a amended section 274(n)(2) to provide an exception from the deemed election. Whether an organization deducts a portion of general rule. For business meal expenses paid or incurred after its startup and organizational costs under Regulations sections December 31, 2020, and before January 1, 2023, the 1.195-1 and 1.248-1 or elects to amortize the full amount of such organization is allowed a deduction of 100% of business meal costs, its election is irrevocable. For startup and organizational expenses for food and beverages provided by a restaurant. See costs paid or incurred after October 22, 2004, and before Notice 2021-25, 2021-17 I.R.B. 1118, and Notice 2021-63, September 9, 2008, an organization must generally attach the 2021-49 I.R.B. 835. Meals not separately stated from statement required by Regulations sections 1.195-1(b) and entertainment are generally not deductible. In addition (subject 1.248-1(c) to make the election to deduct a portion of such costs to exceptions under section 274(k)(2)): (as explained above). This election is irrevocable. However, an • Meals mustn’t be lavish or extravagant, and organization can apply the provisions of these regulations to • An employee of the organization must be present at the meal. costs paid or incurred after October 22, 2004. Membership dues. The organization can deduct amounts paid Amortization. Any costs not deducted under the above rules or incurred for membership dues in civic or public service must be amortized ratably over the 180-month period, beginning organizations, professional organizations (such as bar and with the month the organization begins business. See the medical associations), business leagues, trade associations, Instructions for Form 4562, Depreciation and Amortization, for chambers of commerce, boards of trade, and real estate boards. details. If the association elected to amortize business startup However, no deduction is allowed if a principal purpose of the and organizational costs paid or incurred before October 23, organization is to entertain or provide entertainment facilities for 2004, over a period of 60 months or more, it must continue to members or their guests. In addition, organizations can’t deduct amortize those costs over the elected amortization period. membership dues in any club organized for business, pleasure, Report the deductible amount of these costs and any recreation, or other social purpose. This includes country clubs, amortization on Schedule A, Part II, line 14. For amortization that golf and athletic clubs, airline and hotel clubs, and clubs began during the tax year, complete and attach Form 4562. operated to provide meals under conditions favorable to business discussion. Repairs and Maintenance Entertainment facilities. The organization can’t deduct an expense paid or incurred for use of a facility (such as a yacht or Line 3. Enter the cost of incidental repairs and maintenance not hunting lodge) for an activity usually considered entertainment, claimed elsewhere on the return, such as labor and supplies, amusement, or recreation. that don't add to the value or appreciably prolong the life of the property. Amounts treated as compensation. The organization may generally be able to deduct otherwise non-deductible travel, Bad Debts meals, and entertainment expenses if the amounts are treated as compensation and reported on Form W-2 for an employee or Line 4. Enter the total receivables from an unrelated trade or business that were previously included in taxable income and that became worthless in whole or in part during the tax year. -20- Instructions for Form 990-T |
Page 21 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Interest • Foreign or U.S. possession income taxes if a foreign tax credit is claimed. Line 5. Attach a separate statement listing the interest being • Taxes not imposed on your organization. claimed on this line. • Taxes, including state or local sales taxes, paid or incurred in Interest allocation. If the proceeds of a loan were used for connection with an acquisition or disposition of property. These more than one purpose (for example, to purchase a portfolio taxes must be treated as part of the cost of the acquired property investment and to acquire an interest in a passive activity), an or, in the case of a disposition, as a reduction in the amount interest allocation must be made. See Temporary Regulations realized on the disposition. section 1.163-8T for the interest allocation rules. • Taxes assessed against local benefits that increase the value of the property assessed (such as for paving, etc.). Tax-exempt interest. Don't include interest on indebtedness • Taxes deducted elsewhere on the return, such as those incurred or continued to purchase or carry obligations on which reflected in cost of goods sold. the interest income is totally exempt from income tax. For Enter taxes and license fees paid or accrued during the year, exceptions, see section 265(b). but don't include the following taxes. Prepaid interest. Generally, a cash basis taxpayer can’t • Federal income taxes. deduct prepaid interest allocable to years following the current • Foreign or U.S. possession income taxes if a foreign tax credit tax year, for example, during the tax year a cash basis taxpayer is claimed. prepaid interest on a loan. The taxpayer can deduct only that • Taxes not imposed on your organization. part of the prepaid interest that was for the use of the loaned • Taxes, including state or local sales taxes, paid or incurred in funds during the tax year, not for the use of the loaned funds connection with an acquisition or disposition of property. These during the subsequent years. taxes must be treated as part of the cost of the acquired property or, in the case of a disposition, as a reduction in the amount Straddle interest. Generally, the interest and carrying charges realized on the disposition. on straddles can’t be deducted and must be capitalized. See • Taxes assessed against local benefits that increase the value section 263(g). of the property assessed (such as for paving, etc.). Original issue discount. See section 163(e)(5) for special • Taxes deducted elsewhere on the return, such as those rules for the disqualified portion of original issue discount on a reflected in cost of goods sold. high-yield discount obligation. See section 164(d) for apportionment of taxes on real Interest on certain underpayments of tax. Don't deduct property between the buyer and seller. interest paid or incurred on any portion of an underpayment of Do not reduce the corporation’s deduction for social tax that is attributable to an understatement arising from an ! security and Medicare taxes by the amount claimed on undisclosed listed transaction or an undisclosed reportable CAUTION its employment tax and refundable portions of the avoidance transaction (other than a listed transaction) entered FFCRA and ARP credits for qualified sick and family leave into in tax years beginning after October 22, 2004. wages. Instead, report this amount as income on line10. Interest allocable to the production of designated property. Don't deduct interest on debt allocable to the production of Depreciation designated property. Interest that is allocable to such property produced by an organization for its own use or for sale must be Line 7. Besides depreciation, include on line 7 the part of the capitalized. An organization must also capitalize any interest on cost, under section 179, that the organization elected to expense debt allocable to an asset used to produce the earlier property. for certain tangible property placed in service during the tax year See section 263A(f) and Regulations sections 1.263A-8 through or carried over from the prior tax year. See Form 4562 and its 1.263A-15. instructions. Interest on below-market loans. See section 7872 for special Depletion rules regarding the deductibility of foregone interest on certain below-market-rate loans. Line 9. See sections 613 and 613A for percentage depletion rates for natural deposits. Attach Form T (Timber), Forest Limitation on deduction of business interest. Business Activities Schedules, if a deduction is taken for depletion of interest expense is limited to the sum of business interest timber. income, 30% of the adjusted taxable income, and floor plan financing interest. Business interest expense includes any Contributions to Deferred Compensation Plans interest paid or accrued on indebtedness properly allocable to an unrelated trade or business. A taxpayer, other than a tax Line 10. Employers who maintain pension, profit-sharing, or shelter, that meets the gross receipts test isn’t required to limit other funded deferred compensation plans are generally business interest expense under section 163(j). A taxpayer required to file Form 5500. This requirement applies whether or meets the gross receipts test if the taxpayer has average annual not the plan is qualified under the Code and whether or not a gross receipts that are taken into account in determining its UBTI deduction is claimed for the current tax year. Section 6652(e) of $27 million or less for the 3 prior tax years. Gross receipts imposes a penalty for late filing of these forms. In addition, there include the aggregate gross receipts from all persons treated as is a penalty for overstating the pension plan deduction. See a single employer such as a controlled group of corporations, section 6662(f). commonly controlled partnerships or proprietorships, and affiliated service groups. If the taxpayer fails to meet the gross Employee Benefit Programs receipts test, Form 8990 is generally required. Line 11. Enter the amount of contributions to employee benefit Taxes and Licenses programs (such as insurance, health, and welfare programs) that aren't an incidental part of a deferred compensation plan Line 6. Enter taxes and license fees paid or accrued during the included on Schedule A, Part II, line 10. year, but don't include the following taxes. • Federal income taxes. Instructions for Form 990-T -21- |
