Instructions for Form 1028 (Revised October 1999) Application for Recognition of Exemption Under Section 521 of the Internal Revenue Code Section references are to the Internal Revenue Code unless otherwise noted. Department of the Treasury Internal Revenue Service Make sure the application is complete. Please note... General Instructions Keep a copy of the completed application form in your permanent records. A. Who May Use This Form Form 1028 may be used by a farmers' cooperative to apply for recognition of exempt status under section 521. A farmers' cooperative, as defined in section 521, is an association of farmers, fruit growers, or persons with similar occupations that is organized and operated on a cooperative basis. B. Where To File Send the completed application, all required information, and Form 8718, User Fee for Exempt Organization Determination Letter Request, with the appropriate user's fee, to the address shown in the Instructions to Form 8718. attachments should also show the organization's name, address, and employer identification number (EIN), and be on 8¹/2'' x 11'' paper. In addition to the required documents and statements, include any additional information citing court decisions, rulings, opinions, etc., that may help to speed the processing of the application. Generally, attachments in the form of tape recordings are not accepted unless accompanied by a transcript. E. Annual Return An organization that is recognized as exempt from income tax under section 521 must file an annual return on Form 990-C, Farmers' Cooperative Association Income Tax Return. An organization will not be considered exempt, even though it operates within the provisions of sections 521 and 1381 through 1388, unless it files this application or has previously received a ruling recognizing its exemption under section 521 of the Internal Revenue Code of 1986 or corresponding provisions of prior law. F. User Fees for Exempt Organization Ruling and Determination Requests The Internal Revenue Service is required to collect a fee from any organization seeking an IRS determination of its exempt status as an organization described in section 521.   A fee also applies to any exempt organization's request for a private letter ruling. The nonrefundable fee must be submitted with the application or ruling request. Otherwise, the request will be returned without any action being taken on it. The fees are shown in Form 8718, which is used to transmit both the appropriate fee and the application or ruling request. Specific Instructions Part I—Identification Line 1a—Organization's Name.   Enter the organization's name as it appears in its organizing documents, including amendments. If the organization will be operated under another name, show that name in parentheses. 1. Complete all parts of the application. 2. Show the employer identification number (EIN): a.   If the organization has one, put it on line 1b. b.   If the organization doesn't have an EIN, obtain it by telephone (see the Specific Instructions for Part I, line 1b). 3. Enclose financial statements (see the Specific Instructions for Part IV): a.   Current year (must include the period that is within 60 days of the application's filing date) and 3 preceding years. b.   Detailed breakdown of receipts and expenditures—no lump sums. 4. Include a conformed copy of the complete organizing instrument and a copy of the bylaws. a.   An organizing instrument means: 1)   Articles of incorporation a)   Signed by the incorporators, and b)   Signed by an appropriate government official, or 2)   Constitution or articles of association (signed). b.   A conformed copy is one that agrees with the original and all amendments to it. 5. Enclose Form 8718 and appropriate user fee (See General Instruction F). 6. Have the application signed by one of the following: a.   An officer, b.   A director, or c.   A person having power of attorney (submit the power of attorney too). 7. Give the name and phone number of someone we can call during normal business hours if we need additional information (Part I, line 3). Soon after we receive the application, you will be advised of the Internal Revenue Service's determination and of the annual returns that the organization will be required to file. C. Power of Attorney If an agent or attorney will represent the organization, you must file a power of attorney, specifically authorizing the representative to act in person or by correspondence.   Send the power of attorney with the application when you file it. Use Form 2848, Power of Attorney and Declaration of Representative, or Form 8821, Tax Information Authorization, for this purpose. D. Attachments Every attachment should state that it relates to Form 1028 and identify the applicable part and line item number. The Cat. No. 17139Y