Userid: CPM Schema: instrx Leadpct: 100% Pt. size: 9 Draft Ok to Print AH XSL/XML Fileid: … ns/I1023/202001/A/XML/Cycle07/source (Init. & Date) _______ Page 1 of 40 11:55 - 3-Feb-2020 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 Instructions for Form 1023 (Rev. January 2020) Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code Section references are to the Internal Revenue Contents Page How To Get Forms and Code unless otherwise noted. Revenue Code Section Publications Contents Page 508(e) . . . . . . . . . . . . . . . . . . 27 Future Developments . . . . . . . . . . . . 1 Appendix C: Glossary of Terms . . . . 29 Internet. You can access the IRS website What's New . . . . . . . . . . . . . . . . . . 1 Appendix D: National Taxonomy of 24 hours a day, 7 days a week, at IRS.gov Overview of Organizations Exempt Entities (NTEE) to do the following. Described in Section 501(c) Codes . . . . . . . . . . . . . . . . . 37 • Download forms, instructions, and (3) . . . . . . . . . . . . . . . . . . . . . 1 Index . . . . . . . . . . . . . . . . . . . . . 40 publications. General Instructions . . . . . . . . . . . . . 2 • Order IRS products online. Note. Keep a copy of the completed • Research your tax questions online. Answers . . . . . . . . . . . . . . . . . . . . 2 Form 1023 for your permanent records. • Search publications by topic or Purpose of Form . . . . . . . . . . . . . . . 3 keyword. What To File . . . . . . . . . . . . . . . . . 3 Use the online Internal Revenue Code, • When To File . . . . . . . . . . . . . . . . . 4 Future Developments regulations, or other official guidance. Filing Assistance . . . . . . . . . . . . . . . 4 For the latest information about • View Internal Revenue Bulletins (IRBs) Signature Requirements . . . . . . . . . . 4 developments related to Form 1023 and published since 1995. Authorized Representative . . . . . . . . 4 its instructions, such as legislation • Sign up at IRS.gov/Charities-Non- Public Inspection . . . . . . . . . . . . . . . 4 enacted after they were published, go to Profits to receive local and national tax Foreign Organizations . . . . . . . . . . . 5 IRS.gov/Form1023. news by email. Specific Instructions . . . . . . . . . . . . . 6 Reminder Tax forms and publications. You can Part I. Identification of Applicant . . . . . 6 download or print all of the forms and Part II. Organizational Structure . . . . . 6 Don't include social security numbers on publicly disclosed forms. Because publications you may need at IRS.gov/ Part III. Required Provisions in the IRS is required to disclose approved FormsPubs. Otherwise, you can go to Your Organizing Document . . . . . 7 IRS.gov/OrderForms to place an order exemption applications and information Part IV. Your Activities . . . . . . . . . . . 8 returns, don't include social security and have forms mailed to you. You should Part V. Compensation and Other numbers on this form. Documents subject receive your order within 10 business Financial Arrangements . . . . . . 10 days. to disclosure include supporting Part VI. Financial Data . . . . . . . . . . 11 information filed with the form and Part VII. Foundation correspondence with the IRS about the Classification . . . . . . . . . . . . . 13 filing. Overview of Organizations Part VIII. Effective Date . . . . . . . . . . 15 Described in Section Part IX. Annual Filing Phone Help 501(c)(3) Requirement . . . . . . . . . . . . . 15 If you have questions and/or need help Part X. Signature . . . . . . . . . . . . . . 16 completing Form 1023, please call How To Request Recognition of Schedule A. Churches . . . . . . . . . . 16 877-829-5500. This toll-free telephone Tax-Exempt Status Under Schedule B. Schools, Colleges, service is available Monday through and Universities . . . . . . . . . . . 17 Friday. Section 501(c)(3) Schedule C. Hospitals and Section 501(c)(3) describes organizations Medical Research Email Subscription organized and operated exclusively for Organizations . . . . . . . . . . . . . 18 The IRS provides a subscription-based religious, charitable, scientific, testing for Schedule D. Section 509(a)(3) email service for tax professionals and public safety, literary, or educational Supporting Organizations . . . . . 20 representatives of tax-exempt purposes, or to foster national or Schedule E. Effective Date . . . . . . . 21 organizations. We send subscribers international amateur sports competition, Schedule F. Low-Income periodic updates regarding exempt or for the prevention of cruelty to children Housing . . . . . . . . . . . . . . . . 22 organization tax law and regulations, or animals. Unless an exception applies, Schedule G. Successors to Other available services, and other information. an organization must file Form 1023 or Organizations . . . . . . . . . . . . . 22 To subscribe, visit IRS.gov/Charities. Form 1023-EZ (if eligible) to obtain Schedule H. Organizations recognition of exemption from federal Providing Scholarships, income tax under section 501(c)(3). You Fellowships, Educational What's New can find information about eligibility to file Loans, or Other Educational Grants to Individuals and Organizations requesting recognition of Form 1023-EZ at IRS.gov/Charities. Private Foundations tax-exempt status under section 501(c)(3) Requesting Advance must complete and submit their Form Organizations not required to Approval of Individual Grant 1023 (or Form 1023-EZ, if eligible) obtain recognition of exemption. The Procedures . . . . . . . . . . . . . . 22 applications electronically (including following types of organizations may be Appendix A: Sample Conflict of paying the correct user fee) using considered tax exempt under section Interest Policy . . . . . . . . . . . . . 25 Pay.gov. 501(c)(3) without filing Form 1023 (or Appendix B: States With Statutory Form 1023-EZ). Provisions Satisfying the • Churches, including synagogues, Requirements of Internal temples, and mosques. Feb 03, 2020 Cat. No. 17132z |
Page 2 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • Integrated auxiliaries of churches and attempting to influence legislation or if it contribution deductions and attracting conventions or associations of churches. directly or indirectly participates or grants from private foundations. In order to • Any organization that has gross intervenes in any political campaign on be classified as a private operating receipts in each tax year of normally not behalf of (or in opposition to) any foundation, an organization must meet more than $5,000. For more information candidate for elective public office. These certain support tests. Search for “private on gross receipts exceptions, go to issues are described in more detail in the operating foundations” at IRS.gov for more IRS.gov/Charities. instructions for Part IV, lines 5 and 6. information. Even though these organizations aren't Key distinctions between public chari- required to seek recognition of exemption, Public Charities and Private ties and private foundations. they may choose to file Form 1023 (or Foundations Foundation classification is important Form 1023-EZ, if eligible) to receive a because different tax rules apply to the determination letter stating they are Every organization described in section operations of each entity. For more recognized as exempt under section 501(c)(3) is classified as a private information on the different rules, see 501(c)(3) status. The determination letter foundation unless it qualifies for one of IRS.gov/Charities-Non-Profits/EO- will also state whether an organization the public charity exceptions. For some Operational-Requirements-Private- must file annual information returns or organizations, the primary distinction Foundations-and-Public-Charities. notices and will specify whether between a public charity and a private contributions to that organization are tax foundation is its sources of financial Foundation classification has deductible. support. TIP nothing to do with the name of the organization. Many organizations Public charities. The following section that aren't private foundations include the Requirements for Tax-Exempt 501(c)(3) organizations are classified as word “foundation” in their names. Status Under Section 501(c)(3) public charities. • Organizations that are public charities To qualify for exemption under section based upon their activities (without regard State Registration Requirements 501(c)(3), an organization must be to their sources of support), such as organized and operated exclusively for churches, schools, hospitals, medical Tax exemption under section 501(c)(3) is one or more exempt purposes. research organizations, and cooperative a matter of federal law. After receiving Organized. An organization must be hospital service organizations and federal tax exemption, an organization organized as a corporation, a limited agricultural research organizations may also be required to register with one liability company (LLC), an (sections 509(a)(1) and 170(b)(1)(A)(i), or more states where it holds assets or unincorporated association, or a trust. (ii), (iii), and (ix)). where it will solicit contributions. The Its organizing document (corporate • Organizations that normally receive organization may also need to seek articles of incorporation, LLC articles of substantial support from grants, exemption from state taxes. The National organization, articles of association or governmental units, and/or contributions Association of State Charity Officials constitution of an unincorporated from the general public (sections 509(a)(1) (NASCO) maintains a website that association, or trust agreement or and 170(b)(1)(A)(iv) and (vi)). provides informational links to the various declaration of trust) must limit the • Organizations that normally receive states for these purposes. It can be organization's purpose(s) and more than one-third of their support from accessed at www.nasconet.org . permanently dedicate its assets to exempt contributions, membership fees, and purposes. gross receipts from activities related to General Instructions their exempt functions, and not more than Operated. An organization described in one-third of their support from gross Social Security number. Don't enter section 501(c)(3) must be operated to investment income and net unrelated social security numbers on this form or further one or more of the exempt business income (section 509(a)(2)). any attachments because the IRS is purposes stated in its organizing • Organizations that support other public required to disclose approved exemption document. Certain other activities are charities (supporting organizations) applications and information returns. prohibited or restricted, including, but not (section 509(a)(3)). Documents subject to disclosure include limited to, the following activities. A • Organizations that test for public safety supporting information filed with the form section 501(c)(3) organization must: (section 509(a)(4)). and correspondence with the IRS related • Absolutely refrain from participating in to the application. the political campaigns of candidates for Private foundations. Section 501(c)(3) local, state, or federal office; organizations that don’t fit into any of the “You” and “us.” Throughout these • Ensure its assets and earnings don’t foundation classifications above are instructions and Form 1023, the terms unjustly enrich board members, officers, private foundations. Private foundations “you” and “your” refer to the organization key management employees, or other are further classified as nonoperating that is applying for tax-exempt status. The insiders; private foundations or private operating terms “us” and “we” refer to the IRS. • Not further non-exempt purposes (such foundations (section 4942(j)(3)). Definitions. Terms in bold type in Form as purposes that benefit private interests) Nonoperating private foundations. 1023 are defined throughout these more than insubstantially; Nonoperating private foundations instructions and in Appendix C. • Not operate for the primary purpose of generally accomplish their exempt conducting a trade or business that isn’t purpose by making grants and don’t Answers related to its exempt purpose(s); otherwise engage directly in charitable Form 1023 asks you to answer a series of • Not engage in activities that are illegal activities. questions and provide information to or violate fundamental public policy; and assist us in determining if you meet the • Limit its legislative activities. Private operating foundations. A requirements for tax exemption under private operating foundation actively section 501(c)(3). Answer questions Legislative and political campaign in- conducts exempt programs. Private completely. If you believe you previously tervention. Section 501(c)(3) denies operating foundations are subject to more answered the question, you may refer to exemption to an organization if a favorable rules than other private your previous answer. substantial part of its activities is foundations in terms of charitable -2- Instructions for Form 1023 |
Page 3 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Your answers must provide Eligibility Worksheet in the Instructions for User fee amounts are listed in Rev. ! sufficient detail about your past, Form 1023-EZ to determine if you're Proc. 2020-5, updated annually. For the CAUTION present, and planned activities to eligible to file Form 1023-EZ. You can visit current Form 1023 user fee, go to Rev. demonstrate that you're described in IRS.gov/Charities for more information on Proc. 2020-5, 2020-1 I.R.B. 241, at section 501(c)(3). We won't be able to application requirements. IRS.gov/Charities-Non-Profits/User-Fees- recognize you as tax exempt based on a for-Tax-Exempt-and-Government-Entities- mission statement (such as providing Leaving a group exemption. A Division. You can also call 877-829-5500. assistance to the poor) unless you also subordinate organization under a group describe the activities that further exemption can use Form 1023 to leave the Group Exemption accomplish your mission. We need to group and obtain individual exemption. If Don't use Form 1023 to apply for a group understand the specific activities you will you're a subordinate organization and exemption. We may issue to a central undertake to accomplish your section wish to leave a group, you should notify organization a group exemption that 501(c)(3) exempt purpose(s). your parent organization of your intention recognizes on a group basis the to leave the group ruling before filing Form exemption of subordinate organizations Financial data. Financial data, whether 1023. on whose behalf the central organization budgeted or actual, should be consistent has applied. See Pub. 557 for information with other information presented in your Application for Reinstatement on how to apply for a group exemption. application. of Exempt Status and For example, if you're requesting public Retroactive Reinstatement What To File charity classification under one of the If your tax-exempt status was All applicants, unless otherwise noted, public support tests, your financial data automatically revoked for failure to file a must complete Parts I through X of Form should show contributions from the public return or notice 3 consecutive years, you 1023, plus any required schedules and or receipts from providing exempt must apply to have your tax-exempt status attachments. services. Budgeted financial data should reinstated. You must complete and submit The following organizations must be prepared based upon your current Form 1023, including Schedule E (or, if complete additional schedules to Form plans. We recognize that your actual eligible, Form 1023-EZ), and pay the 1023. financial results may vary from the appropriate user fee. budgeted amounts. If your application is approved, your THEN you Past, present, and planned activities. date of reinstatement will generally be the must Many items on Form 1023 are written in filing date of the application, unless you complete the present tense; however, base your qualify for reinstatement of exemption IF you’re Schedule answers on your past, present, and retroactive to your date of automatic planned activities. revocation. See Rev. Proc. 2014-11, A church . . . . . . . . . . . A Language and currency requirements. 2014-03 I.R.B. 411 for details, including A school, college, or Prepare Form 1023 and attachments in additional requirements for retroactive university . . . . . . . . . . B English. Provide an English translation if reinstatement. A hospital or medical the articles of organization, bylaws, or any Requesting Expedited Review research organization . . C other attachments are in any other language. We generally review applications for A section 509(a)(3) exemption in the order we receive them. supporting Report financial information in U.S. We only expedite processing of an organization . . . . . . . . D dollars (specify the conversion rate used). application where a written request Combine amounts from within and outside presents a compelling reason for Filing this application more the United States and report the total for processing the application ahead of than 27 months from your each on the financial statements. others. This does not mean your date of formation and/or application will be immediately approved applying for reinstatement Purpose of Form or denied. Circumstances generally of tax-exempt status after warranting expedited processing include being automatically Completed Form 1023 required to ap- revoked . . . . . . . . . . . E the following. ply for recognition of section 501(c)(3) exemption. Use Form 1023, including • A grant to the applicant is pending and A low-income housing the failure to secure the grant may have an the appropriate user fee, to apply for organization . . . . . . . . F adverse impact on the organization's recognition of exemption from federal A successor to other ability to continue operations. income tax under section 501(c)(3). If organizations . . . . . . . . G approved, we will issue a determination • The purpose of the newly created organization is to provide disaster relief to letter that describes your tax-exempt An organization providing victims of emergencies such as floods and status and your qualification to receive scholarships, fellowships, hurricanes. tax-deductible charitable contributions. educational loans, or other The determination letter will also show • An IRS error has caused delays in educational grants to review of the application. your specific foundation classification individuals and/or a private (described earlier) and annual filing User Fee foundation requesting requirements. The law requires payment of a user fee approval of individual grant Form 1023-EZ. You may be with each application. You must pay this procedures . . . . . . . . . H TIP eligible to file Form 1023-EZ, fee through Pay.gov when you file Form Streamlined Application for 1023. Recognition of Exemption Under Section Payments can be made directly from 501(c)(3) of the Internal Revenue Code, your bank account or by credit or debit Attachments To Form 1023 which is a streamlined version of Form card. You won't be able to submit Form A complete application will include one or 1023. Complete the Form 1023-EZ 1023 without paying the correct fee. more documents in addition to Form 1023. Instructions for Form 1023 -3- |
Page 4 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Pay.gov can accommodate only one • Pub. 526, Charitable Contributions. Additional information needed. If we uploaded file. Before submitting Form • Pub. 557, Tax-Exempt Status for Your can’t make a determination without more 1023, consolidate your attachments into a Organization. information, we’ll write or call you. single PDF file. Combine your • Pub. 598, Tax on Unrelated Business Examples of the types of questions we attachments in the following order. Income of Exempt Organizations. may ask you are available at IRS.gov/ • Organizing document (required). • Pub. 1771, Charitable Contributions Charities-Non-Profits/Charitable- • Amendments to your organizing Substantiation and Disclosure Organizations/Exempt-Organization- document in chronological order (required Requirements. Sample-Questions. If the additional if applicable). • Pub. 1828, Tax Guide for Churches and information you provide shows that you • Bylaws or other rules of operation and Religious Organizations. meet the requirements for exemption, we'll amendments (if adopted). • Pub. 3079, Tax-Exempt Organizations send you a determination letter stating that • Form 2848, Power of Attorney and and Gaming. you're exempt under section 501(c)(3). If Declaration of Representative (if • Pub. 3833, Disaster Relief: Providing we determine that you don't qualify for applicable). Assistance Through Charitable exemption, we will send you a letter that • Form 8821, Tax Information Organizations. explains our position and your appeal Authorization (if applicable). • Pub. 4220, Applying for 501(c)(3) rights. • Supplemental responses (if your Tax-Exempt Status. response won't fit in the provided text • Pub. 4221-PC, Compliance Guide for Annual Return or Notice While field) and any additional information you 501(c)(3) Public Charities. Your Application Is Pending want to provide to support your request • Pub. 4221-PF, Compliance Guide for Unless you qualify for an exception from (optional). 501(c)(3) Private Foundations. the requirement to file an annual return or • Expedite request (optional). notice, your filing obligations begin as Put your name and EIN on each page Signature Requirements soon as you were formed. If you have an of your supplemental response and An officer, director, trustee, or other official information return or tax return due while identify the part and line number to which who is authorized to sign for the your Form 1023 is pending, complete the the information relates. organization must digitally sign Form 1023 return, mark the “Application Pending” box at the end of Part X. The signature must in the heading, Item B, and submit the When To File be accompanied by the title or authority of return as indicated in those instructions. the signer and the date. Generally, if you file Form 1023 within 27 If you’re eligible to file a Form 990-N, months after the end of the month in which e-Postcard, call 877-829-5500 and you were legally formed, and we approve Authorized Representative request to be set up to allow filing of Form your application, the effective date of your Form 2848. Upload a completed Form 990-N (note, it takes the IRS up to 6 exempt status will be your legal date of 2848 if you want to authorize a weeks to update its records before you formation. representative to represent you regarding can file your Form 990-N). If you don’t file Form 1023 within 27 your application. An individual authorized You can find information on return filing months, the effective date of your exempt by Form 2848 may not sign the application requirements and exceptions in Pubs. 557 status will be the date you filed Form unless that person is also an officer, and 598 and in the instructions to the 1023. For exceptions and special rules, director, trustee, or other official who is annual returns listed in Figure 1. see Part VIII. Effective Date and authorized to sign the application. You may also be required to file Schedule E. A Centralized Authorization File TIP other returns, such as (CAF) number isn’t required to be How to File CAUTION! listed on Form 2848. employment tax returns or benefit plan returns, which aren't discussed here. As of January 31, 2020, the IRS requires that Form 1023 applications for Form 8821. Upload a completed Form If a Form 990-series return is due recognition of exemption be submitted 8821 if you want to authorize us to discuss ! while your application is pending, electronically online at Pay.gov. The IRS your application with the person you have CAUTION complete and submit the return will provide a 90-day grace period during appointed on that form. according to Form 990-series form's which it will continue to accept paper Form 8821 doesn’t authorize your instructions. versions of Form 1023. To submit Form appointee to advocate your position with 1023, you must: respect to the federal tax laws; to execute 1. Register for an account on waivers, consents, or closing agreements; Public Inspection Pay.gov. or to otherwise represent you before the Information available for public in- IRS. If you want to authorize an individual spection. If we approve exempt status 2. Enter "1023" in the search box and to represent you, use Form 2848. under section 501(c)(3), the following select Form 1023. 3. Complete the form. After You Submit Form 1023 information that will be open for public inspection includes the following. Unless we approve a request for • Your complete Form 1023 and any Filing Assistance expedited processing, we will assign and supporting documents. For help in completing this form or general work your application in the order we • All correspondence between you and questions relating to an exempt received it. the IRS concerning Form 1023, including organization, you may access information No additional information needed. If Form 2848. on our website at IRS.gov/EO. our review shows that you meet the • Your determination letter. You may find the following publications requirements for tax-exempt status under • Annual information returns (Forms 990, available on IRS.gov helpful. section 501(c)(3), we’ll send you a 990-EZ, or 990-PF). determination letter stating that you’re • Schedule A, included with Forms 990 or • Pub. 517, Social Security and Other exempt under section 501(c)(3) and 990-EZ. Information for Members of the Clergy and identifying your foundation classification. • Schedule B, included with Forms 990 or Religious Workers. 990-EZ, excluding the names and -4- Instructions for Form 1023 |
