BCLP Charity Law

Charity Law

Form 990

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Three Tips to Help You File a More Complete Form 990-Series Return

May 6, 2019


A tax-exempt organization using the calendar-year as its tax year must file a Form 990-series return by May 15th, unless it has filed Form 8868,Application for Automatic Extension of Time To File an Exempt Organization Return.

The IRS suggests organizations consider these three tips to help ensure a complete return and reduce the chances we’ll send your return back or need to request additional information:

Issue 1: Report your organization’s correct organization type.Many organizations report the incorrect organization type in Part I ofSchedule A, Public Charity Status and Public Support, which all 501(c)(3) organizations must file with Form 990 or 990-EZ.

Solution: Look at the letter we sent your organization recognizing you as exempt (your “determination” letter) to verify your correctorganizational type.

Issue 2: Employment taxes. Many organizations forget to file required employment tax returns, such as Forms W-2, 940, 941 or 945.

Solution: Learn about employment

IRS Releases Updated Form 990-EZ; New Options to Help Exempt Organizations Avoid Errors, File a More Accurate Return

January 31, 2017


WASHINGTON — The IRS announced today the release of an updated Form 990-EZ, Short Form Return of Organization Exempt From Income Tax, that will help tax-exempt organizations avoid common mistakes when filing their annual return.

The updated Form 990-EZ includes 29 “help” icons describing key information needed to complete many of the fields within the form. The icons also provide links to additional helpful information available on IRS.gov. These “pop-up” boxes share information to help small and mid-size exempt organizations avoid common mistakes when filling out the form and filing their return.

IRS Releases Revised Form 990 Instructions

February 9, 2014


The 2013 Forms 990 and 990-EZ, schedules and instructions have been revised to modify and clarify certain reporting requirements. A chart summarizing some of the more significant changes to the Form 990, Form 990-EZ, schedules and instructions for tax year 2013 may be accessed by clicking here.

Governance and Compliance

April 25, 2012


Governance and Compliance

April 25, 2012

Authored by: Keith Kehrer

In 2008, the Form 990 was re-designed to include, among other things, significant governance disclosures.  The IRS justified the disclosures in part on the belief that organizations with good governance are more likely to comply with the law.  Since 2008, the IRS has been studying the connection between governance and compliance.  Among other things, the IRS developed a governance checklist that was used in exams to probe governance practices.   In a recent speech, Lois Lerner, the IRS Director of Exempt Organizations, provided that the initial results of the IRS study confirm that good governance and compliance go hand and hand.  Ms. Lerner stated that exempt organizations with a written mission statement, those that follow the procedures of the rebuttable presumption to establish compensation, and those whose Form 990s were reviewed by the entire board of directors, are more likely to be tax compliant than those that do not follow those practices.   Ms. Lerner’s full comments

Garage Sale Christmas

Garage Sale Christmas

December 26, 2011

Authored by: Nathan Boyce

As a consumer and parent, I love garage sale-ing–you never knew what you will find. Garage sales are especially helpful for Christmas shopping for young children. In my opinion, there is no reason to buy a new present for anyone under the age of 5. And for anyone under the age of 18 months, there is no reason to get any presents at all. (In my experience, no matter what you wrap up,

IRS Guidelines for Reinstatement of Exemption

September 28, 2011


 In 2006, Congress amended Section 6033 to revoke the tax-exempt status of organizations required to file an annual Form 990, Form 990-PF, or Form 990-EZ, that fail to file for three consecutive years. The amended law also requires many organizations with less than $25,000 ($50,000 for tax years starting after January 1, 2010) in annual receipts to file annual informational reports (Form 990-N) —organizations that had never been required to file before.

 The IRS recently began to formally revoke exempt status for those organizations that failed to comply.  The IRS also issued guidance for organizations that have had their tax-exempt status revoked under the amended law in Notices 2011-43 and 2011-44.  An organization whose exemption has been revoked should apply for reinstatement the same way it would apply for an exemption (by filing Form 1023 or Form 1024), even if it did not have to apply for its original exemption. The

New Form 8940 – A Small Step in the Right Direction

August 9, 2011


The IRS has released Form 8940, Request for Miscellaneous Determination, that tax-exempt organizations will use to request certain determinations about their tax-exempt status.  In addition to foundation status issues, organizations will use Form 8940 to obtain advance approval of certain activities and exemption from Form 990 filing requirements.

Although Form 8940 is a step in the right direction, it does not go far enough.  As I indicated in my prior post, there currenly is no process for a tax-exempt organization to seek IRS approval of expanded or changed activities.  Form 8940 should be revised to include a new Type of Request, “Notice of Material Change in Activities,” that will allow tax-exempt organizations, in their sole discretion, to file a notice of such changes and request an updated determination letter that such activities do not jeopardize the charity’s exempt status.  We will continue to

Delayed Form 990 Filing Season for Certain Tax-Exempt Hospitals

In IRS Announcement 2011-20, the IRS granted tax-exempt organizations that operate one or more hospital facilities (hospital organizations), and that would otherwise be required to file Form 990, Return of Organization Exempt From Income Tax, including Schedule H, Hospitals, for the 2010 tax year before August 15, 2011, an automatic three-month extension of time to file the Form 990 for 2010. In addition, this announcement directs these hospital organizations not to file the 2010 Form 990 before July 1, 2011.

Form 990 Thresholds for 2010 – Good News / Bad News

December 12, 2010


As you recall, a Form 990, Form 990-EZ, or Form 990-N is due for every 501(c)(3) charity, regardless of size, on the 15th day of the 5th month following the close of the taxable year end.  The IRS has changed the filing thresholds for 2010, which is good news for some, and bad news for others.  The good news first – the threshold for Form 990-N (e-Postcard), the least burdensome of the Form 990s, was doubled to now apply to organizations with gross receipts normally less than or equal to $50,000.  This is really good news for small charities.   The bad news is that the threshold for filing the full Form 990 was significantly reduced, requiring organizations with gross receipts ≥ $200,000, or total assets ≥ $500,000 to file for the 2010 tax year.  Organizations in between must file the Form 990-EZ.  Numerous “medium-sized” charities are now going to be subject to the substantially more