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Transcript of 2012 IRS Form 990 Whats New - Whats Important
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2012 Form 990: What’s
New, What’s ImportantFebruary 26, 2013
Deborah G. Kosnett, CPA
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IRS Highlights:
2012 EO Annual Report/2013 Workplan
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2012 Workplan Results: Governance
Examined 10,743 EO returns
Completed “Governance Check Sheets” analysisfor charities under audit
Compliant charities were most likely to:
- Have a written mission statement
- Use comparability data for compensation decisions
-
Have controls over use of charitable assets- Have the entire Board review the 990 before filing
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2012 Workplan Results: Auto Revocation
More than 450,000 organizations have lost
exempt statusAbout 30,000 have applied for reinstatement
IRS offered transitional relief for small orgs-
reduced fees, etc. through Dec. 31IRS launched “Select Check” web site in 2012:info on revocation, filings, eligibility to receive
deductible contributionsIRS also routinely sends out “compliance check”
notices to intermittent non-filers
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2012 Workplan Results: Outreach
Initiated ‘virtual workshops’ - “What You
Need to Know About Automatic Revocationof Exemption”
Made extensive use of introductoryworkshops, webinars, e-newsletters
2013: In-person outreach for larger groups;
technology and ‘virtual content’ for smallerorgs
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2012 Workplan Results: Exam Process Info
Launched web pages that provide centralized
information on the EO exam process:- Why an org might be selected for review
-
Different types of exams (field, correspondence, etc.)- What to expect during an exam
- Taxpayer rights
- Info on Fast Track Settlement
www.irs.gov/Charities-&-Non-Profits/Exempt-Organizations-Audit-Process
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2013 IRS Workplan: Form 990 Compliance
“The IRS uses the Form 990responses to select returns for
examination, so a complete and
accurate return is in your best
interest.”
-- IRS FY 2013 Workplan
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2013 IRS Workplan: Form 990 Compliance
“As we examine organizations selected through thisdata-driven approach, we find that the Form 990
responses of some organizations do not alwaysaccurately reflect their activities. If those
organizations had been more careful in completingtheir returns, they might not have been identified by
our indicators or selected for examination.”-- IRS FY 2013 Workplan
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2013 IRS Workplan: Form 990 Compliance
Compensation transparency – IRS will examine 200 orgs
- Focus on high gross receipts / very low total compensationUnlawful political campaign intervention – IRS will
evaluate 300 cases for possible examination
-
IRS will also evaluate whether Forms 1120-POL should havebeen filed
Unrelated business income – IRS plans to examine orgs
with high gross UBI / no taxable income
Charitable spending initiative – IRS sources/uses of
charitable funds exams will focus on medium/large orgs
- Focus on high fundraising income/low fundraising expense
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2013 IRS Workplan: Governance
§501(c)(3) and (4) orgs will be examined for
governance practices- Based on 2012 findings
- IRS checksheet will look for additional relevant factors
or practices285 orgs that in 2009 reported a “significantdiversion of assets” – IRS will look at their before/
after governance practices
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2013 IRS Workplan: §512(b)(13) Study
The Pension Protection Act of 2006 made some
changes to this code section – transactions withcontrolled entities
PPA 2006 mandated Treasury to report on
administration of the changes and makerecommendations
IRS EO Division is starting to analyze data
gathered from 2,000 checksheets
No info on when this might be complete
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2013 IRS Workplan: Employment Tax Compliance
IRS is in its 3rd year of an employment tax
compliance research project (NationalResearch Program (NRP))
EO has examined employment tax formsfiled by exempt orgs in 2008 – 2010
For 2013, EO will finish its analysis and
provide data to the IRS NRP for furtherwork
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2013 IRS Workplan: Int’l Charitable Activities
In 2012, EO looked at a sample of orgs that reported
foreign bank accounts. Findings:- Failure to file FBAR reports
- Inadequate recordkeeping
-
Lack of discretion and control over foreign funds- Failure to file/incorrect filing of employment tax returns
