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2021
Instructions for Form 990
Return of Organization
Exempt From Income Tax
Department of the Treasury
Internal Revenue Service
DRAFT AS OF
November 9, 2021
Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code
(except private foundations)
Section references are to the Internal Revenue Code unless
otherwise noted.
Contents
Purpose of Form . . . . . . . . . . . . . . . . . . . . . . . .
Phone Help . . . . . . . . . . . . . . . . . . . . . . . . . . .
Email Subscription . . . . . . . . . . . . . . . . . . . . . .
General Instructions . . . . . . . . . . . . . . . . . . . . .
A. Who Must File . . . . . . . . . . . . . . . . . . . .
B. Organizations Not Required To File Form
990 or 990-EZ . . . . . . . . . . . . . . . . . . . .
C. Sequencing List To Complete the Form
and Schedules . . . . . . . . . . . . . . . . . . . .
D. Accounting Periods and Methods . . . . . .
E. When, Where, and How To File . . . . . . . .
F. Extension of Time To File . . . . . . . . . . . .
G. Amended Return/Final Return . . . . . . . . .
H. Failure-To-File Penalties . . . . . . . . . . . . .
I. Group Return . . . . . . . . . . . . . . . . . . . . . .
J. Requirements for a Properly Completed
Form 990 . . . . . . . . . . . . . . . . . . . . . . . .
Specific Instructions . . . . . . . . . . . . . . . . . . . . .
Heading. Items A–M . . . . . . . . . . . . . . . . . .
Part I. Summary . . . . . . . . . . . . . . . . . . . . .
Part II. Signature Block . . . . . . . . . . . . . . . .
Part III. Statement of Program Service
Accomplishments . . . . . . . . . . . . . . . . . .
Part IV. Checklist of Required Schedules . . .
Part V. Statements Regarding Other IRS
Filings and Tax Compliance . . . . . . . . . .
Part VI. Governance, Management, and
Disclosure . . . . . . . . . . . . . . . . . . . . . . .
Part VII. Compensation of Officers, Directors,
Trustees, Key Employees, Highest
Compensated Employees, and
Independent Contractors . . . . . . . . . . . . .
Part VIII. Statement of Revenue . . . . . . . . . .
Part IX. Statement of Functional Expenses . .
Part X. Balance Sheet . . . . . . . . . . . . . . . . .
Part XI. Reconciliation of Net Assets . . . . . .
Part XII. Financial Statements and Reporting
Business Activity Codes . . . . . . . . . . . . . . . . . .
Glossary . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendix of Special Instructions to Form 990
Contents . . . . . . . . . . . . . . . . . . . . . . . . . .
Nov 08, 2021
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Appendix A. Exempt Organizations Reference
Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendix B. How To Determine Whether an
Organization's Gross Receipts Are Normally
$50,000 (or $5,000) or Less . . . . . . . . . . . . .
Appendix C. Special Gross Receipts Tests for
Determining Exempt Status of Section 501(c)
(7) and 501(c)(15) Organizations . . . . . . . . .
Appendix D. Public Inspection of Returns . . . . . .
Appendix E. Group Returns—Reporting
Information on Behalf of the Group . . . . . . . .
Appendix F. Disregarded Entities and Joint
Ventures—Inclusion of Activities and Items . .
Appendix G. Section 4958 Excess Benefit
Transactions . . . . . . . . . . . . . . . . . . . . . . .
Appendix H. Forms and Publications To File or
Use . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Appendix I. Use of Form 990 or 990-EZ To Satisfy
State Reporting Requirements . . . . . . . . . . .
Appendix J. Contributions . . . . . . . . . . . . . . . . .
Appendix K. Reporting Information for Section
501(c)(21) Black Lung Trusts . . . . . . . . . . . .
Index . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Future Developments
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For the latest information about developments related to Form
990 and its instructions, such as legislation enacted after they
were published, go to IRS.gov/Form990.
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What’s New
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Section 501(c)(21) trusts. Form 990-BL, Information and
Initial Excise Tax Return for Black Lung Benefit Trusts and
Certain Related Persons, will be a historical form beginning with
tax year 2021. Section 501(c)(21) trusts can no longer file Form
990-BL and will file Form 990 (or submit Form 990-N, if eligible)
to meet their annual filing obligations under section 6033. Some
section 501(c)(21) trusts may also be required to file Form 6069,
Return of Certain Excise Taxes on Mine Operators, Black Lung
Trusts, and Other Persons Under Sections 4951, 4952, and
4953.
Reminder
Form 1099-NEC and nonemployee compensation reporting. Beginning with tax year 2020, Form 1099-NEC is used to
report nonemployee compensation. Accordingly, where the
Form 990 references reporting amounts of compensation from
Form 1099-MISC, Miscellaneous Income, be sure to include
nonemployee compensation from box 1 of Form 1099-NEC,
Cat. No. 11283J
limited exceptions, neither the organization nor the IRS may
remove that information before making the form publicly
available. Documents subject to disclosure include statements
and attachments filed with the form. For more information, see
Appendix D.
Nonemployee Compensation. See the instructions for additional
information.
Purpose of Form
Forms 990 and 990-EZ are used by tax-exempt organizations,
nonexempt charitable trusts, and section 527 political
organizations to provide the IRS with the information required by
section 6033.
Helpful hints. The following hints can help you more efficiently
review these instructions and complete the form.
• See General Instructions, Section C. Sequencing List To
Complete the Form and Schedules, later, which provides
guidance on the recommended order for completing the form
and applicable statements.
• Throughout these instructions, “the organization” and the
“filing organization” both refer to the organization filing Form 990.
• Unless otherwise specified, information should be provided
for the organization's tax year. For instance, an organization
should answer “Yes” to a question asking whether it conducted a
certain type of activity only if it conducted that activity during the
tax year.
• The examples appearing throughout the Instructions for Form
990 are illustrative only. They are for the purpose of completing
this form and aren't all-inclusive.
• Instructions for the Form 990 schedules are published
separately from these instructions.
DRAFT AS OF
November 9, 2021
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.
Schedule B (Form 990), Schedule of Contributors, is available
for public inspection for section 527 organizations filing Form
990 or 990-EZ. For other organizations that file Form 990 or
990-EZ, parts of Schedule B (Form 990) can be open to public
inspection. See Appendix D, Public Inspection of Returns, and
the Instructions for Schedule B (Form 990) for more details.
Some members of the public rely on Form 990 or Form
990-EZ as their primary or sole source of information about a
particular organization. How the public perceives an organization
in such cases can be determined by information presented on its
return.
Organizations that have $1,000 or more for the tax year
of total gross income from all unrelated trades or
CAUTION businesses must file Form 990-T to report and pay tax
on the resulting unrelated business taxable income (UBTI), in
addition to any required Form 990, 990-EZ, or 990-N.
Phone Help
!
If you have questions and/or need help completing Form 990,
please call 877-829-5500. This toll-free telephone service is
available Monday through Friday.
Email Subscription
A. Who Must File
The IRS has established a subscription-based email service for
tax professionals and representatives of tax-exempt
organizations. Subscribers will receive periodic updates from the
IRS regarding exempt organization tax law and regulations,
available services, and other information. To subscribe, visit
IRS.gov/Charities-&-Non-Profits/Subscribe-to-ExemptOrganization-Update.
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.