Page 5 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. addresses of contributors and other Figure 1. 990 Series Forms Filed by Exempt Organizations identifying information about contributors. • Schedule B, included with Form 990-PF, including names, addresses, and Type of Annual Return Who Should File other identifying information about contributors. • Exempt Organization Business Income Form 990, Return of Organization Section 501(c)(3) public charities Tax Return (Form 990-T). Exempt from Income Tax Information not available for public inspection. The following items won’t be Form 990-EZ, Short Form Return of Section 501(c)(3) public charities whose open for public inspection. Organization Exempt from Income Tax gross receipts during the year were less • Any information relating to a trade than $200,000 and total assets at the secret, patent, style of work, or apparatus end of the year were less than $500,000 that, if released, would adversely affect you (we must approve withholding this Form 990-PF, Return of Private Private foundations, including private information). Foundation operating foundations, regardless of • Any other information that would financial status adversely affect national defense (we must approve withholding this Form 990-T, Exempt Organization Public charities and private foundations information). Business Income Tax Return that have gross unrelated business • User fee payment information. income of $1,000 or more • Contributors' names and addresses and identifying information about Form 990-N Electronic Notice Most small public charities with gross contributors included with Forms 990 or (e-Postcard) for Tax-Exempt receipts of $50,000 or less can file a 990-EZ and the Schedule B filed with Organizations Not Required to File Form Form 990-N, if they choose not to file a these forms. 990 or Form 990-EZ Form 990 or Form 990–EZ instead. When applying for tax-exempt status, you must clearly identify any information that isn’t open for public inspection by posted. To date, the IRS hasn’t approved U.S. sources are normally $50,000 or less marking it as “NOT SUBJECT TO PUBLIC any third-party websites for posting. and it hasn’t conducted significant activity INSPECTION” and include an explanation in the United States. See the Instructions See Pub. 557 for additional information of why you’re asking for the information to for Form 990 and Form 990-EZ, and the on public inspection requirements. be withheld. We will decide whether to Instructions for Form 990-PF for further withhold the identified information from information. A foreign organization that is public inspection. Foreign Organizations subject to unrelated business income tax Foreign organizations are those that were must file Form 990-T. Making documents available for public created in countries other than the United inspection. Both you and the IRS must States, its territories, or its possessions. Canadian Organizations make the information that is subject to Foreign organizations may apply for Canadian organizations that have disclosure available for public inspection. tax-exempt status on income earned in the received a Notification of Registration from The public may request a copy of the United States in the same way that the Canada Revenue Agency (formerly information available for public inspection domestic organizations apply for exempt Canada Customs and Revenue Agency), from us by submitting Form 4506-A. The status. See Language and currency and whose registrations haven’t been public may also request inspection of the requirements, above. revoked (“Canadian registered charities”), information or a copy of the information directly from you. If you’re a foreign organization applying are automatically recognized in the U.S. You may post the documents required for exempt status, you must complete all as section 501(c)(3) organizations and to be available for public inspection on required parts of Form 1023. However, aren’t required to file Form 1023. your own website. Information returns and see the special rules below for certain Canadian registered charities are also your exemption application materials must Canadian organizations. presumed to be private foundations. If you’re a Canadian registered charity and be posted exactly as filed with the IRS. Contributions by U.S. residents to want to be listed as a section 501(c)(3) You may only delete the information that TIP foreign organizations generally organization on IRS.gov or request isn’t open for public inspection. aren’t deductible. Tax treaties classification as a public charity rather If you post the documents on your between the U.S. and certain foreign than a private foundation, mail or fax the website, you can give any person countries provide specific limited information below to: requesting copies the website where the exceptions. documents may be found, but you don’t Internal Revenue Service need to provide copies of the information. Annual returns for foreign organiza- Exempt Organization Determinations However, even if these documents are tions. A foreign organization that obtains Room 6403 posted on your website, you must still exemption as a public charity must file an P.O. Box 2508 allow public inspection without charge at information return annually (Form 990 or Cincinnati, OH 45201 your main office during regular business Form 990-EZ). A foreign organization that (855) 204-6184 hours. is a private foundation must file Form Documents aren’t considered available 990-PF annually. However, a foreign No user fee is required. for public inspection on a website if the organization, other than a private • A letter stating the organization’s otherwise disclosable information is edited foundation or a section 509(a)(3) request (listing as a section 501(c)(3) or subject to editing by a third party when supporting organization, may file Form organization on IRS.gov or classification 990-N (e-Postcard) instead of Form 990 or as a public charity). Form 990-EZ when its gross receipts from Instructions for Form 1023 -5- |
Page 6 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • The legal name and complete mailing For a foreign address, enter your or trustees, check the box provided to add address of the organization. province or state and foreign postal code more officer, director, and/or trustee • The organization’s EIN. where indicated. information. • The month its tax year ends. The person who is signing Form 1023 Line 2. Employer Identification Num- • The organization’s date of formation. must be listed within the first five entries of ber (EIN). You must have your own EIN. • A contact name and telephone number. line 9. Enter the 9-digit EIN the IRS assigned to • The public charity status it is requesting you. If you don’t have an EIN, you must (if applicable) and information apply for one before submitting your demonstrating how it meets the Part II. Organizational application. You can find out how to apply requirements of that status (see Part VII, Structure for an EIN by visiting IRS.gov and search line 1, and related questions and You must be a corporation, limited liability for “apply for an EIN.” You may apply for schedules). company, unincorporated association, or an EIN online or by fax or mail. • This penalty of perjury statement: trust to be tax exempt under section International applicants may call I declare under the penalties of perjury 501(c)(3). Sole proprietorships, 267-941-1099 (toll call). that I have examined this request, partnerships, or loosely affiliated groups of including the accompanying documents, Don’t apply for an EIN more than individuals aren’t eligible. and to the best of my knowledge and TIP once. If you’re unsure of your EIN belief, the request contains all the relevant or whether you have one, call Line 1. Type of organization and copy facts relating to the request, and such 877-829-5500 for assistance. of organizing document. Select your type of organization, and before facts are true, correct, and complete. • The signature of an officer, director, Don’t use the EIN of a related or submitting the form, upload a copy of your organizing document (including any trustee, or other authorized person. ! other organization. amendments) as part of the required • A copy of the organization’s Notification CAUTION attachment. of Registration. • Form 8833, Treaty-Based Return Line 3. Month tax year ends. Select the Corporation. A corporation is an entity Position Disclosure Under Section 6114 or month your tax year (annual accounting organized under a federal or state statute, 7701(b). period) ends. Your tax year (annual or a statue of federally recognized Indian accounting period) is the 12-month period tribal or Alaskan native government. on which your annual financial records are Organizations Created in U.S. based. Copy of organizing document (articles of incorporation and any Territories and Possessions Check your bylaws or other rules amendments). A corporation’s Organizations created in possessions and TIP of operation for consistency with organizing document is its “articles of territories of the U.S. are generally treated the tax year (annual accounting incorporation. ” If you formed under state as domestic organizations. If you were period) you enter here. statute, your articles of incorporation (and created in a U.S. possession or territory, any amendments) must show you must complete all required parts of Line 4. Person to contact. Enter the certification of filing. This means your Form 1023 to apply for exempt status name and title of the person you want us articles show evidence that on a specific under section 501(c)(3). to contact if we need more information. date they were filed with and approved by The person to contact may be an officer, an appropriate state authority. The Charitable contributions to you are director, trustee, or other individual who is document must be an exact copy of what deductible by donors if you qualify for permitted to speak with us according to is on file with your state. exempt status under section 501(c)(3). your bylaws or other rules of operation. Annual filing requirements for an Your person to contact may also be an If you don’t have a copy of your articles organization created in a U.S. territory or authorized representative, such as an of incorporation showing evidence of possession are similar to those outlined attorney, certified public accountant, or having been filed and approved by an above for foreign organizations (see Rev. enrolled agent, for whom you’re submitting appropriate state official, you may submit Proc. 2011-15 at IRS.gov/pub/irs-irbs/ a completed Form 2848 with the Form a substitute copy of your articles of irb11-03.pdf). 1023. incorporation. This substitute copy may be handwritten, typed, printed, or otherwise Line 5. Provide a daytime telephone reproduced. It must be accompanied by a number for the contact listed on line 4. declaration, signed by an officer Specific Instructions authorized to sign for you, that it is a Line 6. You may provide a fax number for Part I. Identification of the contact listed on line 4. complete and correct copy of the articles of incorporation and that it contains all the Applicant Line 7. Pay.gov will populate this field powers, principles, purposes, functions, with the current user fee for filing Form and other provisions by which you Line 1a. Enter your complete name 1023. currently govern yourself. exactly as it appears in your organizing document, including amendments. Line 8. Enter your complete website Limited liability company. A limited address if you have one. Also, list any liability company (LLC) that files its own Line 1b. If you have an “in care of” name, websites maintained on your behalf. The exemption application is treated as a enter it here; otherwise, leave this space information on your website should be corporation rather than a partnership. blank. consistent with the information in your Line 1c-i. Enter your complete address Form 1023. Copy of organizing document (articles of organization and operating where all correspondence will be sent. If Line 9. Officers, directors, and trust- agreement (if adopted) and any mail isn’t delivered to your street address ees. Enter the full names, titles, and amendments). Instead of articles of and you have a P.O. box, list your P.O. mailing addresses of your officers, organization, an LLC’s organizing box information instead of your street directors, and/or trustees. You may use document is its state-approved “articles address. the organization’s address for mailing. If of organization.” If it has adopted an you have more than five officers, directors, “operating agreement,” then this -6- Instructions for Form 1023 |
Page 7 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. document is also part of its organizing accurate copy of the signed and dated • Took over 25% or more of the fair document. If you formed under state original. Your declaration should clearly market value of the net assets of another statute, your articles of organization (and indicate the original date that it was organization, or any amendments) must show certificate signed. For trusts created by a will, include • Were established upon the conversion of filing. This means your articles show a copy of the death certificate or a of an organization from for-profit to evidence that on a specific date they were statement indicating the date of death, non-profit status. filed with and approved by an appropriate and a copy of the relevant portions of the If you’re a successor organization, state authority. The document must be an will. complete Schedule G, Successors to exact copy of what is on file with your Other Organizations. If your trust agreement continues state. If you don’t have a copy of your to provide for distributions for articles of organization showing evidence CAUTION! Your predecessor organization non-charitable interests, you won’t of having been filed and approved by an TIP may have been either a qualify for tax-exempt status. appropriate state official, you may submit tax-exempt or non-exempt organization. a substitute copy of your articles of Line 2. Formation date. The date you organization. This substitute copy may be enter should be consistent with your handwritten, typed, printed, or otherwise organizing document. Part III. Required • reproduced. It must be accompanied by a If you’re a corporation, enter the date Provisions in Your declaration, signed by an officer that your articles of incorporation were authorized to sign for you, that it is a filed and approved by the appropriate Organizing Document complete and correct copy of the articles authority. Line 1. Purpose clause. Your • of organization and that it contains all the If you’re an LLC, enter the date that the organizing document must limit your powers, principles, purposes, functions, appropriate authority filed your articles of purposes to those described in section and other provisions by which you organization or other organizing 501(c)(3). Those purposes are charitable, currently govern yourself. document. religious, educational, scientific, literary, If you are an LLC and want to be • If you’re an unincorporated association, testing for public safety, fostering national TIP treated as a disregarded entity by enter the date that your organizing or international amateur sports a tax-exempt member, don’t file document was adopted by the signatures competition, and preventing cruelty to an exemption application. of at least two individuals. children or animals. • If you’re a trust (other than a trust Unincorporated association. An formed by a will), enter the date your trust The generally accepted legal definition unincorporated association formed was funded. If your trust agreement of “charitable” includes relief of the poor, under state law must have at least two provided for any non-charitable interests, the distressed, or the underprivileged; members who have signed a written enter the date that non-charitable interests advancement of religion; advancement of document that creates an entity with a expired. If you were formed by a will, enter education or science; erecting or specifically defined purpose. the date of death or the date any maintaining public buildings, monuments, non-charitable interests expired. or works; lessening the burdens of Copy of organizing document government; lessening neighborhood (articles of association or constitution Line 3. State of formation. Enter the tensions; eliminating prejudice and and any amendments). Your organizing jurisdiction (for instance, the state or the discrimination; defending human and civil document must include the name of the federally recognized tribal government) rights secured by law; and combating organization, its purpose, the date the under the laws of which you were community deterioration and juvenile document was adopted, and the incorporated or otherwise formed. This delinquency. Therefore, the phrase “relief signatures of at least two individuals. If may not be the place in which you’re of the poor” in your organizing document your copy doesn’t contain the proper physically located. For example, if you’re properly limits your purposes. signatures and date of adoption, you may physically located in New York, but Limiting your purposes by reference to submit a written declaration that states incorporated under Massachusetts law, section 501(c)(3) generally will be your copy is a complete and accurate enter Massachusetts. sufficient to meet the organizational test copy of the signed and dated original. For purposes of completing this under section 501(c)(3). Your organizing Your declaration should clearly indicate application, you’re formed under the laws document may also sufficiently limit your the original date of adoption. of a foreign country if you’re not formed purpose by reference to a specific Bylaws may be considered an under the laws of the United States, its charitable purpose such as “relief of the TIP organizing document only if they territories and possessions, federally elderly within the meaning of section include the required elements recognized Indian tribal or Alaska native 501(c)(3).” listed above. governments, or the District of Columbia. However, purposes listed in your Line 4. Bylaws“ ” are generally the organizing document broader than those Trust. A trust may be formed by a trust internal rules and regulations of an listed in section 501(c)(3) may cause you agreement or declaration of trust. A trust organization. If you have bylaws, upload a to fail the organizational test. In that case, may also be formed through a will. current copy (including any amendments). you will need to amend your organizing Generally, a trust must be funded with Bylaws don’t need to be signed unless document before applying. A reference to property, such as money, real estate, or they are your organizing document as section 501(c)(3) won’t ensure that your personal property. described in the instructions for line 1 purposes are limited to those described in Copy of organizing document (trust above. section 501(c)(3) if other provisions describing your purposes include one or agreement/declaration of trust or will Line 5. Successor organization. You more non-exempt purposes. The following and any amendments). Your trust are a “successor” if you: is an example of an acceptable purpose agreement (and any amendments) must • Took over activities previously clause. be signed by at least one trustee. If your conducted by another organization, trust agreement copy isn’t signed, you may submit a written declaration that states your copy is a complete and Instructions for Form 1023 -7- |
Page 8 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. The organization is organized Upon the dissolution of this • Where is the activity conducted? exclusively for charitable, organization, assets shall be • What percentage of your total time is allocated to the activity? (Combined time religious, educational, and distributed for one or more percentages should add up to 100%.) scientific purposes under exempt purposes within the • How is the activity funded (for example, section 501(c)(3) of the Internal meaning of section 501(c)(3) of donations, fees, etc.) and what Revenue Code, or the Internal Revenue Code, or percentage of your overall expenses is corresponding sections of any corresponding section of any allocable to this activity? future federal tax code. future federal tax code, or shall • How does the activity further your be distributed to the federal exempt purposes? government, or to a state or Line 2. National Taxonomy of Exempt See Pub. 557 for further information local government, for a public Entities (NTEE) code. An NTEE code is and examples of how to limit your purpose. a three-character series of letters and purposes. numbers that generally describes a type of Line 2. Dissolution clause. Your organization. Enter the code that best organizing document must provide for See Pub. 557 for further information describes your organization from the list of the permanent dedication of your assets and examples of acceptable language for NTEE codes, located in Appendix D. For to a section 501(c)(3) purpose. This dedication of assets in your organizing more information and more detailed means that if you dissolve your document. definitions of these codes developed by organization in the future, your assets the National Center for Charitable must be distributed for an exempt purpose Part IV. Your Activities Statistics (NCCS), visit the Urban Institute described in section 501(c)(3), or to the NCCS website at www.nccs.urban.org. federal government, or to a state or local Reminder government, for a public purpose. In Answer all questions in this part as they NTEE codes are also used for certain states, you may rely on state law to pertain to your past, present, and future TIP purposes other than identification establish the permanent dedication of activities. of organizations described in section 501(c)(3). Therefore, all codes in assets for exempt purposes. This is based Line 1. Describe completely and in detail the list don't necessarily correspond to a on Rev. Proc. 82-2, 1982-1 C.B. 367. For your past, present, and planned activities. section 501(c)(3) purpose. additional information, search “Operation Don’t refer to or repeat the purposes in of state law” at IRS.gov. your organizing document or speculate Line 3. If programs are limited to specific Foreign organizations may be able to about potential future programs. Your individuals, describe how you select or rely upon the applicable laws of their narrative description of activities should be identify those individuals. If programs are jurisdiction in a similar manner. If relying thorough and accurate because we available only for members, describe on a foreign law, you must provide a copy determine whether you qualify for section membership criteria, any membership of the applicable law with an English 501(c)(3) exempt status based on the dues, any different membership levels, translation. information in your application. You should and the benefit each membership level Naming a specific organization to describe either actual or planned receives. receive your assets upon dissolution will activities. For example, if you plan to be acceptable only if your organizing further educational purposes by operating Line 4. Describe any business or family document requires that the specific an afterschool homework club, you would relationship between individuals who organization to be exempt under section describe that activity rather than cite that receive goods, services, or funds through 501(c)(3) at the time your dissolution takes you will further educational purposes. If your programs and any officers, directors, place and provides for a qualified you were also contemplating offering trustees, or highest compensated alternative recipient if the named scholarships in the future, but currently employees or independent contractors. organization isn’t exempt under section have no plans to do so, then the For purposes of this form, “highest 501(c)(3) at that time. scholarship activity would be speculative, compensated” employees or independent If your organizing document states that and you should not describe it. contractors are persons to whom you pay your assets would be distributed to Some organizations (such as credit over $100,000 of compensation, members or private individuals or for any counseling organizations (see Part IV, including compensation from related purpose other than those provided in line 8), childcare organizations (see Part organizations. section 501(c)(3), you must amend your IV, line 12), agricultural research Line 5. You participate in a political organizing document to remove such organizations (see Part VII, line 1), or campaign if you promote or oppose the statements. cooperative hospital service organizations candidacy of an individual for public office. The following is an example of an (see Schedule C)) must meet specific Candidate debates and nonpartisan voter acceptable dissolution clause. operational requirements to qualify for education and registration may be exemption under section 501(c)(3). If permitted. See Rev. Rul. 2007-41, you’re such an organization, be certain to 2007-25 I.R.B. 1421 at IRS.gov/irb/ include an explanation in your activity 2007-25_I.R.B. 1421 and Pub. 1828 for description of how activities you conduct more information and examples. (or don’t conduct, if the specific operational requirement limits permissible Organizations described in activities) satisfy those specific ! section 501(c)(3) are prohibited operational requirements. CAUTION from supporting or opposing candidates for public office in any political For each past, present, or planned campaign. If you answer “Yes,” you aren’t activity, include information that answers qualified for tax exemption under section the following questions. 501(c)(3) and should reconsider whether • What is the activity? the filing of application Form 1023 is • Who conducts the activity? appropriate for you. See Pub 557 for a -8- Instructions for Form 1023 |
