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INTERNAL REVENUE SERVICE 501
TAX-EXEMPT AND GOVERNMENT ENTITIES
EXEMPT ORGANIZATIONS,
Compliance
Guide
for 501(c)(3)
Private
Foundations,
(c)(3)
Inside:
Types of private foundations,
Activities that may jeopardize
a foundation’s exempt status,
Federal information and tax
returns that must be filed,
Recordkeeping—why, what, when,
Changes to be reported to the IRS ,
Required public disclosures,
Resources for private foundations,
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| CONTENTS, What is a private foundation? 2, What are the different types of private foundations? 2, What activities may jeopardize a private foundation’s tax-exempt status? 4 , Private Benefit and Inurement 4, Special Restrictions on Private Foundation Activities 5, Political Campaign Intervention 5, Substantial Legislative Activities 6, Failure to File 7, What federal information and tax returns must be filed? 8 , Form 990-PF, Return of Privation Foundation 8, Form 990-T, Exempt Organization Business Income Tax Return 9, Patient Protection and Affordable Care Act (PPACA) Health Care Tax Credit 11 , Form 4720, Return of Certain Excise Taxes Under Chapters 41 and 42 of the Code 11, Employment Tax Returns 12, Why keep records? 13 , Evaluate Charitable Programs 13 , Monitor Budgetary Results 13 , Prepare Financial Statements 13, Prepare Annual Information Returns and Tax Returns 14, Identify Sources of Receipts 14 , Substantiate Revenues, Expenses and Deductions for Unrelated Business Income Tax (UBIT) Purposes 14 , Comply with Grant-Making Procedures 14, What records should be kept? 15, Accounting Periods and Methods 16, Supporting Documents 16, How long should records be kept? 19, Record Retention Periods 19 , How should changes be reported to the IRS? 20, Reporting Changes on Form 990-PF 20, Determination Letter and Private Letter Ruling Requests 20, Making Grants to Organizations or Individuals 20, Requesting Advance Approval of Scholarship or Educational Grant Procedures 23, Termination 23, What disclosures are required? 25, Public Inspection of Annual Returns and Exemption Applications 25, Sale of Free Government Information 27, Charitable Contributions—Substantiation and Disclosure 27, How to get IRS assistance and information 29, Specialized Assistance for Tax-Exempt Organizations 29, Tax Publications for Exempt Organizations 30, Forms for Exempt Organizations 31, General IRS Assistance 32, |
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501
Compliance
Guide
for 501(c)(3)
Private
Foundations,
(c)(3)
ederal tax law provides tax benefits to nonprofit
organizations recognized as exempt from federal
income tax under section 501(c)(3) of the Internal
Revenue Code (Code) The Code requires that tax-exempt
Forganizations must comply with federal tax law to maintain
tax-exempt status and to avoid penalties
In Publication 4221-PF, the IRS addresses activities that could
jeopardize a private foundation’s tax-exempt status It identifies
general compliance requirements on recordkeeping, reporting,
and disclosure for exempt organizations (EO’s) that are also
private foundations, including private operating foundations and
non-operating private foundations Content includes references to
the statute, Treasury regulations, IRS publications and IRS forms
with instructions Publication 4221-PF is neither comprehensive
nor intended to address every situation
To learn more about compliance rules and procedures that
apply to organizations exempt from federal income tax under
section 501(c)(3), see Publication 557, Tax-Exempt Status for
Your Organization, and the Life Cycle of a Private Foundation
on www.irs.gov/eo Stay abreast of new EO information, also on
this Web site, by signing up for the EO Update, a free newsletter
for tax-exempt organizations and practitioners who represent
them For further assistance, consult a tax adviser
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What is a private foundation?
(c)(3)
Every organization that qualifies for tax-exempt status under
section501501(c)(3) of the Code is further classified as either
a public charity or a private foundation Under section 508,
every organization is automatically classified as a private
foundation unless it meets one of the exceptions listed in
section 509(a) Private foundations typically have a single
major source of funding (usually gifts from one family or
corporation rather than funding from many sources) and
most have as their primary activity the making of grants to
other charitable organizations and to individuals, rather than
the direct operation of charitable programs
What are the different
types of private foundations?
For tax purposes, it may be necessary to distinguish between
the particular types of private foundations: private operating
foundations, exempt operating foundations and grant-making
(or non-operating) private foundations Some tax law provisions
apply to all types of private foundations, while other rules
only apply to particular types of private foundations The
organization’s exemption letter will indicate whether the
organization has been classified as a private foundation, a
private operating foundation or an exempt operating foun-
dation Private operating foundations and exempt operating
foundations are relatively uncommon
A private operating foundation is a private foundation
that devotes most of its resources to the active conduct of
its exempt activities as distinguished from the more common
grant-making foundation that generally makes grants to
other organizations for exempt purposes A museum that is
supported by a limited number of individuals would generally
be an example of an operating foundation A private founda-
tion that makes grants to public charities or individuals in
order to carry out its exempt purposes would generally be a
private non-operating or grant-making foundation However,
grant-making private foundations may conduct their own
programs as well
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While most of the restrictions and requirements that apply
to private foundations also apply to private operating founda-
(c)(3)
tions, there are tax advantages to being classified as a private
operating foundation For example, charitable contributions to
a private operating foundation qualify for a higher charitable
deduction limit on the donor’s tax return
In order to demonstrate that it is a private operating founda-
tion, an organization must meet an assets test, a support
test, or an endowment test and demonstrate that it distributes
substantially all (85% or more) of the lesser of its adjusted
net income or minimum investment return directly for the
active conduct of activities that further its exempt purposes
Certain private operating foundations, referred to as exempt
operating foundations, are exempt from the excise tax on
net investment income that applies to other operating and
grant-making foundations This type of operating foundation
must have been publicly supported for at least 10 years and
have a broadly representative board with limited participation
by disqualified persons This type of private operating founda-
tion is extremely rare
A nonexempt charitable trust that has not obtained tax-
exempt status under section 501(c)(3) is also treated as a
private foundation where its unexpired interests are solely
devoted to one or more charitable purposes and it has been
allowed to receive tax-deductible, charitable contributions