Page 22 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Excess Exempt Expenses Regulations section 1.512(a)-6(h). Attach a statement showing the computation of the NOL deduction. Line 12. Enter the amount computed on Part VIII, line 7 (if 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 zero in the computation of UBTI on Part I, line 1, of Form 990-T. Line 13. Enter the amount computed on Part IX, line 8a (if A net loss calculated on any Schedule A, Part II, line 18, can’t be applicable), on Part II, line 13. used to offset gain on any other Schedule A. Accordingly, a net loss on a Schedule A should be treated as zero to calculate the Other Deductions amount reported on Part I, line 1, of Form 990-T Line 14. Enter on this line the deduction taken for amortization (see Form 4562) as well as other authorized deductions for Part III. Cost of Goods Sold which no space is provided on the return. Attach a statement Generally, inventories are required at the beginning and end of listing the deductions claimed on this line. On each Schedule A, each tax year if the production, purchase, or sale of deduct only items directly connected with the unrelated trade or merchandise is an income-producing factor. See Regulations business for which income is reported on that Schedule A. section 1.471-1. Extraterritorial income exclusion. Complete Form 8873 and However, if the organization is a qualifying taxpayer or a include the deduction from line 52 in other deductions reported qualifying small business taxpayer, it may adopt or change its on Part II, line 14. accounting method to account for inventoriable items in the Don't deduct fines or penalties paid to a government for same manner as materials and supplies that aren't incidental violating any law. The exclusion was repealed generally for (unless its business is a tax shelter (as defined in section 448(d) transactions after 2004, with some exceptions. See Form 8873 (3)). and its instructions. A qualifying taxpayer is a taxpayer that, for each prior tax year ending after December 16, 1998, has average annual gross Net Operating Loss (NOL) Deduction Arising in receipts of $1 million or less for the 3-tax-year period ending with Tax Years Beginning On or After January 1, that prior tax year. 2018 A qualifying small business taxpayer is a taxpayer (a) that has Line 17. The NOL deduction is the NOL carryover and average annual gross receipts of $27 million or less for the carrybacks that can be deducted in the tax year with regard to 3-tax-year period ending with that prior tax year, and (b) whose each separate trade or business. To be deductible, an NOL principal business activity isn't an ineligible activity. must have been incurred in an unrelated trade or business activity. See section 172(a). Under this accounting method, inventory cost for raw materials purchased for use in producing finished goods and Tax Cuts and Jobs Act amendments to section 172. merchandise purchased for resale are deductible in the year the Section 13302 of the Tax Cuts and Jobs Act amended section finished goods or merchandise are sold (but not before the year 172 for tax years ending after 2017 to eliminate NOL carrybacks the organization paid for the raw materials or merchandise, if it is except for certain farming losses and NOLs of insurance also using the cash method). For additional guidance on this companies other than life insurance companies. See section method of accounting for inventoriable items, see Pub. 538 and 172(b), as amended by the Tax Cuts and Jobs Act. Also see the Instructions for Form 3115. Pub. 225, Farmer’s Tax Guide; Pub. 536, Net Operating Losses for Individuals, Estates, and Trusts; and Pub. 542, Corporations, Enter amounts paid for all raw materials and merchandise for additional information. The Tax Cuts and Jobs Act also during the tax year on line 2. The amount the organization can amended section 172(a)(2) to limit the allowable NOL deduction deduct for the tax year is figured on Schedule A, Part III, line 8. to 80% of taxable income (calculated as described in section All filers not using the cash method of accounting should see 172(a)(2)). Section 263A Uniform Capitalization Rules under Limitations on Instructions for line 17. Enter on Schedule A, Part II, line 17, Deductions, earlier, before completing Schedule A. The the NOL carryover from other tax years attributable to that trade instructions for lines 1, 4, 5, and 7, later, applies to Part III earlier, or business, but don't enter more than the amount shown on before completing Schedule A. Schedule A, Part II, line 16. An organization that claims the Inventory valuation methods. Inventories can be valued at: deduction with respect to any NOL carried through tax years for which the organization was not required to file Form 990-T must 1. Cost as described in Regulations section 1.471-3, show the amount of the deduction and how it was computed, but 2. Lower of cost or market as described in Regulations the organization need not file a Form 990-T in order to preserve section 1.471-4, or an NOL carryover. See Regulations section 1.512(a)-6(h)(3) for 3. Any other method approved by the IRS that conforms to treatment of suspended NOLs resulting from the termination, the requirements of the applicable regulations cited below. sale, exchange, or other disposition of a separate unrelated trade or business. After offsetting any gain resulting from the However, if the organization is using the cash method of termination, sale, exchange, or disposition of a separate accounting, it is required to use cost. unrelated trade or business, any NOL remaining is suspended. A small producer is an organization whose average annual However, the suspended NOLs may be used if that previous gross receipts are $1 million or less. Small producers that separate unrelated trade or business is later resumed or if a new account for inventories in the same manner as materials and unrelated trade or business that is accurately identified using the supplies that aren't incidental may currently deduct expenditures same NAICS 2-digit code as the previous separate unrelated for direct labor and all indirect costs that would otherwise be trade or business is commenced or acquired in a future tax year. included in inventory costs. The amount of an NOL carryover is determined under section The average cost (rolling average) method of valuing 172. See Regulations section 1.512(b)-1(e) and, for inventories generally doesn’t conform to the requirement of the organizations with more than one unrelated trade or business, regulations. See Rev. Rul. 71-234, 1971-1 C.B. 148. -22- Instructions for Form 990-T |
Page 23 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Organizations that use erroneous valuation methods must change to a method permitted for federal income tax purposes. Part IV. Rent Income File Form 3115 to make this change. Section 501(c)(7), (9), and (17) organizations, enter gross rents on Schedule A, Part I, line 6, and applicable expenses on Inventory may be valued below cost when the merchandise is Schedule A, Part II, lines 1 through 14. All rents except those unsalable at normal prices or unusable in the normal way that are exempt function income must be included. because the goods are subnormal because of damage, imperfections, shop wear, etc., within the meaning of All organizations that have applicable rent income, other than Regulations section 1.471-2(c). The goods may be valued at the section 501(c)(7), (9), and (17) organizations, should complete bona fide selling price, minus direct cost of disposition (but not Schedule A, Part IV. For organizations other than section 501(c) less than scrap value). Bona fide selling price means actual (7), (9), and (17) organizations, only the following rents are offering of goods during a period ending not later than 30 days taxable on Schedule A, Part I, line 6. after inventory date. 1. Rents from personal property leased with real property, if If this is the first year the Last-in First-out (LIFO) inventory the rents from the personal property are more than 10% of the method was either adopted or extended to inventory goods not total rents received or accrued under the lease, determined at previously valued under the LIFO method provided in section the time the personal property is placed in service. 