Page 9 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. description of other code sections under Churches and private foundations being associated with terrorism on which you may qualify. ! aren’t eligible to make this section OFAC’s Specially Designed Nationals and CAUTION 501(h) election. Blocked Persons List (OFAC SDN List). Line 6. You are attempting to influence Information about OFAC sanction legislation if you directly contact or urge Line 7. Intellectual property includes programs and the OFAC SDN List are the public to contact members of a the following; available at www.treasury.gov/ofac. legislative body for the purpose of • Patents (for inventions); proposing, supporting, or opposing • Copyrights (for literary and artistic Line 10. A “foreign country” is a legislation. You are also attempting to works such as novels, poems, plays, films, country other than the U.S., its territories influence legislation if you advocate the musical works, drawings, paintings, and possessions, and the District of adoption or rejection of legislation. If you photographs, sculptures, architectural Columbia. answer “Yes,” your explanation should designs, performances, recordings, film, Line 10a–c. See instructions for lines 9g– include the percentage of your total time and radio or television programs); i. and total funds spent on such legislative • Trade names, trademarks, and service activities. marks (for symbols, names, images, and Line 11. You are a sponsoring Organizations described in section designs); and organization of a donor-advised fund if 501(c)(3) are prohibited from engaging in • Formulas, know-how, and trade you establish separate accounts that you a substantial amount of legislative secrets. own or control for a donor whereby the donor or donor-advisor may make activities. Whether you’re engaged in Line 8. These activities involve the recommendations about the investments substantial legislative activities depends education of the consumer on budgeting, of or distributions from the account. See on all of the facts and circumstances. personal finance, financial literacy, Pub. 557 for more information on the For this purpose, “legislation” includes mortgage foreclosure assistance, or other definitions of sponsoring organizations action by Congress, a state legislature, a consumer credit areas. These activities and donor-advised funds. local council, or a similar governing body, may also involve assisting the consumer with respect to acts, bills, resolutions or in consolidating debt and negotiating You can't sponsor a similar items (such as legislative between debtors and creditors to lower ! donor-advised fund if you're a confirmation of appointive offices). interest rates and waive late and over-limit CAUTION private foundation. Legislation also includes action by the fees. If you answer “Yes,” you may be public in a referendum, ballot initiative, subject to the requirements of section Line 12. A “school” is an educational constitutional amendment, or similar 501(q). Search “501(q)” on IRS.gov for organization whose primary function is the procedure. Legislation generally doesn’t information on these requirements and presentation of formal instruction and include actions by executive, judicial, or whether they apply to you. which normally maintains a regular faculty and curriculum and that normally has a administrative bodies. Line 9. A “relationship” between you regularly enrolled body of pupils or Organizations may involve themselves and the recipient organization includes the students in attendance at the place where in issues of public policy without being following situations. its educational activities are regularly engaged in legislative activity. For • You control the recipient organization, carried on. A school may include the example, organizations may conduct or it controls you through common following. educational meetings, prepare and officers, directors, or trustees, or through • Primary, secondary, preparatory, or distribute educational materials, or authority to approve budgets or high school. otherwise consider public policy issues. expenditures. • College or university. Similarly, an organization may appear • You and the recipient organization were • Trade or technical school. before a governmental body at its request created at approximately the same time • Nursery or pre-school. to offer testimony about a decision that and by the same persons. • School that you operate as an activity, may affect the organization’s existence. • You and the recipient organization such as a school that is operated as an A private foundation isn’t allowed operated in a coordinated manner with activity of a museum, historical society, or TIP to engage in any activities to respect to facilities, programs, employees, church. influence legislation. or other activities. • Persons who exercise substantial If you're a nursery or pre-school Line 6a. Form 5768. Most public influence over you also exercise TIP that doesn't meet the description charities are eligible to elect to make substantial influence over the recipient of a school, answer “No,” to expenditures to influence legislation by organization. line 12. filing Form 5768, Election/Revocation of Line 9b. Answer “Yes,” if you make If you’re a nursery, pre-school, or Election by an Eligible Section 501(c)(3) grants, loans, or other distributions (such TIP child care organization that Organization To Make Expenditures To as goods) to a foreign organization. doesn’t meet the description of a Influence Legislation. By filing Form 5768, school, you may still further an educational your legislative activities will be measured Line 9g–i. The Office of Foreign Assets purpose if substantially all the care you solely by an expenditure limit under Control (OFAC) of the U.S. Department of provide is for the purpose of enabling section 501(h) rather than by whether the the Treasury administers and enforces individuals to be gainfully employed and legislative activity is considered economic and trade sanctions based on your services are available to the general substantial. Form 5768 describes the U.S. foreign policy and national security public (section 501(k)). types of organizations that are eligible to goals against certain governments, make an election. You must file Form entities, and individuals, as directed in If you’re a school, or if you operate a 5768 by mailing it to the address on the Executive Orders. As part of the school as an activity (even if it is a form. For a discussion of influencing comprehensive and sustained campaign secondary activity), complete Schedule B. legislation and the requirements of section against terrorist financing, all U.S. See Pub. 557 for additional information. 501(h), see Pub 557. persons, including U.S.–based charities, are prohibited from dealing with persons Line 13. “Hospital” or “medical care” (individuals and entities) identified as includes the treatment of any physical or Instructions for Form 1023 -9- |
Page 10 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. mental disability or condition, whether as support. Fundraising may be conducted “Yes,” if you will or you do have highest an inpatient or outpatient. A hospital by your employees or volunteers, through compensated employees or highest includes the following. an agent, or through an independent compensated independent contractors. • Hospitals and rehabilitation institutions, contractor. Check all the boxes that apply. For purposes of this form, “highest outpatient clinics, or community mental For purposes of this application, compensated” employees or independent health or drug treatment centers if the “bingo” is a game of chance played with contractors are persons to whom you pay principal purpose or function is the cards that generally are printed with five over $100,000 of compensation, providing of medical or hospital care or rows of five squares each on which including compensation from related medical education or research. participants place markers to form a organizations. • Medical research organizations if the pre-selected pattern to win the game. For information on determining if an principal purpose or function is the “Other (non-bingo) gaming activities” individual is an employee or an continuous active conduct of medical include pull-tabs, raffles, keno, independent contractor, see Pub. 15-A, research in conjunction with a hospital. split-the-pot, and other games of chance. Employer’s Supplemental Tax Guide. If you provide “hospital or medical Gaming doesn’t further an care,” or you’re a medical research Line 1e. Similarly situated “ TIP exempt purpose under section organization, complete Schedule C. organizations” means tax-exempt or 501(c)(3). Except to the extent See Pub. 557 for additional that an exception may apply, your revenue taxable organizations of comparable size, information. from gaming activities will be subject to purpose, and resources. Adjustments due Line 14. “Low-income housing” refers unrelated business income tax. See to geographic area and other specified to rental or ownership housing provided to Pub. 3079 for further information about conditions are appropriate, but you should persons based on financial need. If you gaming. document the adjustments. You should document the sources(s) of comparable provide low-income housing, complete compensation data, both taxable and Schedule F. non-taxable, and retain copies in your Part V. Compensation and Line 15. Answer “Yes,” if you pay money permanent records. to an individual as a scholarship, Other Financial Line 1g. “Reasonable compensation” fellowship, or education loan; for travel, Arrangements is the amount that would ordinarily be paid study, or other similar purposes. Also, Reminder. Answer all questions in this for like services by like organizations answer “Yes,” if you pay such amounts on part as they pertain to your past, present, under like circumstance as of the date the behalf of an individual to a school or a and future activities. compensation arrangement is made. tuition or educational savings program. Establishing and documenting your Complete Schedule H—Section I. For purposes of Part V, compensation includes: decisions about compensation is Travel, study, or other similar purposes Salary or wages; important because excess compensation include payments made to enhance a • (including cash and other benefits that literary, artistic, musical, scientific, • Deferred compensation; teaching or other similar capacity, skill, or • Retirement benefits, whether in the aren’t accounted for as reasonable form of a qualified or non-qualified compensation for services) may result in talent of the individual recipient. These employee plan (pensions or annuities); excise taxes on both the individual and payments include, for example, amounts Fringe benefits (personal vehicle, you, and may jeopardize your tax paid to: • exemption. meals, lodging, personal and family • Vocational high school students to be educational benefits, low-interest loans, Line 2. A conflict of interest arises when a used to purchase basic tools; payment of personal travel, entertainment, person in a position of authority over an • Teachers to induce them to teach in a or other expense, athletic or country club organization, such as a director, officer, or public school system in an economically membership, and personal use of your manager, may benefit personally from a depressed area; and property); and decision he or she could make. A sample • A scientific researcher to underwrite Bonuses. Conflict of Interest Policy is included as that individual’s research project. • Educational grants don’t include Example. An organization could Appendix A. This sample conflict of amounts you pay to an individual as compensate a director as follows: interest policy doesn’t prescribe any specific requirements. Therefore, compensation, such as payments made to organizations should use a conflict of a consultant for personal services or to Wages interest policy that best fits their produce a report for you. Director $2,500 organizations. Educational grants don’t include Compensation . . . Adoption of a conflict of interest policy amounts paid to another organization that Salary as Chief Executive isn’t required to obtain tax-exempt status. distributes your funds as a scholarship to Officer . . . . . . . . . . . . . . . 40,000 However, by adopting the sample policy or an individual if you have no role in the a similar policy, you will be choosing to put selection process. Deferred retirement . . . . . . 2,000 in place procedures that will help your Health insurance policy . . . 5,000 If you're a “private foundation” officers, directors, and trustees recognize Use of a vehicle . . . . . . . . 5,000 situations that could present potential or ! as described in Part VII, you must Total Compensation $54,500 actual conflicts of interest so that you can CAUTION obtain advance approval of your grant-making procedures. You can use take steps to reduce the risk that those in Schedule H—Section II, to request positions of authority over you may advance approval as part of this Make sure the information you provide in receive an inappropriate benefit. application process. You can complete Part V is consistent with the information The sample conflict of interest Section II when you complete Part VII. you enter in Part VI. Financial Data. TIP policy in Appendix A includes Foundation Classification. Line 1. Compensation. Check “Yes,” if items marked “Hospital insert–for you do or you will compensate your hospitals that complete Schedule C” that Line 16. “Fundraising”includes efforts officers, directors, or trustees. Also, check are intended to be adopted by hospitals. to raise funds through appeals for financial -10- Instructions for Form 1023 |
Page 11 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 3. A fixed payment means a Line 5. Answer “Yes,” if any of your haven’t existed, for a total of 4 years of payment that is either a set dollar amount officers, directors, or trustees: financial information. Place financial or fixed through a specific formula where • Is an officer, director, or trustee in information for the year you’re filing this the amount doesn’t depend on discretion. another organization (other than a section application in the column marked Current For example, a salary of $200,000 that is 501(c)(3) organization) that has a lease, tax year. adjusted annually based on the increase contract, loan, or other agreement with Completed 5 years or more. If in the Consumer Price Index is a fixed you; or you’ve existed for 5 years or more, provide payment. • Possesses more than a 35% ownership your actual income and expenses for your A “non-fixed payment” means a interest in any organization that has a 5 most recently completed tax years. payment that depends on discretion. For lease, contract, loan, or other agreement Place financial information for your most example, a bonus of up to $100,000 that is with you. For example, answer “Yes,” if recently completed tax year in the column based on an evaluation of performance by one of your directors is an officer for a marked Current tax year. the governing board is a non-fixed section 501(c)(4) organization with whom payment because the governing body has you have a lease for office space, or if one We may request financial discretion over whether the bonus is paid of your directors owns more than 35% of ! information for more than 5 years. and on the amount of the bonus. the voting stock of a corporation to which CAUTION you made a loan. Line 4. Don’t include purchases or sales A. Statement of Revenue and of goods and services in your normal Line 6. “Develop” means the planning, Expenses course of operations that are available to financing, construction, or provision of the general public under similar terms and similar services involved in the acquisition Preparing the statement. Prepare the conditions. of real property, such as land or a building. statement using the method of accounting For example, you should provide you use in keeping your books and Answer “Yes,” if any of your officers, information regarding the services of a records. directors, or trustees: consultant who arranges your acquisition Prepare the statement using the • Is an officer, director, or trustee of of a facility through the issuance of accounting period entered on Part I, line 3. another organization (other than a section tax-exempt bonds. Enter “0” if a particular revenue or 501(c)(3) organization) that you will purchase or sell goods, services, or Line 7. “Manage” means to direct or expense doesn’t apply to you. assets from or to; or administer. For example, you would Your financial information should reflect • Possesses more than 35% ownership provide information about an organization your activities described in this interest in any organization that you will hired to administer a museum gift shop. application. purchase or sell goods, services, or Line 8. A “joint venture” is a legal Line 1. Enter the total gifts, grants, and assets from or to. agreement in which the persons jointly contributions you receive (other than undertake a transaction for mutual profit. membership dues reported on line 2 and Arm’s length. An arm’s length described below). Include items of value Generally, each person contributes assets standard exists where the parties have an that you receive as gifts, grants, or and shares risks. Like a partnership, joint adverse (or opposing) interest. For contributions. For example, if one of your ventures can involve any type of business example, a seller wants to sell his goods activities is a food drive, include the value transaction and the persons involved can at the highest possible price, while a buyer of the donated food on this line. Also be individuals, groups of individuals, wants to buy at the lowest possible price. include on this line payments a companies, or corporations. These are adverse interests. governmental unit makes to enable you to In negotiating with a person, an Part VI. Financial Data both accomplish your exempt purpose(s) adverse interest is assumed if that person and to provide a service or facility directly is otherwise unrelated to you in the sense Line 1. Select the option that best to the general public. of not being in a position to exercise describes you to determine the years of See the instructions for line 9 if you’re substantial influence over you or your revenues and expenses you need to uncertain whether revenue should be affairs. If the person is in a position to provide. included as a grant on line 1 or as gross exercise substantial influence over your receipts on line 9. Include unusual affairs, then an arm’s length standard Completed less than 1 year. If requires additional precautions to you’ve existed for less than 1 year, grants on line 12 and not on line 1. eliminate the effect of the relationship. provide projections of your likely income Examples. and expenses for your current year and Using a conflict of interest policy, projections of your likely income and 1. A city pays the symphony orchestra information about comparable expenses for the next 2 years based on a to provide free music programs in the transactions between unrelated parties, reasonable and good faith estimate of public schools. The programs are open to and reliable methods for evaluating the your future finances for a total of 3 years of the public. This income received from a transaction, are examples of precautions financial information. Place financial governmental unit accomplishes the that would help make the negotiation information for the year you’re filing this orchestra's exempt purpose and directly process equivalent to one between application in the column marked Current provides a service to the general public. unrelated persons. tax year. This income is a grant to the symphony orchestra that should be listed on line 1. Fair market value. This is the price at Completed more than 1 year, fewer 2. The symphony orchestra sells which property or the right to use property than 5 years. If you’ve existed for more tickets to the public for its fall season. would change hands between a willing than 1 year but fewer than 5 years, Such income is gross receipts received buyer and a willing seller, neither being provide your actual income and expenses from the general public in performance of under any compulsion to buy, sell, or for each completed year you’ve existed the symphony orchestra’s exempt function transfer property or the right to use and projections of your likely income and and should be listed on line 9. property, and both having reasonable expenses based on a reasonable and knowledge of relevant facts. good faith estimate of your future finances 3. The public school system pays the for your current year and each year you orchestra to create several musical pieces Instructions for Form 1023 -11- |
Page 12 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Figure 2. Net Gain or Loss On Sales of Capital Assets Provide an itemized list of your gross receipts in line 25, describing the sources Categories and amounts of income. For payments by a governmental unit, list the payer, the (A) Real Estate (B) Securities (C) Other purpose of the payment, and the payment 1. Gross sales price of amount. assets (other than inventory) by category. Line 10. Lines 8 and 9 will be added for you. 2. Less: Cost or other basis and sales Line 11. Enter any net gain or loss on the expenses. sale of capital assets. Provide an itemized 3. Gain or (loss). Subtract list by asset category (for example, real line 2 from line 1. estate or securities) showing gross sales, cost or other basis/sales expenses, and 4. Net gain or (loss) — Add line 3 of columns (A), (B), and (C). Enter here and gain or loss by asset category in line 25. on Form 1023, Part VI - A. Statement of Revenues and Expenses, line 11. You may use the format in Figure 2. Line 12. Enter any “unusual grants,” which generally are any substantial suitable for the school system’s provided by the governmental unit to the contributions and bequests you received elementary music curriculum. This public without charge. from disinterested persons that, by their payment by a governmental unit for the size, adversely affect your classification as Line 7. Enter your total income from all music compositions is primarily for the a public charity Unusual grants. “ ” are sources not reported on lines 1 through 6, school system’s own use, not for the direct unusual, unexpected, and received from or lines 9, 11, and 12. Provide an itemized benefit of the public. Therefore, this an unrelated party. Provide an itemized list list in line 25, showing each type and income is gross receipts received from a of any unusual grants, including the amount of income included, and a brief governmental unit in performance of the amount in line 25, and explain how it was description of each type of income. orchestra’s exempt function that should be unusual, unexpected, and from an listed on line 9. Line 8. Lines 1 through 7 will be added unrelated party. for you. Line 2. Enter the amount you receive For additional information about from members to provide support to the Line 9. Enter income from activities that unusual grants and a description of public organization. Don’t include payments from you conduct to further your exempt charity classifications, see Pub. 557. members or on behalf of members to purposes (excluding amounts listed on purchase admissions, merchandise, other lines). Also, include as gross Line 13. Lines 10 through 12 will be services, or use of facilities. receipts the income from activities added for you. conducted: Lines 14. Enter the total expenses you Line 3. Enter your gross income from • Intermittently (not regularly carried on), incur for soliciting gifts, grants, and dividends, interest, payments received on such as an occasional auction; contributions included on line 1. Include securities, loans, rents, and royalties you • With substantially all (at least 85%) fees paid to professional fundraisers for hold for investment purposes. volunteer labor, such as a car wash; soliciting gifts, grants, and contributions. See Pub. 598 for additional information • For the convenience of members, regarding royalties treated as unrelated students, patients, officers, or employees, Line 15. Enter the total amount you pay business income. such as a parking lot for a school’s out to both individuals and organizations. students and employees; or Provide an itemized list in line 25, Line 4. Enter your net income from • With substantially all contributed identifying recipients (using letter unrelated business activities. “Unrelated merchandise, such as a thrift store. designations such as A, B, C, etc.), a brief business income” generally is income description of the purposes or conditions from any trade or business activity that is See Pub. 598 for additional information of payments, and the amounts paid. regularly carried on, and not related to regarding income that isn’t from an your exempt purpose. Certain exceptions unrelated trade or business. Colleges, universities, and other educational institutions and agencies and exclusions may apply. “Gross receipts” also includes subject to the Family Educational Rights Report on line 9 income from activities payment by a governmental unit that may and Privacy Act (20 U.S.C. 1232g) don’t that aren’t related to the accomplishment be called a “grant” but is actually payment need to list the names of individuals to of your exempt purposes, but aren’t for a service or facility for the use of the whom they provided scholarships or other considered unrelated business activities. government payer, rather than for the financial assistance where such For example, report income from the sale direct benefit of the public. disclosure would violate the privacy of merchandise by volunteers that isn’t Example. The state government gives provisions of the law. Instead, group each treated as an unrelated trade or business a conservation group a grant to study the type of financial aid provided, indicate the on line 9. effects of a new sewage treatment plant number of individuals who received the See Pub. 598 for additional information on an ecologically significant woodland aid, and specify the aggregate dollar regarding unrelated business income. area. Although the payment is called a amount. grant, it is actually gross receipts that Maintain (but don’t submit) a list Line 5. Enter amounts any local tax should be included on line 9. The payment showing the names of recipients authority collects from the public on your is by a governmental unit (state) for a associated with each letter designation. behalf. study for its own use, not for the direct Line 6. Enter the value of services or benefit of the general public. A for-profit Line 16. Enter total payments you make facilities a governmental unit furnishes to consulting company could’ve done the to or for the benefit of your members (not you. Use the fair market value of the study rather than by the tax-exempt including any amounts listed on line 15). services or facilities. Don’t include the conservation group. Provide an itemized list in line 25, value of services or facilities generally identifying recipients (using letter -12- Instructions for Form 1023 |