For 2013, IRS will focus on orgs with high amounts of
foreign grants IRS will also continue its “Gifts-in-Kind” exams,
focusing on excessive comp/limited charitable activity
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2013 IRS Workplan: Group Rulings
IRS is currently sending out a Group Rulings
Questionnaire to > 2,000 randomly selected“central” organizations
- 2011 Advisory Committee to TE/GE report questioned
utility of group exemptions- Large numbers of subordinates have been auto-revoked
Questionnaire seeks to examine central org/
subordinate relationships and reportingNew web page on group rulings:www.irs.gov/Charities-&-Non-Profits/Group-Exemption-Rulings-and-
Group-Returns
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2013 IRS Workplan: 990-N Misfilers
Since 2008, IRS has found numerous 990-N
erroneous filings:- Orgs that are too large to file
- Supporting organizations (§501(a)(3)’s cannot file a 990-N)
-
Orgs that filed both 990-N and another 990 (dual filers)> 200 ineligible orgs that filed 990-N will benotified of automatic loss of exempt status
IRS will examine > 200 dual filers to determinefuture filing requirements
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2013 IRS Workplan: “Self Declared” Exempt Orgs
§501(c)(4)/(5)/(6) orgs can declare themselves
exempt without asking for determinationIRS will send out a questionnaire to 2010/2011“self-declarers” to determine correctness of
classification and complianceIRS is no longer granting automatic retroactiveexemption to Form 1024 filers! (Rev. Proc. 2013-9)
- IRS is adopting the 27-month rule that now applies toForm 1023 filers
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2013 IRS Workplan: Miscellaneous
“Plain language” writing courses will be extended
to tax law specialists in Rulings and AgreementsAuto-revocation – IRS will update AutomaticRevocation List monthly
IRS will be developing new communications andmaterials designed to meet the tax needs of smallexempt organizations
IRS will debut an interactive, educational online
version of Form 1023
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Form 990 2012: Form and
Instruction Update
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What’s New for 2012 – Core Form
Part IV - Grants or other assistance to domestic orgs
or individuals that are designated for foreignorganizations must be reported on Schedule F
Part VI – instructions for Question 3 clarify the
information to be provided on Schedule O: name themanagement company, describe services, list
ODTKE’s compensated and amounts compensated.
Part VI – an “other” box for Line 18 has been added(disclosure of 990/990-T/1023/1024)
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What’s New for 2012 – Core Form
Part VII – you now mustinclude averagehours/week for related orgs
Section A providesinstructions for reporting
self-insured medical planbenefits (page 31)
Section B, independent
contractors – insuranceproviders should not bereported (nor public utilities,either)
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What’s New for 2012 – Core Form
Part VIII – You are no longer required to report
revenue from J V’s and partnerships on a K-1 basisPart VIII – a §501(c)(3) organization must treat all S
corporation income as UBI; gain on disposition of S
corporation stock is also UBI (§512(e))Part VIII – if you get any Forms 1099-K: report on
appropriate line based on nature of the payments
(i.e
., contribution, income from sale of inventory)- Keep 1099-K copies with your records
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What’s New for 2012 – Core Form
Part IX – Line 3, grants
and assistance must now
include grants to U.S. orgs
or individuals that are
designated for foreign
orgs or individuals
Part IX – new Line 11g: if
“other” fees > 10% of total
expenses, then detail onSchedule O
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What’s New for 2012 – Core Form
Part IX – You are no
longer required toreport assets from J V’sand partnerships on a
K-1 basis
Part IX – Line 6:receivables reported
here trigger Schedule Ldisclosure
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What’s New for 2012 – Core Form
Part XI – new lines
(because Schedule Dreconciliation is gone)
Part XII – simplereformatting of compiled/
reviewed/ auditedstatements question
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What’s New for 2012 – Glossary
“Disqualified person” definition clarifies that if a 5-
year disqualification period ends within the org’stax year, it may treat the person as disqualified for
the entire year
“Grants and other assistance” no longer includes“program-related investments” (Schedule F)
“Professional fundraising services” now includes
“preparation of applications for grants or otherassistance.”