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| Access Publication 557, Tax-Exempt Status for Your Organization, instructions for Form 990-PF, and the Life Cycle of a Private Foundation at www.irs.gov/eo to learn about nonexempt charitable trusts under section 4947(a)(1) and the different types of private foundations What activities may jeopardize a private foundation’s tax-exempt status? Once a private foundation has completed the application process and has established that it is tax-exempt under section 501(c)(3), the organization’s officers, directors, trustees and employees have an ongoing responsibility to ensure that the organization maintains its exempt status and meets its ongoing compliance responsibilities A 501(c)(3) private foundation should be aware that if it does not restrict its participation in certain activities and does not absolutely refrain from others, it risks jeopardizing its tax-exempt status The following four subsections summarize limitations on activities of private foundations Private Benefit and Inurement, A private foundation is prohibited from allowing more than an insubstantial accrual of benefits, including non-monetary benefits, to individuals or organizations The intent is to ensure that a tax-exempt organization serves a public interest, not a private one If a private benefit is substantial, it could jeopardize the organization’s tax-exempt status In addition, no part of an organization’s net earnings may inure to the benefit of a private shareholder or individual This means that an organization is prohibited from allowing its income or assets to accrue to insiders An example of prohibited inure- ment would include payment of unreasonable compensation to an insider An insider is a person such as an officer, director, or a key employee who has a personal or private interest in the activities of the organization Any amount of inurement may be grounds for loss of tax-exempt status In addition to loss of the organization’s section 501(c)(3) tax-exempt status, activities constituting inurement may result in the imposition of self-dealing excise taxes on individuals benefiting from certain transactions with a private foundation 4 |
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Special Restrictions on
Private Foundation Activities ,
There is an excise tax on the net investment income of
most domestic private foundations In addition, tax law rules
impose restrictions and requirements on private foundations
through the foundation excise tax provisions These restric-
tions and requirements include:
n restrictions on self-dealing between private foundations
and their disqualified persons (defined as substantial
contributors, foundation managers, and certain other
related persons);
n requirements that foundations annually distribute
income for charitable purposes;
n limits on foundation holdings in private businesses;
n restrictions on investments that might jeopardize the
carrying out of exempt purposes; and
n provisions to ensure that expenditures further
exempt purposes
Violation of these provisions gives rise to excise taxes and
penalties against the private foundation or in the case of
self-dealing, its disqualified persons The Code contains
provisions that impose two-tier excise taxes on private foun-
dations, foundation managers, or other disqualified persons
that engage in certain prohibited acts First-tier excise tax is
automatically imposed if the foundation engages in a pro-
hibited act, although in certain circumstances the tax may be
abated, except in cases of self-dealing Second tier taxes may
be imposed if the foundation fails to take appropriate action
to correct the violation within the correction period set out
in the Code Read the instructions for Form 4720 and the Life
Cycle of a Private Foundation pages on www.irs.gov/eo for
additional information about private foundation excise taxes
Political Campaign Intervention ,
Private foundations are absolutely prohibited from directly or
indirectly participating in, or intervening in, any political cam-
paign on behalf of (or in opposition to) a candidate for public
office Contributions to political campaign funds or public
statements of position made on behalf of the organization
in favor of or in opposition to any candidate for public office
clearly violate the prohibition against political campaign
activity Violation of this prohibition may result in revocation
of tax-exempt status and/or imposition of certain excise taxes
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| Certain activities or expenditures may not be prohibited depending on the facts and circumstances For example, the conduct of certain voter education activities (including the presentation of public forums and the publication of voter edu- cation guides) in a non-partisan manner do not constitute pro- hibited political campaign activity In addition, other activities intended to encourage people to participate in the electoral process, such as voter registration and get-out-the-vote drives, would not constitute prohibited political campaign activity if conducted in a non-partisan manner On the other hand, voter education or registration activities with evidence of bias that would favor one candidate over another, oppose a candidate in some manner, or have the effect of favoring a candidate or group of candidates, will constitute campaign intervention The political campaign activity prohibition is not intended to restrict free expression on political matters by leaders of public charities speaking for themselves as individuals However, to avoid jeopardizing the exemption of a foundation, organization leaders must avoid making partisan comments in official organ- ization publications or at official functions and should clearly indicate that their comments are personal and not intended to represent the views of the organization Go to www.irs.gov/eo for additional information about the prohibition against political campaign intervention Substantial Legislative Activities, A private foundation will jeopardize its tax-exempt status under section 501(c)(3) if a substantial part of its activities is attempt- ing to influence legislation (commonly referred to as lobbying) Private foundations that spend money on lobbying activity will incur an excise tax on those expenditures; this tax is so signifi- cant that it generally acts as a lobbying prohibition Legislation includes action by Congress, any state legislature, any local council, or similar governing body with respect to acts, bills, resolutions, or similar items (such as legislative con- firmation of appointive office), or by the public in referendum, ballot initiative, constitutional amendment, or similar procedure A foundation will be regarded as attempting to influence legis- lation if it contacts, or urges members of the public to contact, members or employees of a legislative body for the purpose of proposing, supporting, or opposing legislation, or if the founda- tion advocates the adoption or rejection of legislation Whether a foundation’s attempts to influence legislation con- stitute a substantial part of its overall activities is determined 6 |
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on the basis of all the pertinent facts and circumstances in
each case The IRS considers a variety of factors, including the
time devoted (by both compensated and volunteer workers)
and the expenditures devoted by the foundation to the activity,
when determining whether the lobbying activity is substantial
Under the substantial part test, a foundation that conducts
excessive lobbying in any taxable year may lose its tax-exempt
status, resulting in all of its income being subject to tax In
addition, a foundation is subject to an excise tax equal to five
percent of its lobbying expenditures for the year in which it
ceases to qualify for exemption
Further, a tax equal to five percent of the lobbying expen-
ditures for the year may be imposed against organization
managers, jointly and severally, who agree to the making of
such expenditures knowing that the expenditures would likely
result in loss of tax-exempt status
Failure to File,
If a private foundation fails to file Form 990-PF (or other
required Form 990 Series Return) for three consecutive years,
its 501(c)(3) status will be automatically revoked as of the due
date of the third return and it will be a taxable private founda-
tion that must file income tax returns as well as Form 990-PF
See also Filing Penalties for Form 990-PF on page 9
An organization whose exemption is revoked for failure to file
Form 990-PF may apply for reinstatement of its exemption
by filing a Form 1023 and paying a user fee Reinstatement
of exemption may be retroactive if the failure to file was for
reasonable cause