Page 13 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. designations), a brief description of the Line 4. Enter the total amount of bonds or on lines 1 through 9, for example, patents, purposes or condition of payments, and notes you issued that will be repaid to you. copyrights, or other intangible assets. the amounts paid. Provide an itemized list in line 19, that Provide an itemized list of each asset in Maintain (but don’t submit) a list shows the name of each borrower (using a line 19. showing the names of recipients letter designation), the borrower’s Line 11. Lines 1 through 10 will be added associated with each letter designation. relationship to you, a brief description of for you. the obligation, the rate of return, the due Line 17. Enter the total amount of Line 12. Enter the total amount of your date, and the amount due. compensation you pay to your officers, accounts payable to suppliers and others, directors, and trustees. Maintain (but don’t submit) a list such as salaries payable, accrued payroll showing the names of borrowers taxes, and interest payable. Line 18. Enter the total amount of associated with each letter designation. salaries and wages you pay to employees Line 13. Enter the total unpaid portion of (not reported on line 17). Line 5. Enter the total fair market value grants and contributions you committed to of corporate stocks you hold. Provide an pay to other organizations or individuals. Line 19. Enter your total interest itemized list of your corporate stock expenses for the year. Don’t include holdings in line 19. Line 14. Enter the total of your mortgages mortgage interest treated as an and other notes payable outstanding at occupancy expense on line 20. For stock of closely held corporations, list the name or the corporation, a brief the end of the current tax year/period. Line 20. Enter the amount you pay for the summary of the corporation’s capital Provide an itemized list in line 19 showing use of office space or other facilities, heat, structure, the number of shares held, and each note separately, including the light, power and other utilities, outside their value as carried on your books. If lender’s name, purpose of loan, janitorial services, mortgage interest, real valuation doesn’t reflect current fair market repayment terms, interest rate, and estate taxes, and similar expenses. value, also include fair market value. original amount. Line 21. Enter the total depreciation, For stock traded on an organized Line 15. Enter the total amount of any depletion, and similar expenses you incur. exchange or in substantial quantities over other liabilities not reported on lines 12 the counter, list the name of the through 14. Provide an itemized list in Line 22. Enter the total professional fees corporation, a description of the stock, line 19 of these liabilities, including the you pay. Professional fees are amounts and the principal exchange on which it is amounts you owe. charged by individuals and entities that traded, the number of shares held, their Line 16. Lines 12 through 15 will be aren’t your employees. They include fees value as carried on your books, and their added for you. for professional fundraisers (other than fair market value. fees listed on line 14, earlier), accounting Line 17. Under fund accounting, an services, legal counsel, consulting Line 6. Enter your total amount of loans organization segregates its assets, services, contract management, or any (personal and mortgage loans) receivable. liabilities, and net assets into separate independent contractors. Provide an itemized list in line 19 that funds according to restrictions on the use identifies each borrower (using a letter of certain assets. Each fund is like a Line 23. Enter any expenses you didn’t designation), the borrower’s relationship separate entity in that it has a include in the lines above, such as for to you, purpose of loan, repayment terms, self-balancing set of accounts showing program services. Provide an itemized list interest rate, and original amount of loan. assets, liabilities, equity (fund balance), in line 25, showing the type and amount of Report each loan separately, even if more income, and expenses. If you don’t use each significant expense. than one loan was made to the same fund accounting, report only the “net Line 24. Lines 14 through 23 will be person. assets” account balances, which include added for you. Maintain (but don’t submit) a list capital stock, paid-in capital, retained B. Balance Sheet showing the names of borrowers earnings or accumulated income, and associated with each letter designation. endowment funds. Complete the balance sheet for your most recently completed tax year. If you haven’t Line 7. Enter the total book value of your Line 18. Lines 16 and 17 will be added completed a full tax year, use the most other investments. Include the total book for you. current information available. Be sure to value of government securities (federal, enter the year-end date for the information state, and municipal), and buildings and Part VII. Foundation provided and not the date you prepare this equipment held for investment purposes. application. Enter “0” if a particular asset Provide an itemized list in line 19 Classification or liability doesn’t apply to you. identifying and reporting the book value of Organizations that are exempt under each building/item of equipment held for section 501(c)(3) are private Line 1. Enter your total cash in checking investment purposes. foundations unless they are: and savings accounts, temporary cash • Churches, schools, hospitals, investments (money market funds, CDs, Line 8. Enter the total book value of governmental units, entities that undertake treasury bills, or other obligations that buildings and equipment not held for testing for public safety, organizations that mature in less than 1 year), and petty cash investment purposes. This includes have broad financial support from the funds. facilities you own and equipment you use general public; or in conducting your exempt activities. • Organizations that support one or more Line 2. Enter your total accounts Provide an itemized list in line 19 of these organization(s) that are themselves receivable that arose from the sale of assets held at the end of the current tax classified as public charities. goods and/or performance of services, year/period, including the cost or other less any reserve for bad debt. basis. Section 501(c)(3) organizations excepted from private foundation Line 3. Enter the amount of materials, Line 9. Enter the total book value of land classification are public charities. Unless goods, and supplies you purchased or not held for investment purposes. you meet one of the exceptions above, manufactured and held to be sold or used in some future period. Line 10. Enter the total book value of any you’re a private foundation. other category of your assets not reported Instructions for Form 1023 -13- |
Page 14 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. You can only select one functions, or a combination of these In Part IV, line 1, include information TIP foundation classification. sources, and not more than one-third of detailing your agricultural research your support from gross investment program and how you will spend income and net unrelated business contributions to your program, including a Line 1. Select the foundation income. Typically, you would show a description of how you’re engaged in the classification you’re requesting from the substantial part of your income on Part continuous active conduct of agricultural list below. The form will then take you to VI-A. Statement of Revenues and research (as defined in Section 1404 of additional lines or parts of the application Expenses, lines 1, 2, and 9. the Agricultural Research, Extension, and that you must complete based on your Teaching Policy Act of 1977), information response. Under this public charity classification, you must meet both the showing that you’re operated in 509(a)(1) and 170(b)(1)(A)(vi). Select “one-third public support test ” and the conjunction with a land grant college or this classification if you normally receive a “not-more-than-one-third investment university or a non-land grant college of substantial part of your support from income and net unrelated business agriculture (as defined in Section 1404 of grants from governmental units or from income test,” lines 1 through 13. See Pub. the Agricultural Research, Extension, and contributions from the general public, or a 557 for additional information about these Teaching Policy Act of 1977), and combination of these sources. Typically, tests. information discussing the timing of when you would show a substantial part of your you will spend contributions for research. income on Part VI-A. Statement of 509(a)(1) and 170(b)(1)(A)(i). Select 509(a)(3). Select this classification if Revenue and Expenses, lines 1 and 2. this classification if your primary purpose you’re organized and operated to support Under this public charity is operating a church or convention or one or more public charities described in classification, you must meet the one-third association of churches. The term section 509(a)(1) or 509(a)(2) or an public support test or 10% facts and “church” includes mosques, temples, organization that is tax exempt under circumstances test. See Pub. 557 for more synagogues, etc. If you select this box, section 501(c)(4), (5), or (6) and meets the information. complete Schedule A. public support test of section 509(a)(2). Public support test. An organization 509(a)(1) and 170(b)(1)(A)(ii). Select See the instructions for Schedule D for must receive either: this classification if your primary purpose more information about the requirements is operating a school. If you select this for this classification, including the 1. At least one-third of its total support box, complete Schedule B. required relationship you must have with from governmental agencies, your supported organization(s). Complete contributions from the general public, and If you operate a school but it isn’t your contributions or grants from other public primary purpose, don’t select this Schedule D. charities; or classification. However, you must still 509(a)(4). Select this classification if your complete Schedule B. See Part IV, line 12. 2. At least 10% of its total support primary purpose is to test products to from governmental agencies, 509(a)(1) and 170(b)(1)(A)(iii). Select determine their acceptability for use by the contributions from the general public, and this classification if your primary purpose general public. contributions or grants from other public is providing medical or hospital care or Contributions to organizations of this charities; and also satisfy a facts and medical eduction or research (performed type aren’t deductible under section circumstances test. in association with a hospital). If you select 170(c). Also, organizations that primarily this box, complete Schedule C. test for specific manufacturers don’t Facts and circumstances test. Facts A hospital includes a rehabilitation qualify for exemption under section 501(c) and circumstances include: institute, outpatient clinic, community (3). 1. The amount of support you mental health clinic, drug treatment Select my classification for me. Select received from the general public, center, or skilled nursing facility. A hospital this option if you believe you’re a public governmental units, or public charities; doesn’t include convalescent homes, charity but would like the IRS to select the 2. Whether you have a continuous homes for children or the aged, or correct public charity classification (509(a) and bona fide program for solicitation of institutions whose principal purpose or (1) and 170(b)(1)(A)(vi) or 509(a)(2)) for funds from the general public, function is to train handicapped individuals you. governmental units, or public charities, or to pursue some vocation. Private foundation. Select this carry on activities designed to attract Cooperative hospital service classification if you don’t meet one of the support from organizations or other organizations described in section exceptions listed above. governmental units, and 501(e) should also check this box and 3. All other facts and circumstances, complete Schedule C. Line 1a. Section 508(e) provides that a private foundation isn’t tax exempt unless including the public nature of your 509(a)(1) and 170(b)(1)(A)(iv). Select its organizing document contains governing board, the extent to which your this classification if you’re organized and specific provisions. These specific facilities or programs are publicly operated exclusively to benefit a college provisions require that you operate to available, the extent to which nature your or university owned or operated by a avoid liability for excise taxes under dues encourage membership, and governmental unit. You must also normally sections 4941(d), 4942, 4943(c), 4944, whether your activities are likely to appeal receive a substantial part of your support and 4945(d). You can also meet these to persons having a broad common from a governmental unit or from provisions by reliance on state law. interest or purpose. For additional contributions from the general public. information about the 10% facts and See Pub. 557 for samples of provisions circumstances test, see Pub. 557 and 509(a)(1) and 170(b)(1)(A)(ix). Select that will meet section 508(e). Also, see Reg. 1.170A-9(f)(3). this classification if you’re an agricultural Appendix B for a list of states that have research organization described in section enacted statutory provisions that satisfy 509(a)(2). Select this classification if you 170(b)(1)(A)(ix) operated in conjunction the requirement of section 508(e), subject normally receive more than one-third of with a land grant college or university or a to notations. Appendix B is based on Rev. your support from contributions, non-land grant college of agriculture. Rul. 75-38, 1975-1 C.B. 161. membership fees, and gross receipts from activities related to your exempt -14- Instructions for Form 1023 |
Page 15 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 1c. Some private foundations are Line 2a(i). 509(a)(2). Check “Yes,” if you amount contributed must also be more private operating foundations. Private received amounts listed on lines 1, 2, and than 2% of all the contributions you operating foundations make qualifying 9 of Part VI-A, Statement of Revenue and received. A creator of a trust is treated as distributions directly for the active conduct Expenses, from any disqualified a substantial contributor regardless of the of their educational, charitable, and persons and identify those disqualified amount contributed. For more information religious purposes. “Directly for the active persons by letter (A, B, C, etc.) and list the regarding substantial contributors, go to conduct” means that you use the amounts contributed by each. Keep, but IRS.gov/Charities-Non-Profits/Private- distributions yourself to carry out the don’t submit, a list of the names of your Foundations/Substantial-Contributor- programs for which you’re organized and donors with the associated letter Private-Foundation. operated. Grants made to assist other designations. Family members. A “member of the organizations or individuals are normally Line 2a(ii). Check “Yes,” if you received family” includes the spouse, ancestors, considered indirect. amounts paid by an individual or children, grandchildren, Line 1d. If you have existed for 1 year or organization greater than the larger of 1% great-grandchildren, and their spouses. more, you must provide information that of line 10, of Part VI-A, Statement of For additional information concerning demonstrates you meet the requirements Revenues and Expenses, or $5,000 for members of the family, go to IRS.gov/ to be classified as a private operating any completed tax year, and identify those Charities-Non-Profits/Charitable- foundation, including the income test and individuals or organizations by letter and Organizations/Member-of-the-Family. either the endowment test, the assets test, list the amount(s) received from each. or the support test. If you have existed for Keep, but don’t submit, a list of the names Further information about disqualified less than 1 year, you must sufficiently of your donors with the associated letter persons, can be obtained at IRS.gov/ describe how you’re likely to meet these designations. Charities-Non-Profits/IRC-Setion-4946- requirements and tests. You may also Definition-of-Disqualified-Person. submit an affidavit or opinion of counsel Don’t include disqualified persons Line 2a(iii). Use Schedule A (Form 990 giving enough facts about your operations ! in this list. Disqualified persons or 990-EZ), Public Charity Status and and support to enable us to determine that CAUTION should be listed in line 2(a)(i). For you’re likely to meet these requirements. purposes of this application, a Public Support, Part III, Support Schedule “disqualified person” is any individual or for Organizations Described in Section See Pub. 557 for additional information 509(a)(2), and its instructions to determine organization that is any of the following. about private operating foundations. if you meet the public support test for your 1. A “substantial contributor” to you most recent 5-year period. Line 2. Confirmation of public support (defined below). status. If you have been in existence for more than 5 years, and you requested 2. An officer, director, trustee, or any classification as a public charity described other individual who has similar powers or Part VIII. Effective Date in sections 509(a)(1) and 170(b)(1)(A)(vi), responsibilities. Line 1. Use the formation date you listed you must confirm that you meet the public 3. An individual who owns more than in Part II, line 2, and the date you will support test. 20% of the total combined voting power of submit this electronic form and required To show that you meet the required a corporation that is a substantial user fee payment to determine whether public charity support test, complete lines contributor. you’re submitting this application within 27 months from the month in which you were 2(i) and 2(ii). Calculate your public support 4. An individual who owns more than formed. If you’re not submitting this based on the accounting method you used 20% of the profits interest of a partnership application within 27 months from your to complete Part VI-A, Statement of that is a substantial contributor. formation, complete Schedule E. Revenues and Expenses. 5. An individual who owns more than Line 2(i). 509(a)(1) and 170(b)(1)(A) 20% of the beneficiary interest of a trust or Part IX. Annual Filing (vi). Check “Yes,” if you received estate that is a substantial contributor. Requirement contributions from any person, company, 6. A member of the family of any or organization (other than a governmental individual described in 1, 2, 3, 4, or 5 Most organizations must file an annual unit described in section 170(c)(1) or a above. return (Form 990, 990-EZ, or Form 990-PF) or notice (Form 990-N, Electronic publicly supported organization under 7. A corporation in which any Notice (e-Postcard)). Exceptions to this section 170(b)(1)(A)(vi)), whose gifts individuals described 1, 2, 3, 4, 5, or 6 rule include churches, certain church totaled more than 2% of the amount on the above hold more than 35% of the total affiliated organizations, and certain total of amounts entered on line 8 of Part combined voting power. affiliates of a governmental unit. You can VI-A, Statement of Revenue and Expenses, and identify those contributors 8. A trust or estate in which any find more detailed information about filing by letter (A, B, C, etc.) and list the individuals described in 1, 2, 3, 4, 5, or 6 requirements and exceptions from the amount(s) contributed by each. Keep, but above hold more than 35% of the requirement to file in the Instructions for don’t submit, a list of the names of your beneficial interests. Form 990. donors with the associated letter 9. A partnership in which any The following are some general rules. designations. individuals described in 1, 2, 3, 4, 5, or 6 • A private foundation must file Form above hold more than 35% of the profits 990-PF annually, regardless of its gross Line 2(ii). Use Schedule A (Form 990 or interest. receipts. 990-EZ) Public Charity Status and Public Support, Part II, Support Schedule for • Unless specifically required to file Form Organizations Described in Sections Substantial contributor. A substantial 990 or Form 990-EZ (see the Instructions 170(b)(1)(A)(iv) and 170(b)(1)(A)(vi), and contributor is any individual or for Form 990), most public charities that its instructions to determine if you met the organization that gave more than $5,000 normally have gross receipts of $50,000 or public support test for your most recent to you from the date you were formed or less may satisfy their filing obligation with 5-year period. other date that your exemption would be Form 990-N, Electronic Notice effective, to the end of the year in which (e-Postcard). the contributions were received. This total Instructions for Form 1023 -15- |
Page 16 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. If you fail to file a required The characteristics generally attributed to activities conducted as part of your ! information return or notice for 3 churches are: services further your religious purposes. CAUTION consecutive years, your exempt • A distinct legal existence, Line 7a. Enter the average number of status will be automatically revoked. • A recognized creed and form of members and non-members who attend worship, your regularly scheduled religious Line 1. Check “Yes,” if you’re claiming • A definite and distinct ecclesiastical services. you are excepted from filing a Form government, 990-series return or notice and indicate • A formal code of doctrine and Line 8. An “established place of worship” the reason you believe you’re excepted discipline, is a place where you hold regularly from filing. See Pub. 557 and the • A distinct religious history, scheduled religious services. It may be a Instructions for Form 8940, Request for • A membership not associated with any place that you own, rent, or that is Miscellaneous Determination, for more other church or denomination, provided free for your use. information on the requirements for the • Ordained ministers ministering to the Line 9. An “established congregation” or various filing exceptions. Provide congregation, “other religious membership group” information regarding how you meet your • Ordained ministers selected after includes individuals who regularly attend requested exception in your narrative completing prescribed courses of study, and take part in the religious services of description of activities or as part of an • A literature of its own, your organization at an established uploaded supplemental response. • Established places of worship, location. An established congregation • Regular congregations, generally doesn’t include members of only Part X. Signature • Regular religious services, one family. If you answer “No,” because • Sunday schools for the religious you don’t have an established Signature requirements. An officer, instruction of the young, and congregation or other religious director, trustee, or other official who is • Schools for the preparation of ministers. membership, you may be a religious authorized to sign for the organization must sign Form 1023. The signature must Although you don’t need to meet each of organization that doesn’t qualify as a be accompanied by the title or authority of the above criteria to be classified as a church. If you don’t qualify as a church, the signer and the date. church, you’re generally required to have you will need to go back to Part VII, line 1, a congregation or other religious to reconsider your public charity membership group. For purposes of classification. The person signing Form 1023 foundation classification under section TIP must be listed as an officer, 509(a)(1) and 170(b)(1)(A)(i), the term You may request classification as director, or trustee within the first “church” includes, without limitation, TIP a church at a later date after you five entries of Part I, line 9. mosques, temples, and synagogues, and establish a congregation or other certain other forms of religious religious membership group. For Upload Checklist organizations. For more information, see information about this option, see Form Documents to upload. Check the boxes Pub. 1828. 8940, Request for Miscellaneous Determination Under Section 507, 509(a), to indicate which documents are included The practices and rituals associated with 4940, 4942, 4945, and 6033 of the Internal in the file you upload with your application. your religious beliefs or creed must not be Revenue Code, or contact our customer You must upload a copy of your illegal or contrary to public policy. account service representatives at organizing document and any 877-829-5500 (toll-free). amendments to it along with a copy of your bylaws, if adopted. The other listed Line 9a. Enter the total number of your documents are not required. Specific Line Items current members. If you have no Put your name and EIN on each page Line 1. Describe your written creed, members, enter zero (0). of your supplemental response and statement of faith, or summary of beliefs. Line 9b. Answer “Yes,” if you have a identify the part and line number to which Line 2. Your literature includes any prescribed way to become a member. the information relates. writings about your beliefs, rules, or Answer “Yes,” even if you just keep Pay.gov can accommodate only one history. records of who is currently a member. Describe any actions required for uploaded file. Consolidate your Line 3. A “code of doctrine and discipline” individuals to become members. attachments into a single PDF file, which refers to a body of laws or rules that cannot exceed 15MB. govern behavior. Line 9c. Describe any rights and benefits If your PDF file exceeds the 15MB limit, of members. You should include details of remove any items over the limit and Line 4. A “religious hierarchy or any levels of membership and the rights contact IRS Customer Accounts Services ecclesiastical government” refers to and/or benefits associated with each level. at 877-829-5500 for assistance on how to people or institutions that exercise submit the removed items. significant influence or authority over your Line 9d. If your members may be church. associated with another denomination or Schedule A. Churches church, describe the circumstances in Line 5. Answer “Yes,” if you’re part of a which your members would be members There is no single definition of the word group of churches with similar beliefs and of your church and another church. “church” for tax purposes. When structures, such as a convention, determining whether a section 501(c)(3) association, or union of churches. Line 9e. See Appendix C for a religious organization is described as a description of the word “family.” church (described in section 509(a)(1) and Line 6. A “form of worship” refers to 170(b)(1)(A)(i)), we will consider religious practices that express your Line 10. Answer “Yes,” if you conduct characteristics generally attributed to devotion to your creed, faith, or beliefs. baptisms, weddings, funerals, or other religious rites. churches and the facts and circumstances Line 7. Indicate the regular days and of each organization applying for public times of your religious services. Describe Line 11. A school for the religious charity classification as a “church.” the order of events during your regular instruction of the young refers to any worship service and explain how the -16- Instructions for Form 1023 |