472, attach Form 970, Application To Use LIFO Inventory 2. Rents from real and personal property if: Method, or a statement with the information required by Form 970. a. More than 50% of the total rents received or accrued under the lease are for personal property, or If the organization changed or extended its inventory method to LIFO and had to write up the opening inventory to cost in the b. The amount of the rent depends on the income or profits year of election, report the effect of this write-up as other income derived by any person from the property leased (except an (Part I, line 12) proportionately over a 3-year period that begins amount based on a fixed percentage of receipts or sales). in the tax year the LIFO election was made (section 472(d)). A redetermination of the percentage of rent for personal Line 1. If the organization is changing its method of accounting property is required when either: to no longer account for inventories, it must refigure last year's 1. There is an increase of 100% or more by the placing of closing inventory using the new method of accounting and enter additional or substitute personal property in service, or the result on line 1. If there is a difference between last year's 2. There is a modification of the lease that changes the rent closing inventory and the refigured amount, attach an charged. Rents from both real and personal property not taxable explanation and take it into account when figuring the on Schedule A, Part I, line 6, may be taxable on Schedule A, organization's section 481(a) adjustment (explained earlier). Part I, line 8, if the income is from a controlled organization or on Line 4. An entry is required on this line only for organizations Schedule A, Part I, line 7, if the property is debt-financed. that have elected a simplified method of accounting. Taxability of the rent must be considered in the following order. For organizations that have elected the simplified production a. Rents not taxed on Schedule A, Part I, line 6 may be method, additional section 263A costs are generally those costs, taxed on Schedule A, Part I, line 8. other than interest, that are now required to be capitalized under b. Rents not taxed on Schedule A, Part I, line 6 or line 8, section 263A but that weren’t capitalized under the may be taxed on Schedule A, Part I, line 7. organization's method of accounting immediately prior to the effective date of section 263A. For details, see Regulations Rents from personal property not leased with real property section 1.263A-2(b). should be reported on Schedule A, Part I, line 12. For organizations that have elected the simplified resale See Form 8582 (for trusts) or Form 8810 (for corporations) method, additional section 263A costs are generally those costs and section 469 for limitations on losses from rental activities. incurred with respect to the following categories. • Off-site storage or warehousing. Description of Property • Purchasing. Line 1. Check the box next to the property description if the • Handling, such as processing, assembling, repackaging, and property is used both to carry on exempt activities and to transporting. conduct unrelated trade or business activities. • General and administrative costs (mixed service costs). For details, see Regulations section 1.263A-3(d). Line 4. For each property, attach a statement describing the directly connected deductions and their amounts. Enter on Schedule A, Part III, line 4, the balance of section 263A costs paid or incurred during the tax year not included on Part V. Unrelated Debt-Financed Schedule A, Part III, lines 2 and 3. Income Line 5. Enter on Schedule A, Part III, line 5, any costs paid or incurred during the tax year not entered on Schedule A, Part III, Use Schedule A, Part V, to compute unrelated debt-financed lines 2 through 4. Attach a statement describing the other costs. income described in sections 512(b)(4) and 514 from debt-financed property only to the extent that the income doesn’t Line 7 See Regulations sections 1.263A-1 through 1.263A-3 for constitute income from the conduct of an unrelated trade or details on figuring the amount of additional section 263A costs to business and isn't specifically taxable under other provisions of be included in ending inventory. the Code, such as taxable rents from personal property leased If the organization accounts for inventories in the same with real property reportable on Schedule A, Part IV (and manner as materials and supplies that aren't incidental, enter on Schedule A, Part I, line 6), or taxable interest, annuities, Schedule A, Part III, line 7, the portion of its raw materials and royalties, and rents from a controlled entity reportable on merchandise purchased for resale that are included on Schedule A, Part VI (and Schedule A, Part I, line 8). See Schedule A, Part III, line 6, and weren’t sold during the year. Regulations section 1.514(b)-1(b)(2). Refer to Regulations section 1.512(a)-6 when reporting income from one or more debt-financed properties and also for rules permitting the aggregation of unrelated debt-financed income with other UBTI in certain circumstances. Gain or loss from the sale or Instructions for Form 990-T -23- |
Page 24 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 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 and other purposes, the organization must allocate the basis, business for $20,000. To complete Schedule A, Part V for this debt, income, and deductions among the purposes for which the example, enter $20,000 on Schedule A, Part V, line 2; $1,000 property is held. Don't include on Schedule A, Part V amounts and $5,000 on Schedule A, Part V, lines 3(a) and 3(b), allocated to exempt purposes. respectively (since the entire amount is for debt-financed For section 514 purposes, don't treat an interest in a property); $6,000 and $10,000 on Schedule A, Part V, lines 4 and 5 (since the entire amount is for debt-financed property); ! qualified state tuition program (QSTP) as debt. 60% on Schedule A, Part V, line 6; $12,000 on Schedule A, Part CAUTION However, a QSTP's investment income is treated as debt-financed income if the QSTP incurs indebtedness when V, line 7; and $3,600 on Schedule A, Part V, line 9. acquiring or improving income-producing property. Line 1. Enter the address of the debt-financed property. If the debt-financed property isn’t real property, enter the address A property held to produce income is debt-financed property where the property is located and describe the property in Part if at any time during the tax year there was acquisition XI, Supplemental Information. indebtedness outstanding for the property. When a property held for the production of income by an organization is disposed of at Check the box next to the property description if the property a gain during the tax year, and there was acquisition is used both to carry on exempt activities and to conduct indebtedness outstanding for that property at any time during the unrelated trade or business activities. 12-month period before the date of disposition, the property is Line 2. Enter the gross income from debt financed property, debt-financed property. Securities purchased on margin are excluding income otherwise included in UBTI. For example, considered debt-financed property if the liability incurred in don't include rents from personal property shown on Schedule A, purchasing them remains outstanding. Part IV, or rents and interest from controlled organizations Acquisition indebtedness is the outstanding amount of shown on Schedule A, Part VI. principal debt incurred by the organization to acquire or improve Line 3. For amounts shown on line 3a, attach a statement the property. Acquisition indebtedness also includes showing, for each property: indebtedness incurred: 1. The cost or salvage value, 1. Before the property was acquired or improved, if the 2. The year acquired, indebtedness would not have been incurred but for such acquisition or improvement of the property; or 3. The property’s useful life (rounded to a whole number if necessary), 2. After the property was acquired or improved, if the indebtedness would not have been incurred but for such 4. The years remaining (rounded to a whole number if acquisition or improvement and the incurrence of such necessary), indebtedness was reasonably foreseeable at the time of such 5. The annual depreciation expense amount, and acquisition or improvement. See Regulations section 6. The allowable depreciation expense amount. 