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| What federal information and tax returns must be filed? Form 990-PF, Return of Private Foundation, Private foundations generally are required to file Form 990-PF, Return of Private Foundation, annually whether or not they have any taxable income for, or activity during, the year Section 4940 of the Code imposes an excise tax of 2% on the net investment income of most domestic tax-exempt private foundations, including private operating foundations This tax must be reported on Form 990-PF and paid annually at the time for filing that return or in quarterly estimated tax install- ments if the total tax for the year is more than $500 Some exceptions apply Exempt operating foundations are not sub- ject to the tax Further, some foundations are only required to pay a 1% tax To learn more about the Form 990-PF and Section 4940 taxes, see the Life Cycle of a Private Foundation at www.irs.gov/eo The Form 990-PF must be filed by the 15th day of the fifth month after the end of the private foundation’s annual accounting period (May 15 for calendar year taxpayers) For information concerning payment of estimated tax, see the instructions for Form 990-PF Note: Certain trusts that were classified as Type III supporting organizations and became private foundations by virtue of the Pension Protection Act of 2006 must file Form 990-PF for tax years beginning on or after January 1, 2008. See Announcement 2010-19 for procedures if a trust can show that it continued to meet the requirements for supporting organization status for periods after August 16, 2007 and filed Form 990-PF erroneously. Form 990-PF Schedule B, If the private foundation receives money, securities, or other property valued at $5,000 or more directly or indirectly from any person during the year, it must complete Schedule B, Schedule of Contributors and attach it to Form 990-PF e-Filing Requirements , Private foundations and non-exempt charitable trusts that file Form 990-PF are required to file electronically, regardless of their asset size, if they file 250 returns a year (including income tax, employment and excise tax, and information returns such as Forms W-2’s and 1099’s) Other private foun- dations are given a choice to file Form 990-PF electronically Click on the “IRS e-file” logo at www.irs.gov to get more information on e-filing 8 |
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FILING PENALTIES FOR FORM 990-PF,
An organization that fails to file a timely complete Form 990-PF
(taking into account any extensions) is subject to penalties of
$20 per day for each day the return is late ($100 per day for large
organizations with annual gross receipts in excess of $1 million), not
to exceed the lesser of $10,000 ($50,000 for large organizations) or
5 percent of the organization's gross receipts unless the failure to
file was due to reasonable cause. The person or persons responsible
for the failure to file will be subject to a penalty of $10 per day (not
to exceed $5,000) if the return is not filed by the date specified by
the IRS in a written demand for payment unless such failure to file is
due to reasonable cause. Penalties also apply to failures to provide
required return information or incorrect information.
Form 990-PF is also a tax return because it is used to report the
tax on investment income imposed by section 4940 (or 4948 if an
exempt foreign organization). Accordingly, the penalties imposed
by section 6651 for not filing a return (without reasonable cause)
also apply. The penalty is generally 1/2 of 1 percent of the unpaid
tax for each month or part of a month the tax remains unpaid, not
to exceed 25% of the unpaid tax. If there was reasonable cause, the
penalty may be waived but interest is charged on any tax not paid
on time. If the organization fails to file Form 990-PF for three con-
secutive years, then its 501(c)(3) status will be automatically revoked
and it will be a taxable private foundation that must file income tax
returns as well as Form 990-PF. See also Failure to File on page 7.
Form 990-T, Exempt Organization
Business Income Tax Return ,
A private foundation that has $1,000 in gross income from
an unrelated trade or business must file a Form 990-T, Exempt
Organization Business Tax Return Net income from income
producing activities is taxable if the activities:
n constitute a trade or business,
n are regularly carried on, and
n are not substantially related to the organization’s
exempt purpose
Examples of unrelated business income may include income
from advertising in publications, income from gaming (except
for income from traditional bingo under certain circumstances),
and other income from the sale of goods or performance of
services unrelated to the organization's exempt purposes
Whether an income-producing activity is an unrelated trade or
business activity depends on all the facts and circumstances
For more information see IRS Publication 598, Tax on Unrelated
Business Income of Exempt Organizations
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| The private foundation must pay quarterly estimated tax on unrelated business income if the organization expects its tax for the year to be $500 or more Form 990-W, Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations, is a worksheet to determine the amount of estimated tax payments required Exceptions and Special Rules , Private foundations do not have the same liberties that public charities have in conducting an unrelated trade or business With some exceptions, a private foundation that conducts an unrelated business that gives rise to unrelated business tax- able income has an excess business holding subject to excise tax (in addition to unrelated business income tax) which must be divested Exceptions include passive investments (even if debt financed) and a functionally related business (for exam- ple, the sale of items resulting in unrelated business income in a museum gift shop) Certain business activities are excepted from the definition of unrelated business income, and earnings from these sources are not subject to the unrelated business income tax Exceptions generally include: n activities, including fundraisers, that are conducted by volunteer workers, or where donated merchandise is sold; n activities conducted by a charitable organization for the convenience of members, students, patients or employees; n qualified convention and trade shows; n qualified sponsorship activities; and n qualified bingo activities Income from certain “passive” investment activities is usually excluded from the calculation of unrelated business taxable 10 |
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income Examples of this type of income include earnings
from routine investments such as certificates of deposit,
savings accounts, or stock dividends, royalties, certain rents
from real property, and certain gains or losses from the sale
of property
Special rules apply to income derived from real estate or other
investments purchased with borrowed funds Such income
is called “debt financed” income Debt-financed income
generally is subject to the unrelated business income tax
To learn more about unrelated business income, read
Publication 598, Tax on Unrelated Business Income of Exempt
Organizations, the Form 990-T instructions, and the Form
990-W instructions at www.irs.gov
Patient Protection and Affordable
Care Act (PPACA) Health Care Tax Credit ,
For the years 2010 to 2013, many small tax-exempt organi-
zations that provide health insurance coverage to their
employees qualify for a special tax credit designed to
encourage small employers to offer health care coverage for
the first time or maintain the coverage they have A small
tax-exempt employer may be entitled to a maximum credit of
25% of the employer's health insurance premium expenses
that count toward the credit Eligible small tax-exempt
employers described in Code section 501(c) may claim the
refundable credit by filing a Form 990-T with an attached
Form 8941 showing the calculation of the claimed credit A
tax-exempt employer is not eligible to claim the credit unless