General Instructions
has a different EIN, unless it is filing a group return and
reporting information from a subordinate organization or
organizations, reporting information from a joint venture or
disregarded entity (see Appendix E. Group
Returns—Reporting Information on Behalf of the Group, and
Appendix F. Disregarded Entities and Joint Ventures—Inclusion
of Activities and Items, later), or as otherwise provided for in the
Code, regulations, or official IRS guidance. A parent-exempt
organization of a section 501(c)(2) title-holding company may file
a consolidated Form 990-T with the section 501(c)(2)
organization, but not a consolidated Form 990.
An organization may not file a “consolidated” Form 990
TIP to aggregate information from another organization that
Overview of Form 990
Note. Terms in bold are defined in the Glossary of the
Instructions for Form 990.
Form 990 is an annual information return required to be filed with
the IRS by most organizations exempt from income tax under
section 501(a), and certain political organizations and
nonexempt charitable trusts. Parts I through XII of the form
must be completed by all filing organizations and require
reporting on the organization's exempt and other activities,
finances, governance, compliance with certain federal tax filings
and requirements, and compensation paid to certain persons.
Additional schedules are required to be completed depending
upon the activities and type of the organization. By completing
Part IV, the organization determines which schedules are
required. The entire completed Form 990 filed with the IRS,
except for certain contributor information on Schedule B (Form
990), is required to be made available to the public by the IRS
and the filing organization (see Appendix D), and can be
required to be filed with state governments to satisfy state
reporting requirements. See Appendix I. Use of Form 990 or
990-EZ To Satisfy State Reporting Requirements.
Form 990 must be filed by an organization exempt from
income tax under section 501(a) (including an organization that
hasn't applied for recognition of exemption) if it has either (1)
gross receipts greater than or equal to $200,000, or (2) total
assets greater than or equal to $500,000 at the end of the tax
year (with exceptions described below for organizations eligible
to submit Form 990-N and for certain organizations described in
Section B. Organizations Not Required To File Form 990 or
990-EZ, later). This includes:
• Organizations described in section 501(c)(3) (other than
private foundations), and
• Organizations described in other 501(c) subsections.
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.
Reminder: Don't Include Social Security Numbers
on Publicly Disclosed Forms. Because the filing
CAUTION organization and the IRS are required to publicly
disclose the organization's annual information returns, social
security numbers shouldn't be included on this form. By law, with
!
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2021 Instructions for Form 990
If the organization is described in (3) but not in (1) or (2), then it
must submit Form 990-N unless it voluntarily files Form 990 or
990-EZ.
For purposes of Form 990 reporting, the term “section 501(c)
(3)” includes organizations exempt under sections 501(e) and (f)
(cooperative service organizations), 501(j) (amateur sports
organizations), 501(k) (childcare organizations), and 501(n)
(charitable risk pools). In addition, any organization described in
one of these sections is also subject to section 4958 if it obtains
a determination letter from the IRS stating that it is described in
section 501(c)(3).
Section 501(c)(7) and 501(c)(15) organizations. Section
501(c)(7) and 501(c)(15) organizations apply the same gross
receipts test as other organizations to determine whether they
must file Form 990, but use a different definition of gross receipts
to determine whether they qualify as tax exempt for the tax year.
See Appendix C. Special Gross Receipts Tests for Determining
Exempt Status of Section 501(c)(7) and 501(c)(15)
Organizations for more information.
DRAFT AS OF
November 9, 2021
Form 990-N. If an organization normally has gross receipts of
$50,000 or less, it must submit Form 990-N, Electronic Notice
(e-Postcard) for Tax-Exempt Organizations Not Required To File
Form 990 or 990-EZ, if it chooses not to file Form 990 or Form
990-EZ (with exceptions described below for certain section
509(a)(3) supporting organizations and for certain
organizations described in Section B, later). See Appendix B for
a discussion of gross receipts.
Section 527 political organizations. A tax-exempt political
organization must file Form 990 or 990-EZ if it had $25,000 or
more in gross receipts during its tax year, even if its gross
receipts are normally $50,000 or less, unless it meets one of the
exceptions for certain political organizations under Section B,
later. A qualified state or local political organization must file
Form 990 or 990-EZ only if it has gross receipts of $100,000 or
more. Political organizations aren't required to submit Form
990-N.
Form 990-EZ. If an organization has gross receipts less than
$200,000 and total assets at the end of the tax year less than
$500,000, it can choose to file Form 990-EZ, Short Form Return
of Organization Exempt From Income Tax, instead of Form 990.
See the Instructions for Form 990-EZ for more information. See
the special rules below regarding section 501(c)(21) black
lung trusts, controlling organizations under section 512(b)
(13), and sponsoring organizations of donor advised funds.
If an organization eligible to submit the Form 990-N or file the
Form 990-EZ chooses to file the Form 990, it must file a
complete return.
Section 4947(a)(1) nonexempt charitable trusts. A
nonexempt charitable trust described under section 4947(a)
(1) (if it isn't treated as a private foundation) is required to file
Form 990 or 990-EZ, unless excepted under Section B, later.
Such a trust is treated like an exempt section 501(c)(3)
organization for purposes of completing the form. Section
4947(a)(1) trusts must complete all sections of the Form 990 and
schedules that section 501(c)(3) organizations must complete.
All references to a section 501(c)(3) organization in the Form
990, schedules, and instructions include a section 4947(a)(1)
trust (for instance, such a trust must complete Schedule A (Form
990), Public Charity Status and Public Support, unless otherwise
specified). If such a trust doesn't have any taxable income under
subtitle A of the Code, it can file Form 990 or 990-EZ to meet its
section 6012 filing requirement and doesn't have to file Form
1041, U.S. Income Tax Return for Estates and Trusts.
Foreign and U.S. possession organizations. Foreign
organizations and U.S. possession organizations as well as
domestic organizations must file Form 990 or 990-EZ unless
specifically excepted under Section B, later. Report amounts in
U.S. dollars and state what conversion rate the organization
uses. Combine amounts from inside and outside the United
States and report the total for each item. All information must be
written in English.
Section 501(c)(21) black lung trusts. The trustee of a trust
exempt from tax under section 501(a) and described in section
501(c)(21) must file Form 990 and not Form 990-EZ, unless the
trust normally has gross receipts in each tax year of not more
than $50,000 and can file Form 990-N.
Returns when exempt status not yet established. An
organization is required to file Form 990 under these instructions
if the organization claims exempt status under section 501(a) but
hasn't established such exempt status by filing Form 1023,
Application for Recognition of Exemption Under Section 501(c)
(3) of the Internal Revenue Code; Form 1023-EZ, Streamlined
Application for Recognition of Exemption Under Section 501(c)
(3) of the Internal Revenue Code; Form 1024, Application for
Recognition of Exemption Under Section 501(a); or Form
1024-A, Application for Recognition of Exemption Under Section
501(c)(4) of the Internal Revenue Code, and receiving an IRS
determination letter recognizing tax-exempt status. In such a
case, the organization must check the “Application pending”
checkbox on Form 990, Item B, page 1 (whether or not a Form
1023, 1023-EZ, 1024, or 1024-A has been filed) to indicate that
Form 990 is being filed in the belief that the organization is
exempt under section 501(a), but that the IRS hasn't yet
recognized such exemption.
To be recognized as exempt retroactive to the date of its
organization or formation, an organization claiming tax-exempt
status under section 501(c) (other than 501(c)(29)) must
generally file an application for recognition of exemption (Form
1023, 1023-EZ, 1024, or 1024-A) within 27 months of the end of
the month in which it was legally organized or formed.
Sponsoring organizations of donor advised funds. If
required to file an annual information return for the year,
sponsoring organizations of donor advised funds must file
Form 990 and not Form 990-EZ.