Page 17 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. regularly scheduled religious, educational • Certification by the appropriate state nondiscriminatory policy as to students as activities for youth. authority or successful completion of follows. required training for qualified teachers; Line 12. A “prescribed course of study” The M school admits students refers to formal or informal training. It • Records of regular attendance by students at your facility; and doesn’t include self-ordination or paying a of any race, color, national fee for an ordination certificate without • A lease agreement or deed for your origin, and ethnic origin to all the facility. completing a course of study. Describe rights, privileges, programs, and the course of study completed by your If you answer “No,” you may not meet activities generally accorded or religious leaders. the requirements of a school and you may made available to students at Line 15. Provide any additional need to go back to Part VII, line 1, to the school. It doesn't information you would like us to consider reconsider your foundation classification if discriminate on the basis of that would help us classify you as a you requested classification as a school race, color, national origin, and church. under sections 509(a)(1) and 170(b)(1)(A) ethnic origin in administration of (ii). its educational policies, admission policies, scholarship Schedule B. Schools, Line 2. Answer “Yes,” if your primary and loan programs, and athletic Colleges, and Universities function of the school is the presentation and other school-administered of formal instruction. If you answer “No,” An organization qualifies as a school (for you may not meet the requirements for programs. purposes of classification under sections classification as a school and may want to 509(a)(1) and 170(b)(1)(A)(ii)) if all the go back to Part VII, line 1, to reconsider following applies. It: your foundation classification if you Annual certification. A private school requested classification as a school under must certify annually that it meets the • Presents formal instruction as its sections 509(a)(1) and 170(b)(1)(A)(ii). requirements of Rev. Proc. 75-50, as primary function, modified by Rev. Proc. 2019-22, by filing • Has a regularly scheduled curriculum, Line 3. Answer “Yes,” if you’re a public Schedule A (Form 990, or Form 990-EZ) • Has a regular faculty of qualified school and explain how you’re operated Organization Exempt Under Section teachers, by the state or a subdivision of a state, 501(c)(3). • Has a regularly enrolled student body, including if you have a signed contract or and agreement with a state or local Schools that don’t file Form 990 or • Has a place where educational government under which you operate and 990-EZ must make the certification by activities are regularly carried on. receive funding. If you answer “Yes,” don’t filing Form 5578, Annual Certification of complete the remainder of Schedule B. Racial Nondiscrimination for a Private The term “school” includes primary, School Exempt From Federal Income Tax. secondary, preparatory, high schools, Line 4. Answer “Yes,” if you were formed colleges, and universities. An organization or substantially expanded when public Line 7. Answer “Yes,” if your organizing won’t be described as a school under schools in your district or county were document or bylaws contain a sections 509(a)(1) and 170(b)(1)(A)(ii) if it desegregated by court order. nondiscriminatory statement as to students similar to the one shown above engages in both educational and If you're unsure whether to answer or if you adopted such a policy by non-educational activities, unless the latter ! “Yes,”contact an appropriate resolution of your governing body. State are merely incidental to the educational CAUTION school official. activities. Non-traditional schools such as where your policy is located in your an outdoor survival school or a yoga Line 5. Answer “Yes,” if a state or federal organizing document, bylaws, or if it is in school may qualify. However, an administrative agency or judicial body ever an adopted resolution. If you answered organization may further an educational determined your organization to be racially “No,” you must adopt a nondiscriminatory purpose without satisfying all the discriminatory. Identify the parties involved policy before submitting this application. conditions listed above that describe a and the forum in which the case was Line 8. Answer “Yes,” if your brochures, school. Such organizations may qualify as presented. Explain the reason for the application forms, advertisements, and public charities based upon their sources action, the decision reached, and provide catalogues dealing with student of support as organizations described in legal citations (if any) for the decision. admissions, programs, and scholarships sections 509(a)(1) and 170(B)(1)(A)(vi) or Also, explain in detail any changes made contain a statement similar to the section 509(a)(2). in response to the action against your following: organization or the decision reached. The M school admits students of any Specific Line Items race, color, and national or ethnic Establishment of Racially origin. Line 1. Answer “Yes,” if you have a Nondiscriminatory Policy regularly scheduled curriculum, a regular faculty of qualified teachers, a regularly Every private school is subject to the enrolled student body, and facilities where provisions of Revenue Procedure 75-50, Line 8a. If you answered “No” to Line 8, your educational activities are regularly 1975-2 C.B. 587, modified by Rev. Proc. check the box on line 8a if you agree that carried on. 2019-22, 2019-22 I.R.B. 1260. See Pub. all future printed materials, including 557, which sets forth the requirements of website content, will contain a statement If you answer “Yes,”you should Rev. Proc. 75-50 under the section for of nondiscriminatory policy as to students TIP maintain in your records evidence Private Schools. similar to the one provided above. that you meet these factors, such as: Publication of racially nondiscrimina- Line 9. You must make your tory policy. A section 501(c)(3) nondiscriminatory policy known to all • A list of required courses of study, organization that is a private school must segments of the general community dates and times courses are offered, and publish a notice of its racially served by the school. One way to meet other information about how to complete this requirement is to publish your required courses; -17- |
Page 18 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. nondiscriminatory policy annually in a If you complete line 12 indicating hospital if its principal function is providing newspaper or over broadcast media. Rev. TIP you do or will provide loans or treatment services, as described above. Proc. 2019-22 now allows this publication scholarships, be sure your requirement to be satisfied by response to Part IV, line 15 is consistent A hospital doesn't include convalescent continuously displaying your with your response here. homes, homes for children or the aged, or nondiscrimination statement on your institutions whose principal purposes or Internet site, as described below. Line 13. Identify each of your function is to train handicapped individuals Check “Yes,” if you make your racially incorporators, founders, board members, to pursue a vocation. nondiscriminatory policy known to all donors of land, and donors of buildings by segments of the general community you name (whether individuals or Medical research organization. An serve by: organizations). organization is a “medical research organization” if its principal purpose or • Publishing a notice of your policy in a Line 14. Answer “Yes,” if any individuals function is the direct, continuous, and newspaper of general circulation that or organizations on your list have an active conduct of medical research in serves all racial segments of the objective to keep public or private school conjunction with a hospital. The hospital community; education segregated by race and explain with which the organization is affiliated • publicizing your policy over broadcast how these individuals or organizations must be described in section 501(c)(3), a media in a way that is reasonably promote segregation in public or private federal hospital, or an instrumentality of a expected to be effective; or schools. governmental unit, such as a municipal • display a notice of your policy at all hospital. times on your primary, publicly accessible Line 15. Answer “Yes,” if on a continuing Internet homepage in a manner basis, you will maintain for a minimum reasonably expected to be noticed by period of 3 years the following records. “Medical research” means investigations, visitors to the homepage. • Your racial composition (similar to the experiments, and studies to discover, information requested on Schedule B, develop, or verify knowledge relating to See Rev. Proc. 75-50, as modified by line 11). the causes, diagnosis, treatment, Rev. Proc. 2019-22, for guidance on the • Evidence that your scholarships and prevention, or control of human physical or format and content of the required notice loans are awarded on a racially mental diseases and impairments. For and whether any exceptions may apply to nondiscriminatory basis (similar to the more information, see Regulations section you. information requested on Schedule B, 1.170A-9(c)(2). A notice published in the legal line 12). TIP notices section or classified • Copies of all materials used by you or Cooperative hospital service advertisements of your local on your behalf to solicit contributions. organization. A cooperative hospital newspaper generally is not acceptable. • Copies of brochures, application forms, service organization performs one or more advertisements, and catalogues dealing of the specific services listed below for Line 9a. If you answered “No,” to line 9, with student admissions, programs, and one or more exempt hospitals on a check the box on line 9a if you agree that financial aid. cooperative basis. The services listed below are exclusive. A cooperative service you will publicize your nondiscriminatory Answer “No,” if you don’t maintain organization that provides services other policy in a way that meets the records and explain how you meet the than those listed below, or that provides requirements of Revenue Procedure 75– recordkeeping requirements under Rev. services to an organization other than an 50, as modified by Revenue Procedure Proc. 75-50. exempt hospital, doesn’t qualify for 2019-22. Failure to maintain these records exemption under section 501(c)(3). The list of services includes: Line 11. Enter the racial composition of ! or produce them upon the proper your student body, faculty, and CAUTION request will create a presumption 1. Data processing; administrative staff in the spaces that you haven’t complied with the 2. Purchasing (including the provided. Enter actual numbers, rather requirements of Rev. Proc. 75-50. purchasing of insurance on a group basis); than percentages, for the current year and projected numbers for the next academic Schedule C. Hospitals and 3. Warehousing; year. If the number is zero, then enter “0.” Medical Research 4. Billing and collection (including the purchasing of patron accounts receivable If you’re not operational, submit an Organizations on a recourse basis); estimate based on the best information available (such as the racial composition An organization qualifies as a hospital for 5. Food; of the community you serve). purposes of classification under sections 6. Clinical; Don’t identify students, faculty, 509(a)(1) and 170(b)(1)(iii) if it is a: 7. Industrial engineering; ! and staff by name. • Hospital, CAUTION • Medical research organization 8. Laboratory; operated in conjunction with a hospital, or 9. Printing; Line 12. Enter the racial composition of • Cooperative hospital service 10. Communications; students to whom you award loans and organization. scholarships in the spaces provided. Enter 11. Record center; and actual numbers, rather than percentages, Hospital. An organization is a “hospital” 12. Personnel services (including for the current year and projected if its principal purpose or function is selection testing, training, and education numbers for the next academic year. If the providing medical or hospital care or of personnel). number is zero, then enter “0.” If you won’t medical education or research. Medical provide any loans or scholarships, check care includes treatment of any physical or the box provided. mental disability or condition, on an Don’t identify students by name. inpatient or outpatient basis. Thus, if an Specific Line Items organization is a rehabilitation institution, Line 1. Answer “Yes,” if your organization CAUTION! outpatient clinic, or community mental is a medical research organization, as health or drug treatment center, it is a described above. -18- |
Page 19 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 1a. As a medical research to indicate how you determine who is the broad interests of the community organization, you must be associated with eligible for the services, how you inform served by the hospital facility, including a hospital described in section 501(c)(3), the general public about your policy, any those with special knowledge of or a federal hospital, or an instrumentality of requirements you require of patients to expertise in public health, and must be a government. Provide the name of the receive reduced cost or free care, and any made widely available to the public. Each hospital(s) you’re associated with and agreements you might have with hospital facility must conduct a CHNA at describe the relationship(s). municipalities or government agencies to least once every 3 years and adopt an subsidize the cost of admitting or treating implementation strategy to meet the Line 1b. List your assets and their fair patients through this policy. community health need identified through market value and the portion of your such CHNA. assets directly devoted to medical Line 7. Answer “Yes,” if you have a research. Don’t complete the remainder of formal program of medical training and Answer “Yes,” if the hospital facility Schedule C. research. If you answer “Yes,” describe conducted a complying CHNA in the your program, including the programs you current tax year or in either of the 2 Line 2. Answer “Yes,” if you’re a offer, the scope of such programs, and immediately preceding tax years or if the cooperative hospital service organization affiliation with other hospitals or medical hospital facility intends to conduct a and describe the services you provide to care providers with which you carry on the CHNA before the end of its first 3-year your member hospitals and the exempt medical training or research programs. period. status of your membership. Don’t complete the remainder of Schedule C. Line 8. Answer “Yes,” if you have a Line 10b. A financial assistance policy formal program of community educational (FAP), sometimes referred to as a charity Line 3. Answer “Yes,” if all the doctors in programs and describe your programs, care policy, is a policy describing how an your community are eligible for staff including the types of programs offered, organization will provide financial privileges at your facility. You must answer the scope of the programs, and affiliation assistance at its hospital(s) and other “Yes,” even if staff privileges at your with other hospitals or medical care facilities, if any. Financial assistance facilities are limited by capacity, provided providers with whom you offer community includes free or discounted health that all qualified medical professionals in educational programs. services provided to persons who meet your community may seek and would be the organization’s criteria for financial considered for eligibility. Line 9. Answer “Yes,” if you have a board assistance and are unable to pay for all or of directors that is representative of the a portion of the services. Financial Answer “No,” if all doctors in your community you serve or if an assistance doesn’t include: community aren’t eligible for staff organization described under section • Bad debt or uncollectible charges that privileges at your facility. 501(c)(3) with a community board the organization recorded as revenue but If you answer “No,” describe in detail exercises rights or powers over you. wrote off due to a patient’s failure to pay or how you limit eligibility for staff privileges Answer “Yes,”if you’re subject to a the cost of providing such care to such at your facility. Include details of your state corporate practice of medicine law patients; eligibility criteria and selection procedures that requires your governing board to be • The difference between the cost of care for your courtesy staff of doctors. composed solely of physicians licensed to provided under Medicaid or other Line 4. Answer “Yes,” if you admit all practice medicine in the state. means-tested government programs or patients in your community who can pay Line 9a. List each board member by under Medicare and the revenue derived for themselves or through some form of name and describe that person’s therefrom; third-party reimbursement (for example, relationship to you. Also, for each board • Self-pay or prompt pay discounts; or private health insurance, Medicare, or member, describe if and how that • Contractual adjustments with any Medicaid). individual represents the community. third-party payors. Answer “No,” if you limit admission for Generally, hospital employees and staff Answer “Yes,” if the hospital facility has these individuals in any way and describe physicians aren’t individuals considered to adopted a written financial assistance your admission policy in detail, including be community representatives. If you policy and a written policy relating to how and why you restrict patient operate under a parent organization emergency medical care as required by admission. whose board of directors isn’t comprised section 501(r)(4). Line 5. Answer “Yes,” if you offer of a majority of individuals who are Line 10c. Under section 501(r)(5), the emergency medical or hospital care at representative of the community you maximum amounts that can be charged to your facility on a 24-hour basis, seven serve, provide the requested information FAP-eligible individuals for emergency or days a week. for your parent organization's board of other medically necessary care are the directors as well. amounts generally billed to individuals Line 5a. Answer “Yes,” if the reason you who have insurance covering such care. don’t maintain a full-time emergency room Line 10. Section 501(r). Answer “Yes,” if is either because you’re a specialty you operate a facility that is required by a Answer “Yes,” if the hospital facility: hospital where emergency care would be state to be licensed, registered, or 1. Limits or will limit any charges to inappropriate for the services you provide similarly recognized as a hospital. FAP-eligible individuals to whom the or another emergency medical care facility Organizations that respond “Yes,” to this hospital facility provided emergency or that provides such services is located so question are required to meet additional other medically necessary services to not near to you as to make such services as requirements described in section 501(r) more than the amounts generally billed to you might provide duplicative. to be considered a hospital exempt from individuals who had insurance covering taxation by section 501(c). Line 6. Answer “Yes,” if you provide free such care; and or low-cost medical or hospital care Line 10a. A community health needs 2. Prohibits, or upon beginning services. If you answer “Yes,” describe assessment (CHNA) is an assessment of operations will prohibit, the use of gross your policy and to whom you provide the significant health needs of the charges as described in section 501(r)(5). these services. Include details on how community. To meet the requirements of these services promote benefits to the section 501(r)(3), a CHNA must take into The hospital facility may check “Yes,” if community. For example, you may want account input from persons who represent it charged more than the amounts generally billed to individuals who had Instructions for Form 1023 -19- |
Page 20 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. insurance covering such care to an • It meets one of three required is vested in the same persons who control individual if: relationship tests with the supported or manage your supported • The charge in excess of the amounts organization(s); and organization(s). generally billed (AGB) wasn’t made or • It isn’t controlled by disqualified “ • Type III (“operated in connection requested as a pre-condition of providing persons,” directly or indirectly. See with” relationship; responsive to the medically necessary care to the Appendix C for a definition of a needs or demands of, and having FAP-eligible individual; “disqualified person.” significant involvement in the affairs of, the • As of the time of the charge, the supported organization(s)): One or more FAP-eligible individual hadn’t submitted a A supporting organization can also of your officers, directors, or trustees are complete FAP application and hadn’t support the charitable purposes of elected or appointed by the officers, otherwise been determined by the hospital organizations that are exempt under directors, trustees, or membership of your facility to be FAP eligible for the care; and, sections 501(c)(4), (5), or (6). supported organization(s); one or more of • If the individual subsequently submits a your officers, directors, trustees, or other complete FAP application and is Specific Line Items important office holders are also members determined to be FAP-eligible for care, the Line 1. List the name, address, and EIN of the governing body of your supported hospital facility refunds any amount that of each organization you support. organization(s); or your officers, directors, exceeds the amount he or she is or trustees maintain a close and determnined to be personally responsible Line 2. Answer “Yes,” if each supported continuous working relationship with the for paying as a FAP-eligible individual, organization has a letter from the IRS officers, directors, or trustees of your unless such excess amount is less than recognizing it as a public charity under supported organization(s). $5. section 509(a)(1) or 509(a)(2). If you don't meet one of these Line 10d. Answer “Yes,” if the hospital Before you file your application, TIP three relationship tests, you aren't facility has, or will have at the beginning of TIP use Tax Exempt Organization described in section 509(a)(3) and operation, either a separate written billing Search on IRS.gov to confirm should review the other foundation and collections policy, or include in a whether each of your supported classification options in Part VII, line 1. written FAP: organizations is currently recognized as • A description of any actions that the exempt and is classified as a public Line 4. Describe how your governing hospital facility (or other authorized party) charity. board and officers are selected, including may take related to obtaining payment of a where (if applicable) this information is in bill for medical care, including, but not Line 2a. Answer “Yes,” if any supported your governing document, bylaws, or limited to, any extraordinary collection organization you listed on line 1 received a other internal rules and regulations. actions (ECAs); letter from the IRS stating that it’s exempt Type III organizations must also • The process and time frames the under sections 501(c)(4), (5), or (6) and describe how your officers, directors, or hospital facility (or other authorized party) meets the public support test under trustees maintain a close and continuing uses in taking those actions (including, but section 509(a)(2). See Pub. 557 for relationship with the officers, directors, or not limited to, the reasonable efforts it will information on the public support test for trustees of your supported organization(s). make to determine whether an individual section 509(a)(2). is FAP-eligible before engaging in ECAs); If you answer “No,” describe how each Line 5. Prohibited control by disquali- and organization you support is a public charity fied person. You can’t be described in • The office, department, committee, or under section 509(a)(1) or 509(a)(2). For section 509(a)(3) if you’re directly or other body with the final authority or example, if you support a church or indirectly controlled by disqualified responsibility for determining that the foreign organization that hasn’t received a persons. You are controlled if disqualified hospital facility has made reasonable determination letter recognizing it as a persons: efforts to determine whether an individual public charity, you should describe how • Can exercise 50% or more of the total is FAP-eligible and may therefore engage this organization qualifies as a public voting power of your governing body; in ECAs against the individual. charity under section 509(a)(1) or 509(a) • Have authority to affect significant (2). See Pub. 557 for information on public decisions, such as power over your Schedule D. Section charities under sections 509(a)(1) and investment decisions, or power over your 509(a)(2). charitable disbursement decisions; or 509(a)(3) Supporting • Can exercise veto power over your Line 3. Relationship test. To qualify actions. Organizations under section 509(a)(3), you must show Although control is generally that you meet one of three relationship demonstrated where disqualified persons Supporting organizations are described in tests with your supported organization(s). have the authority over your governing section 509(a)(3). The term “supported Select the option that best describes your body to require you to take an action or organization” refers to an organization that relationship with your supported refrain from taking an action, indirect a supporting organization benefits. A organization(s). control by disqualified persons will also supporting organization may support more • Type I (“operated, supervised, or disqualify you as a supporting than one supported organization. controlled by” relationship; comparable organization. to a parent–subsidiary relationship): A An organization qualifies as a supporting majority of your governing board or See Appendix C for a description of the organization (for purposes of classification officers are elected or appointed by the terms “disqualified person,” “family,” under section 509(a)(3)) if: governing body, members of the “foundation manager,” and “business • It is organized and at all times thereafter governing body, officers acting in their relationship.” is operated exclusively for the benefit of, official capacity, or the membership of Public charities and foundation to perform the function of, or to carry out your supported organization(s). TIP managers who otherwise are the purposes of one or more public • Type II (“supervised or controlled in disqualified persons only because charities described in section 509(a)(1) or connection with” relationship; they are foundation managers aren't 509(a)(2); comparable to a brother–sister disqualified persons for this purpose. relationship): Your control or management -20- |
