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Appendix F: IRS filing and reporting requirements.

REVENUE PROCEDURE 83-32, 1983-1 CB 723

Section 1. Purpose

.01 The purpose of this revenue procedure is to update Rev. Proc. 73-29, 1973-2 C.B. 483, which sets forth the return filing requirements for charitable and split-interest trusts.

.02 This revenue procedure sets forth the following changes in filing requirements, effective for taxable years beginning after December 31, 1980:

(1) Trusts described in section4947(a)(1) of the Internal Revenue Code that are treated as private foundations file form 990-PF. Other section4947(a)(1) trusts file Form 990 (and Schedule A Form 990). Section 4947(a)(1) trusts do not file Form 5227 or Form 1041-A.

(2) Section 664 trusts do not file Form 1041-B, which is discontinued.

(3) Foundation managers do not file Form 990-AR, which is discontinued.

.03 Subsequent to the publication of Rev. Proc. 73-29, section 664 trusts, pooled income funds under section 642(c)(5), and all other split-interest trusts described in section 4947(a)(2) were required to file Form 5227. For taxable years ending on or after December 31, 1975, Form 5227 replaced Schedule PF (Form 1041). This revenue procedure incorporates this change.

Sec. 2. Background

.01 The charitable trust returns, forms, and schedules (hereinafter referred to as returns) to which this revenue procedure is applicable are the following:

(1) Form 990, Return of Organization Exempt from Income Tax.

(2) Schedule A (Form 990), Organization Exempt Under 501(c)(3).

(3) Form 990-PF, Return of Private Foundation.

(4) Form 999-T, Exempt Organization Business Income Tax Return.

(5) Form 1041, U.S. Fiduciary Income Tax Return.

(6) Form 5227, Split-interest Trust Information Return.

(7) Form 1041-A, Trust Accumulation of Charitable Amounts.

(8) Form 4720, Return of Certain Excise Taxes on Charities and Other Persons Under Chapters 41 and 42 of the Internal Revenue Code.

.02 The charitable and split-interest trusts that file one or more of these returns are:

(1) Trusts exempt from income tax under section 501(a) of the Code as organizations described in section 501(c)(3) (hereinafter referred to as exempt charitable trusts).

(2) Non-exempt charitable trusts described in section 4947(a)(1) of the Code, including charitable trusts created prior to October 10, 1969, that have not applied to the Internal Revenue Service for recognition as organizations described in section 501(c)(3) (hereinafter referred to as section 4947(a)(1) trusts); and

(3) Charitable remainder trusts described in section664 of the Code, pooled income funds described in section 642(c)(5), and all other section 4947(a)(2) trusts treated as if they were private foundations.

Sec. 3. Table of Filing Requirements

The following table shows the filing requirements for these charitable trusts:
                                   KIND OF RETURN

                                      Sch A
KIND OF TRUST               990       (990)     990-PF   990-T

Exempt charitable trusts    yes (A)   yes (A)   no       yes (B)
that are not private
foundations

Exempt charitable trusts    no        no        yes      yes (B)
that are private
foundations

Charitable trusts           no        no        yes      no
(described in section
642(c)(6)) that are
treated as taxable
private foundations

4947(a)(1) trusts that      yes (A)   yes (A)   no       no
are not treated as
private foundations

4947(a)(1) trusts that      no        no        yes      no
are treated as private
foundations

Charitable remainder        no        no        no       no
trusts under section 664

Pooled income funds under   no        no        no       no
section 642(c)

All other section           no        no        no       no
4947(a)(2) trusts treated
as if they were private
foundations

KIND OF TRUST               1041      1041-A    5227     4720

Exempt charitable trusts    no        no        no       no
that are not private
foundations

Exempt charitable trusts    no        no        no       yes (F)
that are private
foundations

Charitable trusts           yes       no        no       yes (F)
(described in section
642(c)(6)) that are
treated as taxable
private foundations

4947(a)(1) trusts that      yes (G)   no        no       no
are not treated as
private foundations

4947(a)(1) trusts that      yes (G)   no        no       yes (F)
are treated as private
foundations

Charitable remainder        yes (C)   yes (D)   yes      yes (F)
trusts under section 664

Pooled income funds under   yes       yes (D)   yes (E)  yes (F)
section 642(c)

All other section           yes       yes (D)   yes      yes (F)
4947(a)(2) trusts treated
as if they were private
foundations

(A) Excluding trusts whose gross receipts normally do not exceed
$25,000 during the taxable year.

