2002 Tax Help Archives  

Instructions for Form 990 & Form 990-EZ (Revised 2002) 2002 Tax Year

Return of Organization Exempt From Income Tax and
Short Form Return of Organization Exempt From Income Tax

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This is archived information that pertains only to the 2002 Tax Year. If you
are looking for information for the current tax year, go to the Tax Prep Help Area.

C. Exempt Organization Reference Chart

Note:   To determine how the instructions for Form 990 and Form 990-EZ apply to you, you must know the Code section under which you are exempt.

Type of Organization I.R.C. Section
Corporations Organized Under Act of Congress 501(c)(1)
Title Holding Corporations 501(c)(2)
Charitable, Religious, Educational, Scientific, etc., Organizations 501(c)(3)
Civic Leagues and Social Welfare Organizations 501(c)(4)
Labor, Agricultural, and Horticultural Organizations 501(c)(5)
Business Leagues, etc. 501(c)(6)
Social and Recreation Clubs 501(c)(7)
Fraternal Beneficiary and Domestic Fraternal Societies and Associations 501(c)(8) & (10)
Voluntary Employees' Beneficiary Associations 501(c)(9)
Teachers' Retirement Fund Associations 501(c)(11)
Benevolent Life Insurance Associations, Mutual Ditch or Irrigation Companies, Mutual or Cooperative Telephone Companies, etc. 501(c)(12)
Cemetery Companies 501(c)(13)
State Chartered Credit Unions, Mutual Reserve Funds 501(c)(14)
Mutual Insurance Companies or Associations 501(c)(15)
Cooperative Organizations To Finance Crop Operations 501(c)(16)
Supplemental Unemployment Benefit Trusts 501(c)(17)
Employee Funded Pension Trusts (created before 6/25/59) 501(c)(18)
Organizations of Past or Present Members of the Armed Forces 501(c)(19) & (23)
Black Lung Benefit Trusts 501(c)(21)
Withdrawal Liability Payment Funds 501(c)(22)
Title Holding Corporations or Trusts 501(c)(25)
State-Sponsored Organizations Providing Health Coverage for High-Risk Individuals 501(c)(26)
State-Sponsored Workmen's Compensation and Insurance and Reinsurance Organizations 501(c)(27)
Religious and Apostolic Associations 501(d)
Cooperative Hospital Service Organizations 501(e)
Cooperative Service Organizations of Operating Educational Organizations 501(f)
Child Care Organizations 501(k)
Charitable Risk Pools 501(n)
Political Organizations 527

D. Forms and Publications To File or Use

Personal computer.   You can access the IRS Web Site 24 hours a day, 7 days a week at www.irs.gov to:

  • Download forms, instructions, and publications.
  • See answers to frequently asked tax questions.
  • Order IRS products on-line.
  • Search publications on-line by topic or keyword.
  • Send us comments or request help via e-mail.
  • Sign up to receive local and national tax news by e-mail.

You can also reach us using file transfer protocol at ftp.irs.gov.

CD-ROM.   Order Pub. 1796, IRS Federal Tax Products on CD-ROM, and get:

  • Current year forms, instructions, and publications.
  • Prior year forms, instructions, and publications.
  • Frequently requested forms that may be filled in electronically, printed out for submission, and saved for recordkeeping.
  • The Internal Revenue Bulletin.

Buy the CD-ROM on the Internet at www.irs.gov/cdorders from the National Technical Information Service (NTIS) for $22 (no handling fee), or call 1-877-CDFORMS (1-877-233-6767) toll free to buy the CD-ROM for $22 (plus a $5 handling fee).

By phone and in person.   You can order forms and publications 24 hours a day, 7 days a week, by calling 1-800-TAX-FORM (1-800-829-3676). You can also get most forms and publications at your local IRS office.

Schedule A (Form 990 or 990-EZ).   Organization Exempt Under Section 501(c)(3) (Except Private Foundation), 501(e), 501(f), 501(k), 501(n), or Section 4947(a)(1) Nonexempt Charitable Trust. The Schedule A (Form 990 or 990-EZ) is filed with Form 990, or Form 990-EZ, for a section 501(c)(3) organization that is not a private foundation (and including an organization described in section 501(e), 501(f), 501(k), or 501(n)). It is also filed with Form 990, or Form 990-EZ, for a section 4947(a)(1) nonexempt charitable trust that is not treated as a private foundation. An organization is not required to file Schedule A (Form 990 or 990-EZ) if its gross receipts are normally $25,000 or less. See the gross receipts discussion in General Instruction B.

Schedule B (Form 990, 990-EZ, or 990-PF).   Schedule of Contributors. Schedule B (Form 990, 990-EZ, or 990-PF) is used by all organizations required to file Form 990, 990-EZ, or 990-PF, to provide the contributor information required for line 1 of those forms.

Forms W-2 and W-3.   Wage and Tax Statement and Transmittal of Wage and Tax Statements.

Form W-9.   Request for Taxpayer Identification Number and Certification.