Page 21 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Line 7. Organizational test. If you officers, directors, or trustees of each modifications, reduced by total answered “No,” you are a Type III supported organization; and deductions. Gross income doesn’t include supporting organization, you must amend 2. Exercise a substantial degree of gifts, grants, or contributions. See your organizing document to specify direction over the policies, programs, and Appendix C. your supported organization(s) by name; activities of each supported organization. For purposes of this line, “non-exempt-use or you won’t meet the organizational test assets” are all assets of the supporting under section 509(a)(3) and need to For example, N, an organization reconsider your requested public charity described in section 501(c)(3), is the organization other than: classification in Part VII, line 1. parent organization of a healthcare system 1. Assets described in Regulations consisting of two hospitals (Q and R) and section 53.4942(a)(2)(c)(2)(i) through (iv), Line 7a. If you answered “No,” you won’t an outpatient clinic (S), each of which is and meet the organizational test under section described in section 509(a)(1), and a 2. Exempt-use assets, which are 509(a)(3) unless you amend your taxable subsidiary (T). N is the sole assets that are used (or held for use) organizing document to specify your member of each of Q, R, and S. Under the directly in carrying out the exempt supported organization(s) by name, charter and bylaws of each of Q, R, and S, purposes of your supported organization. purpose, or class, and need to reconsider N appoints all members of the board of See Regulations section 1.509(a)-4(i)(8) your requested public charity classification directors of each corporation. N engages for more information. in Part VII, line 1. in the overall coordination and supervision Line 8. When responding to this question, of the healthcare system’s exempt Line 13a. List the total amount you don’t include donors that are section subsidiary corporations Q, R, and S in distribute(d) annually to each supported 509(a)(1), (2), or (4) organizations. approval of their budgets, strategic organization. Also, indicate how each planning, marketing, resource allocation, amount will vary from year to year. This prohibition on contributions securing tax-exempt bond financing, and TIP from controlling donors only community education. N also manages Line 13b. List the total annual income for applies to Type I and Type III and invests assets that serve as each supported organization. If you supporting organizations. endowments of Q, R, and S. distribute your income to, or for the use of, a particular department or program of an Line 9. Type III responsiveness test. Line 12. Answer “Yes,” if you conduct organization, list the annual revenue of the Answer “Yes,” if, because of your activities that the supported organization supported department or program. relationship described in line 3, the would otherwise need to conduct in supported organization has a significant furtherance of its exempt purposes and Line 13c. Answer “Yes,” if your funds are involvement in your investment policies, describe the activities that you conduct. “earmarked” for a particular program or activity conducted by your supported making and timing of grants, and directing Holding title to and managing assets organization. the use of your income and assets, and that are used (or held for use) directly in explain how your supported organization carrying out the exempt purposes of your is involved in these matters. supported organization (exempt-use Schedule E. Effective Date assets) are activities that directly further The questions in this schedule will help us Line 10. Type III notification require- the exempt purposes of your supported determine the effective date of exemption ment. A Type III supporting organization organization. Conversely, with certain if you’re either seeking reinstatement after must provide the notice described in this exceptions, fundraising, making grants automatic revocation or you’re filing this question. If you’re a Type III supporting (whether to the supported organization or application more than 27 months after the organization, you’ll be required to answer to third parties), and investing and end of the month in which you were legally this question annually on your annual managing non-exempt-use assets aren’t formed. information return (Schedule A of Form activities that directly further the exempt 990 or 990-EZ). purposes of the supported organization. Specific Line Items Lines 11–13. Type III integral part test. See Regulations section 1.509(a)-4(i)(4) An organization seeking classification as a (ii) for more information. Line 1. Answer “Yes,” if your exempt status was automatically revoked under Type III supporting organization must Line 13. To satisfy the integral part test section 6033(j)(1) for failure to file required meet an integral part test, which is as a non-functionally integrated supporting annual returns or notices for 3 consecutive satisfied by maintaining significant organization, you must distribute at least years and you’re applying for involvement in the operations of one or 85% of your annual net income or 3.5% reinstatement. more supported organizations and of the aggregate fair market value of all providing support on which the supported of your non-exempt-use assets (whichever Rev. Proc. 2014-11, 2014-3 I.R.B. 411, organization(s) are dependent. A Type III is greater) to your supported at IRS.gov/irb/2014-03_IRB establishes supporting organization may be organization(s). You can use Part V of several different procedures for reinstating functionally integrated (lines 11–12) or Schedule A (Form 990 or 990-EZ) to help an organization’s exempt status non-functionally integrated (lines 13 and determine your answer to this question. depending upon its size, the number of 13a–c) depending on the manner in which times it’s been automatically revoked, and it meets the integral part test. Functionally The distributable amount for the the timeliness of filing for reinstatement. integrated Type III supporting TIP first tax year an organization is Review the revenue procedure to organizations are subject to fewer treated as a non-functionally determine which section applies to you. restrictions and requirements than integrated Type III supporting organization non-functionally integrated Type IIII is zero. Line 1a. Select the section of Rev. Proc. supporting organizations. 2014-11 under which you’re applying for reinstatement. Line 11. Answer “Yes,” if you’re the For purposes of this line, “net income” has parent of all your supported organizations the same meaning as the term “adjusted Section 4. Select this section if: because you: net income.” In general, “adjusted net • You were eligible to file either Form 1. Have the power to appoint or elect, income” is the excess of gross income, 990-EZ or Form 990-N for each of the 3 directly or indirectly, a majority of the including gross income from any unrelated consecutive years that you failed to file; trade or business, determined with certain -21- |
Page 22 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. • This is the first time you’ve been Describe how you exercised ordinary Schedule F. Low-Income automatically revoked pursuant to section business care and prudence in 6033(j)(1); and determining and attempting to comply with Housing • You’re submitting this application no your filing requirements in each of the 3 To qualify for tax exemption, low-income later than 15 months after the later of the years of revocation. Include a detailed housing must provide affordable housing date of your Revocation Letter or the date explanation of all the facts and for a significant segment of individuals in on which the IRS posted your name on the circumstances that led to the failure, the your community with low incomes. Your Auto-Revocation List at discovery of the failure, and the steps you low-income housing may serve a apps.irs.gov/app/eos/. have taken or will take to avoid or mitigate combination of purposes, such as for By selecting this item, you’re also future failures to file timely returns or poor, frail, and elderly persons. attesting that your failure to file wasn’t notices. intentional and you’ve put in place Section 7. Select this section if you’re Specific Line Items procedures to file required returns or seeking reinstatement with an effective Line 1. The “type” of facility may be an notices in the future. date of reinstatement of the date of apartment complex, condominium, If you were classified as a private submission of this application. cooperative, or private residence, etc. TIP foundation prior to your Line 2. Generally, if you didn’t file Form Line 6. Answer “Yes,” if you charge daily, automatic revocation, you weren't 1023 within 27 months of formation, the weekly, monthly, or annual fees or eligible to file either Form 990-EZ or Form effective date of your exempt status will be maintenance charges. 990-N and, therefore, aren't eligible to the date you filed Form 1023 (submission Line 8. Government programs include request reinstatement under Section 4. date). We may grant requests for an federal, state, or local government earlier effective date when there’s programs. If your exempt status was evidence to establish you acted ! automatically revoked more than reasonably and in good faith, and the CAUTION once, you’re not eligible for Schedule G. Successors grant of relief won’t prejudice the interests reinstatement under Section 4; however, of the government. to Other Organizations you may apply for reinstatement under Section 5, Section 6, or Section 7. Select the appropriate box to indicate You should consider this schedule as a whether you accept the submission date successor organization if any of the Section 5. Select this section if: as the effective date of your exempt status following situations pertain to you. or whether you are requesting an earlier • You took or will take over activities • You’re ineligible to file for reinstatement effective date. previously conducted by another under Section 4, and • You’re submitting this application not Line 2a. You may be eligible for organization. later than 15 months after the later of the consideration for relief from the • You took or will take over 25% or more date of your Revocation Letter or the date requirement that you file Form 1023 within of the fair market value of the net assets on which the IRS posted your name on the 27 months of formation if you can of another organization. Auto-Revocation List at establish that you acted reasonably and in • You were established upon the apps.irs.gov/app/eos/. good faith, and that granting an extension conversion of an organization from By selecting this item, you’re also won’t prejudice the interests of the for-profit to non-profit status. attesting that you filed the required annual government. The other organization is the returns, your failure to file was not Describe in detail your reasons for filing predecessor organization. You should intentional, and you have put in place late, how you discovered your failure to complete this schedule regardless of procedures to file required returns or file, any reliance on professional advice or whether the predecessor (other notices in the future. advice from the IRS, and any other organization) was exempt or not exempt Describe how you exercised ordinary information you believe will support your from federal income tax. business care and prudence in request for relief. Also, you may want to For purposes of this schedule, a determining and attempting to comply with provide a comparison of (1) what your “for-profit” organization is one in which your filing requirements in at least 1 of the aggregate tax liability would be if you had persons are permitted to have an 3 years of revocation. Include a detailed filed this application within the 27-month ownership or partnership interest, such as explanation of all the facts and period with (2) what your aggregate corporate stock. It includes sole circumstances that led to the failure, the liability would be if you were exempt as of proprietorships, corporations, and other discovery of the failure, and the steps you your formation date. entities that provide for ownership have taken or will take to avoid or to We may consider the following factors. interests. mitigate future failures to file timely returns • You filed Form 1023 before we or notices. discovered your failure to file. Schedule H. Organizations • You failed to file because of intervening Providing Scholarships, Section 6. Select this section if you are events beyond your control. applying for reinstatement of your • You exercised reasonable diligence, Fellowships, Educational tax-exempt status more than 15 months but you weren’t aware of the filing Loans, or Other from the later of the date of the Revocation requirements. (The complexity of your Letter or the date on which the IRS posted filing and experience in these matters may Educational Grants to your name on the Auto-Revocation List at be taken into consideration.) Individuals and Private apps.irs.gov/app/eos/. • You reasonably relied on written advice Foundations Requesting By selecting this item, you’re also from us. attesting that you filed the required annual • You reasonably relied on the advice of Advance Approval of returns, your failure to file wasn’t a qualified tax professional who failed to Individual Grant intentional, and you have put in place file or advise you to file Form 1023. Procedures procedures to file required returns or notices in the future. Complete this schedule if you provide scholarships, fellowships, grants, loans, or -22- |
Page 23 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. other distributions to individuals for If you make educational loans, charities-non-profit/private-foundations/ educational purposes. When answering describe the terms of the loan (for advance-approval-of-grant-making- the questions on this schedule, you should example, the factors you consider in procedures. demonstrate how these distributions selecting or approving loan recipients, Line 1a. Check the box for section further your exempt purposes. interest rate, duration, forgiveness “4945(g)(1)” if your award qualifies as a provision, etc.). Also, describe whether If you’re a private foundation, scholarship or fellowship grant that’s any financial institutions or other lenders awarded on an objective and ! you’re subject to the rules under are involved in your program. CAUTION section 4945 and may incur an nondiscriminatory basis and is used for excise tax if you make grants for the Explain how you will publicize your study at a school (see Schedule B for purpose described above without seeking program and whether you publicize to the what is considered a school). advance approval of your grant-making general public or to another group of Check the box for “4945(g)(3)” if the procedures (see Schedule H–Section II). possible recipients. Include specific purpose of your award is to achieve a information about the geographic area in specific objective, produce a report or Generally, distributions made to which your program will be publicized and other similar product, or improve or individuals may advance educational the means you will use, such as through enhance a literary, artistic, musical, purposes if selection is made: newspaper advertisements, school district scientific, teaching, or other similar • In a non-discriminatory fashion in terms announcements, or community groups. of racial preference; capacity, skill, or talent of the recipient. • Based on need and/or merit; and Line 2. Organizations that make grants to Include your educational loan program • To a charitable class in terms of being individuals must maintain adequate under this section. available to an open-ended group, rather records and case histories showing the You may check more than one box. than to pre-selected individuals. name and address of each recipient, pursuant Rev. Rul. 56-304, 1956-2 C.B. If your award qualifies as a prize A scholarship or fellowship is tax free to 306 but don’t provide this information as TIP or award that is subject to the the recipient only if he or she is a part of your application. provisions of section 74(b) and candidate for a degree at an eligible your recipient is selected from the general educational institution and uses the public, you don’t have to request advance scholarship or fellowship to pay qualified Section II approval of your grant-making procedures education expenses. If you requested public charity since a prize or award isn’t subject to the Qualified education expenses include classification in Part VII, line 1, don’t advance approval procedure requirements tuition and fees; and course-related complete Schedule H – Section II. because it isn’t a grant for travel, study, or expenses such as books, supplies, and Line 1. Answer “Yes,” if you’re a private other similar purposes. See Rev. Ruls. equipment. Room and board, travel, foundation and you’re requesting 77-380, 1977-2 C.B. 419; 76-460, 1976-2 research, clerical help, and non-required advance approval of your grant-making C.B. 371; and 75-393, 1975-2 C.B. 451. equipment aren’t qualified education procedures under section 4945(g). Line 4. Answer “Yes,” if you award expenses. See Pub. 970, Tax Benefits for Answer “No,” if you’re a private foundation scholarships on a preferential basis Education, for additional information. but don’t wish to request advance because you require, as an initial Selection of individuals using a lottery approval of your grant-making procedures qualification, that the individual be an system generally hasn’t been approved by under section 4945(g). If you answer “No” employee or be related to an employee of the IRS. the amounts you distribute as educational a particular employer. grants provided to individuals may be Specific Line Items considered taxable expenditures under Line 7. For purposes of this schedule, a section 4945. program for children of employees of a Section I particular employer includes children and For more information about advance Line 1. If you conduct more than one approval of grant-making procedures of a family members of employees. grant program, describe each program private foundation, go to IRS.gov/ separately. Instructions for Form 1023 -23- |
Page 24 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Paperwork Reduction Act Notice. We ask for the information on this form to carry out the Internal Revenue laws of the United States. You are required to give us the information. We need it to ensure that you are complying with these laws and to allow us to figure and collect the right amount of tax. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. However, certain returns and return information of tax exempt organizations and trusts are subject to public disclosure and inspection, as provided by section 6104. The time needed to complete and file this form will vary depending on individual circumstances. The estimated burden for tax exempt organizations filing this form is approved under OMB control number 1545-0047 and is included in the estimates shown in the instructions for their information return. Comments and suggestions. If you have comments concerning the accuracy of this time estimate or suggestions for making this form simpler, we would be happy to hear from you. You can send us comments from IRS.gov/FormComments. Or you can write to: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. NW, IR-6526 Washington, DC 20224 -24- Instructions for Form 1023 |
Page 25 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix A: Sample Conflict of Interest Policy Note. This Sample Conflict of indirectly, through business, conflict of interest is discussed 4. Violations of the Conflict Interest Policy is intended to investment, or family: and voted upon. The of Interest Policy provide an example of a a. An ownership or remaining board or committee conflict of interest policy for investment interest in any members shall decide if a a. If the governing board or organizations. The sample entity with which the conflict of interest exists. committee has reasonable cause to believe a member conflict of interest policy does Organization has a 3. Procedures for Address- has failed to disclose not prescribe any specific transaction or ing the Conflict of Interest actual or possible conflicts requirements. Therefore, arrangement, of interest, it shall inform organizations should use a b. A compensation a. An interested person may make a presentation the member of the basis conflict of interest policy that arrangement with the for such belief and afford at the governing board or best fits their organization. Organization or with any the member an opportunity committee meeting, but entity or individual with to explain the alleged after the presentation, Note. Items marked Hospital which the Organization failure to disclose. he/she shall leave the insert — for hospitals that has a transaction or b. If, after hearing the meeting during the complete Schedule C are arrangement, or member's response and discussion of, and the vote intended to be adopted by c. A potential ownership or after making further on, the transaction or hospitals. investment interest in, or investigation as warranted arrangement involving the Article I compensation by the circumstances, the possible conflict of arrangement with, any governing board or interest. Purpose entity or individual with committee determines the The purpose of the conflict of which the Organization is b. The chairperson of the governing board or member has failed to interest policy is to protect this negotiating a transaction disclose an actual or committee shall, if tax-exempt organization's or arrangement. possible conflict of appropriate, appoint a (Organization) interest when it d. Compensation includes interest, it shall take disinterested person or is contemplating entering into direct and indirect appropriate disciplinary committee to investigate a transaction or arrangement remuneration as well as and corrective action. alternatives to the that might benefit the private gifts or favors that aren’t proposed transaction or interest of an officer or director insubstantial. A financial Article IV arrangement. of the Organization or might interest isn’t necessarily a Records of Proceedings result in a possible excess conflict of interest. Under c. After exercising due diligence, the governing benefit transaction. This policy Article III, Section 2, a The minutes of the governing board or committee shall is intended to supplement but person who has a financial board and all committees with determine whether the not replace any applicable interest may have a board delegated powers shall Organization can obtain, state and federal laws conflict of interest only if contain: with reasonable efforts, a governing conflict of interest the appropriate governing a. The names of the persons more advantageous applicable to nonprofit and board or committee who disclosed or otherwise transaction or arrangement charitable organizations. decides that a conflict of were found to have a financial from a person or entity that interest exists. Article II would not give rise to a interest in connection with an Article III conflict of interest. actual or possible conflict of Definitions d. If a more advantageous interest, the nature of the Procedures transaction or arrangement financial interest, any action 1. Interested Person Any isn’t reasonably possible taken to determine whether a director, principal officer, or 1. Duty to Disclose In member of a committee with connection with any actual or under circumstances not conflict of interest was present, governing board delegated possible conflict of interest, an producing a conflict of and the governing board's or powers, who has a direct or interested person must interest, the governing committee's decision as to indirect financial interest, as disclose the existence of the board or committee shall whether a conflict of interest in defined below, is an interested financial interest and be given determine by a majority fact existed. person. the opportunity to disclose all vote of the disinterested b. The names of the persons material facts to the directors directors whether the who were present for [Hospital insert – for and members of committees transaction or arrangement discussions and votes relating hospitals that complete with governing board is in the Organization best to the transaction or Schedule C. If a person is an delegated powers considering interest, for its own benefit, arrangement, the content of interested person with respect the proposed transaction or and whether it is fair and the discussion, including any to any entity in the health care arrangement. reasonable. In conformity alternatives to the proposed with the above transaction or arrangement, system of which the 2. Determining Whether a determination, it shall and a record of any votes organization is a part, he or Conflict of Interest Exists make its decision as to taken in connection with the she is an interested person After disclosure of the financial whether to enter into the proceedings. with respect to all entities in the interest and all material facts, transaction or health care system.] and after any discussion with arrangement. 2. Financial Interest A the interested person, he/she person has a financial interest shall leave the governing if the person has, directly or board or committee meeting while the determination of a -25- |