1.514(c)-1(a). With certain exceptions, acquisition indebtedness doesn’t Line 4. Average acquisition indebtedness for any tax year is the include debt incurred by the following. average amount of the outstanding principal debt during the part of the tax year the property is held by the organization. To figure 1. A qualified (section 401) trust in acquiring or improving the average amount of acquisition debt, determine the amount of real property. See section 514(c)(9). the outstanding principal debt on the first day of each calendar 2. A tax-exempt school (section 170(b)(1)(A)(ii)) and its month during that part of the tax year that the organization holds affiliated support organizations (section 509(a)(3)) for the property. Add these amounts together, and divide the result indebtedness incurred after July 18, 1984. by the total number of months during the tax year that the 3. An organization described in section 501(c)(25) in tax organization held the property. See section 514(a) and the years beginning after December 31, 1986. related regulations for property acquired for an indeterminate price. 4. An obligation, to the extent that it is insured by the Federal Housing Administration, to finance the purchase, 1. The average amount of acquisition debt, rehabilitation, or construction of housing for low and moderate 2. The percent allocable to debt-financed income, and income persons, or indebtedness incurred by a small business 3. The product of (1) multiplied by (2). investment company licensed after October 22, 2004, under the Small Business Investment Act of 1958 if such indebtedness is Line 5. The average adjusted basis for debt-financed property evidenced by a debenture issued by such company under is the average of the adjusted basis of the property on the first section 303(a) of that Act, and held or guaranteed by the Small and last days during the tax year that the organization holds the Business Administration (see section 514(c)(6)(B) for property. Determine the adjusted basis of property under section limitations). 1011. Adjust the basis of the property by the depreciation for all 5. A retirement income account described in section 403(b) earlier tax years, whether or not the organization was exempt (9) in acquiring or improving real property in tax years beginning from tax for any of these years. Similarly, for tax years during on or after August 17, 2006. which the organization is subject to tax on UBTI, adjust the basis of the property by the entire amount of allowable depreciation, See Pub. 598 for additional exceptions to the rules for even though only a part of the deduction for depreciation is debt-financed property. taken into account in figuring UBTI. Example 1. An exempt organization owns a four-story Attach a statement showing, for each property: building. Two floors are used for an exempt purpose and two -24- Instructions for Form 990-T |
Page 25 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. 1. A brief description of the property, • By vote or value, more than 50% of a corporation's stock (for 2. The adjusted basis, an organization that is a corporation); • More than 50% of a partnership's profits or capital interests 3. The percent allocable to debt-financed income, and (for an organization that is a partnership); or 4. The product of (3) multiplied by (4). • More than 50% of the beneficial interests in an organization If no adjustments to the basis of property under section 1011 (for an organization other than a corporation or partnership). apply, the basis of the property is cost. To determine the ownership of stock in a corporation, apply See section 514(d) and the related regulations for the basis of the principles of section 318 (constructive ownership of stock). debt-financed property acquired in a complete or partial Apply similar principles to determine the ownership of interests liquidation of a corporation in exchange for its stock. in a partnership or any other organization. Line 6. Divide each property's average acquisition Column 3. Enter the net unrelated income (or net unrelated indebtedness for the tax year by that property's average loss) of each controlled entity listed that is exempt from tax adjusted basis during the period it is held in the tax year. This under section 501(a). percentage cannot be more than 100%. Column 7. Enter the taxable income of each nonexempt Line 7. The amount of income from debt-financed property controlled organization. included in unrelated trade or business income is figured by Column 8. Enter the net unrelated income (or net unrelated multiplying the property's gross income by the percentage loss) of each controlled entity listed that isn't exempt from tax computed on line 6. under section 501(a). Net unrelated income is that portion of the Line 8 . Enter on line 8 the sum of amounts computed for each controlled entity's taxable income that would be UBTI if the entity property on line 7. Also enter this amount on Part I, line 7, were exempt under section 501(a) and had the same exempt column (A). purposes as the controlling organization. Net unrelated loss is the controlled organization's NOL adjusted under rules similar to Line 9. For each debt-financed property, multiply the total those used to determine net unrelated income. deductions directly connected to the income (including the dividends-received deductions allowed by sections 243, 244, Column 4 or 9. For each controlled organization, enter the total and 245) by the percentage computed on line 6. However, if the of specified payments received from each controlled debt-financed property is depreciable property, figure the organization. If the organization received both specified depreciation deduction by the straight line method only and payments and qualifying specified payments from a controlled enter the amount on Schedule A, Part V, line 3a. organization, enter specified payments on one line and qualifying specified payments on another so that there are dual For each debt-financed property, attach statements showing entries for that controlled organization. separately a computation of the depreciation deduction (if any) reported on Schedule A, Part V, line 3a, (as described earlier) Column 5 or 10. For specified payments, enter the portion of and a breakdown of the expenses included on Schedule A, Part column 4 or 9 to the extent that the payment reduced the net V, line 3b. Corporations owning stock that is unrelated unrelated income (or increased the net unrelated loss) of the debt-financed property should see Schedule C (Dividends and controlled entity. Special Deductions) of Form 1120, U.S. Corporation Income Tax Column 6 or 11. Enter only those deductions directly Return, to determine the dividends-received deductions to connected with the income entered in column 5 or 10. include on Schedule A, Part V, line 3b. With respect to qualifying specified payments, enter only that When a capital loss for the tax year may be carried back or portion of expenses directly connected to the amounts included carried over to another tax year, the amount to carry over or in column 5 or 10, that is, the excess of the payment over the back is figured by using the percentage determined above. FMV amount, as determined in accordance with section 482. However, in the year to which the amounts are carried, don't Don't enter any expenses relating to the portion of such payment apply the debt-basis percentage to determine the deduction for that isn't includible in income under this special rule. that year. For valuation misstatements regarding qualifying Line 10. On line 10, enter the sum of amounts computed for ! specified payments, there is a 20% addition to tax. See each property on line 9. Also enter this amount on Part I, line 7, CAUTION section 512(b)(13)(E)(ii). column (B). Excess qualifying specified payments. Excess qualifying Line 11. Enter the total dividends-received deductions (after specified payments received or accrued from a controlled entity reduction, when applicable, by the debt-basis percentage(s)) (that is, the amount of qualifying specified payments in excess of included on Schedule A, Part V, line 9. what would have been paid or accrued if the payments had been determined under section 482) are included in a controlling Part VI. Interest, Annuities, Royalties, exempt organization's UBTI. and Rents From Controlled Part VII. Investment Income of a Organizations Section 501(c)(7), (9), or (17) Under section 512(b)(13), interest, annuities, royalties, and rents received or accrued (directly or indirectly) by a controlling Organization organization from a controlled organization are subject to tax, Generally, for section 501(c)(7), (9), or (17) organizations, whether or not the activity conducted by the controlling unrelated trade or business income includes all gross income organization to earn these amounts is a trade or business or is from nonmembers with certain modifications. See section 512(a) regularly conducted. However, see Regulations section (3)(A). Report on Schedule A, Part VII, all income from 1.512(b)-1(l)(5) regarding amounts taxable under other investments in securities and other similar investment income provisions of the Code. from nonmembers, including 100% of income and directly Controlled organization. An entity is a “controlled connected expenses from debt-financed property. Don't report organization” if the controlling organization owns: nonmember income from debt-financed property on Schedule A, Part V. Instructions for Form 990-T -25- |