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What’s New for 2012 – Miscellaneous
If an organization accepts a contribution in the
name of one its programs, the donoracknowledgement should indicate the
organization’s name – not the program’s name
IRS reminds filers not to include social securitynumbers on 990 or 990-EZ
Form 990-EZ, Part IV – officer/director address no
longer required
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What’s New for 2012 – The Schedules
Schedule A – disclose
only monetary supportin 11h(viii):
- “Monetary support”includes payments to orfor use of members of charitable class benefitedby the supported org;
payments to other SO’s- Describe non-monetarysupport in Part IV
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What’s New for 2012 – The Schedules Schedule B – accrual method organizations reporting
pledges of non-cash property must check the “non-cash” box
and fill out Part II, even if property not received by year-end Schedule C – special focus coming up
Schedule D – Part IX, Reconciliation, has been eliminated
Schedule D – donor-advised funds reportable in Part I are notlimited to funds or accounts that meet the GAAP “funds”definition
Schedule D – The FIN 48 footnote needs to be reported
regardless standards used to determine (FIN 48, ASC 740,
IFRS, or other)
Schedule F – special focus coming up
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What’s New for 2012 – The Schedules
Schedule G – for Part II, Line 2, all contributions
related to a fundraising event should be reported, not just charitable contributions
Schedule H – hospital-related schedule, N/A
Schedule I – removed a checkbox, nothing otherwiseSchedule J – new example of how to report value of
benefits from a nonqualified benefit plan
Schedule K – significant new questions regarding salesand dispositions of bond-financed property, rebates,
etc.
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What’s New for 2012 – The Schedules
Schedule L – special focus coming up
Schedule M – definition of a “qualified organization”for purposes of a qualified conservation contribution
Schedule N – revision of “significant disposition of net
assets” to exclude grants or other assistance made inthe ordinary course of exempt activities
Schedule N – organizations winding up but not yet
terminated should not fill out Part I, but may need tocomplete Part II
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What’s New for 2012 – The Schedules
Schedule R – new section in instructions
regarding what VEBAs need to reportSchedule R – 3 more examples of “indirectcontrol” for schedule reporting purposes
Schedule R – Part IV now has a “§512(b)(13)controlled entity” column
Schedule R – Part V has a new item: “Dividends
from related organizations”
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Form 990 2012:
Focus on Schedule C
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Schedule C – What Are the Trigger Questions?
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Identicalto 2012
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Schedule C – Political Activity Reporting
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Part I-A – for (Almost) Everyone
Report both direct and indirect political campaignactivities
- Line 1: requires a Part IV narrative description – even if only activity is through a connected PAC
- Line 2: Correctly-handled PAC contributions are NOTreported here; everything else isLine 3: Report volunteer hours for the organization’s own
political activities – not those of connected PAC
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Part I-B – Sec. 501(c)(3) ONLY
The term “political expenditure” means any amount paid or incurred by a
section 501(c)(3) organization in any participation in, or intervention in
(including the publication or distribution of statements), any political
campaign on behalf of (or in opposition to) any candidate for publicoffice. – §4955(d)(1)
Part I-B asks about excise taxes imposed by§4955 inconnection with political expenditures …
So, Part I-B is never filled out … unless a§501(c)(3) hasdone something it shouldn’t have!
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Part I-C – Everyone BUT Section 501(c)(3)
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Report both political
contributions shunted to
your PAC and your own
political expenditures, if any
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Part II-A – Lobbying under Section 501(h)
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501(h) – When Things Go Somewhat Wrong
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$1,100,000 excesslobbying expenditures in
2011 ONLY
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501(h) – When Things Go Horribly Wrong!
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$75,000 in excessgrassroots expenditures
in TOTAL
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What Happens When a §501(c)(3) Fails 501(h)?
It does NOT get §501(c)(4) status (even though it might
otherwise qualify)
It becomes a taxable organization (usually a corporation)
GCM 39813: tax treatment of –
- Gross receipts of trade/business activities - taxable
- Income from investment and other formerly “excluded” activities -taxable
- “Good faith” contributions – generally nontaxable under §102
- Donors may be subject to gift tax
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There’s Nothing Like Self-Assessment . . .
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Part II-B directly asks if lobbying
causes the organization to fall outof §501(c)(3) …
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Part III – Section 501(c)(4), (5), (6) Lobbying
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"Dues payments, contributions or gifts to XYZ Associationare not tax deductible as charitable contributions for federalincome tax purposes. However, they may be deductible as
ordinary and necessary business expenses subject torestrictions imposed as a result of XYZ's lobbying activities
as defined by the Budget Reconciliation Act of 1993. XYZestimates that the nondeductible portion of your 20XX dues
-- the portion that is allocable to lobbying -- is ___%.“
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Form 990 2012:
Focus on Schedule F
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Focus on Schedule F2012 updates:
- Expenditures and investments in a single region are
to be reported on separate lines
- Foreign program-related investments go in Part I,
but not Parts II and III
- Grants and other assistance to US organizations or
individuals destined for foreign organizations are
reportable in Parts II and III
“ . . . To or for the use of foreign organizations, foreign
governments, foreign individuals, and U.S. individuals or
entities for foreign activity . . .”