Page 26 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Article V prohibited from providing b. Has read and b. Whether partnerships, information to any committee understands the policy, joint ventures, and Compensation regarding compensation. c. Has agreed to comply arrangements with a. A voting member of the [Hospital insert-for with the policy, and management governing board who receives hospitals that complete d. Understands the organizations conform to compensation, directly or Schedule C Physicians who Organization is charitable the Organization's written indirectly, from the receive compensation from the and in order to maintain its policies, are properly Organization for services is Organization, whether directly federal tax exemption it recorded, reflect precluded from voting on or indirectly or as employees must engage primarily in reasonable investment or matters pertaining to that or independent contractors, activities that accomplish payments for goods and member's compensation. are precluded from one or more of its services, further charitable membership on any committee tax-exempt purposes. purposes and don't result in inurement, b. A voting member of any whose jurisdiction includes Periodic Reviews impermissible private committee whose jurisdiction compensation matters. No includes compensation physician, either individually or To ensure the Organization benefit, or in an excess matters and who receives collectively, is prohibited from operates in a manner benefit transaction. compensation, directly or providing information to any consistent with charitable indirectly, from the committee regarding physician purposes, and doesn't engage Article VIII Organization for services is compensation.] in activities that could Use of Outside Experts precluded from voting on jeopardize its tax-exempt matters pertaining to that Article VI status, periodic reviews shall When conducting the periodic member's compensation. be conducted. The periodic reviews, as provided for in Annual Statements reviews shall, at a minimum, Article VII, the Organization c. No voting member of the Each director, principal officer, include the following subjects: may, but need not, use outside advisors. If outside experts are governing board or any and member of a committee a. Whether compensation used, their use shall not relieve committee whose jurisdiction with governing board arrangements and benefits the governing board of its includes compensation delegated powers shall are reasonable, based on responsibility for ensuring matters and who receives annually sign a statement competent survey periodic reviews are indirectly, from the compensation, directly or which affirms such person: information, and the result conducted. Organization, either a. Has received a copy of of arm's length bargaining. individually or collectively, is the conflict of interest policy, -26- |
Page 27 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix B: States With Statutory Provisions Satisfying the Requirements of Internal Revenue Code Section 508(e) The following states have adopted legislation satisfying the requirements of Section 508(e) relating to private foundation governing instruments. Information derived from Revenue Ruling 75-38, 1975-1 C.B. 161. ALABAMA — except where otherwise provided by a decree of a court of competent jurisdiction or by a provision in the private foundation's governing instrument, which in either case has been entered or made after October 1, 1971, and expressly limits the applicability of state law. ALASKA — except for such private foundations that expressly provide in their governing instruments that the applicable sections of Alaska law don't apply to them. ARKANSAS — except for such private foundations which expressly provide in their governing instruments that the applicable sections of Arkansas law don't apply to them and except in the case of trusts where otherwise provided by decree of a court of competent jurisdiction. CALIFORNIA — except where otherwise provided by a court of competent jurisdiction. COLORADO — with respect to trusts that are private foundations except where otherwise provided by a court of competent jurisdiction. CONNECTICUT — except where otherwise provided by a court of competent jurisdiction. DELAWARE — except for such private foundations, which expressly provide in their governing instruments that the applicable sections of Delaware law don't apply to them. DISTRICT OF COLUMBIA — except for such corporations, which expressly provide in their governing instruments that the applicable sections of District of Columbia law don't apply to them and except in the case of trusts where otherwise provided by a court of competent jurisdiction. (For purposes of this statute, corporations include corporations organized under any Act of Congress applicable to the District of Columbia as well as corporations organized under the laws of the District of Columbia.) FLORIDA — except for such trusts that file a proper election not to be subject to the applicable provisions of Florida law and for such corporations as to which a court of competent jurisdiction has otherwise determined. GEORGIA — except for such private foundations that file a proper election not to be subject to such law. HAWAII — no exceptions. IDAHO — except for such private foundations that expressly provide in their governing instruments that the applicable sections of Idaho law don't apply to them. ILLINOIS — except for such corporations that have express provisions to the contrary in their articles of incorporation and except for trusts where it is otherwise provided by a court of competent jurisdiction. INDIANA — except where otherwise determined by a court of competent jurisdiction with respect to private foundations organized before January 1, 1970. IOWA — except for such private foundations which expressly provide in their governing instruments that the applicable sections of Iowa law don't apply to them. KANSAS — except where otherwise provided by a court of competent jurisdiction. KENTUCKY — except, with respect to corporations in existence on July 1, 1972, to the extent that such a corporation provides to the contrary by amendment to its articles of incorporation adopted after July 1, 1972, and, with respect to trusts in existence on July 1, 1972, where action is properly commenced on or before December 31, 1972, in a court of competent jurisdiction to excuse the trust from compliance with the requirements of section 508(e) of the Code. LOUISIANA — except for such private foundations that expressly provide in their governing instruments that the applicable sections of Louisiana law don't apply to them. MAINE — except where otherwise provided by a court of competent jurisdiction. MARYLAND — except where otherwise provided by a court of competent jurisdiction. MASSACHUSETTS — except where otherwise provided by a court of competent jurisdiction. MICHIGAN — with respect to trusts that are private foundations except for such private foundations which file a notice of inconsistency under Michigan law. -27- |
Page 28 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. MINNESOTA — except for private foundations that have been held by a court of competent jurisdiction not to be affected by such state statute. MISSISSIPPI — except where otherwise provided by a court of competent jurisdiction. MISSOURI — except for private foundations that have been held by a court of competent jurisdiction not to be affected by such state statute. MONTANA — except in the case of trusts where otherwise provided by court decree entered after March 28, 1974, and except in the case of a corporation that has an express provision to the contrary in its articles of incorporation. NEBRASKA — except for such trusts that effectively elect to be excluded from the applicable sections of Nebraska law, for such corporations which have governing instruments expressly providing to the contrary, and except as a court of competent jurisdiction has otherwise determined in any given case. NEVADA — no exceptions. NEW HAMPSHIRE — except where it is otherwise provided by a court of competent jurisdiction. NEW JERSEY — except for such private foundations that expressly provide in their governing instruments that the applicable sections of New Jersey law don't apply to them. NEW YORK — except where such law conflicts with any mandatory direction of an instrument by which assets were transferred prior to June 1, 1971, and such conflicting direction hasn’t been removed legally. NORTH CAROLINA — except for such private foundations which expressly provide in their governing instruments that the applicable sections of North Carolina law don't apply to them and except for trusts that have their governing instruments reformed by a decree of the Superior Court of North Carolina. NORTH DAKOTA — with respect to trusts that are private foundations except where otherwise provided by a court of competent jurisdiction. OHIO — except in the case of trusts where it is provided otherwise by a court of competent jurisdiction and except in the case of corporations in existence on September 17, 1971, which expressly adopt contrary provisions in their governing instruments after September 17, 1971. OKLAHOMA — except for such private foundations that file a proper election not to be subject to such law. OREGON — no exceptions. PENNSYLVANIA — except where otherwise provided by a court of competent jurisdiction. RHODE ISLAND — except where otherwise provided by a court of competent jurisdiction. SOUTH CAROLINA — except for private foundations that expressly provide in their governing instruments that the applicable sections of South Carolina law don't apply to them. SOUTH DAKOTA — except where otherwise provided by a court of competent jurisdiction. TENNESSEE — except where otherwise provided by a court of competent jurisdiction. TEXAS — except for such private foundations that a proper election not to be subject to such law. UTAH — with respect to trusts that are private foundations except where otherwise provided by a court of competent jurisdiction. VERMONT — except where otherwise provided by a court of competent jurisdiction. VIRGINIA — except for private foundations whose governing instruments contain express provisions to the contrary or that have filed a proper election not to be subject to such law. WASHINGTON — except for such private foundations that expressly provide in their governing instruments that the applicable sections of Washington law don't apply to them. WEST VIRGINIA — with respect to trusts that are private foundations except for such trusts which provide in their governing instruments that the applicable sections of West Virginia law don't apply to them. WISCONSIN — except as may otherwise be provided by decree of a court of competent jurisdiction. WYOMING — except where otherwise provided by a court of competent jurisdiction. -28- |
Page 29 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix C: Glossary of Terms Adjusted net income (for Schedule D) Adjusted net income includes: gross income from any unrelated trade or business; gross income from functionally related businesses; interest payments received on loans; amounts received or accrued as repayments of amounts taken as qualifying distributions for any tax year; amounts received or accrued from the sale or other disposition of property to the extent acquisition of the property was treated as a qualifying distribution for any tax year; any amounts set aside for a specific project to the extent the full set-aside was not necessary for the project; interest on government obligations normally excluded under section 103; net short-term capital gains on sale or other disposition of property; and income received from an estate if the estate is considered terminated for income tax purposes because of a prolonged administration period. It doesn't include: gifts, grants, and contributions received; long-term capital gains or losses; net section 1231 gains; capital gain dividends; the excess of fair market value over adjusted basis of property distributed to the U.S. or a possession or political subdivision, a state or its political subdivision, a charitable trust, or corporation for public purposes; or income received from an estate during the administration period. In computing adjusted net income, deduct the following: ordinary and necessary expenses paid or incurred for the production or collection of gross income, or for the management, conservation, or collection of gross income (includes operating expenses such as compensation of officers, employee wages and salaries, interest, rent, and taxes); straight-line depreciation and depletion (not percentage depletion); and expenses and interest paid or incurred to carry tax-exempt obligations. Don't deduct net short-term capital losses for the year in which they occur (these losses cannot be carried back or carried over to earlier or later tax years); the excess of expenses for property used for exempt purposes over the income received from the property; charitable contributions made by you; net operating losses; and special deductions for corporations. Arm's length A transaction between parties having adverse (or opposing) interests where none of the participants are in a position to exercise substantial influence over the transaction because of business or family relationship(s) with more than one of the parties. Authorized representative An individual eligible to practice before the IRS who holds a power of attorney (Form 2848 or other similar documents) that authorizes him or her to represent the organizations in tax matters, including the application for tax-exempt status. Bingo A game of chance played with cards that are generally printed with 5 rows of 5 squares each, on which participants place markers to form a pre-selected pattern to win the game. Bingo is gambling. Business relationship Employment and contractual relationships, and common ownership of a business where any officers, directors, or trustees, individually or together, possess more than a 35% ownership interest in common. Ownership means voting power in a corporation, profits interest in a partnership, or beneficial interest in a trust. Bylaws The internal rules and regulations of an organization. -29- |
Page 30 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Certification of filing Evidence that, on a specific date, articles of incorporation (for a corporation) or articles of organization (for a limited liability company) were accepted for filing by appropriate state authority resulting in the creation of a state-law entity. Community The local or regional geographic area to be served by an organization. Compensation All forms of income from working, including salary or wages; deferred compensation; retirement benefits, whether in the form of a qualified or non-qualified employee plan (for example, pensions or annuities); fringe benefits (for example, personal vehicle, meals, lodging, personal and family educational benefits, low interest-loans, payment of personal travel, entertainment, or other expenses, athletic or country club membership, and personal use of your property); and bonuses. Conflict of interest policy A set of procedures to identify potential conflicts of interest and to reduce the likelihood that persons in a position of authority over an organization may use that authority to receive an inappropriate benefit. A conflict of interest may arise when a person in a position of authority over an organization, such as a director, officer, or manager, may benefit personally from a decision he or she could make. Controlled by disqualified persons See the definition of a disqualified person below. A section 509(a)(3) supporting organization, may not be controlled directly or indirectly by disqualified persons (other than the organization’s officers, directors or trustees). An organization is controlled by disqualified persons if disqualified persons can exercise 50% or more of the total voting power held by the organization’s governing body. For this purpose, controlled includes the authority to affect significant decisions, such as power over investment decisions, or charitable disbursement decisions, as well as the power to veto such decision. Control may be direct or indirect. Corporation An entity organized under a federal or state corporation law (including the statutes of a federally recognized Indian tribal or Alaskan native government). Develop The planning, financing, construction, or provision of similar services involved in the acquisition of real property, such as land or a building. -30- |
Page 31 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Disqualified person Any individual or organization that is any of the following relationships. a. A substantial contributor to you (see Substantial contributor). b. An officer, director, trustee, or any other individual who has similar powers or responsibilities. c. An individual who owns more than 20% of the total combined voting power of a corporation that is a substantial contributor to you. d. An individual who owns more than 20% of the profits interest of a partnership that is a substantial contributor to you. e. An individual who owns more than 20% of the beneficial interest of a trust or estate that is a substantial contributor to you. f. A member of the family of any individual described in a, b, c, d, or e above. g. A corporation in which any individuals described in a, b, c, d, e, or f above hold more than 35% of the total combined voting power. h. A trust or estate in which any individuals described in a, b, c, d, e, or f above hold more than 35% of the beneficial interests. i. A partnership in which any individuals described a, b, c, d, e, or f above hold more than 35% of the profits interest. Earmark Donations or other contributions given to an organization on the condition or understanding that they will be used to assist particular individuals or specific identified groups. Expenses Financial burdens or outlays, costs (of doing business), and business outlays chargeable against revenues. For purposes of this form, expenses mean direct and indirect expenses. Fair market value The price at which property, or the right to use property, would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy, sell, or transfer property or the right to use property, and both having reasonable knowledge of relevant facts. Family Includes an individual's spouse, ancestors, children, grandchildren, great-grandchildren, siblings (whether by whole or half-blood), and the spouses of children, grandchildren, great-grandchildren, and siblings. Foreign country A country other than the United States, its territories and possessions, and the District of Columbia. For-profit A business entity whose activities are conducted or maintained to make a profit (for example, revenues greater than expenses) for its private shareholders or owners. Foundation manager Officers, directors, or trustees, or an individual having powers or responsibilities similar to those of a foundation's officers, directors, or trustees. -31- |
Page 32 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Fundraising The organized activity of raising funds, whether by volunteers, employees, or paid independent contractors. Gaming The term gaming includes activities such as Bingo, Beano, lotteries, pull-tabs, pari-mutuel betting, Calcutta wagering, pickle jars, punch boards, tip boards, tip jars, certain video games, 21, raffles, keno, split-the-pot, and other games of chance. Gross investment income As defined in section 509, gross investment income means the gross amount of income from interest, dividends, payments with respect to securities loans, rents, and royalties; but not including any such income to the extent included in computing the tax imposed by section 511. Gross receipts For purposes of Part VI-A. Statement of Revenues and Expenses, gross receipts include monies earned from activities related to an organization’s charitable or other section 501(c)(3) activities, such as selling admissions or merchandise, performing services, or furnishing facilities. Hospital Hospital or medical care includes the treatment of any physical or mental disability or condition, whether on an inpatient or outpatient basis. A hospital includes the following. a. Hospitals and rehabilitation institutions, outpatient clinics, or community mental health or drug treatment centers if the principal purpose or function is the providing of medical or hospital care or medical education or research. b. Medical research organizations, if the principal purpose or function is the continuous active conduct of medical research in conjunction with a hospital. Influence legislation The act of directly contacting or urging the public to contact members of a legislative body for the purpose of proposing, supporting, or opposing legislation. Attempting to influence legislation includes advocating the adoption or rejection of legislation. Intellectual property A type of property (distinct from real or personal property) including the following. a. Patents (for inventions). b. Copyrights (for literary and artistic works such as novels, poems, plays, films, musical works, drawings, paintings, photographs, sculptures, architectural designs, performances, recordings, film, and radio or television programs). c. Trade names, trademarks, and service marks (for symbols, names, images, and designs). d. Formulas, know-how, and trade secrets. Joint venture A legal agreement in which the parties jointly undertake a transaction for mutual profit. Generally, each person contributes assets and shares risks. Like a partnership, joint ventures can involve any type of business transaction and the “persons” involved can be individuals, groups of individuals, companies, or corporations. -32- |
Page 33 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Limited liability company A limited liability company (LLC) is a business entity organized in the United States under state law. Generally, an LLC may be classified for federal income tax purposes as a partnership, corporation, or an entity disregarded as separate from its owner by applying the rules in Regulation section 301.7701-3. However, an LLC that has been determined to be, or claims to be, exempt from taxation under section 501(a) is treated as having made an election to be classified as a corporation under Regulation section 301.7701-3(c)(1)(v). Low-income housing Rental or ownership housing provided to persons based on financial need. Mailing address Address where correspondence is received. Manage Manage means to direct or administer. Medical care The treatment of any physical or mental disability or condition, whether on an inpatient or outpatient basis. Medical research organization An organization whose principal purpose or function is the continuous active conduct of medical research in conjunction with a hospital. Net income (for Schedule D) See Adjusted net income. Non-fixed payment A non-fixed payment means a payment that depends on discretion. For example, a bonus of up to $100,000 that is based on an evaluation of performance by the governing board is a non-fixed payment because the governing body has discretion over whether the bonus is paid and the amount of the bonus. Organizing document The organizing document depends on the form of the organization. For a corporation, the document is the articles of incorporation. For an LLC, the document is the articles of organization. For an unincorporated association, the document is the articles of association or constitution. The organizing document of a trust is the trust agreement. Political campaign intervention An organization participates in a political campaign, if it promotes or opposes, through political literature, brochures, pamphlets, hosting or participating in events, etc., the candidacy of an individual for public office. Debates and nonpartisan voter education aren’t considered political. Predecessor An organization whose activities or assets were taken over by another organization. Private foundation An organization that is exempt under section 501(c)(3) is a private foundation unless it is a church, school, hospital, governmental unit, entity that undertakes testing for public safety, organization that has broad financial support from the general public, or organization that supports one or more other organizations that are themselves classified as public charities. Private operating foundation A type of private foundation that makes qualifying distributions directly for the active conduct of its educational, charitable, and religious purposes. “Directly for the active conduct” means that the distributions are used by the foundation itself to carry out the programs for which it is organized and operated. Grants made to assist other organizations or individuals are normally considered indirect. -33- |
Page 34 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Public charity An organization that is exempt under section 501(c)(3) is excepted from private foundation status because it is described in section 509(a)(1) (which cross references sections 170(b)(1)(i) through (vi), and (ix)), 509(a) (2), 509(a)(3), or 509(a)(4). Reasonable compensation Reasonable compensation is the amount that would ordinarily be paid for like services by like organizations under like circumstances as of the date the compensation arrangement is made. Reasonable compensation is important because excessive benefits in the form of compensation to disqualified persons may result in the imposition of excise taxes and jeopardize the organization's tax-exempt status. Related The family or business relationships between persons. Relationship A relationship may exist between one organization and another in the following situations. a. One organization controls the other through common officers, directors, or trustees, or through authority to approve budgets or expenditures. b. Both organizations were created at approximately the same time and by the same persons. c. The organizations operate in a coordinated manner with respect to facilities, programs, employees, or other activities. d. The same persons exercise substantial influence over both organizations. Revenue Revenue means gross revenue amounts. Revenue Procedure An official statement of a procedure published in the IRS Internal Revenue Bulletin (previously the Cumulative Bulletin) that either affects the rights or duties of taxpayers or other members of the public under the Internal Revenue Code and related statutes, treaties, and regulations or, although not necessarily affecting the rights and duties of the public, should be a matter of public knowledge. Revenue Ruling An official interpretation by the IRS of the Internal Revenue laws and related statutes, treaties, and regulations, that has been published in the IRS Internal Revenue Bulletin (previously the Cumulative Bulletin). Revenue Rulings are issued only by the Office of Associate Chief Counsel and are published for the information and guidance of taxpayers, IRS officials, and others concerned. -34- |