it is an organization described in Code section 501(c) that is
exempt from tax under Code section 501(a) Consult IRS.gov
for further information
Form 4720, Return of Certain Excise
Taxes Under Chapters 41 and 42 of the Code ,
A private foundation and its managers may be liable for
two-tier excise taxes and be required to file Form 4720,
Return of Certain Excise Taxes Under Chapters 41 and 42
of the Internal Revenue Code, if they violate certain restric-
tions and requirements imposed on private foundations
See Special Restrictions on Private Foundation Activities
on page 5 If a private foundation is required to file Form
4720, the return must be filed by the 15th day of the fifth
month after the end of the organization’s annual accounting
period (May 15 for calendar year taxpayers)
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| Taxes may be imposed if a private foundation engages in self dealing activities with substantial contributors or other disqualified persons A private foundation may be subject to excise taxes if it fails to annually distribute the required por- tion of its income for charitable purposes or does not appro- priately limit its holdings in private businesses A private foun- dation is subject to excise tax liability if it makes investments that jeopardize its ability to carry out its exempt purposes or fails to ensure that its expenditures further exempt purposes To read about situations in which two-tier excise taxes would be imposed, see the Life Cycle of a Private Foundation at www.irs.gov/eo, the Form 990-PF instructions, and the Form 4720 instructions at www.irs.gov Employment Tax Returns, Like other employers, a private foundation that pays wages to employees must withhold, deposit, and pay employment tax, including federal income tax withholding and Social Security and Medicare (FICA) taxes An organization must withhold federal income tax from employee wages and pay FICA on each employee who is paid more than $100 in wages during a calendar year To know how much income tax to withhold, a private foundation should have a Form W-4, Employee’s Withholding Allowance Certificate, on file for each employee Employment taxes are reported on Form 941, Employer’s Quarterly Federal Tax Return Any person who fails to withhold and pay employment tax may be subject to penal- ties As 501(c)(3) organizations, private foundations do not pay federal unemployment tax (FUTA) Private foundations do not generally have to withhold or pay employment tax on payments to independent contractors, but they may have information reporting requirements If a private foundation incorrectly classifies an employee as an indepen- dent contractor, it may be held liable for employment taxes for that worker The requirements for withholding, depositing, reporting and paying employment taxes are explained in Publication 15, Circular E, Employer’s Tax Guide. For help in determining whether workers are employees or independent contractors, see Publication 15-A, Employer’s Supplemental Tax Guide Publication 557, Tax Exempt Status for Your Organization also addresses the employment tax responsibilities of private foundations These publications may be downloaded at www.irs.gov. 12 |
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Why keep records?
In general, a private foundation must keep books and records
to show that it complies with tax rules The organization must
be able to document the sources of receipts and expenditures
reported on Form 990-PF, Return of Private Foundation, as
well as Form 990-T, Exempt Organizations Business Income
Tax Return See Prepare Annual Information Returns and
Tax Returns on page 14
If an organization does not keep required records, it may
not be able to show that it continues to qualify for tax-
exempt status or whether it is a private operating foundation
or a non-operating private foundation In addition, an organi-
zation may be unable to complete its returns accurately and
may be subject to penalties described under What federal
information and tax returns must be filed? on page 8 When
good recordkeeping systems are in place, an organization can
evaluate the success of its programs, monitor its budget, and
prepare accurate financial statements and returns
Evaluate Charitable Programs,
A private foundation can use records to evaluate the success
of its charitable program and determine whether the organ-
ization is achieving desired results Good records can also
help a foundation identify problem areas and determine what
changes it may need to make to improve performance
Monitor Budgetary Results,
Without proper financial records, it is difficult for a private
foundation to assess whether it has been successful in adher-
ing to budgetary guidelines A good recordkeeping system is
crucial to successful stewardship of a private foundation
Prepare Financial Statements,
It is important to maintain sufficient financial information
in order to prepare accurate and timely financial statements
A foundation may need these financial statements when
working with banks, creditors, contributors, and funding
organizations Some states require private foundations to
make audited financial statements publicly available
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| Prepare Annual Information Returns and Tax Returns, Records must support income, expenses, and credits reported on Form 990-PF and other tax returns Generally, these are the same records used to monitor programs and prepare financial statements Books and records of an exempt organ- ization must be available for inspection by the IRS If the IRS examines a foundation's returns, the organization must have records to explain items reported Having a complete set of records will speed up the examination Identify Sources of Receipts, A private foundation may receive money or property from many sources With thorough record-keeping a private foun- dation can identify the sources of receipts The organization needs these records to separate program from non-program receipts and taxable from non-taxable income; to establish whether it is a private operating foundation or private non-operating foundation; and to complete Schedule B, as noted in What federal information and tax returns must be filed? on page 8 Substantiate Revenues, Expenses and Deductions for Unrelated Business Income Tax (UBIT) Purposes , A private foundation needs to keep records of revenues derived from, and expenses attributable to, an unrelated trade or business so that it can properly prepare Form 990-T and calculate its unrelated business taxable income Comply with Grant-Making Procedures , A private foundation that makes grants to individuals generally must obtain advance approval of its procedures by the IRS and keep adequate records and case histories to demonstrate that grants to individuals serve its charitable purposes Case histories on grants to individuals must show names, addresses, purposes of grants, manner of selection, and relationship (if any) that the recipient has with any members, officers, trustees, or donors of the organization The foundation must also maintain copies of any reports demonstrating that the funds are used for exempt purposes If a private foundation distributes funds to other US organi- zations, records must show whether they are exempt under section 501(c)(3), and whether the recipient organizations are classified as public charities or private foundations If a 14 |
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private foundation distributes funds to non-US organizations
or to US organizations that are not tax-exempt under section
501(c)(3), its records must demonstrate that the foundation
exercises expenditure responsibility over the use of funds to
avoid penalties for taxable expenditures under section 4945
(or that the private foundation determined the foreign organ-
ization to be the equivalent of a US public charity) Visit the
Life Cycle of a Private Foundation at www.irs.gov/eo for addi-
tional information about expenditure responsibility require-
ments and grants to foreign or non-exempt organizations
What records should be kept?
