Exempt Organizations

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Exempt Organizations Taxation

This section covers issues of taxation and filing requirements for exempt organizations, private foundations, supporting organizations and related entities.

It contains articles, tools and practice aids, as well as comment letters pertaining to legislative, regulative and administrative issues in this area.

Also learn about the AICPA's Exempt Organizations Taxation Technical Resource Panel, the volunteers who assist with many of our advocacy and member service efforts in this technical area.

Practice Support

Below are some recent or popular tools and aids regarding exempt organizations. Also see the comprehensive list of tools developed in this area.

The IRS has developed a list of resources for Exempt Organization Practitioners to help them with a wide range of topics they may encounter while in practice.
Exempt Organizations November 15, 2012 Due Dates Approaching and Available Resources.
- Note that the IRS announcement on October 31, 2012 regarding relief due to Hurricane Sandy only applied to certain returns and payments due on October 31st. AICPA is advocating for further relief due to Hurricane Sandy for exempt organizations with returns and payments due by November 15, 2012.
- November 2, 2012, IRS provided more relief for certain exempt organization returns and payments until February 1, 2013, as well as for individuals and private foundations.
- Monitor further developments from the IRS on Hurricane Sandy.

AICPA's 2011 checklists for exempt organizations are available for Tax Section members, including Form 990, Form 990-EZ, Form 990-T and Form 990-PF.

AICPA National Governmental and Not-for-Profit Training Program, October 22 - 24, 2012 in Las Vegas, including various tax topics.

Congressional hearing on 07.25.2012 on Form 990.

Article in 07.2012 The Tax Adviser on Increased Focus on International Activities of Tax-Exempt Organizations.

Summer 2012 reports from TIGTA:
- Implementing Better Management Controls Would Improve the Exempt Organizations Function's Ability to Properly Oversee and Timely Process Referrals
- Affordable Care Act: While Much Has Been Accomplished, the Extent of Additional Controls Needed to Implement Tax-Exempt Hospital Provisions is Uncertain

ACT Report of Recommendations, 06.06.2012, including: Form 1023 - Updating It for the Future

PTIN Requirements - YES, you do need a PTIN!

IRS Clarifies Corporate Governance Questions for Tax-Exempt Organizations.

Top 11 Tax Issues for Exempt Organizations.

Tax Preparation Tips for Exempt Organizations.

Hidden Treasures on IRS' Website.

New rules regarding tangible property effective for 2012 tax years also impact exempt organizations - see AICPA's Tangible Property Resources webpage.

The Form 990-N (e-Postcard) filing threshold has changed. Charities with gross receipts < $50,000 must file a Form 990-N (but may choose to file a 990 or EZ).

IRS announced an automatic revocation of exemption for certain organizations that failed to file returns for 3 years.

Exempt organizations will claim the Small Business Health Care Credit on Form 990-T - IRS News Release IR-2010-96.

Prohibited Transactions - final regulations regarding exempt organizations (July 2010).

FBAR - Officers and employees of an exempt organization who have signature or other authority on an organization's foreign bank and financial accounts may have an annual FBAR filing requirement, and the organization may have its own FBAR filing requirement as well.

AICPA chart summarizing filing requirements for miscellaneous forms relating to foreign filings.

Under examination? Check whether your organization qualifies for a Fast Track Settlement.

Links to other topical articles and technical developments on various exempt organization issues.

Advocacy

Below are some recent advocacy efforts regarding exempt organizations. Also see the comprehensive list of advocacy documents submitted to IRS, Treasury, Congress, and other governmental agencies in this area.

AICPA 11.01.2012 Comment Letter requesting further relief due to Hurricane Sandy, including various exempt organization filings and payments.

AICPA 08.16.2012 Comment Letter on Form 990 and Instructions.

AICPA 05.01.2012 Comment Letter regarding recommendations for 2012 - 2013 Guidance Priority List, including comments associated with Exempt Organizations.

The AICPA submitted comments regarding Form 990 issues requested in Announcement 2011-36. (August 2011).

Several members of the AICPA's Exempt Organizations Tax TRP participated in an IRS focus group on time and money spent on preparing the Form 990. (January 2011).

AICPA's comments on Notice 2010-39 regarding additional requirements for tax-exempt hospitals under IRC section 501(r). (October 2010).

AICPA's proposal to replace the automatic 3-month extension and the additional (not automatic) extension with one automatic 6-month extension for tax-exempt organizations (May 2010). This request continues to be of importance in light of AICPA's overall advocacy work surrounding numerous due dates, including our 10.08.2010 letter, and further work as bills have been introduced in Congress.