Controlling organizations described in section 512(b)(13).
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.
Section 509(a)(3) supporting organizations. A section
509(a)(3) supporting organization must file Form 990 or
990-EZ, even if its gross receipts are normally $50,000 or less,
and even if it is described in Rev. Proc. 96-10, 1996-1 C.B. 577,
or is an affiliate of a governmental unit described in Rev. Proc.
95-48,1995-2 C.B. 418, unless it qualifies as:
1. An integrated auxiliary of a church described in
Regulations section 1.6033-2(h);
2. The exclusively religious activities of a religious order;
or
3. An organization, the gross receipts of which are normally
not more than $5,000, that supports a section 501(c)(3) religious
organization.
2021 Instructions for Form 990
An organization that has filed a letter application for
recognition of exemption as a qualified nonprofit health
CAUTION insurance issuer under section 501(c)(29), or plans to do
so, but hasn't yet received an IRS determination letter
recognizing exempt status, must check the “Application
pending” checkbox on the Form 990, Item B, page 1.
!
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B. Organizations Not Required To File
Form 990 or 990-EZ
If a foreign organization or U.S. possession organization is
required to file Form 990 or Form 990-EZ, then its worldwide
gross receipts, as well as assets, are taken into account in
determining whether it qualifies to file Form 990-EZ.
Certain organizations that file different kinds of annual
information returns.
12. A private foundation (including a private operating
foundation) exempt under section 501(c)(3) and described in
section 509(a). Use Form 990-PF, Return of Private Foundation.
Also use Form 990-PF for a taxable private foundation, a section
4947(a)(1) nonexempt charitable trust treated as a private
foundation, and a private foundation terminating its status by
becoming a public charity under section 507(b)(1)(B) (for tax
years within its 60-month termination period). If the organization
successfully terminates, then it files Form 990 or 990-EZ in its
final year of termination.
13. A religious or apostolic organization described in section
501(d). Use Form 1065, U.S. Return of Partnership Income.
14. A stock bonus, pension, or profit-sharing trust that
qualifies under section 401. Use Form 5500, Annual Return/
Report of Employee Benefit Plan.
An organization doesn't have to file Form 990 or 990-EZ even if it
has at least $200,000 of gross receipts for the tax year or
$500,000 of total assets at the end of the tax year if it is
described below (except for section 509(a)(3) supporting
organizations, which are described earlier). See Section A. Who
Must File to determine if the organization can file Form 990-EZ
instead of Form 990. An organization described in paragraph 10,
11, or 13 of this Section B is required to submit Form 990-N
unless it voluntarily files Form 990, 990-EZ, or 990-BL, as
applicable.
DRAFT AS OF
November 9, 2021
Certain religious organizations.
1. A church, an interchurch organization of local units of a
church, a convention or association of churches, or an
integrated auxiliary of a church as described in Regulations
section 1.6033-2(h) (such as a men's or women's organization,
religious school, mission society, or youth group).
2. A church-affiliated organization that is exclusively
engaged in managing funds or maintaining retirement programs
and is described in Rev. Proc. 96-10. But see the filing
requirements for section 509(a)(3) supporting organizations in
Section A.
3. A school below college level affiliated with a church or
operated by a religious order described in Regulations section
1.6033-2(g)(1)(vii).
4. A mission society sponsored by, or affiliated with, one or
more churches or church denominations, if more than half of the
society's activities are conducted in, or directed at, persons in
foreign countries.
5. An exclusively religious activity of any religious order
described in Rev. Proc. 91-20, 1991-1 C.B. 524.
Certain governmental organizations.
6. A state institution whose income is excluded from gross
income under section 115.
7. A governmental unit or affiliate of a governmental unit
described in Rev. Proc. 95-48. But see the filing requirements for
section 509(a)(3) supporting organizations in Section A.
8. An organization described in section 501(c)(1). A section
501(c)(1) organization is a corporation organized under an Act of
Congress that is an instrumentality of the United States, and
exempt from federal income taxes.
Certain political organizations.
9. A political organization that is:
• A state or local committee of a political party,
• A political committee of a state or local candidate,
• A caucus or association of state or local officials, or
• Required to report under the Federal Election Campaign Act
of 1971 as a political committee (as defined in section 301(4) of
such Act).
Certain organizations with limited gross receipts.
10. An organization whose gross receipts are normally
$50,000 or less. Such organizations are generally required to
submit Form 990-N if they choose not to file Form 990 or Form
990-EZ. To determine what an organization's gross receipts
“normally” are, see Appendix B.
11. Foreign organizations and organizations located in U.S.
possessions, whose gross receipts from sources within the
United States are normally $50,000 or less and which didn't
engage in significant activity in the United States (other than
investment activity). Such organizations, if they claim U.S. tax
exemption or are recognized by the IRS as tax exempt, are
generally required to submit Form 990-N if they choose not to file
Form 990 or 990-EZ.
Subordinate organizations in a group exemption
TIP which are included in a group return filed by the
central organization for the tax year shouldn't file a
separate Form 990, Form 990-EZ, or Form 990-N for the tax
year.
C. Sequencing List To Complete the
Form and Schedules
You may find the following list helpful. It limits jumping from one
part of the form to another to make a calculation or determination
needed to complete an earlier part. Certain later parts of the
form must first be completed in order to complete earlier parts. In
general, first complete the core form, and then complete
alphabetically Schedules A–N and Schedule R, except as
provided below. Schedule O (Form 990), Supplemental
Information to Form 990 or 990-EZ, should be completed as the
core form and schedules are completed. Note that all
organizations filing Form 990 must file Schedule O.
A public charity described in section 170(b)(1)(A)(iv),
TIP 170(b)(1)(A)(vi), or 509(a)(2) that isn't within its initial 5
years of existence should first complete Part II or III of
Schedule A (Form 990) to ensure that it continues to qualify as a
public charity for the tax year. If it fails to qualify as a public
charity, then it must file Form 990-PF rather than Form 990 or
Form 990-EZ, and check the box for “Initial return of a former
public charity” on page 1 of Form 990-PF.
1. Complete Items A through F and H(a) through M in the
heading of Form 990, on page 1.
2. See the instructions for definitions of related
organization and control and determine the organization's
related organizations required to be listed on Schedule R (Form
990) Related Organizations and Unrelated Partnerships.
3. Determine the organization's officers, directors, trustees,
key employees, and five highest compensated employees
required to be listed on Form 990, Part VII, Section A.
4. Complete Parts VIII, IX, and X of Form 990.
5. Complete Item G in the heading section of Form 990, on
page 1.
6. Complete Parts III, V, VII, XI, and XII of Form 990.
7. See the Instructions for Schedule L (Form 990),
Transactions With Interested Persons, and complete Schedule L
(Form 990) (if required).
-4-
2021 Instructions for Form 990
If an organization that submits Form 990-N changes its
accounting period, it must report this change on Form 990, Form
990-EZ, or Form 1128, or by sending a letter to Internal Revenue
Service, 1973 Rulon White Blvd., Ogden, UT 84201.
8. Complete Part VI of Form 990. Transactions reported on
Schedule L (Form 990) are relevant to determining
independence of members of the governing body under Form
990, Part VI, line 1b.
9. Complete Part I of Form 990 based on information
derived from other parts of the form.
10. Complete Part IV of Form 990 to determine which
schedules must be completed by the organization.