(B) But only if the trust has $1,000 or more of gross income from an
unrelated trade or business.

(C) But only if there is unrelated business taxable income (as defined
in section 512).

(D) But not if all net income is required to be distributed currently
to beneficiaries.

(E) Only with respect to amount transferred in trust after May 26,
1969.

(F) If there is liability for a Chapter 42 excise tax (excluding
section 4940).

(G) If the trust has zero taxable income under Subtitle A of the Code,
Form 990 or Form 990-PF may be used to satisfy the requirements of
filing Form 1041.


Sec. 4. Effect on Other Revenue Procedures

This revenue procedure supersedes Rev. Proc. 73-29.

Sec. 5. Effective Date

.01 Changes in filing requirement set forth in section 1.02 of this revenue procedure are effective for taxable years beginning after December 31, 1980.

.02 Changes in filing requirements discussed in section 1.03 of this revenue procedure are effective for taxable years ending on or after December 31, 1975.

To print or view IRS forms, please go to the IRS Internet Web site: http://www.irs.ustreas.gov/forms_pubs/index.html.

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IRS FILING REQUIREMENTS

CHARITABLE SPLIT-INTEREST TRUSTS & PRIVATE FOUNDATIONS FORM
DESCRIPTION WHEN TO FILE WHERE TO FILE

                                      Generally, within
                                      27 months after the
              Application for         end of the month
              Recognition of          the organization
1023          Exemption               was formed

990           Return of               By the 15th day of
              Organization            the 5th month after
              Exempt from             the organization's
              Income Tax              accounting period
                                      ends

990-EZ        Short Form Return       By the 15th day of
              of Organization         the 5th month after
              Exempt from             the organization's
              Income Tax              accounting period
                                      ends

990-N         Electronic Notice       Beginning in
              (e-Postcard) for Tax-   2008, by the 151" day
              Exempt Organizations    of the 5th month after
              Not Required to         the organization's
              File Form 990 or        accounting period
              Form 990-EZ             ends

990-PF        Return of Private       By the 15th day of
              Foundation              the 5th month
                                      following the close
                                      of the foundation's
                                      accounting period

990-T         Exempt                  By the 15th day of
              Organization            the 5th month after
              Business Income         the end of the tax
              Tax Return              year

Form 1041-A   U.S. Information        On or before April
              Return--Trust           15 following the
              Accumulation of         close of the
              Charitable              calendar year
              Amounts

Form 4720     Return of Certain       By the due date
              Excise Taxes on         (not including
              Charities and           extensions) for
              Other Persons           filing the
              Under Chapters 41       organization's
              and 42 of the           Form 990, Form
              Internal Revenue        990-PF or Form
              Code                    5227

Form 5227     Split-Interest Trust    On or before April
              Information Return      15 following the close
                                      of the calendar year

              Internal Revenue
              Service
              P.O. Box 192
              Covington, KY
1023          41012-0192

990           Internal Revenue
              Service Center
              Ogden, Utah
              84201-0027

990-EZ        Same as Form 990

990-N         To be Announced
              Nv%vw.irs.gov/eo

990-PF        Same as Form 990

990-T         Same as Form 990

Form 1041-A   Same as Form 990

Form 4720     Same as Form 990

Form 5227     Same as Form 990
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Publication:Tools & Techniques of Charitable Planning, 2nd ed.
Date:Jan 1, 2007
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