Except in a few cases, the law does not require a special kind
of record A private foundation can choose any recordkeep-
ing system, suited to its activities, that clearly shows the
organization’s income and expenses The types of activities a
private foundation conducts determines the type of records
that should be kept for federal tax purposes An organization
should set up a recordkeeping system using an accounting
method that is appropriate for proper monitoring and report-
ing of its financial activities for the tax year If a private foun-
dation has more than one program, it should keep complete
records that appropriately identify the income and expense
items that are attributable to each program
A recordkeeping system should generally include a summary
of transactions This summary of transactions is ordinarily
recorded in the private foundation's accounting journals and
ledgers The books must show gross receipts, purchases,
expenses (other than purchases), employment taxes, and
assets For most small organizations, the checkbook might be
the main source for entries in the books, while larger organi-
zations would need more sophisticated ledgers and records
A private foundation must keep documentation that supports
entries in the books
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| Accounting Periods and Methods, Private foundations must keep their financial records based on an annual accounting period called a tax year, in order to comply with annual reporting requirements Accounting Periods — A tax year is usually 12 consecutive months There are two kinds of tax years calendar tax year – This is a period of 12 consecutive months beginning January 1 and ending December 31. fiscal tax year – This is a period of 12 consecutive months ending on the last day of any month except December. Accounting Method — An accounting method is a set of rules used to determine when and how income and expenses are reported A private foundation chooses an accounting method when it files its first annual return There are two basic accounting methods: cash method – Under the cash method, a private foundation reports income in the tax year received. It usually deducts expenses in the year paid. accrual method – Under an accrual method, a private foundation generally records income in the tax year earned, (i.e., in the tax year in which a pledge is received, even though it may receive payment in a later year.) It records expenses in the tax year incurred, whether or not it pays the expenses that year. For more information about accounting periods and methods, see Publication 538, Accounting Periods and Methods, and the instructions to Form 990-PF, Return of Private Foundation or Section 4947(a) Nonexempt Charitable Trust Treated as a Private Foundation Supporting Documents, Organization transactions such as contributions, purchases, sales, and payroll will generate supporting documents These documents—grant applications and awards, sales slips, paid bills, invoices, receipts, deposit slips, and canceled checks— contain information to be recorded in accounting records It is important to keep these documents because they support the entries in books and the entries on tax and information returns Private foundations should keep supporting docu- ments organized by year and type of receipt or expense Also, keep records in a safe place 16 |
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RECORDS MANAGEMENT,
GROSS RECEIPTS,
Gross receipts are the amounts received from all sources,
including contributions. A private foundation should keep
supporting documents that show the amounts and sources of
its gross receipts. Documents that show gross receipts include:
donor correspondence, pledge documents, cash register tapes,
bank deposit slips, receipt books, invoices, credit card charge
slips, and Forms 1099-MISC, Miscellaneous Income.
PURCHASES, INCLUDING
ACCOUNTING FOR INVENTORY,
Purchases are items bought, including any items resold to cus-
tomers. If an organization produces items, it must account for
any items sold to customers. Thus, for example, the organization
must account for the cost of all raw materials or parts purchased
for manufacture into finished products. Supporting documents
should show the amount paid, and that the amount was for
purchases. Documents for purchases include: canceled checks,
cash register tape receipts, credit card sales slips, and invoices.
These records will help a private foundation determine the
value of its inventory at the end of the year. See Publication 538,
Accounting Periods and Methods, for general information on
methods for valuing inventory.
EXPENSES,
Expenses are the costs a private foundation incurs (other
than purchases) to carry on its program. Supporting documents
should show the amount paid and the purpose of the expense.
Documents for expenses include: canceled checks, cash register
tapes, contracts, account statements, credit card sales slips,
invoices, and petty-cash slips for small cash payments.
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EMPLOYMENT TAXES,
Organizations that have employees must keep records of
compensation and specific employment tax records. See
Publication 15, Circular E, Employer’s Tax Guide, for details.
ASSETS & LIABILITIES,
Assets are the property, such as investments, buildings, and
furniture that an organization owns and uses in its activities.
Liabilities reflect the pecuniary obligations of the organization.
A private foundation must keep records to verify certain
information about its assets and liabilities. Records should show:
n when and how the asset was acquired,
n whether any debt was used to acquire the asset,
n documents that support mortgages, notes,
loans or other forms of debt,
n purchase price,
n cost of any improvements,
n deductions taken for depreciation, if any,
n deductions taken for casualty losses, if any,
such as losses resulting from fires or storms,
n how the asset was used,
n when and how the asset was disposed of,
n selling price,
n expenses of sale,
Documents that may show the above information include:
purchase and sales invoices, real estate closing statements,
canceled checks, and financing documents. If a private foundation
does not have canceled checks, it may be able to show payment
with certain financial account statements prepared by financial
institutions. These include account statements prepared for the
financial institution by a third party. All information, including
account statements, must be highly legible. The following defines
acceptable account statements.
IF payment is by: THEN statement must show:
check , check number, amount, payee’s
name, and date the check amount
was posted to the account by the
financial institution,
electronic funds transfer ,amount transferred, payee’s
name, and date the transfer was
posted to the account by the
financial institution,
credit card , amount charged, payee’s name,
and transaction date,
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How long should records be kept?