11. Complete Schedule O (Form 990) and any other
applicable schedules (for “Yes” boxes that were checked in Part
IV). Use Schedule O (Form 990) to provide required
supplemental information and other narrative explanations for
questions on the core Form 990. For questions on Form 990
schedules, use the narrative part of each schedule to provide
supplemental narrative.
12. Complete Part II, Signature Block, of Form 990.
Accounting Methods
An “accounting method,” for federal income tax purposes, is a
practice a taxpayer follows to determine the year in which to
report revenue and expenses for federal income tax purposes.
An accounting method includes not only the overall plan of
accounting for gross income or deductions (for example, an
accrual method or the cash receipts and disbursement method),
but also the treatment of an item used in such overall plan.
However, a practice that does not affect the timing for reporting
an item of income or deduction for purposes of determining
taxable income is not an accounting method. A taxpayer,
including a tax-exempt entity, generally adopts any permissible
accounting method in the first year in which it uses the method in
determining its taxable income. See Rev. Proc. 2015-13, 2015-5
I.R.B. 419.
DRAFT AS OF
November 9, 2021
D. Accounting Periods and Methods
These are the accounting periods covered under the law.
An exempt organization may adopt an accounting
method not only for purposes of calculating taxable
CAUTION income, but also for purposes of determining whether
taxable income will be subject to federal income tax. For
example, a tax-exempt entity may adopt an accounting method
for an item of income from an unrelated trade or business activity
even if the gross income from such activity is less than $1,000
and is therefore not taxed for federal income tax purposes
pursuant to Regulations section 1.6012-2(e).
Accounting Periods
!
Calendar year. Use the 2021 Form 990 to report on the 2021
calendar year accounting period. A calendar year accounting
period begins on January 1 and ends on December 31.
Fiscal year. If the organization has established a fiscal year
accounting period, use the 2021 Form 990 to report on the
organization's fiscal year that began in 2021 and ended 12
months later. A fiscal year accounting period should normally
coincide with the natural operating cycle of the organization. Be
certain to indicate in Item A of Form 990, page 1, the date the
organization's fiscal year began in 2021 and the date the fiscal
year ended in 2022.
An accounting method for an item of income or deduction
may generally be adopted separately for each of the taxpayer’s
trades or businesses. However, in order to be permissible, an
accounting method must clearly reflect the taxpayer’s income.
Unless instructed otherwise, the organization should generally
use the same accounting method on the return (including the
Form 990 and all schedules) to report revenue and expenses
that it regularly uses to keep its books and records.
Short period. A short accounting period is a period of less than
12 months, which exists when an organization first commences
operations, changes its accounting period, or terminates. If the
organization's short year began in 2021, and ended before
December 31, 2021 (not on or after December 31, 2021), it may
use either 2020 Form 990 or 2021 Form 990 to file for the short
year. The 2021 form may also be used for a short period
beginning in 2022 and ending before December 31, 2022 (not
on or after December 31, 2022). When doing so, provide the
information for designated years listed on the return, other than
the tax year being reported, as if the years shown in the form text
and headings were updated. For example, if filing for a short
period beginning in 2022 on the 2021 Form 990, provide the
information on Schedule A, Part II, for the tax years 2018–2022,
rather than for tax years 2017–2021. A short period return filed
on the 2020 Form 990 can't be filed electronically unless it is an
initial return for which the “Initial return” box is checked in Item B
of the Heading or a final return for which the “Final return/
terminated” box is checked in Item B of the Heading. See the
Instructions for the 2020 Form 990 for more information.
Accounting method change. Once a taxpayer, including a
tax-exempt entity, adopts an accounting method for federal
income tax purposes, the taxpayer must generally request the
IRS’s consent before it can change its accounting method (even
if the year in which the taxpayer seeks to make the change is a
year in which it generates only tax-exempt income or is
otherwise not taxed on its taxable income). In most cases, a
taxpayer requests consent to change an accounting method by
filing a Form 3115, Application for Change in Accounting
Method. See Rev. Proc. 2015-13, or any successor, for general
procedures for obtaining consent to change an accounting
method.
Depending on the specific accounting method change
being requested, the taxpayer may be able to request
CAUTION “automatic” consent. This means that as long as the
taxpayer follows the applicable procedures, the taxpayer does
not have to wait for formal approval by the IRS before applying
the new accounting method. See Rev. Proc. 2019-43, 2019-48
I.R.B. 1107, or its successor, for a list of accounting method
changes that generally qualify for automatic consent.
!
Accounting period change. If the organization changes its
accounting period, it must file a Form 990 for the short period
resulting from the change. Enter “Change of Accounting Period”
at the top of this short-period return if it is being filed on the 2020
Form 990.
If the organization has previously changed its annual
accounting period at any time within the 10-calendar-year period
that includes the beginning of the short period resulting from
the current change in accounting period, and it had a Form
990-series filing requirement or income tax return filing
requirement at any time during that 10-year period, it must also
file a Form 1128, Application To Adopt, Change, or Retain a Tax
Year, with the short-period return. See Rev. Proc. 85-58, 1985-2
C.B. 740.
2021 Instructions for Form 990
For example, a tax-exempt entity that has adopted an
accounting method for an item of income from an unrelated
trade or business must generally request consent before it can
change its method of accounting for that item in any subsequent
year. This is true regardless of whether gross income from the
unrelated trade or business is greater than or equal to $1,000 in
such subsequent year.
Alternatively, if a taxpayer, including a tax-exempt entity, has
not yet adopted an accounting method for an item of income or
-5-
calendar-year filer). If the due date falls on a Saturday, Sunday,
or legal holiday, file on the next business day. A business day is
any day that isn't a Saturday, Sunday, or legal holiday.
deduction, a change in how the entity reports the item is not a
change in accounting method. In this case, the procedures
applicable to requests for accounting method changes (for
example, the requirement to file a Form 3115) are not applicable.
See Rev. Proc. 2015-13 for the definition of what constitutes an
accounting method change.
Thus, a tax-exempt entity that has never taken into account
an item of income or deduction in determining taxable income
does not have to request consent to change its method of
reporting that item on Form 990. Additionally, a tax-exempt entity
that has never been subject to federal income tax on an item of
income or deduction but that is required to file a Form 990-T
solely due to owing a section 6033(e)(2) proxy tax does not have
to request consent to change its method for reporting the item.
If the organization is liquidated, dissolved, or terminated, file
the return by the 15th day of the 5th month after liquidation,
dissolution, or termination.
If the return isn't filed by the due date (including any extension
granted), provide a reasonable cause explanation, giving the
reasons for not filing on time.
DRAFT AS OF
November 9, 2021
Required electronic filing. If you are filing a 2021 Form 990,
you are required to file electronically.
For additional information on the electronic filing requirement,
visit IRS.gov/Filing.
Adjustments required when changing an accounting method. A taxpayer, including a tax-exempt entity, that changes its
accounting method must generally calculate and report an
adjustment to ensure that no portion of the item being changed
is permanently omitted or duplicated (see section 481(a)).
However, depending on the specific method change, the IRS
may provide that an adjustment is not required or permitted. An
organization must report any adjustment required by section
481(a) in Parts VIII through XI and on Schedule D (Form 990),
Parts XI and XII, as applicable, and provide an explanation for
the change on Schedule O (Form 990).
F. Extension of Time To File
Use Form 8868, Application for Automatic Extension of Time To
File an Exempt Organization Return, to request an automatic
extension of time to file.
G. Amended Return/Final Return
To amend the organization's return for any year, file a new return
including any required schedules. Use the version of Form 990
applicable to the year being amended. The amended return
must provide all the information called for by the form and
instructions, not just the new or corrected information. Check the
“Amended return” box in Item B in the heading area of the form.
