Tax exempt organizations Flashcards

1
Q

Unrelated business income is generally taxable unless:

*hint: 6

A
  1. Activity where substantially all of the work is performed without compensations.
  2. Business carried on for convenience of member of the organization.
  3. The same of merchandise as gifts/contributions
  4. Passive income
  5. Rental income derived from renting real property
  6. Bingo games
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2
Q

Most organizations exempt from tax under Sec. 501(a) must file an annual information return on Form 990, Return of Organization Exempt from Income Tax. Those excepted from the requirement are

A
  1. A church or church-affiliated organization
  2. An exclusively religious activity or religious order
  3. An organization (other than a private foundation) having annual gross receipts that are not more than $50,000
  4. A stock bonus, pension, or profit-sharing trust that qualified under Sec. 401
  5. A Keogh plan whose total assets are less than $100,000
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3
Q

Which will cause an exempt organization to lose its exempt status? 2

A

An attempt to influence legislation
or
DIRECTLY participate to any extent in a political campaign for or against any candidate for public office.

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4
Q

Certain employee trusts lose exempt status if they engage in prohibited transactions such as:

A

lending without adequate security or reasonable interest, or paying unreasonable compensation for personal services.

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5
Q

An unrelated business income (UBI) tax return (Form 990-T) will not be required for the current tax year of the organization if the organization

A

Has less than $1,000 of gross income used in computing unrelated business taxable income for the tax year.

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6
Q

What entities may not qualify as a tax exempt organization? PIE

A

A partnership
An individual
An estate

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7
Q

When is form 990 due?

A

15th day of the 5th month.

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8
Q

An exempt organization is not taxed on unrelated business income of less than:

A

$1,000

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9
Q

What is UBI?

A

Unrelated business income (UBI) is income from a trade or business, regularly carried on, that is not substantially related to the charitable, educational, or other purpose constituting the basis for an organization’s tax-exempt status. Income is not subject to tax as UBI if substantially all the work is performed for the organization by unpaid volunteers.

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10
Q

Which organization must file a written application using Form 1024?

A

Religious, charitable, scientific, educational, etc., organizations (public charities) use Form 1023. Form 1024 is used by most others (Labor)

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11
Q

Donations to the following organizations are tax deductible:

A
  • Corporations organized under an Act of Congress
  • All 501(c)(3) organizations except those testing for public safety
  • Cemetery companies
  • Cooperative hospital service organizations
  • Cooperative service organizations of operating educational organizations
  • Child-care organizations
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12
Q

What is the maximum amount of time allowed from the creation of an organization for submission of exemption if the status is to be effective from the date of organization?

A

If filed within 15 months of organization, retroactive treatment is available.

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13
Q

Which of the following will cause a social club to lose exempt status?

A

The exempt status of an otherwise qualified social club is lost if more than 35% of its receipts are from sources other than membership fees, dues, and assessments.

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14
Q

To qualify for tax-exempt status, an organization must be

A

a corporation, community chest fund, or foundation. An individual or a partnership cannot qualify.

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15
Q

A charitable, religious, or scientific organization is presumed to be a private foundation unless it either

A
  1. Is a church or has annual gross receipts under $5,000, or
  2. Notifies the IRS that it is not a private foundation (on Form 1023) within 15 months from the end of the month in which it was organized.
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16
Q

Which of the following may file Form 990-EZ?

A

Form 990-EZ is a shortened version of Form 990. It is designed for use by small exempt organizations and nonexempt charitable trusts. An organization may file Form 990-EZ instead of Form 990 if it meets both of the following requirements:Gross receipts are less than $200,000, and
Total assets are less than $500,000.

17
Q

Exempt organizations subject to tax on UBI are required to comply with the Code provisions regarding

A

installment payments of estimated income tax by corporations

18
Q

The private foundation status of an exempt organization will terminate if it

A

Becomes a public charity.

19
Q

Each domestic or foreign exempt organization is a private foundation unless

A

unless it generally receives more than a third of its support (annually) from its members and the general public. In this case, the private foundation status terminates, and the organization becomes a public charity.

20
Q

Tax exempt organization must meet the following tests?

A

Organizational and operational tests.

21
Q

Describe organizational and operational tests?

A

Organizational: requires articles of organization which limits purpose to one or more exempt purposes.
Operational: organization may be operated exclusively for an exempt purpose.

22
Q

What form must be filed to obtain tax exempt status?

A

Must file form 1023 within 15 months from the end of the month in which they were organized.