Page 26 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. All section 501(c)(7), (9), and (17) organizations figure their Net investment income set aside must be specifically investment income using Schedule A, Part VII. Don't include earmarked as such, or placed in a separate account or fund interest on state and local governmental obligations described in (except for a section 501(c)(9) or (17) organization which, by the section 103(a). 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). These rules apply to a corporation described in section If a section 501(c)(7), (9), or (17) organization (or a title 501(c)(2) (title holding corporation) whose income is payable to holding corporation, described earlier) sells property that was an organization described in section 501(c)(7), (9), or (17) if it used for the exempt function of the section 501(c)(7), (9), or (17) files a consolidated return with the section 501(c)(7), (9), or (17) organization and buys other property used for the organization's organization. exempt function within a period beginning 1 year before the date of the sale, and ending 3 years after the date of the sale, the gain Part VIII. Exploited Exempt Activity from the sale will be recognized only to the extent that the sales price of the old property is more than the cost of the other Income, Other Than Advertising property. The other property need not be similar in type or use to the old property. The organization must notify the IRS of the sale Income by a statement attached to the return, or other written notice. Exempt organizations that have gross income from an unrelated trade or business activity that exploits an exempt activity (other To compute the gain on the sale of depreciable property, see than periodical advertising income reportable on Schedule A, the instructions for Part V, line 5, to determine the adjusted basis Part IX) should complete Schedule A, Part VIII. See Regulations of the property. section 1.513-1(d)(4)(iv) for a definition of exploited exempt Column 3. Deduct only those expenses that are directly activity. Report income from advertising other than in a connected to the net investment income. Allocate deductions periodical on Schedule A, Part VIII. between exempt activities and other activities where necessary. Line 1. Briefly describe the exempt activity being exploited in The organization may not take the dividends-received an unrelated trade or business activity. deductions in figuring net investment income because they aren't treated as directly connected with the production of gross Line 3. An exempt organization may take all deductions directly income. connected with the gross income from the unrelated trade or business activity. Column 4. Section 501(c)(7), (9), and (17) organizations may set aside income that would otherwise be taxable under section Line 4. Subtract directly connected deductions from the gross 512(a)(3). However, income derived from an unrelated trade or unrelated business income. If unrelated business income business may not be set aside and thus can’t be exempt function exceeds the directly connected deduction, the exempt income. In addition, any income set aside and later used for organization may take into account all deductible items other purposes must be included in income. attributable to the exploited exempt activity, with the following Section 501(c)(7), (9), and (17) organizations won't be taxed limitations. on income set aside for: 1. Reduce the deductible items of the exempt activity by the 1. Religious, charitable, scientific, literary, or educational income from the activity. purposes, or for the prevention of cruelty to children or animals 2. Limit the net amount of deductible items arrived at in item (and reasonable administration costs directly connected to such 1 above for the exempt activity to the net unrelated business purposes); or income from the exploited exempt activity. 2. The payment of life, sickness, accident, or other benefits 3. Exclude income and expenses of the exempt activity in (and reasonable administration costs directly connected to such figuring a loss carryover or carryback from the unrelated trade or benefits) by a section 501(c)(9) or (17) organization. The amount business activity exploiting the exempt activity. allowed as a set-aside may not exceed a limit determined using 4. Exclude deductible items of the exempt activity in figuring section 512(a)(3)(E). See sections 512(a)(3)(E) and 419A for unrelated trade or business income from an activity that isn't details. exploiting the same exempt activity. Report income set aside on Schedule A, Part VII, column 4. As a result, the net includible exploited exempt activity Attach a statement listing: income is the UBTI minus the excess of the exempt activity 1. The amount set aside for charitable purposes; expenses over the exempt activity income. If the income from 2. The amount set aside for reasonable administration costs the exempt activity exceeds the exempt activity expenses, don't directly connected with such amount; add that profit to the net income from the unrelated business activity. Attach a separate statement showing the computation. 3. The amount set aside for payment of life, sickness, accident, or other benefit; and Part IX. Advertising Income 4. The amount set aside for reasonable administration costs An exempt organization that earned gross income from the sale directly connected with the payment of such benefits. of advertising in an exempt organization periodical must Amounts set aside aren't deductible under section 170 or any complete Schedule A, Part IX. The part of the advertising income other section of the Code. taken into account is determined as follows. The organization may elect to treat income set aside by the 1. If direct advertising costs (expenses directly connected date for filing the return, including any extension of time, as with advertising income) are more than advertising income income set aside-in the tax year for which the return is filed. The (unrelated business income), deduct that excess in figuring UBTI income set aside must have been includible in gross income for from any other unrelated trade or business activity conducted by that earlier tax year. the organization. Although set-aside income may be accumulated, any 2. If advertising income is more than direct advertising accumulation that is unreasonable will be evidence that the set costs, and circulation income (exempt activity income) equals or aside wasn’t for the purposes previously mentioned. -26- Instructions for Form 990-T |
Page 27 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. exceeds readership costs (exempt activity expenses), then UBTI the NAICS or Business Activity Code shown on the Schedule A is the excess of advertising income over direct advertising costs. for the current tax year can enter the explanation for the change 3. If advertising income is more than direct advertising here. costs, and readership costs are more than circulation income, For each entry in Part XI, include the Schedule A Part and line then UBTI is the excess of total income (advertising income and number, a brief description, and the amount (if any). If circulation income) over total periodical costs (direct advertising necessary, you may also attach a PDF document to provide costs and readership costs). supplemental information. 4. If the readership costs are more than the circulation income, and the net readership costs are more than the excess Paperwork Reduction Act Notice of advertising income over direct advertising costs, no loss is We ask for the information on these forms to carry out the allowable. See Regulations section 1.512(a)-1(f)(2)(ii)(b). Internal Revenue laws of the United States. You are required to For allocating membership receipts to circulation income, see give us the information. We need it to ensure that you are Rev. Rul. 81-101, 1981 C.B. 352. complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the Consolidated periodicals. If an organization publishes two or information requested on a form that is subject to the Paperwork more periodicals, it may elect to treat the gross income for all Reduction Act unless the form displays a valid OMB control (but not less than all) periodicals, and deductions directly number. Books or records relating to a form or its instructions connected with those periodicals (including excess readership must be retained as long as their contents may become material costs) as if the periodicals were one to determine its UBTI. This in the administration of any Internal Revenue law. Generally, tax rule only applies to periodicals published for the production of returns and return information are confidential, as required by income. A periodical is considered published for the production section 6103. of income if gross advertising income of the periodical is at least 25% of the readership costs, and the periodical is an activity Estimates of Taxpayer Burden. These include forms in the engaged in for profit. 