Also, enter in Schedule O (Form 990) which parts and schedules
of the Form 990 were amended and describe the amendments.
Generally, a taxpayer, including a tax-exempt entity, will
recognize a positive section 481(a) adjustment (such as
CAUTION an increase to income) ratably over 4 tax years and will
recognize a negative section 481(a) adjustment in full in the year
of change. See Rev. Proc. 2015-13, or its successor.
!
The organization can file an amended return at any time to
change or add to the information reported on a previously filed
return for the same period. It must make the amended return
available for inspection for 3 years from the date of filing or 3
years from the date the original return was due, whichever is
later.
However, as discussed above, if a tax-exempt entity has not
yet adopted an accounting method for an item, a change in how
the entity reports the item for purposes of the Form 990 is not a
change in accounting method. In this case, an adjustment under
section 481(a) is not required or permitted.
State reporting. Many states that accept Form 990 in place of
their own forms require that all amounts be reported based on
the accrual method of accounting. If the organization prepares
Form 990 for state reporting purposes, it can file an identical
return with the IRS even though the return doesn't agree with the
books of account, unless the way one or more items are
reported on the state return conflicts with the instructions for
preparing Form 990 for filing with the IRS.
If the organization needs a complete copy of its previously
filed return, it can file Form 4506, Request for Copy of Tax
Return.
If the return is a final return, the organization must check the
“Final return/terminated” box in Item B in the heading area of the
form, and complete Schedule N (Form 990), Liquidation,
Termination, Dissolution, or Significant Disposition of Assets.
Example 1. The organization maintains its books on the
cash receipts and disbursements method of accounting but
prepares a Form 990 return for the state based on the accrual
method. It could use that return for reporting to the IRS.
Amended returns and state filing considerations. State law
may require that the organization send a copy of an amended
Form 990 return (or information provided to the IRS
supplementing the return) to the state with which it filed a copy of
Form 990 to meet that state's reporting requirement. A state may
require an organization to file an amended Form 990 to satisfy
state reporting requirements, even if the original return was
accepted by the IRS.
Example 2. A state reporting requirement requires the
organization to report certain revenue, expense, or balance
sheet items differently from the way it normally accounts for
them on its books. A Form 990 prepared for that state is
acceptable for IRS reporting purposes if the state reporting
requirement doesn't conflict with the Instructions for Form 990.
H. Failure-To-File Penalties
Against the organization. Under section 6652(c)(1)(A), a
penalty of $20 a day, not to exceed the lesser of $10,500 or 5%
of the gross receipts of the organization for the year, can be
charged when a return is filed late, unless the organization
shows that the late filing was due to reasonable cause.
Organizations with annual gross receipts exceeding
$1,094,500 are subject to a penalty of $105 for each day failure
continues (with a maximum penalty for any one return of
$54,500). The penalty applies on each day after the due date
that the return isn't filed.
Tax-exempt organizations that are required to file
electronically but don't are deemed to have failed to file the
return. This is true even if a paper return is submitted.
An organization should keep a reconciliation of any
differences between its books of account and the Form 990 that
is filed. Organizations with audited financial statements are
required to provide such reconciliations on Schedule D (Form
990), Parts XI through XII.
See Pub. 538, Accounting Periods and Methods, and
TIP the instructions for Forms 1128 and 3115, about
reporting changes to accounting periods and methods.
E. When, Where, and How To File
File Form 990 by the 15th day of the 5th month after the
organization's accounting period ends (May 15th for a
-6-
2021 Instructions for Form 990
The central organization should send the annual information
update required to maintain a group exemption ruling (a
separate requirement from the annual return) to:
The penalty can also be charged if the organization files an
incomplete return, such as by failing to complete a required line
item or a required part of a schedule. To avoid penalties and
having to supply missing information later:
• Complete all applicable line items;
• Unless instructed to skip a line, answer each question on the
return;
• Make an entry (including a zero when appropriate) on all lines
requiring an amount or other information to be reported; and
• Provide required explanations as instructed.
Also, this penalty can be imposed if the organization's return
contains incorrect information. For example, an organization that
reports contributions net of related fundraising expenses can be
subject to this penalty.
Use of a paid preparer doesn't relieve the organization of its
responsibility to file a complete and accurate return.
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0027
For special instructions regarding answering certain Form
990 questions about parts or schedules in the context of a group
return, see Appendix E.
DRAFT AS OF
November 9, 2021
J. Requirements for a Properly
Completed Form 990
All organizations filing Form 990 must complete Parts I through
XII, Schedule O (Form 990), and any schedules for which a
“Yes” response is indicated in Part IV. If an organization isn't
required to file Form 990 but chooses to do so, it must file a
complete return and provide all of the information requested,
including the required schedules.
Against responsible person(s). If the organization doesn't file
a complete return or doesn't furnish correct information, the IRS
will send the organization a letter that includes a fixed time to
fulfill these requirements. After that period expires, the person
failing to comply will be charged a penalty of $10 a day. The
maximum penalty on all persons for failures for any one return
shall not exceed $5,000.
There are also penalties (fines and imprisonment) for willfully
not filing returns and for filing fraudulent returns and statements
with the IRS (see sections 7203, 7206, and 7207). States can
impose additional penalties for failure to meet their separate
filing requirements.
Public inspection. In general, all information the organization
reports on or with its Form 990, including schedules and
attachments, will be available for public inspection. Note,
however, the special rules for Schedule B (Form 990), a required
schedule for certain organizations that file Form 990. Make sure
PDF attachments (if any) are clear and legible. For more
information on public inspection requirements, see Appendix D,
and Pub. 557, Tax-Exempt Status for Your Organization.
Signature. A Form 990 isn't complete without a proper
signature. For details, see the instructions for Part II, Signature
Block, later.
Automatic revocation for nonfiling for 3 consecutive years.
The law requires most tax-exempt organizations to file an annual
Form 990, 990-EZ, or 990-PF with the IRS, or to submit a Form
990-N e-Postcard to the IRS. For information on exceptions to
this requirement, visit Annual Exempt Organization Return: Who
Must File. If an organization fails to file an annual return or
submit a notice as required for 3 consecutive years, its
tax-exempt status is automatically revoked on and after the due
date for filing its third annual return or notice. Organizations that
lose their tax-exempt status may need to file income tax returns
and pay income tax, but may apply for reinstatement of
exemption. For details, go to IRS.gov/EO.
Recordkeeping. The organization's records should be kept for
as long as they may be needed for the administration of any
provision of the Internal Revenue Code. Usually, records that
support an item of income, deduction, or credit must be kept for
a minimum of 3 years from the date the return is due or filed,
whichever is later. Keep records that verify the organization's
basis in property for as long as they are needed to figure the
basis of the original or replacement property. Applicable law and
an organization's policies can require that the organization retain
records longer than 3 years. Form 990, Part VI, line 14, asks
whether the organization has a document retention and
destruction policy.
The organization should also keep copies of any returns it
has filed. They help in preparing future returns and in making
computations when filing an amended return.
I. Group Return
A central, parent, or similar organization can file a group return
on Form 990 for two or more subordinate or local organizations
that are:
• Affiliated with the central organization at the time its tax year
ends,
• Subject to the central organization's general supervision or
control,
• Exempt from tax under a group exemption letter that is still
in effect, and
• Using the same tax year as the central organization.
