What Form 990 Do You Need? A Nonprofit Guide

Angelo Vertti, 21 de julho de 2023

what is a form 990

A donee organization should be aware that a donor of a charitable contribution of $250 or more (including a contribution of unreimbursed expenses) can’t take an income tax deduction unless the donor obtains the organization’s acknowledgment to substantiate the charitable contribution. A charitable organization that receives a payment made as a contribution is treated as the donee organization for this purpose even if the organization (according to the donor’s instructions or otherwise) distributes the amount received to one or more charities. Some or all of the dollar limitations applicable to Form 990 or 990-EZ when filed with the IRS may not apply when using Form 990 or 990-EZ in place of state or local report forms. Examples of the IRS dollar limitations that don’t meet some state requirements are the normally $50,000 gross receipts minimum that creates an obligation to file with the IRS and the $100,000 minimum for listing independent contractors on Form 990, Part VII, Section B. Go to IRS.gov/Coronavirus for links to information on the impact of the coronavirus, as well as tax relief available for individuals and families, small and large businesses, and tax-exempt organizations. To avoid the imposition of the 200% tax, a disqualified person must correct the excess benefit transaction during the tax period.

If you have questions about your eligibility for the Form 990-N, you can review the IRS’s frequently asked questions for this form. A nonprofit’s executive director is often responsible for completing a 990 form, though other finance and operations staff may contribute to the effort. It’s also a good idea to require that your nonprofit board reviews and approves your 990 form before you submit it to the IRS. Having an accountant or someone familiar with IRS regulations on your board can help ensure a complete and accurate submission of all necessary tax forms. Organizations that file Form 990 use this schedule to report the types of noncash contributions they received during the year and certain information regarding such contributions.

Versions of Forms 990:

A controlling organization of one or more controlled entities, as described in section 512(b)(13), must file Form 990 and not Form 990-EZ if it is required to file an annual information return for the year and if there was any transfer of funds between the controlling organization and any controlled entity during the year. Gross receipts are the total amounts the organization received from all sources during its tax year, without subtracting any costs or expenses. See Appendix B. How To Determine Whether an Organization’s Gross Receipts Are Normally $50,000 (or $5,000) or Less, for a discussion of gross receipts. An organization’s completed Form 990 or 990-EZ, and a section 501(c)(3) organization’s Form 990-T, Exempt Organization Business Income Tax Return, are generally available for public inspection as required by section 6104.

what is a form 990

Whether a payment from a governmental unit is labeled a “grant” or a “contract” doesn’t determine where the payment should be reported on Part VIII. Rather, a grant or other payment from a governmental unit is reported here if its primary purpose is to enable the organization to provide a service to, or maintain a facility for, the direct benefit of the public rather than to serve the direct and immediate needs of the governmental unit. In other words, the payment is recorded on line 1e if the general public receives the primary and direct benefit from the payment and any benefit to the governmental unit is indirect and insubstantial as compared to the public benefit. Enter on line 1a the total amount of contributions received indirectly from the public through solicitation campaigns conducted by federated fundraising agencies and similar fundraising organizations (such as from a United Way organization). Federated fundraising agencies normally conduct fundraising campaigns within a single metropolitan area or some part of a particular state, and allocate part of the net proceeds to each participating organization on the basis of the donors’ individual designations and other factors.

Enter your details onto the form.

Foundation M operates in State N. The legislature of State N is considering legislation to improve funding of health care for senior citizens. Since this lobbying is directly related to Foundation M’s exempt purpose, it would be considered an exempt function expense, and would be included under column (B). For Startup Bookkeeping Services Tax Preparation, Bookkeeping, and CFO Services column (A), add lines 1h, 2g, 3 through 5, 6d, 7d, 8c, 9c, 10c, and 11e. For columns (B) through (D), add lines 2a through 2f, 3, 4, 5, 6d, 7d, 8c, 9c, 10c, and 11a through 11d. The amounts reported on line 12 in columns (B), (C), and (D), plus the amount reported on line 1h, should equal line 12, column (A).

If “Yes,” describe on Schedule O (Form 990) the class or classes of such persons, the decisions that require their approval, and the nature of their voting rights. Answer “Yes” if the organization became aware during the organization’s tax year of a significant diversion of its assets, whether or not the diversion occurred during the year. If “Yes,” explain the nature of the diversion, dollar amounts and/or other property involved, corrective actions taken https://business-accounting.net/accounting-vs-law-whats-the-difference/ to address the matter, and pertinent circumstances on Schedule O (Form 990), although the person or persons who diverted the assets shouldn’t be identified by name. Examples of insignificant changes made to organizing or enabling documents or bylaws that aren’t required to be reported here include changes to the organization’s registered agent with the state and to the required or permitted number or frequency of governing body or member meetings.

About Form 990, Return of Organization Exempt from Income Tax

The relationship between D and E isn’t a reportable business relationship, either because (1) it is in the ordinary course of business on terms generally offered to the public, or (2) D doesn’t hold a greater-than-35% interest in the accounting firm’s profits or capital. If a section 4947(a)(1) nonexempt charitable trust has no taxable income under subtitle A, its filing of Form 990 can be used to meet its income tax return filing requirement under section 6012. Such a trust must, if it answers “Yes” on line 12a, report its tax-exempt interest received or accrued (if reporting under the accrual method) during the tax year on line 12b. Member income for purposes of this 85% Member Income Test is income derived directly from the members to pay for services that form the basis for tax exemption under section 501(c)(12), and includes payments for purchases of water, electricity, and telephone service. Member income doesn’t include interest income, gains from asset or security sales, or dividends from another cooperative (unless that cooperative is also a member).

The organization may leave line 2b blank if it didn’t report any employees on line 2a. Most organizations exempt from income tax under section 501(a) must file an annual information return (Form 990 or 990-EZ) or submit an annual electronic notice (Form 990-N), depending upon the organization’s gross receipts and total assets. Your organization may be exempt from taxes, but it still needs to file an annual tax return using Form 990.

File

As part of the Pension Protection Act, passed in 2006, Congress made it mandatory that the IRS collect necessary information from all tax-exempt nonprofits. There are several versions of Form 990, each differing in length, difficulty, and extent of information requested. Generally, the form you submit will be dependent upon your organization’s gross receipts from the prior year. You might think nonprofits would have an easier time, being tax-exempt, but that isn’t necessarily true.