990 series and attachments; and Forms 1023, 1024, 1028, 5578, 5884-C, 8038, 8038-B, 8038-CP, 8038-G, 8038-GC, If periodicals are consolidated, check the box next to the 8038-R, 8038-T, 8038-TC, 8328, 8718, 8282, 8453-TE, 8453-X, periodical name, and attach a statement showing the name of 8868, 8870, 8871, 8872, 8879-TE, 8886-T, and 8899 and their each periodical in the consolidated group. The attached schedules; and all the forms tax-exempt organizations attach to statement should include the amounts that correspond to their tax returns. Time spent and out-of-pocket costs are information for lines 2 through 4. Attach a separate statement for presented separately. Time burden includes the time spent the consolidated group of publications that includes the amounts preparing to file and to file, with recordkeeping representing the corresponding to the information for lines 5 through 8. largest component. Out-of-pocket costs include any expenses incurred by taxpayers to prepare and submit their tax returns. Part X. Compensation of Officers, Examples include tax return preparation and submission fees, Directors, and Trustees postage and photocopying costs, and tax preparation software costs. Note that these estimates do not include burden Complete columns 1 through 4 for those officers, directors, and associated with post-filing activities. IRS operational data trustees whose salaries or other compensation are allocable to indicate that electronically prepared and filed returns have fewer unrelated business gross income. Don't include in column 4 arithmetic errors, implying lower post-filing burden. compensation that is deducted on Schedule A, Part II, lines 2 and 14, or any line of Schedule A, Parts III through IX. Reported time and cost burdens are national averages and do not necessarily reflect a “typical” case. Most taxpayers Part XI. Supplemental Information experience lower than average burden, with taxpayer burden Use Part XI to explain the organization’s operations, to provide varying considerably by taxpayer type. For instance, the information for lines that don’t have an embedded attachment to estimated average time burden for all taxpayers filing Forms capture the information to supplement information provided on 990, 990-EZ, 990-PF, 990-T, and 990-N and related forms is an embedded attachment, or to provide any other information in 32.8 hours, with an average cost of $921 per return. This support of amounts reported on Schedule A. An organization average includes all associated forms and schedules, across all that associated unrelated trade or business activity with a preparation methods and taxpayer activities. different NAICS or Business Activity Code in a prior year than Instructions for Form 990-T -27- |
Page 28 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Fiscal Year 2023 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 330,400 245,200 122,700 239,600 743,800 Estimated Average Total Time (Hours) 107 64 53 46 5 Estimated Average Total Out-of-Pocket Costs $2,600 $600 $1,900 $2,100 $20 Estimated Average Total Monetized Burden $8,700 $1,400 $4,100 $5,600 $90 Estimated Total Time (Hours) 35,780,000 15,770,000 6,510,000 10,940,000 3,720,000 Estimated Total Out-of-Pocket Costs $867,200,000 $118,600,000 $237,200,000 $512,700,000 $13,800,000 Estimated Total Monetized Burden $2,916,100,000 $335,200,000 $501,300,000 $1,346,200,000 $64,800,000 Note: Amounts above are for FY2023. 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 Internet, You can access the IRS website 24 hours a day, 7 about this publication and suggestions for future editions. You days a week, at IRS.gov to do the following. can send us comments through IRS.gov/FormComments. Or • Download forms and publications. you can write to: • Order IRS products online. • Research your tax questions online. Internal Revenue Service • Search publications online by topic and keyword. Tax Forms and Publications Division • Use online Internal Revenue Code (IRC), Regulations, or 1111 Constitution Ave. NW, IR-6526 other official guidance. Washington, DC 20224 • View Internal Revenue Bulletins (IRBs) published in the last years. Although we can't respond individually to each comment • Sign up to receive local and national tax news by email. To received, we do appreciate your feedback and will consider your subscribe, go to IRS.gov/Charities. comments and suggestions as we revise our tax forms, instructions, and publications. Don't send tax questions, tax Ordering Forms and Publications returns, or payments to the above address. Getting tax forms, instructions, and publications, Go to Photographs of missing children, The IRS is a proud partner IRS.gov/Forms to download current and prior-year forms, with the National Center for Missing & Exploited Children. instructions, and publications. Photographs of missing children selected by the Center may Ordering tax forms and publications, Go to IRS.gov/Order- appear in instructions on pages that would otherwise be blank. products to order current forms, instructions, and publications; You can help bring these children home by looking at the call 800-829-3676 to order prior-year forms and instructions. The photographs and calling 1-800-THE-LOST (1-800-843-5678) if IRS will process your order for forms and publication as soon as you recognize a child. possible. Don’t resubmit requests you’ve already sent us. You Phone help, If you have questions and/or need help completing can get forms and publications faster online. this form, call 877-829-5500. This toll-free telephone service is available Monday through Friday. -28- Instructions for Form 990-T |
Page 29 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 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/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 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 with “9” are not part of the NAICS and are Appendix A. Definitions business 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/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 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 activities); or complete Form 990-T, Part I, line 4. any 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 $11.70 (per Rev. Proc. 2021-45, by the due date (including extensions) of during the tax year. Attach a declaration 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/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. charitable deduction property made • Form 8975, Country-by-Country within 3 years after the donor contributed Appendix C. Public Report. the property. See the instructions for Form 8282. Inspection of Form How does a 501(c)(3) organization make its annual returns available for Special rules for contributions of cer- 990-T Returns Filed by public inspection? A 501(c)(3) tain easements in registered historic organization must make its annual districts. The following rules apply to Section 501(c)(3) returns available in two ways. certain contributions of real property Organizations • By office visitation. interests located in a registered historic • By providing copies or making them district. Public inspection requirements of widely available. • A deduction is allowed for the qualified section 501(c)(3) organizations. Public inspection by office visitation. real property interest, if the exterior of the Under section 6104(d), a section 501(c) A 501(c)(3) organization must make its building (including the front, side, rear, (3) organization that files Form 990-T annual returns available for public and space above the building) is must make its entire annual exempt inspection without charge at its principal, preserved and no portion of the exterior organization business income tax return regional, and district offices during is changed in a manner that is (including amended returns) available for regular business hours. inconsistent with its historical character. public inspection. See section 170(h)(4)(B). The Form 990-T and related Conditions that may be set for public • A deduction is allowed on the building schedules must be made available for inspection at the office. A 501(c)(3) only (no deduction is allowed for a public inspection for a period of 3 years organization: structure or land) if located in a registered from the date the Form 990-T is required • May have an employee present, historic district. However, if listed in the to be filed, including any extension. • Must allow the individual conducting National Register, a deduction is also the inspection to take notes freely during allowed for structures or land areas. See What schedules and attachments to the inspection, and section 170(h)(4)(C). Form 990-T must be made available • Must allow an individual to make • The organization must also include the for public inspection? Only schedules, photocopies of documents at no charge following information with the tax return. attachments (statements), and but only if the individual brings 1. A qualified appraisal (as defined in supporting documents that relate to the photocopying equipment to the place of imposition of tax on UBTI must be made section 170(f)(11)(E)) of the qualified inspection. available for public inspection when property interest. Determining if a site is a regional or attached to a section 501(c)(3) 2. Photographs of the entire exterior organization's Form 990-T filed after district office. A regional or district of the building. August 17, 2006. office is any office of a 501(c)(3) organization, other than its principal 3. A description of all restrictions on The following documents, when office, that has paid employees whose the development of the building. See attached to a section 501(c)(3) total number of paid hours a week are section 170(h)(4)(B)(iii). organization's Form 990-T filed after normally 120 hours or more. Include the • The organization's deduction may be August 17, 2006, aren't required to be hours worked by part-time (as well as reduced if rehabilitation credits were made available for public inspections. full-time) employees in making that claimed on the building. See section • Form 926, Return by a U.S. Transferor determination. 