Rounding off to whole dollars. The organization must round
off cents to whole dollars on the returns and schedules, unless
otherwise noted for particular questions. To round, drop
amounts under 50 cents and increase amounts from 50 to 99
cents to the next dollar. For example, $1.49 becomes $1 and
$2.50 becomes $3. If the organization has to add two or more
amounts to figure the amount to enter on a line, include cents
when adding the amounts and round off only the total.
The central organization can't use a Form 990-EZ for the
group return.
A subordinate organization may choose to file a separate
annual information return instead of being included in the group
return.
Completing all lines. Make an entry (including -0- when
appropriate) on all lines requiring an amount or other information
to be reported. Don't leave any applicable lines blank, unless
expressly instructed to skip that line. If answering a line is
predicated on a “Yes” answer to the preceding line, and if the
organization's answer to the preceding line was “No,” then leave
the “If Yes” line blank.
All filers must file Schedule O (Form 990). Certain questions
require all filers to provide an explanation in Schedule O (Form
990). In general, answers can be explained or supplemented in
Schedule O (Form 990) if the allotted space in the form or other
If the central organization is required to file a return for
itself, it must file a separate return and can't be included in the
group return. See Regulations section 1.6033-2(d)(1). See
Section B, earlier, for a list of organizations not required to file.
Every year, each subordinate organization must authorize the
central organization in writing to include it in the group return and
must declare, under penalties of perjury, that the authorization
and the information it submits to be included in the group return
are true and complete.
2021 Instructions for Form 990
-7-
To facilitate the processing of your return, don't
password protect or encrypt PDF attachments.
CAUTION Password protecting or encrypting a PDF file that is
attached to an e-filed return prevents the IRS from opening the
attachment.
schedule is insufficient, or if a “Yes” or “No” answer is required
but the organization wishes to explain its answer.
Missing or incomplete parts of the form and/or required
schedules may result in the IRS contacting you to obtain the
missing information. Failure to supply the information may result
in a penalty being assessed to your account. For tips on filing
complete returns, go to IRS.gov/Charities.
!
Specific Instructions
Reporting proper amounts. Some lines request information
reported on other forms filed by the organization (such as Forms
W-2, 1099, and 990-T). If the organization is aware that the
amount actually reported on the other form is incorrect, it must
report on Form 990 the information that should have been
reported on the other form (in addition to filing an amended form
with the proper amount).
In general, don't report negative numbers, but use -0- instead
of a negative number, unless the instructions otherwise provide.
Report revenue and expenses separately and don't net related
items, unless otherwise provided.
DRAFT AS OF
November 9, 2021
Heading. Items A–M
Complete items A through M.
Item A. Accounting period. File the 2021 return for calendar
year 2021 and fiscal years that began in 2021 and ended in
2022. For a fiscal year return, fill in the tax year space at the top
of page 1. See General Instructions, Section D. Accounting
Periods and Methods, earlier, for additional information about
accounting periods.
Inclusion of activities and items of disregarded entities
and joint ventures. An organization must report on its Form
990 all of the revenues, expenses, assets, liabilities, and net
assets or funds of a disregarded entity of which it is the sole
member, and must report on its Form 990 its share of all such
items of a joint venture or other investment or arrangement
treated as a partnership for federal income tax purposes. This
includes passive investments. In addition, the organization must
generally report activities of a disregarded entity or a joint
venture on the appropriate parts or schedules of Form 990. For
special instructions about the treatment of disregarded entities
and joint ventures for various parts of the form, see Appendix F.
Item B. Checkboxes. The following checkboxes are under
Item B.
Address change. Check this box if the organization changed
its address and hasn't reported the change on its most recently
filed Form 990, 990-EZ, 990-N, or 8822-B, Change of Address
or Responsible Party—Business, or in correspondence to the
IRS.
If a change in address occurs after the return is filed, use
TIP Form 8822-B to notify the IRS of the new address.
Name change. Check this box if the organization changed its
legal name (not its “doing business as” name) and if the
organization hasn't reported the change on its most recently filed
Form 990 or 990-EZ or in correspondence to the IRS. If the
organization changed its name, attach the following documents:
Reporting information from third parties. Some lines
request information that the organization may need to obtain
from third parties, such as compensation paid by related
organizations; family and business relationships between
officers, directors, trustees, key employees, and certain
businesses they own or control; the organization's share of the
income and assets of a partnership or joint venture in which it
has an ownership interest; and certain transactions between the
organization and interested persons. The organization should
make reasonable efforts to obtain this information. If it is unable
to obtain certain information by the due date for filing the return,
it should file Form(s) 8868 to request a filing extension. See
Section F. Extension of Time To File, earlier. If the organization
is unable to obtain this information by the extended due date
after making reasonable efforts, and isn't certain of the answer to
a particular question, it may make a reasonable estimate, where
applicable, and explain in Schedule O.
Assembling Form 990, Schedules, and
Attachments
Before filing Form 990, assemble the package of forms,
schedules, and attachments in the following order.
1. Core form with Parts I through XII completed, filed in
numerical order.
2. Schedules, completed as applicable, filed in alphabetical
order (see Form 990, Part IV, for required schedules).
3. Attachments, completed as applicable. These include (a)
name change amendment to organizing document required by
Item B on page 1; (b) list of subordinate organizations
included in a group return required by Item H on page 1; (c)
articles of merger or dissolution, resolutions, and plans of
liquidation or merger required by Schedule N (Form 990); and
(d) for hospital organizations only, a copy of the most recent
audited financial statements.
IF the organization is . . .
THEN attach . . .
a corporation
a copy of the amendment to the
articles of incorporation and proof of
filing with the appropriate state
authority.
a trust
a copy of the amendment to the trust
instrument, or a resolution to amend
the trust instrument, showing the
effective date of the change of name
and signed by at least one trustee.
an unincorporated association
a copy of the amendment to the
articles of association, constitution, or
other organizing document, showing
the effective date of the change of
name and signed by at least two
officers, trustees, or members.
Initial return. Check this box if this is the first time the
organization is filing a Form 990 and it hasn't previously filed a
Form 990-EZ, 990-PF, 990-T, or 990-N.
Final return/terminated. Check this box if the organization
has terminated its existence or ceased to be a section 501(a) or
section 527 organization and is filing its final return as an exempt
organization or section 4947(a)(1) trust. For example, an
organization should check this box when it has ceased
operations and dissolved, merged into another organization, or
has had its exemption revoked by the IRS. An organization that
checks this box because it has liquidated, terminated, or
dissolved during the tax year must also attach Schedule N (Form
990).
Don't attach materials not authorized in the instructions or not
otherwise authorized by the IRS.
-8-
2021 Instructions for Form 990
State the numbers the organization has, the name and
address to which each EIN was assigned, and the address of
the organization's principal office. The IRS will advise the
organization which number to use.
An organization must support any claim to have
liquidated, terminated, dissolved, or merged by
CAUTION attaching a certified copy of its articles of dissolution or
merger approved by the appropriate state authority. If a certified
copy of its articles of dissolution or merger isn't available, the
organization must submit a copy of a resolution or resolutions of
its governing body approving plans of liquidation, termination,
dissolution, or merger.
!
A subordinate organization that files a separate Form
TIP 990 instead of being included in a group return must use
its own EIN, and not that of the central organization.
DRAFT AS OF
November 9, 2021
A section 501(c)(9) voluntary employees' beneficiary
Amended return. Check this box if the organization
previously filed a return with the IRS for a tax year and is now
filing another return for the same tax year to amend the
previously filed return. Enter on Schedule O (Form 990) the parts
and schedules of the Form 990 that were amended and describe
the amendments. See General Instructions, Section G.