Private foundations must keep records for federal tax
purposes for as long as they may be needed to document
evidence of compliance with provisions of the Internal
Revenue Code Generally, this means the organization must
keep records that support an item of income or deduction on
a return until the statute of limitations for that return runs
The statute of limitations has run when the organization
can no longer amend its return to claim a credit or refund,
and the IRS can no longer assess additional tax Generally,
the statute of limitations runs three years after the date the
return is due or filed, whichever is later An organization may
be required to retain records longer for other legal purposes,
including state or local tax purposes For example, an organ-
ization generally must retain information on grants for the
entire period of time they are outstanding
Record Retention Periods ,
Record retention periods vary depending on the types
of records and returns
Permanent Records — Some records should be kept perma-
nently These include the private foundation’s application for
recognition of tax-exempt status, the determination letter rec-
ognizing tax-exempt status, and organizing documents, such
as articles of incorporation and by-laws, with amendments,
as well as board minutes
Employment Tax Records — If a private foundation has
employees, it must keep employment tax records for at least
four years after the date the tax becomes due or is paid,
whichever is later
Records for Non-Tax Purposes — When records are no
longer needed for tax purposes, a private foundation should
keep them until they are no longer needed for non-tax
purposes For example, a grantor, insurance company,
creditor, or state agency may require that records be kept
longer than the IRS requires
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| How should changes be reported to the IRS? Reporting Changes on Form 990-PF, A private foundation must report name, address, and structural and operational changes on its annual information return, Form 990-PF Otherwise notifying the IRS of a change will not relieve an organization of its obligation to report changes on the Form 990-PF Tip: Attach copies of any signed or state certified articles of incorporation, or association, constitution or trust instrument or other organization document, or the bylaws or other gov- erning document showing changes If signed or state certi- fied copies of a government document are not available, an authorized officer may certify that the governing document provided is a complete and accurate copy of the document Determination Letter and Private Letter Ruling Requests , A private foundation that has lost its exemption letter or has changed its address may request a letter affirming that the IRS recognizes the foundation's tax-exempt status The affirmation letter serves the same purpose for grantors and contributors as the original determination letter You may request an affirmation letter by contacting EO Customer Service or EO Determinations If necessary, a foundation may request a copy of its original determination letter from the EO Determinations office The request should include Form 20 |
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4506-A, Request for Public Inspection or Copy of Exempt
Organization or Political Organization IRS Form, or a letter
containing the name and EIN of the organization and the
requestor's contact information A private foundation that
has had a change in its private foundation status should
request a determination letter from the EO Determinations
office See How to get IRS assistance and information
on page 29 for the appropriate address for the EO
Determinations Office
The IRS will not make any determination regarding the effect
of completed transactions on an organization’s tax exempt
status However, in certain circumstances an organization
may request a determination letter or private letter ruling
with regard to certain changes in structure and activities
An organization may request a determination letter
regarding its private foundation status in certain situations
For example, as noted above, a determination letter will be
issued to classify or reclassify an organization as a public
charity or a private foundation, if appropriate
In some circumstances, a private foundation is required to
give notice or receive advance approval from the IRS before
undertaking a transaction A foundation must request a
determination letter, with respect to the following issues:
n advance approval of a scholarship program, and certain
other grant-making procedures of private foundations;
n voluntary termination of a private foundation’s
status, except by transferring assets to, or operating as,
a public charity;
n certain determinations regarding application of the
neighborhood land rule;
n status as an exempt operating foundation;
n establishment of a set-aside that may be counted toward
the foundation’s annual minimum distribution amount;
n advance approval of private foundation’s voter
registration activities; and
n certain changes in an organization’s accounting
method and period
If a private foundation is unsure about whether proposed
changes in its purposes or activities are consistent with its
status as a tax-exempt organization or as a private founda-
tion, it may want to request a private letter ruling
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| The IRS issues private letter rulings on proposed transactions and on completed transactions—if the request is submitted before the return is filed for the year in which the transaction was completed The IRS generally does not issue rulings to private foundations on any other completed transactions The IRS will issue letter rulings to private foundations on matters involving a private foundation’s tax-exempt status, its private foundation status, as well as other matters including issues under sections 501 through 514, 4912, 4940 through 4948, 4955, 4958, 6033, 6104, and 6115 Consult www.irs.gov/eo for the appropriate procedures for preparing and submitting a request for a determination letter, private letter ruling, replacement exemption letter, or a letter reflecting a new name or address For general information about reporting changes, you may contact EO Customer Service at (877)829-5500 Making Grants to Organizations or Individuals, Generally, if a private foundation intends to make grants to organizations or individuals and it did not describe the pro- gram in its exemption application, it should inform the IRS about the program Funds the private foundation distributes to an individual as a grant must be made on a true charitable basis in furtherance of the purposes for which the foundation is organized For example, the organization should be able to substantiate the basis for grants awarded to individuals to relieve poverty or under a scholarship or educational program Publication 3833, Disaster Relief, Providing Assistance through Charitable Organizations, covers making grants to individuals in the case of a disaster or hardship situation 22 |
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Requesting Advance Approval of
Scholarship or Educational Grant Procedures,
As noted above, if a private foundation is beginning an
individual grant program that provides scholarships, fellow-
ships, educational loans, or other educational grants that
were not described in its exemption application, it must
request advance approval of its grant-making procedures
from the IRS Advance approval is a one-time approval of
the private foundation’s system of standards and procedures
for awarding grants Approval will apply to succeeding grant
programs if the standards and procedures under which they
are conducted do not differ materially from those described
in the organization’s initial request for advance approval
To request advance approval, the private foundation should
send a letter providing the information requested on Form
1023, Application for Recognition of Exemption Under Section
501(c)(3) of the Internal Revenue Code, Schedule H, to the
Internal Revenue Service, Tax Exempt/Government Entities,
Exempt Organizations Determinations Office, PO Box 2508,
Cincinnati, OH 45201
Employer-related scholarship and loan programs must satisfy
special requirements set out in Rev Proc 76-47, 1976-2 CB
670, applicable to scholarship programs or Rev Proc 80-39,
1980-2 CB 772, applicable to educational loan programs
An employer-related grant program is one that provides
grants to an employee or to a child or an employee of a
particular employer
For information on the exclusion of scholarships from
the income of an individual recipient, see Publication 520,
Scholarships and Fellowships.