Form 940.   Employer's Annual Federal Unemployment (FUTA) Tax Return.

Form 941.   Employer's Quarterly Federal Tax Return. Used to report social security, Medicare, and income taxes withheld by an employer and social security and Medicare taxes paid by an employer.

Form 943.   Employer's Annual Tax Return for Agricultural Employees.

Trust Fund Recovery Penalty.   If certain excise, income, social security, and Medicare taxes that must be collected or withheld are not collected or withheld, or these taxes are not paid to the IRS, a Trust Fund Recovery Penalty may apply. The Trust Fund Recovery Penalty may be imposed on all persons (including volunteers) who the IRS determines were responsible for collecting, accounting for, and paying over these taxes, and who acted willfully in not doing so.

This penalty does not apply to volunteer, unpaid members of any board of trustees or directors of a tax-exempt organization, if these members are solely serving in an honorary capacity, do not participate in the day-to-day or financial activities of the organization, and do not have actual knowledge of the failure to collect, account for, and pay over these taxes. However, the preceding sentence does not apply if it results in no person being liable for the penalty.

The penalty is equal to the unpaid trust fund tax. See the instructions for Pub. 15 (Circular E), Employer's Tax Guide, for more details, including the definition of responsible persons.

Form 990-T.   Exempt Organization Business Income Tax Return. Filed separately for organizations with gross income of $1,000 or more from business unrelated to the organization's exempt purpose. The Form 990-T is also filed to pay the section 6033(e)(2) proxy tax. For Form 990, see line 85 and its instructions; for Form 990-EZ, see line 35 and its instructions.

Form 990-W.   Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations.

Form 1040.   U.S. Individual Income Tax Return.

Form 1041.   U.S. Income Tax Return for Estates and Trusts. Required of section 4947(a)(1) nonexempt charitable trusts that also file Form 990 or Form 990-EZ. However, if such a trust does not have any taxable income under Subtitle A of the Code, it can file Form 990, or Form 990-EZ, and does not have to file Form 1041 to meet its section 6012 filing requirement. If this condition is met, complete Form 990, or Form 990-EZ, and do not file Form 1041.

A section 4947(a)(1) nonexempt charitable trust that normally has gross receipts of not more than $25,000 (see the gross receipts discussion in General Instruction B) and has no taxable income under Subtitle A must complete line 92 and the signature block on page 6 of the Form 990. On the Form 990-EZ, complete line 43 and the signature block on page 2 of the return. In addition, complete only the following items in the heading of Form 990 or Form 990-EZ:

  

Item
A Tax year (fiscal year or short period, if applicable)
B Applicable checkboxes
C Name and address
D Employer identification number (EIN)
J Section 4947(a)(1) nonexempt charitable trust box.

Form 1096.   Annual Summary and Transmittal of U.S. Information Returns.

Form 1098 series.   Information returns to report student loan interest and tuition and related expenses received.

Form 1099 series.   Information returns to report acquisitions or abandonments of secured property, proceeds from broker and barter exchange transactions, cancellation of debt, dividends and distributions, certain government and state qualified tuition program payments, taxable distributions from cooperatives, interest payments, payments of long-term care and accelerated death benefits, miscellaneous income payments, distributions from a medical savings account, original issue discount, distributions from pensions, annuities, retirement or profit-sharing plans, IRAs, insurance contracts, etc., and proceeds from real estate transactions. Also, use certain of these returns to report amounts that were received as a nominee on behalf of another person.

Form 1120-POL.   U.S. Income Tax Return for Certain Political Organizations.

Form 1128.   Application To Adopt, Change, or Retain a Tax Year.

Form 3115.   Application for Change in Accounting Method.

Form 4506-A.   Request for Public Inspection or Copy of Exempt or Political Organization IRS Form.

Form 4562.   Depreciation and Amortization.

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

Form 5500.   Annual Return/Report of Employee Benefit Plan. Employers who maintain pension, profit-sharing, or other funded deferred compensation plans are generally required to file the Form 5500. This requirement applies whether or not the plan is qualified under the Internal Revenue Code and whether or not a deduction is claimed for the current tax year.

Form 5768.   Election/Revocation of Election by an Eligible Section 501(c)(3) Organization To Make Expenditures To Influence Legislation.

Form 8282.   Donee Information Return. Required of the donee of charitable deduction property who sells, exchanges, or otherwise disposes of the property within 2 years after receiving the property.

The form is also required of any successor donee who disposes of charitable deduction property within 2 years after the date that the donor gave the property to the original donee. It does not matter who gave the property to the successor donee. It may have been the original donee or another successor donee.

Form 8283.   Noncash Charitable Contributions.

Form 8300.   Report of Cash Payments Over $10,000 Received in a Trade or Business. Used to report cash amounts in excess of $10,000 that were received in a single transaction (or in two or more related transactions) in the course of a trade or business (as defined in section 162).

However, if the organization receives a charitable cash contribution in excess of $10,000, it is not subject to the reporting requirement since the funds were not received in the course of a trade or business.