Amended Return/Final Return, earlier, for more information.
Application pending. Check this box if the organization
either has filed a Form 1023, 1023-EZ, 1024, or 1024-A with the
IRS and is awaiting a response, or claims tax-exempt status
under section 501(a) but hasn't filed Form 1023, 1023-EZ, 1024,
or 1024-A to be recognized by the IRS as tax exempt. If this box
is checked, the organization must complete all parts of Form 990
and any required schedules. An organization that is required to
file an annual information return (Form 990 or Form 990-EZ) or
submit an annual electronic notice (Form 990-N) for a tax year
(see General Instructions, Section A, earlier) must do so even if
it hasn't yet filed a Form 1023, 1023-EZ, 1024, or 1024-A with
the IRS, if it claims tax-exempt status.
To qualify for tax exemption retroactive to the date of its
organization or formation, an organization claiming tax-exempt
status under section 501(c) (other than 501(c)(29)) must
generally file an application for recognition of exemption (Form
1023, 1023-EZ, 1024, or 1024-A) within 27 months of the end of
the month in which it was legally organized or formed.
TIP association must use its own EIN and not the EIN of its
sponsor.
Item E. Telephone number. Enter a telephone number of the
organization that members of the public and government
personnel can use during normal business hours to obtain
information about the organization's finances and activities. If the
organization doesn’t have a telephone number, enter the
telephone number of an organization official who can provide
such information.
Item F. Name and address of principal officer. The address
provided must be a complete mailing address to enable the IRS
to communicate with the organization's current (as of the date
this return is filed) principal officer, if necessary. If the officer
prefers to be contacted at the organization's address listed in
Item C, enter “same as C above.” For purposes of this item,
“principal officer” means an officer of the organization who,
regardless of title, has ultimate responsibility for implementing
the decisions of the organization's governing body, or for
supervising the management, administration, or operation of the
organization.
If a change in responsible party occurs after the return is
TIP filed, use Form 8822-B to notify the IRS of the new
responsible party.
Item C. Name and address. Enter the organization's legal
name on the “Name of organization” line. If the organization
operates under a name different from its legal name, enter the
alternate name on the “Doing Business As” (DBA) line. If multiple
DBA names won't fit on the line, enter one on the line and enter
the others on Schedule O (Form 990).
If the organization receives its mail in care of a third party
(such as an accountant or an attorney), enter on the street
address line “C/O” followed by the third party's name and street
address or P.O. box.
Include the suite, room, or other unit number after the street
address. If the post office doesn’t deliver mail to the street
address and the organization has a P.O. box, enter the box
number instead of the street address.
For foreign addresses, enter the information in the following
order: city or town, state or province, the name of the country,
and the postal code. Don't abbreviate the country name.
If a change of address occurs after the return is filed, use
Form 8822-B to notify the IRS of the new address.
Item G. Gross receipts. On Form 990, Part VIII, column A, add
line 6b (both columns (i) and (ii)), line 7b (both columns (i) and
(ii)), line 8b, line 9b, line 10b, and line 12, and enter the total
here. See the exceptions from filing Form 990 based on gross
receipts and total assets as described in General Instructions,
Sections A and B, earlier.
Item H. Group returns. If the organization answers “No” to line
H(a), it shouldn't check a box in line H(b). If the organization
answers “Yes” on line H(a) but “No” to line H(b), attach a list (not
on Schedule O (Form 990)) showing the name, address, and
EIN of each local or subordinate organization included in the
group return. Additionally, attach a list (not on Schedule O)
showing the name, address, and EIN of each subordinate
organization not included in the group return. If the organization
answers “Yes” on line H(a) and “Yes” to line H(b), attach a list
(not on Schedule O) showing the name, address, and EIN of
each subordinate organization included in the group return. See
Regulations section 1.6033-2(d)(2)(ii). A central or subordinate
organization filing an individual return should not attach such a
list. Enter on line H(c) the four-digit group exemption number
(GEN) if the organization is filing a group return, or if the
organization is a central or subordinate organization in a group
exemption and is filing a separate return. Don't confuse the
four-digit GEN with the nine-digit EIN reported on Item D of the
form's heading. A central organization filing a group return
must not report its own EIN in Item D, but report the special EIN
issued for use with the group return.
If attaching a list:
• Enter the form number (“Form 990”) and tax year,
• Enter the group exemption name and EIN, and
• Enter the four-digit GEN.
Item D. Employer identification number (EIN). Each
organization (including a subordinate of a central organization)
must have its own EIN. Use the EIN provided to the organization
for filing its Form 990 and federal tax returns. An organization
should never use the EIN issued to another organization, even if
the organizations are related. The organization must have only
one EIN. If it has more than one and hasn't been advised which
to use, notify the:
Department of the Treasury
Internal Revenue Service Center
Ogden, UT 84201-0027
Item I. Tax-exempt status. Check the applicable box. If the
organization is exempt under section 501(c) (other than section
2021 Instructions for Form 990
-9-
Part II. Signature Block
501(c)(3)), check the second box and insert the appropriate
subsection number within the parentheses (for example, “4” for a
501(c)(4) organization).
The return must be signed by the current president, vice
president, treasurer, assistant treasurer, chief accounting officer,
or other corporate officer (such as a tax officer) who is
authorized to sign as of the date this return is filed. A receiver,
trustee, or assignee must sign any return he or she files for a
corporation or association. See Regulations section 1.6012-3(b)
(4). For a trust, the authorized trustee(s) must sign. The
definition of “officer” for purposes of Part II is different from the
definition of officer (see Glossary) used to determine which
officers to report elsewhere on the form and schedules, and from
the definition of principal officer for purposes of the Form 990
heading (see Glossary).
Item J. Website. Enter the organization's current address for its
primary website, as of the date of filing this return. If the
organization doesn’t maintain a website, enter “N/A” (not
applicable).
Item K. Form of organization. Check the box describing the
organization's legal entity form or status under state law in its
state of legal domicile. These include corporations, trusts,
unincorporated associations, and other entities (for example,
partnerships and limited liability companies).
DRAFT AS OF
November 9, 2021
Item L. Year of formation. Enter the year in which the
organization was legally created under state or foreign law. If a
corporation, enter the year of incorporation.
Paid Preparer
Generally, anyone who is paid to prepare the return must sign
the return, list the preparer taxpayer identification number
(PTIN), and fill in the other blanks in the Paid Preparer Use Only
area. An employee of the filing organization isn't a paid preparer.
Item M. State of legal domicile. For a corporation, enter the
state of incorporation (country of incorporation for a foreign
corporation formed outside the United States). For a trust or
other entity, enter the state whose law governs the
organization's internal affairs (or the foreign country whose law
governs for a foreign organization other than a corporation).
The paid preparer must:
• Sign the return in the space provided for the preparer's
signature;
• Enter the preparer information, including the preparer's PTIN;
and
• Give a copy of the return to the organization.
Part I. Summary
Because Part I generally reports information reported
TIP elsewhere on the form, complete Part I after the other
parts of the form are completed. See General
Instructions, Section C, earlier.
Any paid preparer can apply for and obtain a PTIN online at
IRS.gov/PTIN or by filing Form W-12, IRS Paid Preparer Tax
Identification Number (PTIN) Application and Renewal.
Complete lines 3–5 and 7–22 by using applicable references
made in Part I to other items.