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Make Sure You Are Capturing All Expenses
“Expenditures include salaries, wages, and other
employment-related costs paid to or for the benefit of employees located in the region; travel expenses to, from,and within the region; rent and other costs relating to offices
located in the region; grants to or for recipients located in
the region; bank fees and other financial accountmaintenance fees and costs; and payments to agents
located in the region. Report expenditures based on the
method used to account for them on the organization'sfinancial statements, and describe this method in Part V.”
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A Few Details . . .Foreign investments held through a domestic entity are notreportable (“domicile” is not foreign)
You may round off both investments and expenses to thenearest $1,000
For 2012, you may skip allocating indirect expenditures to
foreign activities if you don’t already separately track themFor “grants and other assistance” do not include salariesor payments to independent contractors, or payments toaffiliates that are not separate legal entities
Even if you have no expenditures for an activity, you mustreport the activity in Part I if you derived more than$10,000 in revenue from its operations
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“Foreign Forms” Questions …
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Don’t Slide Over the “Boycotting Countries” Question!
A “boycotting country” is:
- Any country that is on the list maintained by theSecretary of the Treasury under §999(a)(3).
The most recent list (August 2012) includes Iraq, Kuwait,
Lebanon, Libya, Qatar, Saudi Arabia, Syria, UAE, and Republic
of Yemen.- Any other country in which your organization (or controlled
group of which your org is a member) has operations and of which you know, or have reason to know, requires any person
to cooperate with or participate in an international boycott.- There are some filing exceptions, to read the instructions to
Form 5713 carefully!
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Form 990 2012:
Focus on Schedule L
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Focus on Schedule LNew columns in Parts I, II, III
Part I asks for amount of tax
“incurred by” … formerly“imposed on”
Part II emphasis placed on
amounts reported in Part X(balance sheet), lines 5, 6, 22
Part IV clarification that bankdeposits/ withdrawals are notreportable if made in ordinarycourse of business
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“Interested Person” Includes for Part IV:
An entity (other than a section501(c)(3) organization, a section
501(c) organization of the samesubsection as the filing
organization, or a governmental
unit or instrumentality) more than
35% owned or controlled, directly orindirectly, individually or collectively,
by one or more current or formerofficers, directors, trustees, or key
employees listed on Form 990, PartVII, Section A, or their family
members.
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Note that disclosure is
required only if there arereportable transactions.
But between related
exempt orgs, there usually
are! See pages 3 and 4 of
Schedule L instructions.
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How To Determine “More than 35%” Control
“For purposes of this Part IV, a nonprofit organization is'more than 35%' controlled when more than 35% of its
directors or trustees either (a) consist of interested personsof the filing organization, or (b) serve as directors or trusteessubject to powers held by one or more interested persons of
the filing organization to elect or appoint, or remove andreplace, such directors or trustees or the members that elect
or appoint them.”
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Yes
No
Yes
Not Reportable
Not Reportable
Sch L threshold business transactions?
> 35% control?
Is other org a 501(c)(3) or same 501(c) type?
Not ReportableYes
Reportable On Sch L Pt IV
I s T h
a t O r g R e p o r t a b l e
o n S c h e d u l e L ? No
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Schedule L “Related” Orgs – Effect on 990, Part VI
3. Neither the member, nor any familymember of the member, was involved in atransaction with the organization (whetherdirectly or indirectly through affiliation withanother organization) that is required to bereported on Schedule L (Form 990 or 990-
EZ) for the organization's tax year.
4. Neither the member, nor any family memberof the member, was involved in atransaction with a taxable or tax-exemptrelated organization (whether directly or
indirectly through affiliation with anotherorganization) of a type and amount thatwould be reportable on Schedule L (Form990 or 990-EZ) if required to be filed by therelated organization.
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“Independent” voting members mustpass these two criteria (and 2 more):