Form 8822.   Change of Address. Used to notify the IRS of a change in mailing address that occurs after the return is filed.

Form 8868.   Application for Extension of Time To File an Exempt Organization Return.

Form 8870.   Information Return for Transfers Associated With Certain Personal Benefit Contracts. Used to identify those personal benefit contracts for which funds were transferred to the organization, directly or indirectly, as well as the transferors for, and beneficiaries of, those contracts.

Form 8871.   Political Organization Notice of Section 527 Status.

Form 8872.   Political Organization Report of Contributions and Expenditures.

Publication 463.   Travel, Entertainment, Gift, and Car Expenses.

Publication 525.   Taxable and Nontaxable Income.

Publication 526.   Charitable Contributions.

Publication 538.   Accounting Periods and Methods.

Publication 598.   Tax on Unrelated Business Income of Exempt Organizations.

Publication 910.   Guide to Free Tax Services.

Publication 946.   How To Depreciate Property.

Publication 1771.   Charitable Contributions - Substantiation and Disclosure Requirements.

E. Use of Form 990, or Form 990-EZ, To Satisfy State Reporting Requirements

Some states and local government units will accept a copy of Form 990, or Form 990-EZ, Schedule A (Form 990 or 990-EZ), and Schedule B (Form 990, 990-EZ, or 990-PF) in place of all or part of their own financial report forms. The substitution applies primarily to section 501(c)(3) organizations, but some of the other types of section 501(c) organizations are also affected.

If you use Form 990, or Form 990-EZ, to satisfy state or local filing requirements, such as those under state charitable solicitation acts, note the following -

Determine state filing requirements

You should consult the appropriate officials of all states and other jurisdictions in which the organization does business to determine their specific filing requirements. Doing business in a jurisdiction may include any of the following: (a) soliciting contributions or grants by mail or otherwise from individuals, businesses, or other charitable organizations; (b) conducting programs; (c) having employees within that jurisdiction; (d) maintaining a checking account; or (e) owning or renting property there.

Monetary tests may differ

Some or all of the dollar limitations applicable to Form 990, or Form 990-EZ, when filed with the IRS may not apply when using Form 990, or Form 990-EZ, in place of state or local report forms. Examples of the IRS dollar limitations that do not meet some state requirements are the $25,000 gross receipts minimum that creates an obligation to file with the IRS (see the gross receipts discussion in General Instruction B) and the $50,000 minimum for listing professional fees in Part II of Schedule A (Form 990 or 990-EZ).

Additional information may be required

State or local filing requirements may require you to attach to Form 990, or Form 990-EZ, one or more of the following: (a) additional financial statements, such as a complete analysis of functional expenses or a statement of changes in net assets; (b) notes to financial statements; (c) additional financial schedules; (d) a report on the financial statements by an independent accountant; and (e) answers to additional questions and other information. Each jurisdiction may require the additional material to be presented on forms they provide. The additional information does not have to be submitted with the Form 990, or Form 990-EZ, filed with the IRS.

Even if the Form 990, or Form 990-EZ, that the organization files with the IRS is accepted by the IRS as complete, a copy of the same return filed with a state will not fully satisfy that state's filing requirement if required information is not provided, including any of the additional information discussed above, or if the state determines that the form was not completed by following the applicable Form 990, or Form 990-EZ, instructions or supplemental state instructions. If so, the organization may be asked to provide the missing information or to submit an amended return.

Use of audit guides may be required

To ensure that all organizations report similar transactions uniformly, many states require that contributions, gifts, grants, etc., and functional expenses be reported according to the AICPA industry audit guide, Not-For-Profit Organizations (New York, NY, AICPA, 2001), supplemented by Standards of Accounting and Financial Reporting for Voluntary Health and Welfare Organizations (Washington, DC, National Health Council, Inc., 1998, 4th edition).

Donated services and facilities

Even though reporting donated services and facilities as items of revenue and expense is called for in certain circumstances by the two publications named above, many states and the IRS do not permit the inclusion of those amounts in Parts I and II of Form 990 or Part I of Form 990-EZ. The optional reporting of donated services and facilities is discussed in the instructions for Part III for both Form 990 and Form 990-EZ.

Amended returns

If the organization submits supplemental information or files an amended Form 990, or Form 990-EZ, with the IRS, it must also send a copy of the information or amended return to any state with which it filed a copy of Form 990, or Form 990-EZ, originally to meet that state's filing requirement.

If a state requires the organization to file an amended Form 990, or Form 990-EZ, to correct conflicts with Form 990, or Form 990-EZ, instructions, it must also file an amended return with the IRS.

Method of accounting

Most states require that all amounts be reported based on the accrual method of accounting. See also General Instruction G.

Time for filing may differ

The deadline for filing Form 990, or Form 990-EZ, with the IRS differs from the time for filing reports with some states.

Public inspection

The Form 990, or Form 990-EZ, information made available for public inspection by the IRS may differ from that made available by the states. See the discussion for the required schedule of contributors (Schedule B (Form 990, 990-EZ, or 990-PF), in General Instruction L.

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