170(f)(14). of Property to a Foreign Corporation. What sites aren't considered a • A $500 filing fee may apply to certain • Form 5471, Information Return of U.S. regional or district office. A site isn't deductions over $10,000. See section Persons With Respect to Certain Foreign considered a regional or district office if: 170(f)(13). Corporations. • Form 8271, Investor Reporting of Tax 1. The only services provided at the Reduced deductions for contributions Shelter Registration Number. site further the organization's exempt for certain property. The organization • Form 8594, Asset Acquisition purposes (for example, daycare, health must reduce its deduction for Statement Under Section 1060. care, or scientific or medical research); contributions of certain capital gain • Form 8621, Information Return by a and property and qualified appreciated stock. Shareholder of a Passive Foreign 2. The site doesn’t serve as an office See sections 170(e)(1) and 170(e)(5). Investment Company or Qualified for management staff, other than Special rules for corporations. A Electing Fund. managers who are involved only in larger deduction is allowed for certain • Form 8832, Entity Classification managing the exempt function activities contributions of: Election. at the site. • Inventory and other property to certain • Form 8858, Information Return of U.S. organizations for use in the care of the ill, Persons With Respect to Foreign What if the 501(c)(3) organization needy, or infants (including contributions Disregarded Entities. doesn’t maintain a permanent office? of apparently wholesome food (see • Form 8865, Return of U.S. Person If the 501(c)(3) organization doesn’t section 170(e)(3)(C))); and With Respect to Certain Foreign maintain a permanent office, it will • Scientific equipment used for research Partnerships. comply with the public inspection by to institutions of higher learning or to • Form 8886, Reportable Transaction office visitation requirement by making certain scientific research organizations Disclosure Statement. the annual returns available at a (see section 170(e)(4)). • Form 8913, Credit for Federal reasonable location of its choice. It must Telephone Excise Tax Paid. permit public inspection: See section 170, the related • Form 8925, Report of • Within a reasonable amount of time regulations, and Pub. 526, Charitable Employer-Owned Life Insurance after receiving a request for inspection Contributions. Contracts. (normally, not more than 2 weeks), and • Form 8941, Credit for Small Employer • At a reasonable time of day. Health Insurance Premiums. Optional method of complying. If a 501(c)(3) organization that doesn’t have -32- |
Page 33 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. a permanent office wishes not to allow an Use of local agents for providing • Postmark date on the sender's receipt inspection by office visitation, it may mail copies. A 501(c)(3) organization may for certified or registered mail, or a copy of the requested documents use a local agent to handle in-person • Day the email is successfully instead of allowing an inspection. requests for document copies. If a 501(c) transmitted (if the requester agreed to However, it must mail the documents (3) organization uses a local agent, it this method). within 2 weeks of receiving the request must immediately provide the local Requests for parts of a document and may charge for copying and postage agent's name, address, and telephone copy. A person can request all or any only if the requester consents to the number to the requester. specific part or schedule of the annual charge. The local agent must: returns and the 501(c)(3) organization 501(c)(3) organizations with a • Be located within reasonable proximity must fulfill their request for a copy. permanent office but limited or no to the principal, regional, or district office Can an agent be used to provide hours. Even if a 501(c)(3) organization where the individual makes the request; copies? A 501(c)(3) organization can has a permanent office but no office and use an agent to provide document copies hours or very limited hours during certain • Provide document copies within the for the written requests it receives. times of the year, it must still meet the same time frames as the 501(c)(3) However, the agent must provide the office visitation requirement. To meet this organization. document copies under the same requirement during those periods when conditions that are imposed on the 501(c) office hours are limited or not available, Written requests for document cop- (3) organization itself. Also, if an agent follow the rules under What if the 501(c) ies. If a 501(c)(3) organization receives fails to provide the documents as (3) organization doesn’t maintain a a written request for a copy of its annual required, the 501(c)(3) organization will permanent office, earlier. returns (or parts of these documents), it continue to be subject to penalties. must give a copy to the requester. Public Inspection—Providing However, this rule only applies if the Example. The ABC Organization request: retained an agent to provide copies for all Copies • Is addressed to a 501(c)(3) written requests for documents. A 501(c)(3) organization must provide organization's principal, regional, or However, the ABC Organization received copies of its annual returns to any district office; a request for document copies before the individual who makes a request for a • Is delivered to that address by mail, agent did. copy in person or in writing unless it electronic mail (email), facsimile (fax), or The deadline for providing a response makes these documents widely a private delivery service approved by is referenced by the date that the ABC available. the IRS (see Private Delivery Service, Organization received the request and In-person requests for document cop- earlier, for a list); and not when the agent received it. If the ies. A 501(c)(3) organization must • Gives the address to which the agent received the request first, then a provide copies to any individual who document copies should be sent. response would be referenced to the makes a request in person at the 501(c) How and when a written request is date that the agent received it. (3) organization's principal, regional, or fulfilled. Can a fee be charged for providing district office during regular business • Requested document copies must be copies? A 501(c)(3) organization may hours on the same day that the individual mailed within 30 days from the date the charge a reasonable fee for providing makes the request. 501(c)(3) organization receives the copies. Also, it can require the fee to be Accepted delay in fulfilling an request. paid before providing a copy of the in-person request. If unusual • Unless other evidence exists, a requested document. circumstances exist and fulfilling a request or payment that is mailed is What is a reasonable fee? A fee is request on the same day places an considered to be received by the 501(c) reasonable only if it is no more than the unreasonable burden on the 501(c)(3) (3) organization 7 days after the per-page copying fee charged by the IRS organization, it must provide copies by postmark date. for providing copies, plus no more than the earlier of: • If an advance payment is required, the actual postage costs incurred to • The next business day following the copies must be provided within 30 days provide the copies. day that the unusual circumstances end, from the date payment is received. What forms of payment must the or • If the 501(c)(3) organization requires 501(c)(3) organization accept? The • The fifth business day after the date of payment in advance and it receives a form of payment depends on whether the the request. request without payment or with request for copies is made in person or in insufficient payment, it must notify the writing. Examples of unusual circumstances requester of the prepayment policy and include: the amount due within 7 days from the Cash and money orders must be • Receipt of a volume of requests (for date it receives the request. accepted for