Termination,
When a private foundation dissolves or terminates its exis-
tence it should notify the IRS that it will no longer be filing
annual returns To do so, the organization sends a letter
to the Internal Revenue Service, Tax Exempt/Government
Entities, Exempt Organizations Determinations Office, PO
Box 2508, Cincinnati, OH 45201 When the organization files
its final Form 990-PF, Return of Private Foundation or Section
4947(a) Nonexempt Charitable Trust Treated as a Private
Foundation, it should check the “Final Return” box in the
header area on page 1 of the return
23
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| However, filing a final return alone will not terminate an organization’s private foundation status Once an organiza- tion is subject to the special rules that apply to private foun- dations, it can only terminate its private foundation status by operating as a public charity, by transferring its assets to a section 509(a)(1) charity, or by giving notice to the IRS of termination of its private foundation status and paying any section 507(c) termination tax There are several ways a private foundation may terminate and avoid paying tax on its termination An organization may voluntarily terminate its private foundation status and qualify as a public charity that meets the requirements of section 509(a)(1), (2), or (3) Before terminating its private foundation status, the organization must first notify the Internal Revenue Service, Tax Exempt/Government Entities, Exempt Organizations Determinations Office of its intention to qualify as a public charity, and it must meet the public charity requirements for a continuous 60-month period begin- ning with the first day of that tax year The organization may request and receive an advance ruling of public charity status for this period Immediately after the end of the 60-month period, it must establish that it has met the requirements of section 509(a)(1), (2), or (3) A private foundation also may voluntarily terminate by dis- tributing all of its net assets to one or more public charities described in section 509(a)(1) of the Code However, the recipient organization must have been in existence and have been a public charity for at least 60 continuous months Generally, if a private foundation wilfully and flagrantly or repeatedly violates the private foundation excise tax provi- sions, it may be terminated involuntarily and will be liable for tax under section 507(c) of the Code Finally, a private foundation that transfers substantial assets to another private foundation under procedures set out in section 507(b)(2) has not terminated its private foundation status In this case, the recipient foundation takes on any liabilities of the transferor foundation under the foundation excise tax provisions Access the Life Cycle of a Private Foundation at www.irs.gov/eo for additional information about the termination process 24 |
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What disclosures are required?
There are a number of disclosure requirements for private
foundations Detailed information on federal tax law disclo-
sure requirements for 501(c)(3) tax-exempt organizations
can be found in Publication 557, Tax Exempt Status for Your
Organization on the IRS Web site at www.irs.gov/eo
Public Inspection of Annual Returns
and Exemption Applications,
A private foundation must make the following documents
available for public inspection and copying upon request
and without charge, (except a reasonable charge for
copying) The IRS also makes these documents available for
public inspection and copying
Exemption Application – A private foundation must make
available for public inspection its approved exemption appli-
cation, Form 1023, Application for Recognition of Exemption
Under Section 501(c)(3) of the Internal Revenue Code, along
with each of the following documents:
n all documents submitted with Form 1023;
n all documents the IRS requires the organization
to submit in support of its application; and
n the determination letter issued by the IRS
Form 990-PF – A private foundation must make available for
public inspection its annual information return, Form 990-PF,
with schedules, attachments, and supporting documents filed
with the IRS Returns need to be available for disclosure for
only three years after the later of the due date or filing date
of the return
25
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| Form 990-T– For returns filed after August 17, 2006, a private foundation must make its 990-T available for public inspection for three years beginning on the last day (including extensions) for filing the return Read the instructions to Form 990-T at www.irs.gov/eo for information regarding how the returns are to be made public Public Inspection and Disclosure Procedures, A private foundation may place reasonable restrictions on the time, place, and manner of in person inspection and copying, and may charge a reasonable fee for providing copies It can charge no more for the copies than the per page rate the IRS charges for providing copies A tax-exempt organization does not have to comply with individual requests for copies if it makes the documents widely available This can be done by posting the documents on a readily accessible website However, it must still allow public inspection by office visitation All publicly available information may be obtained from the IRS by filing Form 4506-A, Request for Public Inspection or Copy of Exempt Organization or Political Organization IRS Form An organization may obtain a complete copy of its own application by filing Form 4506, Request for Copy of Tax Return For details on the public inspection and disclosure rules and proce dures for 501(c)(3) organizations, go to the Life Cycle of a Private Foundation, or read the instructions for Forms 990-PF, 990-T, and 1023 at www.irs.gov/eo PENALTIES , Penalties apply to responsible persons of a tax-exempt organiza- tion who fail to provide the documents as required. A penalty of $20 per day may apply for as long as the failure continues. A $10,000 maximum penalty applies to a failure to provide an information return; no maximum penalty applies to application requests. 26 |
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Sale of Free Government Information,
If a private foundation offers to sell goods or services that are
available free from the federal government, the organization
must disclose that fact in a conspicuous and easily recognized
format A private foundation that intentionally disregards this
requirement is subject to a penalty
Charitable Contributions —
Substantiation and Disclosure,
While many private foundations do not engage in fundraising
activities, some do solicit contributions, and a foundation may
need to be familiar with the tax rules requiring substantiation
and the disclosure rules imposed on foundations that receive
certain quid pro quo contributions
Recordkeeping Rules ,
A donor cannot claim a tax deduction for any cash, check
or other monetary contribution made on or after January 1,
2007, unless the donor maintains a record of the contribution
in the form of either a bank record (such as a cancelled check)
or a written communication from the private foundation
(such as a receipt or a letter) showing the name of the private
foundation, the date of the contribution, and the amount of
the contribution
Substantiation Rules,
A donor cannot claim a tax deduction for any single contribu-
tion of $250 or more unless the donor obtains a contempora-
neous acknowledgment of the contribution from the recipient
charitable organization A private foundation may assist the
donor by providing a timely written statement including the
name of the public charity, date, amount of the contribution,
and description of any non-cash contributions
In addition, the acknowledgment should indicate whether
