Module 8: Tax-Exempt Organizations Flashcards
Which organization does not have to make an application for exempt status?
Section 501(c)(1) organization
Section 501(c)(2) Org.
Organized for the exclusive purpose of holding title to property, collecting income from that property, and turning over the NI to an exempt org.
How would a Sec. 501(c)(2) org become tax exempt?
By filing form 1024 and including the org’s articles of incorporation and bylaws in application
What org’s are examples as a Section 501(c)(3) org?
Public charities and Private foundations
What is included as a Sec. 501(c)(3) org?
- community chest
- community fund
- foundation organized and operated exclusively for religious, charitable, scientific, public safety testing, literary, or educational purposes
- foundation organized to foster national/international amateur sports competitions or to prevent cruelty to children/animals
How does a sec. 501(c)(3) org become tax exempt?
Must apply for tax exempt status using form 1023 and be approved by the IRS to be listed as a exempt org
What are the requirements for a 501(c)(3) org to be tax exempt?
- No part of net earnings benefit any private shareholder/indiv
- No substantial part of activities may be nonexempt activities
- May not directly participate or intervene in any political campaign
What categories are not considered section 509 private foundations?
- Max (50%-type) charitable deduction donees
- Broadly publicly supported orgs. receiving more than 1/3 of their annual support from members of public & < 1/3 from investment income/unrelated business income
- Supporting orgs.
- Public safety testing orgs.
What annual return must a 509 private foundation file?
Form 990-PF that discloses substantial contributors and amounts of contributions received
How can a 509 private foundation be terminated?
- Involuntary - becomes a public charity; repeated violations
- Voluntary
Unrelated business income (UBI)
Gross income from an unrelated trade or business “regularly” carried on, minus business deductions directly connected there with
What is the UBI deduction amount?
$1,000
What types of income are excluded from tax on UBI?
- royalties, dividends, interest, and annuities
- rents from real property and rents from personal property leased with real property
- gains/losses on sale/exchange of property not held primarily for sale
- income from research of college or hospital
- income from labor unions used to establish retirement home, hospital, or similar exclusive -use facilities
- activities limited to exempt orgs. by state law
- value of securities loaned to broker and income rec’v by lender
- income from exchange/rental of membership list of tax exempt charitable orgs
Feeder organization
Org. operated primarily for purpose of carrying on a trade or business for profit
What annual information return must be filed and when?
Form 990 by May 15th