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IRS Annual Reporting Requirements ChangeIRS Issues Revised New Form 990 IRS Launches New Annual E-Postcard Requirement for Small Organizations IRS Publishes New Guidance on Partisan Political Activities for 501(c)(3) Organizations This page revised 3/4/2008IRS Issues Revised New Form 990 The IRS has finalized the revisions to the Form 990 information return filed by most exempt organizations. Draft revisions to Form 990 were formally released on June 14, 2007, and public comments were accepted until September 14. The other Forms 990, such as the Form 990-EZ and Form 990-T, are not affected by the revision, but the IRS is considering raising the dollar thresholds for some of the forms. Among other things, the release of the new Form 990 is a response to calls for increased non-profit transparency and accountability from leaders in Congress and elsewhere. Consequently, the new Form 990 features a summary page providing key organizational, governance and financial information; and requests additional information on board composition and governance practices, programs and accomplishments, compensation and other items. The redesigned Form 990 contains an 11-page core plus 17 schedules that may or not may require completion depending upon the activities and practices of a particular organization. Some of the schedules are clearly aimed at requiring more detailed information from organizations with larger or more complex structures, particularly universities and hospitals, or those with activities outside the U.S. Beginning in May, 2009, organizations with gross annual receipts over $1 million or total assets over $2.5 million will be required to file the new Form 990 for fiscal year 2008 activities. However, the IRS has also announced a phased-in implementation period for the new form to allow smaller organizations time to prepare for the new requirements. At its option, an organization may file the simpler Form 990-EZ instead of the new form if it meets the following size criteria:
The new Form 990 represents a significant departure from previous versions in many ways. In addition to requiring changes in the way certain data are gathered and reported, the new Form also asks a series of questions aimed at changing internal and governance practices at non-profits -- even though they may not be legally required. For this reason, non-profits should start early to familiarize themselves with the new Form 990 and prepare for compliance. More information about the new Form 990, including copies of the new form and implementation schedules, can be found on the IRS Web site at http://www.irs.gov/charities/article/0,,id=176613,00.html . On June 14, 2007, the IRS released for public comment a draft revision of the Form 990 annual information return. The IRS is accepting comments until September 14, 2007, and hopes to debut the revised form in 2009 for the 2008 tax year. The Center is analyzing the proposed new Form and will issue additional information on its web site at www.njnonprofits.org . More information and the draft Form 990 is available from the IRS Web site at www.irs.gov/charities/article/0,,id=171216,00.html. IRS to Launch New Annual E-Postcard Requirement for Small Organizations Beginning in 2008, the IRS will begin requiring many tax-exempt organizations with gross revenues of less than $25,000 to file an annual electronic notice in order to retain their tax-exempt status. Prior to the passage of the federal Pension Protection Act (PPA) in 2006, organizations with gross revenues of less than $25,000 were exempt from filing annual information returns (Form 990 or 990-EZ) with the IRS. Pursuant to the PPA, the IRS is developing a Form 990-N, Electronic Notice (e-Postcard) for Tax-Exempt Organizations not Required To File Form 990 or 990-EZ, to be used by small organizations to satisfy the requirement. Religious entities will continue to be exempt from this requirement. The annual e-postcard deadline will be 5 months after the close of the organization's fiscal year (e.g., postcards will be due May 15, 2008, for small organizations whose fiscal year ends December 31, 2007). The Form 990-N will be an online electronic filing process administered by the Urban Institute, which also operates a Web site by which organizations of all sizes can file their Form 990 online. The e-Postcard must be filed electronically; there is no paper form. Organizations that are required to file Form 990-N and fail to do so for three consecutive years will have their tax-exempt status revoked by the IRS as of the filing due date of the third year. In order to reinstate its tax-exempt status, the organization will have to reapply for recognition of tax exemption using Form 1023. For more information:
IRS Publishes New Guidance on Partisan Political Activities for 501(c)(3) Organizations As part of its ongoing Political Activities Compliance Initiative (PACI), the IRS has released updated guidance regarding election-year activities of 501(c)(3) organizations. Pursuant to federal law, 501(c)(3) organizations are not permitted to “participate in, or intervene in (including the publishing or distributing of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.” However, there are a number of activities that charities may conduct safely, provided certain safeguards are followed.
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