any goods or services were provided in return for the contri-
bution If any goods or services were provided in return for
a contribution, the organization should provide a good faith
estimate of the value of goods or services provided in return
for the contribution
The private foundation may either provide separate acknowl-
edgments for each single contribution of $250 or more or one
27
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| acknowledgment to substantiate several single contributions of $250 or more Separate contributions are not aggregated for purposes of measuring the $250 threshold There are no IRS forms for the acknowledgment Letters, postcards, or computer-generated forms with the above infor- mation are acceptable An organization can provide either a paper acknowledgment, or an electronic acknowledgment, such as an e-mail, to the donor Disclosure Rules That Apply to Quid Pro Quo Contributions, Contributions are deductible only to the extent that they are gifts and no consideration is received in return Depending on the circumstances, ticket purchases and similar payments made in conjunction with fundraising events may not qualify as charitable contributions in full A contribution made by a donor partly in exchange for goods or services is known as a quid pro quo contribution A donor may only take a charitable contribution deduction to the extent that the contribution exceeds the fair market value of the goods and services the donor receives in return for the contribution and the donor intends to make a partial gift under the circumstances If a private foundation conducts fundraising events such as benefit dinners, shows, and membership drives where some- thing of value is given to those in attendance, it must provide a written statement informing donors of the fair market value of the specific items or services it provided in exchange for contributions Token items and services providing only an intangible religious benefit need not be taken into account A private foundation should provide the written disclosure statement in advance of any event, determine the fair market value of any benefit received, and state this information in fundraising materials such as solicitations, tickets, and receipts The disclosure statement should be made, at the latest, at the time payment is received Subject to certain exceptions, the disclosure responsibility applies to any fundraising circumstance where each complete payment, including the contribution portion, exceeds $75 Read Publication 1771, Charitable Contributions— Substantiation and Disclosure Requirements, and Publication 526, Charitable Contributions, for details on the federal tax law for organizations such as private foundations, that receive tax-deductible charitable contributions and for taxpayers who make contributions 28 |
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501
How to get
IRS assistance
and information,
The IRS offers help, through assistors
and with reading material which is
accessible either online, via mail, by
telephone, and at IRS walk-in offices
in many areas across the country
IRS forms and publications can be (c)(3)
downloaded from the Internet and
ordered by telephone
Specialized Assistance for
Tax-Exempt Organizations,
Get help with questions about applying
for tax exempt status, annual filing
requirements, and information about
exempt organizations through the IRS,
Exempt Organizations (EO)
EO Web site , www.irs.gov/eo,
Highlights:
n The Life Cycle of a Private Foundation—details the
compliance obligations of private foundations
n Subscribe to the EO Update, a periodic newsletter
with information for tax-exempt organizations and tax
practitioners who represent them
EO Customer Service , (877) 829-5500,
EO Determinations Office mailing address,
Internal Revenue Service,
TE/GE, EO Determinations Office,
PO Box 2508,
Cincinnati, OH 45201,
29
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| Tax Publications for Exempt Organizations , Get publications via the Internet or by calling the IRS at (800) 829-3676 Pub 1, Your Rights as a Taxpayer , Pub 15, Circular E, Employer’s Tax Guide , Pub 15-A, Employer’s Supplemental Tax Guide, Pub 463, Travel, Entertainment, Gift, and Car Expenses , Pub 517, Social Security and Other Information for Members of the Clergy and Religious Workers, Pub 526, Charitable Contributions, Pub 538, Accounting Periods and Methods , Pub 557, Tax-Exempt Status for Your Organization, Pub 571, Tax-Sheltered Annuity Programs for Employees of Public Schools and Certain Other Tax Exempt Organizations, Pub 583, Starting a Business and Keeping Records, Pub 598, Tax on Unrelated Business Income of Exempt Organizations, Pub 1771, Charitable Contributions – Substantiation and Disclosure Requirements, Pub 1828, Tax Guide for Churches and Religious Organizations, Pub. 3079, Tax-Exempt Organizations and Gaming, Pub 3833, Disaster Relief, Providing Assistance Through Charitable Organizations, Pub 4220, Applying for 501(c)(3) Tax-Exempt Status, Pub 4221-PC, Compliance Guide for 501(c)(3) Public Charities, Pub 4221-NC, Compliance Guide for Tax-Exempt Organizations (other than 501(c)(3) Public Charities and Private Foundations), Pub 4302, A Charity’s Guide to Vehicle Donations, Pub 4303, A Donor’s Guide to Vehicle Donations, 30 |
|
Pub 4630, Exempt Organizations Products and
Services Navigator,
Pub 4741, The New Form 990—What Tax Exempt
Organizations Need to Know,
Pub. 4742, New Form 990 Preparation Checklist,
Pub 4752, The New e-Postcard (Form 990-N) What
Smaller Organizations Need to Know to Stay Exempt,
Pub 4779, Facts about Terminating or Merging Your
Exempt Organization,
Forms for Exempt Organizations,
Get forms via the Internet or by calling the IRS at
(800) 829-3676
Form 941, Employer’s Quarterly Federal Tax Return,
Form 944, Employers Annual Federal Tax Return,
Form 990, Return of Organization Exempt From Income Tax ,
Form 990-EZ, Short Form Return of Organization Exempt
From Income Tax,
Form 990-PF, Return of Private Foundation or Section
4947(a)(1) Nonexempt Charitable Trust Treated as a
Private Foundation,
Form 990-N, Electronic Notice (e-Postcard) For Tax-Exempt
Organizations not Required To File Form 990 or 990-EZ
(only available electronically),
Form 990-T, Exempt Organization Business Income Tax Return,
Form 990-W, Estimated Tax on Unrelated Business Taxable
Income for Exempt Organizations,
Form 1023, Application for Recognition of Exemption
Under Section 501(c)(3) of the Internal Revenue Code,
Form 1024, Application for Recognition of Exemption
Under Section 501(a),
Form 1041, U.S. Income Tax Return for Estates and Trusts,
31
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| Form 4506, Request for Copy of Tax Return, Form 4506-A, Request for Public Inspection or Copy of Exempt Organization or Political Organization IRS Form, Form 4720, Return of Certain Excise Taxes Under Chapters 41 and 42 of the Internal Revenue Code , Form 5578, Annual Certification of Racial Non-Discrimination for a Private School Exempt from Federal Income Tax, Form 5768 , Election/Revocation of Election by an Eligible Section 501(c)(3) Organization To Make Expenditures to Influence Legislation, Form 8282 , Donee Information Return , Form 8283, Noncash Charitable Contributions, Form 8868, Extension of Time To File an Exempt Organization Return, General IRS Assistance, Get materials on the latest tax laws, assistance with forms and publications, and filing information IRS Web site , www.irs.gov, Federal tax questions , (800) 829-4933 , Employment tax questions , (800) 829-4933 , Order IRS forms and publications , (800) 829-3676 , 32 |
| No text to extract. |
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Publication 4221-PF,(Rev. 11-2010) , Catalog Number,49830S,
Department of the Treasury ,Internal Revenue Service ,
www.irs.gov
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