Page 35 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. School A school is an educational organization whose primary function is the presentation of formal instruction and that normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of pupils or students in attendance at the place where its educational activities are regularly carried on. A school may include the following. a. Primary, secondary, preparatory, or high school. b. College or university. c. Trade or technical school. d. Nursery or preschool. e. School that you operate as an activity, such as school that is operated as an activity of a museum, historical society, or church. Similarly situated Similarly situated organizations means tax-exempt or taxable organizations of a comparable size, purpose, and resources. Substantial contributor An individual or organization that contributed more than $5,000 to an organization from the date it was formed or other date that its exemption would be effective, to the end of the year in which the contributions were received. This total amount contributed must also be more than 2% of all the contributions the organization received. A creator of a trust is treated as a substantial contributor regardless of the amount contributed. Successor An organization that took over: a. More than a negligible amount of the activities that were previously conducted by another organization, b. 25% or more of the fair market value of the net assets of another organization, or c. Was established upon the conversion of an organization from for-profit to non-profit status. Trust A trust is an entity that may be formed by a trust agreement or declaration of trust. A trust may also be formed through a will. Unincorporated association An unincorporated association formed under state law must have at least two members who have signed a written document for a specifically defined purpose. -35- |
Page 36 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Unrelated business income Income from a trade or business regularly conducted by an exempt organization and not substantially related to the performance by the organization of its exempt purpose or function. See Pub. 598. Unusual grant Substantial contribution or bequest from a disinterested person that, by its size, adversely affects classification as a public charity. It is: a. Unusual, b. Unexpected, and c. Received from an unrelated party. -36- |
Page 37 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix D: National Taxonomy of Exempt Entities (NTEE) Codes Arts, Culture & Humanities B92 Remedial Reading & E65 Organ & Tissue Banks G99 Voluntary Health Associations, Encouragement E6A Pharmacies & Drugstores Medical Disciplines N.E.C. Code B94 Parent & Teacher Groups E70 Public Health G9B Surgical Specialties A01 Alliances & Advocacy B99 Education N.E.C. E80 Health (General & Financing) Medical Research Assistance Environment A02 Management & Technical E86 Patient & Family Support Code A03 Professional Societies & Code E90 Nursing H01 Alliances & Advocacy Associations C01 Alliances & Advocacy E91 Nursing Facilities H02 Management & Technical A05 Research Institutes & Public C02 Management & Technical E92 Home Health Care Assistance Policy Analysis Assistance E99 Health Care N.E.C. H03 Professional Societies & Associations A11 Single Organization Support C03 Professional Societies & Mental Health & Crisis H05 Research Institute & Public A12 Fund Raising & Fund Distribution Associations A19 Support N.E.C. C05 Research Institutes & Public Intervention Policy Analysis A20 Arts & Culture Policy Analysis Code H11 Single Organization Support A23 Cultural & Ethnic Awareness C11 Single Organization Support F01 Alliances & Advocacy H12 Fundraising & Fund Distribution A24 Folk Arts C12 Fundraising & Fund Distribution F02 Management & Technical H19 Support N.E.C. A25 Art Education C19 Support N.E.C. Assistance H20 Birth Defects & Genetic Diseases A26 Arts & Humanities Councils & C20 Pollution Abatement & Control F03 Professional Societies & Research Agencies C27 Recycling Associations H25 Down Syndrome Research A27 Community Celebrations C30 Natural Resources Conservation F05 Research Institutes & Public H30 Cancer Research A30 Media & Communications & Protection Policy Analysis H32 Breast Cancer Research A31 Film & Video C32 Water Resources, Wetland F11 Single Organization Support H40 Diseases of Specific Organs A32 Television Conservation & Management F12 Fundraising & Fund Distribution Research A33 Printing & Publishing C34 Land Resources Conservation F19 Support N.E.C. H41 Eye Diseases, Blindness & A34 Radio C35 Energy Resources Conservation F20 Substance Abuse Dependency, Vision Impairments Research & Development Prevention & Treatment H42 Ear & Throat Diseases Research A40 Visual Arts C36 Forest Conservation F21 Substance Abuse Prevention H43 Heart & Circulatory System A50 Museums C40 Botanical, Horticultural & F22 Substance Abuse Treatment Diseases & Disorders Research A51 Art Museums Landscape Services F30 Mental Health Treatment H44 Kidney Diseases Research A52 Children’s Museums C41 Botanical Gardens & Arboreta F31 Psychiatric Hospitals H45 Lung Diseases Research A54 History Museums C42 Garden Clubs F32 Community Mental Health H48 Brain Disorders Research A56 Natural History & Natural C50 Environmental Beautification Centers H50 Nerve, Muscle & Bone Diseases Science Museums C60 Environmental Education F33 Residential Mental Health Research A57 Science & Technology Museums C99 Environmental N.E.C. Treatment H51 Arthritis Research A60 Performing Art F40 Hot Line & Crisis Intervention H54 Epilepsy Research A61 Performing Arts Centers Animal-Related F42 Sexual Assault Services H60 Allergy-Related Diseases A62 Dance Code F50 Addictive Disorders N.E.C. Research A63 Ballet D01 Alliance & Advocacy F52 Smoking Addiction H61 Asthma Research A65 Theater D02 Management & Technical F53 Eating Disorders & Addictions H70 Digestive Diseases & Disorders A68 Music Assistance F54 Gambling Addiction Research A69 Symphony Orchestras D03 Professional Societies & F60 Counseling H80 Specifically Named Diseases Associations A6A Opera D05 Research Institutes & Public F70 Mental Health Disorders Research A6B Singing & Choral Groups Policy Analysis F80 Mental Health Associations H81 AIDS Research A6C Bands & Ensembles D11 Single Organization Support F99 Mental Health & Crisis H83 Alzheimer’s Disease Research A6E Performing Arts Schools D12 Fundraising & Fund Distribution Intervention N.E.C. H84 Autism Research H90 Medical Disciplines Research A70 Humanities Organizations D19 Support N.E.C. Volutary Health Associations & H92 Biomedicine & Bioengineering A80 Historical Organizations D20 Animal Protection & Welfare Medical Disciplines Research A82 Historical Societies & Historic D30 Wildlife Preservation & Code H94 Geriatrics Research Preservation Protection G01 Alliances & Advocacy H96 Neurology & Neuroscience A84 Commemorative Events D31 Protection of Endangered G02 Management & Technical Research A90 Arts Service Species Assistance H98 Pediatrics Research A99 Arts, Culture & Humanities D32 Bird Sanctuaries G03 Professional Societies & H99 Medical Research N.E.C. N.E.C. D33 Fisheries Resources Associations H9B Surgical Specialties Research Education D34 Wildlife Sanctuaries G05 Research Institute & Public Crime & Legal-Related Code D40 Veterinary Services Policy Analysis B01 Alliances & Advocacy D50 Zoos & Aquariums G11 Single Organization Support Code Organizations D60 Animal Services N.E.C. G12 Fundraising & Fund Distribution I01 Alliances & Advocacy B02 Management & Technical D61 Animal Training G19 Support N.E.C. I02 Management & Technical Assistance D99 Animal Related N.E.C. G20 Birth Defects & Genetic Diseases Assistance B03 Professional Society & Health Care G25 Down Syndrome I03 Professional Societies & Associations Associations G30 Cancer I05 Research Institutes & Public B05 Research Institutes & Public Code G32 Breast Cancer Policy Analysis Policy Analysis E01 Alliances & Advocacy G40 Diseases of Specific Organs I11 Single Organization Support B11 Single Organization Support E02 Management & Technical G41 Eye Diseases, Blindness & I12 Fundraising & Fund Distribution B12 Fundraising & Fund Distribution Assistance Vision Impairments I19 Support N.E.C. B20 Elementary & Secondary Associations B19 Support N.E.C. E03 Professional Societies & G42 Ear & Throat Diseases I20 Crime Prevention Schools E05 Research Institutes & Public G43 Heart & Circulator System I21 Youth Violence Prevention B21 Preschools Policy Analysis Diseases & Disorders I23 Drunk Driving-Related B24 Primary & Elementary Schools E11 Single Organization Support G44 Kidney Diseases I30 Correctional Facilities B25 Secondary & High Schools E12 Fundraising & Fund Distribution G45 Lung Diseases I31 Half-Way Houses for Offenders B28 Special Education E19 Support N.E.C. G48 Brain Disorder & Ex-Offenders B29 Charter Schools E20 Hospitals G50 Nerve, Muscle, & Bone Diseases I40 Rehabilitation Services for B30 Vocational & Technical Schools E21 Community Health Systems G51 Arthritis Offenders B40 Higher Education Institutions E22 General Hospitals G54 Epilepsy I43 Inmate Support B41 Two-Year Colleges E24 Specialty Hospitals G60 Allergy Related Diseases I44 Prison Alternatives B42 Two-Year Colleges E30 Ambulatory & Primary Health G61 Asthma I50 Administration of Justice Care G70 Digestive Diseases & Disorders I51 Dispute Resolution & Mediation B43 Undergraduate Colleges E31 Group Health Practices G80 Specific Named Disorders I60 Law Enforcement B50 Graduate & Professional Schools E32 Community Clinics G81 AIDS I70 Protection Against Abuse B60 Adult Education E40 Reproductive Health Care G83 Alzheimer’s Diseases I71 Spouse Abuse Prevention B70 Libraries E42 Family Planning G84 Autism I72 Child Abuse Prevention B80 Student Services E50 Rehabilitative Care G90 Medical Disciplines I73 Sexual Abuse Prevention B82 Scholarships & Student Financial E60 Health Support G92 Biomedicine & Bioengineering I80 Legal Services Aid E61 Blood Banks G94 Geriatrics I83 Public Interest Law B83 Student Sororities & Fraternities E62 Emergency Medical Services & G96 Neurology & Neuroscience I99 Crime & Legal-Related N.E.C. B84 Alumni Associations Transport G98 Pediatrics B90 Educational Services -37- |
Page 38 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix D: National Taxonomy of Exempt Entities (NTEE) Codes (Continued) Employment L25 Housing Rehabilitation O12 Fundraising & Fund Distribution International, Foreign Affairs & Code L30 Housing Search Assistance O19 Support N.E.C. National Security J01 Alliances & Advocacy L40 Temporary Housing O20 Youth Centers & Clubs Code J02 Management & Technical L41 Homeless Shelters O21 Boys Clubs Q01 Alliances & Advocacy Assistance L4A Hotels (except Casino Hotels) & O22 Girls Clubs Q02 Management & Technical J03 Professional Societies & Motels O23 Boys & Girls Clubs Assistance Associations L4B Bed and Breakfast Inns O30 Adult & Child - Matching Q03 Professional Societies & J05 Single Organization Support L50 Homeowners & Tenants Programs Associations J11 Consumer Lending Associations O31 Big Brothers & Big Sisters Q05 Research Institutes & Public J12 Fundraising & Fund Distribution L80 Housing Support O40 Scouting Policy Analysis J19 Support N.E.C. L81 Home Improvement & Repairs O41 Boy Scouts of America Q11 Single Organization Support J20 Employment Preparation & L82 Housing Expense Reduction O42 Girl Scouts of the U.S.A. Q12 Fundraising & Fund Distribution Procurement Support O43 Camp Fire Q19 Support N.E.C. J21 Vocational Counseling L99 Housing & Shelter N.E.C. O50 Youth Development Programs Q20 Promotion of International J22 Job Training Public Safety, Disaster O51 Youth Community Service Clubs Understanding J30 Vocational Rehabilitation Preparedness & Relief O52 Youth Development - Agricultural Q21 International Cultural Exchange J32 Goodwill Industries Code O53 Youth Development - Business Q22 International Academic J33 Sheltered Employment M01 Alliances & Advocacy O54 Youth Development - Citizenship Exchange J40 Labor Unions M02 Management & Technical O55 Youth Development - Religious Q23 International Exchange N.E.C. J99 Employment N.E.C. Assistance Leadership Q30 International Development Food, Agriculture & Nutrition M03 Professional Societies & O99 Youth Development N.E.C. Q31 International Agricultural Associations Development Code M05 Research Institutes & Public Human Services Q32 International Economic K01 Alliances & Advocacy Policy Analysis Code Development K02 Management & Technical M11 Single Organization Support P01 Alliances & Advocacy Q33 International Relief Assistance M12 Fundraising & Fund Distribution P02 Management & Technical Q35 International Democracy & Civil K03 Professional Societies & M19 Support N.E.C. Assistance Society Development Associations M20 Disaster Preparedness & Relief P03 Professional Societies & Q40 International Peace & Security K05 Research Institutes & Public Services Associations Q41 Arms Control & Peace Policy Analysis M23 Search & Rescue Squads P05 Research Institutes & Public Q42 United Nations Associations Policy Analysis Q43 National Security K11 Single Organization Support M24 Fire Prevention P11 Single Organization Support Q50 International Affairs, Foreign K12 Fundraising & Fund Distribution M40 Safety Education P12 Fundraising & Fund Distribution Policy & Globalization K19 Support N.E.C. M41 First Aid P19 Support N.E.C. Q51 International Economic & Trade K20 Agricultural Programs M42 Automotive Safety P20 Human Service Organizations Policy K25 Farmland Preservation M60 Public Safety Benevolent P21 American Red Cross Q70 International Human Rights K26 Animal Husbandry Associations P22 Urban League Q71 International Migration & K28 Farm Bureaus & Granges M99 Public Safety, Disaster P24 Salvation Army Refugee Issues K2A Other Vegetable (except Potato) Preparedness & Relief N.E.C. Q99 International, Foreign Affairs & & Melon Farming Recreation & Sports P26 Volunteers of America National Security N.E.C. K2B Soil Preparation, Planting, & P27 Young Men’s or Women Cultivating Code Associations Civil Rights, Social Action & K2C Wineries N01 Alliances & Advocacy P28 Neighborhood Centers Advocacy K30 Food Programs N02 Employment Services P29 Thrift Shops code K31 Food Banks & Pantries N03 Professional Societies & P30 Children & Youth Services R01 Alliances & Advocacy K34 Congregate Meals Associations P31 Adoption Organizations K35 Soup Kitchens N05 Research Institutes & Public P32 Foster Care R02 Management & Technical K36 Meals on Wheels Policy Analysis Assistance K40 Nutrition N11 Single Organization Support P33 Child Day Care K50 Home Economics N12 Fundraising & Fund Distribution P40 Family Services R03 Professional Societies & K6A Meat Markets N19 Support N.E.C. P42 Single Parent Agencies Associations K6B Confectionery & Nut Stores N20 Camps P43 Family Violence Shelters, R05 Research Institutes & Public Services Policy Analysis K6C Caterers N2A RV (Recreational Vehicle) Parks P44 In-Home Assistance R11 Single Organization Support & Campgrounds K6D Mobile Food Services N2B Recreational and Vacation P45 Family Services for Adolescent R12 Fundraising & Fund Distribution K6E Drinking Places Camps (Except Campgrounds) Parents R19 Support N.E.C. K6F Snack Nonalcoholic Beverage N30 Physical Fitness & Community P46 Family Counseling R20 Civil Rights Bars Recreational Facilities P47 Pregnancy Centers R22 Minority Rights K90 Limited-Service Restaurants N31 Community Recreational Centers P50 Personal Social Services R23 Disabled Persons’ Rights K91 Supermarkets & Other Grocery N32 Parks & Playgrounds P51 Financial Counseling R24 Womens’ Rights (except Convenience) Stores N40 Sports Training Facilities, P52 Transportation Assistance R25 Seniors’ Rights K92 Convenience Stores Agencies P58 Gift Distribution R26 Lesbian & Gay Rights K93 Fruit & Vegetable Markets N50 Recreational Clubs P60 Emergency Assistance R28 Childrens’ Rights K94 All Other Specialty Food Stores N52 Fairs P61 Travelers’ Aid R30 Intergroup & Race Relations K95 Food (Health) Supplement N60 Amateur Sports P62 Victims’ Services R40 Voter Education & Registration Stores N61 Fishing & Hunting P70 Residential Care & Adult Day R60 Civil Liberties K96 Warehouse Clubs & N62 Basketball Programs R61 Reproductive Rights Supercenters N63 Baseball & Softball P71 Adult Day Care R62 Right to Life K97 Food Service Contractors N64 Soccer P73 Group Homes R63 Censorship, Freedom of Speech K98 Full-Service Restaurants N65 Football P74 Hospices & Press K99 Food, Agriculture & Nutrition N66 Racquet Sports P75 Supportive Housing for Older R67 Right to Die & Euthanasia N.E.C. Adults R99 Civil Rights, Social Action & N67 Swimming & Other Water Housing & Shelter Recreation P76 Homes for Children & Advocacy N.E.C. Code N68 Winter Sports Adolescents Community Improvement & L01 Alliances & Advocacy N69 Equestrian P7A Residential Intellectual & Capacity Building Developmental Disability L02 Management & Technical N6A Golf Facilities (Group Homes, Code Assistance N70 Amateur Sports Competitions Intermediate Care Facilities & S01 Alliances & Advocacy L03 Professional Societies & N71 Olympics Hospitals) S02 Management & Technical Associations N72 Special Olympics P80 Centers to Support the Assistance L05 Research Institutes & Public N80 Professional Athletic Leagues Independence of Specific S03 Professional Societies & Policy Analysis Populations Associations L11 Single Organization Support N99 Recreation & Sports N.E.C. P81 Senior Centers S05 Research Institutes & Public L12 Fundraising & Fund Distribution Youth Development P82 Developmentally Disabled Policy Analysis L19 Support N.E.C. Code Centers S11 Single Organization Support L20 Housing Development, O01 Alliances & Advocacy P83 Womens’ Centers S12 Fund Raising & Fund Distribution Construction & Management O02 Management & Technical P84 Ethnic & Immigrant Centers S19 Support N.E.C. L21 Low-Income & Subsidized Rental Assistance P85 Homeless Centers S20 Community & Neighborhood Housing O03 Professional Societies & P86 Blind & Visually Impaired Development L22 Senior Citizens’ Housing & Associations Centers S21 Community Coalitions Retirement Communities O05 Research Institutes & Public P87 Deaf & Hearing Impaired Centers S22 Neighborhood & Block L24 Independent Housing for People Policy Analysis P88 LGBT Centers Associations with Disabilities O11 Single Organization Support P99 Human Services N.E.C. -38- |
Page 39 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Appendix D: National Taxonomy of Exempt Entities (NTEE) Codes (Continued) S30 Economic Development U03 Professional Societies & V37 Labor Studies X70 Hinduism S31 Urban & Community Economic Associations V99 Social Science N.E.C. X80 Religious Media & Development U05 Research Institutes & Public Public & Societal Benefit Communications S32 Rural Economic Development Policy Analysis X81 Religious Film & Video S40 Business & Industry U11 Single Organization Support Code X82 Religious Television S41 Chambers of Commerce & U12 Fundraising & Fund Distribution W01 Alliances & Advocacy X83 Religious Printing & Publishing Business Leagues U19 Support N.E.C. W02 Management & Technical X84 Religious Radio S43 Small Business Development U20 General Science Assistance X90 Interfaith Coalitions S46 Boards of Trade U21 Marine Science & Oceanography W03 Professional Societies & X99 Religion Related, N.E.C. S47 Real Estate Associations U30 Physical & Earth Sciences Associations S50 Nonprofit Management U31 Astronomy W05 Research Institutes & Public Mutual & Membership Benefit Policy Analysis S80 Community Service Clubs U33 Chemistry & Chemical W11 Single Organization Support Code S81 Womens’ Service Clubs Engineering W12 Fundraising & Fund Distribution Y01 Alliances & Advocacy S82 Mens’ Service Clubs U34 Mathematics W19 Support N.E.C. Y02 Management & Technical Assistance S99 Community Improvement & U36 Geology W20 Government & Public Y03 Professional Societies & Capacity Building N.E.C. U40 Engineering & Technology Administration Associations Philanthropy, Volunteerism & U41 Computer Science W22 Public Finance, Taxation & Y05 Research Institutes & Public Grantmaking Foundations U42 Engineering Monetary Policy Policy Analysis Code U50 Biological & Life Sciences W24 Citizen Participation Y11 Single Organization Support Research W30 Military & Veterans’ T01 Alliances & Advocacy U99 Science & Technology N.E.C. Organizations Y12 Fundraising & Fund Distribution T02 Management & Technical Social Science W40 Public Transportation Systems Y19 Support N.E.C. Assistance W50 Telecommunications Y20 Insurance Providers T03 Professional Societies & Code W60 Financial Institutions Y22 Local Benevolent Life Insurance Associations Associations V01 Alliances & Advocacy W61 Credit Unions Y23 Mutual Insurance Companies & T05 Research Institutes & Public V02 Management & Technical W70 Leadership Development Associations Policy Analysis Assistance T11 Single Organization Support V03 Professional Societies & W80 Public Utilities Y24 Supplemental Unemployment T12 Fundraising & Fund Distribution Associations W90 Consumer Protection Compensation T19 Support N.E.C. V05 Research Institutes & Public W99 Public & Societal Benefit N.E.C. Y25 State-Sponsored Workers’ Compensation Reinsurance T20 Private Grantmaking Policy Analysis Religion-Related Organizations Foundations V11 Single Organization Support Y30 Pension & Retirement Funds T21 Corporate Foundations V12 Fund Raising & Fund Distribution Code T22 Private Independent Foundations V19 Support N.E.C. X01 Alliances & Advocacy Y33 Teachers’ Retirement Fund T23 Private Operating Foundations V20 Social Science X02 Management & Technical Associations T30 Public Foundations V21 Anthropology & Sociology Assistance Y34 Employee-Funded Pension T31 Community Foundations V22 Economics X03 Professional Societies & Trusts Associations Y35 Multi-Employer Pension Plans T40 Volunteerism Promotion V23 Behavioral Science X05 Research Institutes & Public Y40 Fraternal Societies T50 Philanthropy, Charity & V24 Political Science Policy Analysis Y41 Fraternal Beneficiary Societies Volunteerism Promotion V25 Population Studies X11 Single Organization Support Y42 Domestic Fraternal Societies T70 Federated Giving Programs V26 Law & Jurisprudence X12 Fundraising & Fund Distribution Y43 Voluntary Employees Beneficiary T90 Named Trusts N.E.C. V30 Interdisciplinary Research X19 Support N.E.C. Associations (Non-Government) T99 Philanthropy, Voluntarism & V31 Black Studies X20 Christianity Y44 Voluntary Employees Beneficiary Grantmaking Foundations N.E.C. V32 Women’s Study X21 Protestant Associations (Government) Science & Technology V33 Ethnic Studies X22 Roman Catholic Y50 Cemeteries Code V34 Urban Studies X30 Judaism Y99 Mutual & Membership Benefit N.E.C. U01 Alliances & Advocacy V35 International Studies X40 Islam U02 Management & Technical V36 Gerontology X50 Buddhism Assistance -39- |
Page 40 of 40 Fileid: … ns/I1023/202001/A/XML/Cycle07/source 11:55 - 3-Feb-2020 The type and rule above prints on all proofs including departmental reproduction proofs. MUST be removed before printing. Index Distribution of assets at A dissolution 8 N S Annual filing requirements 4 NASCO 2 Sample conflict of interest Annual returns for foreign NTEE 37 policy 25 organizations 5 E Scholarships, fellowships, Answers 2 EIN (See Employer grants, loans 22 Appendix: identification number) O School: Glossary of terms 29 Employer identification Operated 2 Racially nondiscriminatory Sample conflict of interest number 6 Qualification 2 policy 17 policy 25 Expedite requests 3 Organizational structure 6 School 17 States with statutory Organized 2 Section 501(c)(3) organization: provisions satisfying the Qualification 2 Eligibility 1 requirements of section F Organizing document 2 Private foundations 2 508(e) 27 Filing assistance 4 Dissolution clause 8 Public charities 2 Application for exemption: Foreign organizations 5 Purpose clause 7 Public charities and private Group exemption 3 Annual returns 5 Required provisions 7 foundations 2 Language and currency Canadian organizations 5 Unincorporated Qualifications 2 requirements 3 General 5 association 7 Recognition 1 Past, present and planned United States territories and Signature 4 activities 3 possessions State registration: Purpose 3 organizations 6 P NASCO 2 User fee 3 Form 2848 4 Past, present and planned States with section 508(e) Application package Form 8821 4 activities 3 provisions 27 assembly 3 For-profit organization 22 Pay.gov 6 States with statutory provisions Articles of incorporation 6 Person to contact 6 satisfying the requirements Assistance 4 Political campaign of section 508(e) 27 Authorized representative 6 G intervention 2 Successor 22 Glossary of terms 29 Predecessor 22 Supporting organization 20 Group exemption 3 Private foundations 2 C processing the application: Canadian organizations 5 Expedite requests 3 T Church 16 H Public charities 2 Trust 7 Prescribed course of Homes for the elderly or Public charities and private study 17 handicapped 22 foundations 2 Compensation: Hospital 18 Public inspection 4 U Definition 10 How to answer 2 Purpose clause: Unincorporated association 7 Corporation: Charitable 7 United States territories and Articles of incorporation 6 possessions 6 L User fee 3 Language and currency Q D requirements 3 Qualification: Definitions: LLC (See Limited liability Operated 2 W Authorized company) Organized 2 What to file: representative 6 Low-income housing 22 Political campaign Required schedules 3 Charitable 7 intervention 2 When to file 4 Church 16 Qualifications 2 Compensation 10 M Corporation 6 Mailing address 6 For-profit organization 22 Medical research 18 R Hospital 18 Medical research Representation 4 Medical research 18 organization 18 Form 2848 4 Medical research Month and annual accounting Form 8821 4 organization 18 period 6 -40- |