in-person requests for document copies) that exceeds the • A request that is transmitted to the document copies. The 501(c)(3) 501(c)(3) organization's daily capacity to 501(c)(3) organization by email or fax is organization, if it wishes, may accept make copies, considered received the day the request additional forms of payment. • Requests received shortly before the is transmitted successfully. Certified check, money order, and end of regular business hours that • Requested documents can be emailed either personal check or credit card must require an extensive amount of copying, instead of the traditional method of be accepted for written requests for or mailing if the requester consents to this document copies. The 501(c)(3) • Requests received on a day when the method. organization, if it wishes, may accept 501(c)(3) organization's managerial staff additional forms of payment. capable of fulfilling the request is A document copy is considered as conducting official duties (for example, provided on the: Other fee information. If a 501(c)(3) student registration or attending an • Postmark date, organization provides a requester with off-site meeting or convention) instead of • Private delivery date, notice of a fee and the requester doesn’t its regular administrative duties. • Registration date for certified or pay the fee within 30 days, the 501(c)(3) registered mail, organization may ignore the request. -33- |
Page 34 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If a requester's check doesn’t clear on How does a 501(c)(3) organization • Has procedures for ensuring the deposit, the 501(c)(3) organization may make its annual returns widely availa- reliability and accuracy of the document ignore the request. ble? A 501(c)(3) organization's annual that it posts on the page; If a 501(c)(3) organization doesn’t returns are widely available if it meets all • Takes reasonable precautions to require prepayment and the requester four of the following requirements. prevent alteration, destruction, or accidental loss of the document when doesn’t prepay, the 501(c)(3) 1. The Internet posting requirement posted on its page; and organization must receive consent from is met if: Corrects or replaces the document if a • the requester if the copying and postage • The document is posted on an Internet posted document is altered, destroyed, charge exceeds $20. page that the 501(c)(3) organization or lost. 501(c)(3) organizations subject to a establishes and maintains, or harassment campaign. If the IRS • The document is posted as part of a 4. The notice requirement is met if a determines that a 501(c)(3) organization database of like documents of other 501(c)(3) organization notifies any is being harassed, it isn't required to tax-exempt organizations on an Internet individual requesting a copy of its annual comply with any request for copies that it page established and maintained by return where the documents are available reasonably believes is part of the another entity. (including the Internet address). If the request is made in person, the 501(c)(3) harassment campaign. 2. An additional posting information organization must notify the individual A group of requests for a 501(c)(3) requirement is met if: immediately. If the request is in writing, it organization's annual return is indicative • The Internet page through which the must notify the individual within 7 days of of a harassment campaign if the requests document is available clearly informs receiving the request. are part of a single coordinated effort to readers that the document is available disrupt the operations of the 501(c)(3) and provides instructions for Penalties organization rather than to collect downloading the document; information about it. • After it is downloaded and viewed, the A penalty may be imposed on any person web document exactly reproduces the who doesn’t make the annual returns Requests that may be disregarded image of the annual return as it was (including all required attachments) without IRS approval. A 501(c)(3) originally filed with the IRS, except for available for public inspection according organization may disregard any request any information permitted by statute to be to the section 6104(d) rules discussed for copies of all or part of any document withheld from public disclosure; and earlier. If more than one person fails to beyond the first two received within any • Any individual with access to the comply, each person is jointly and 30-day period or the first four received Internet can access, download, view, and severally liable for the full amount of the within any 1-year period from the same print the document without special penalty. The penalty amount is $20 for individual or the same address. computer hardware or software required each day during which a failure occurs. for that format (except software that is The maximum penalty that may be Making the Annual Returns readily available to members of the public imposed on all persons for any one Widely Available without payment of any fee) and without annual return is $10,000. A 501(c)(3) organization doesn’t have to payment of a fee to the 501(c)(3) Any person who willfully fails to provide copies of its annual returns if it organization or to another entity comply with the section 6104(d) public makes these documents widely maintaining the web page. inspection requirements is subject to an available. However, it must still allow 3. The reliability and accuracy additional penalty of $5,000. public inspection by office visitation. requirements are met if the entity maintaining the Internet page: -34- |
Page 35 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Estimated Tax Payments 11 Other tax amounts: A Estimated Tax Penalty 12 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 18 Income from qualifying shipping P Alternative Minimum Tax (Trusts activities. 15 Partnerships 17 Only) 10 Passive loss and at-risk Passive foreign investment company Amortization 20 limitations. 15 (PFIC) shareholders 18 Annual return 30 Exploited Exempt Activity Income, Payment card and third party network Other Than Advertising Income 26 Appendix A. Definitions 30 transactions 15 Proxy Tax 10 Appendix B. Charitable Contribution F Public Inspection Requirements of Deduction 31 Appendix C. Public Inspection of Foreign Organizations 11 Section 501(c)(3) 7 Form 990-T Returns Filed by Foreign Tax Credit 10 Purpose of Form 2 Section 501(c)(3) Organizations 7 G R B Gain or loss on disposition of certain Recapture of investment credit: Backup Withholding 11 brownfield property 16 Recapture of low-income housing Biodiesel and Renewable Diesel General Business Credit: credit: Fuels Credit 18 Refundable small employer tax Interest due under the look-back credit 10 method. 11 C Gross Receipts or Sales: Recoveries of bad debts deducted 18 Capital Gain Net Income 16 Advance payments: Rent Income 23 Capital Loss Deduction for Trusts 17 Installment sales Reporting 990-T Information on Other Returns 7 Certain Activities and Other Information: I Rounding Off to Whole Dollars 7 Signature or other authority over a Income from property financed with S financial account in a foreign qualified 501(c)(3) bonds 18 country: Income or (Loss) From a Partnership S Corporations: Report of Foreign Bank and or an S Corporation 17 Qualified tax-exempts: Financial Accounts (FBAR) Interest 21 Exception 17 Change in address: Interest, Annuities, Royalties, and Section 199A Deduction 9 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 19 Qualified ABLE Program 8 Qualifying specified payment 25 Interest expense 19 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 11 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 13 Cost of Goods Sold 22 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 11 N D T Name and Address: Tax and Payments 10 Debt-financed property Change of name. 8 Tax Due: disposition 16 Net Gain or (Loss) 17 Pay by credit or debit card: Deduction for Net Operating Loss 9 Net Operating Loss (NOL) 22 IRS.gov/E-pay 12 Deductions Not Taken Elsewhere: Nonaccrual experience method 16 Tax on Noncompliant Facility Directly connected expenses 19 Income 10 Depletion 21 O Tax Rate Schedule for Trusts 9 Disposition of property received from taxable subsidiary 17 Organizations described in section Total of Unrelated Business Taxable Disregarded entity 2 501(c)(19) 18 Income Computed From all Organizations Taxable as Unrelated Trades or Businesses 9 Corporations. 9 Total Tax 11 E Total Unrelated Business Taxable Other Credits 10 Employer-owned life insurance Other Deductions: Income 9 contracts 18 Extraterritorial income exclusion 22 Travel, Meals, and Entertainment 20 -35- |
Page 36 of 36 Fileid: … ions/i990t/2022/a/xml/cycle08/source 12:17 - 7-Mar-2023 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 2 Qualified Business Income Deduction: Purpose of the Schedule 13 Determines the unrelated business income separately for each W unrelated trade or business 9 When are section 263A capitalized costs deductible: U Exceptions 19 Unrelated Debt-Financed Income 23 -36- |