Enter the paid preparer's PTIN, not his or her social
security number (SSN), in the “PTIN” box in the paid
CAUTION preparer's block. The IRS won't redact the paid
preparer's SSN if such SSN is entered on the paid preparer's
block. Because Form 990 is a publicly disclosable document,
any information entered in this block will be publicly disclosed
(see Appendix D). For more information about applying for a
PTIN online, go to the IRS website at IRS.gov/Taxpros.
!
Line 1. Describe the organization's mission or its most
significant activities for the year, whichever the organization
wishes to highlight, on the summary page.
Line 2. Check this box if the organization answered “Yes” on
Part IV, line 31 or 32, and complete Schedule N (Form 990), Part
I or Part II.
Line 6. Enter the number of volunteers, full-time and part-time,
including volunteer members of the organization's governing
body, who provided volunteer services to the organization during
the reporting year. Organizations that don't keep track of this
information in their books and records or report this information
elsewhere (such as in annual reports or grant proposals) can
provide a reasonable estimate, and can use any reasonable
basis for determining this estimate. Organizations can, but aren't
required to, provide an explanation on Schedule O (Form 990) of
how this number was determined, the number of hours those
volunteers served during the tax year, and the types of services
or benefits provided by the organization's volunteers.
Note. A paid preparer may sign original or amended returns by
rubber stamp, mechanical device, or computer software
program.
Paid Preparer Authorization
On the last line of Part II, check “Yes” if the IRS can contact the
paid preparer who signed the return to discuss the return. This
authorization applies only to the individual whose signature
appears in the Paid Preparer Use Only section of Form 990. It
doesn’t apply to the firm, if any, shown in that section.
By checking “Yes” to this box, the organization is authorizing
the IRS to contact the paid preparer to answer any questions
that arise during the processing of the return. The organization is
also authorizing the paid preparer to:
• Give the IRS any information missing from the return;
• Call the IRS for information about processing the return; and
• Respond to certain IRS notices about math errors, offsets,
and return preparation.
Line 7b. If the organization isn't required to file a Form 990-T for
the tax year, enter “0.” If the organization hasn't yet filed Form
990-T for the tax year, provide an estimate of the amount it
expects to report on Form 990-T, Part I, line 11, when it is filed.
Lines 8–19. If this is an initial return, or if the organization filed
Form 990-EZ or 990-PF in the prior year, leave the “Prior Year”
column blank. Use the same lines from the 2020 Form 990 to
determine what to report for prior year revenue and expense
amounts.
The organization isn't authorizing the paid preparer to bind
the organization to anything or otherwise represent the
organization before the IRS.
Line 16a. Enter the total of (i) the fees for professional
fundraising services reported in Part IX, column (A), line 11e;
and (ii) the portion of the amount reported in Part IX, column (A),
lines 5 and 6, that comprises fees for professional fundraising
services paid to officers, directors, trustees, key employees, and
disqualified persons, whether or not such persons are
employees of the organization. Exclude the latter amount from
Part I, line 15.
The authorization will automatically end no later than the due
date (excluding extensions) for filing of the organization's 2022
Form 990. If the organization wants to expand the paid
preparer's authorization or revoke it before it ends, see Pub. 947,
Practice Before the IRS and Power of Attorney.
-10-
2021 Instructions for Form 990
Expenses and grants. For each program service reported
on lines 4a–4c, section 501(c)(3) and 501(c)(4) organizations
must enter total expenses included on Part IX, line 25, column
(B), and total grants and allocations (if any) included within such
total expenses that were reported on Part IX, on lines 1–3,
column (B). For all other organizations, entering these amounts
is optional.
Revenue. For each program service, section 501(c)(3) and
501(c)(4) organizations must report any revenue derived directly
from the activity, such as fees for services or from the sale of
goods that directly relate to the listed activity. This revenue
includes program service revenue reported on Part VIII, line 2,
column (A), and includes other amounts reported on Part VIII,
lines 3–11, as related or exempt function revenue. Also include
unrelated business income from a business that exploits an
exempt function, such as advertising in a journal. For this
purpose, charitable contributions and grants (including the
charitable contribution portion, if any, of membership dues)
reported on Part VIII, line 1, aren't considered revenue derived
from program services. For organizations other than section
501(c)(3) and 501(c)(4) organizations, entering these amounts is
optional.
Description of program services. For each program
service reported, include the following.
• Describe program service accomplishments through specific
measurements such as clients served, days of care provided,
number of sessions or events held, or publications issued.
• Describe the activity's objective, for both this time period and
the longer-term goal, if the output is intangible, such as in a
research activity.
• Give reasonable estimates for any statistical information if
exact figures aren't readily available. Indicate that this
information is estimated.
• Be clear, concise, and complete in the description. Use
Schedule O (Form 990) if additional space is needed.
Donated services or use of equipment, materials, or
facilities. The organization can report the amount of any
donated services, or use of materials, equipment, or facilities it
received or used in connection with a specific program service,
on the lines for the narrative description of the appropriate
program service. However, don't include these amounts in
revenue, expenses, or grants reported on Part III, lines 4a–4e,
even if prepared according to generally accepted accounting
principles.
Public interest law firm. A public interest law firm exempt
under section 501(c)(3) or section 501(c)(4) must include a list of
all the cases in litigation or that have been litigated during the
year. For each case:
• Describe the matter in dispute,
• Explain how the litigation will benefit the public generally, and
• Enter the fees sought and recovered.
See Rev. Proc. 92-59, 1992-2 C.B. 411.
Check “No” if the IRS should contact the organization or its
principal officer listed in Item F of the heading on page 1, rather
than the paid preparer.
Part III. Statement of Program Service
Accomplishments
Check the box in the heading of Part III if Schedule O (Form 990)
contains any information pertaining to this part. Part III requires
reporting regarding the organization's program service
accomplishments. A program service is an activity of an
organization that accomplishes its exempt purpose. Examples of
program service accomplishments can include:
• A section 501(c)(3) organization's charitable activities such as
a hospital's provision of charity care under its charity care policy,
a college's provision of higher education to students under a
degree program, a disaster relief organization's provision of
grants or assistance to victims of a natural disaster, or a nursing
home's provision of rehabilitation services to residents;
• A section 501(c)(5) labor union's conduct of collective
bargaining on behalf of its members;
• A section 501(c)(6) business league's conduct of meetings for
members to discuss business issues; or
• A section 501(c)(7) social club's operation of recreational and
dining facilities for its members.
DRAFT AS OF
November 9, 2021
Don't report a fundraising activity as a program service
accomplishment unless it is substantially related to the
accomplishment of the organization's exempt purposes (other
than by raising funds).
Line 1. Describe the organization's mission as articulated in its
mission statement or as otherwise adopted by the organization's
governing body, if applicable. If the organization doesn’t have
a mission that has been adopted or ratified by its governing
body, enter “None.”
Line 2. Answer “Yes” if the organization undertook any new
significant program services prior to the end of the tax year that
it didn’t describe in a prior year's Form 990 or 990-EZ. Describe
these items on Schedule O (Form 990). If any are among the
activities described on Form 990, Part III, line 4, the organization
can reference the detailed description on line 4. If the
organization has never filed a Form 990 or 990-EZ, answer “No.”
Line 3. Answer “Yes” if the organization made any significant
changes prior to the end of the tax year in how it conducts its
program services to further its exempt purposes, or if the
organization ceased conducting significant program services
that had been conducted in a prior year. Describe these items on
Schedule O (Form 990).
An organization must report new, significant program
TIP services, or significant changes in how it conducts
program services on its Form 990, Part III, rather than in
a letter to IRS Exempt Organizations Determinations (“EO
Determinations”). EO Determinations no longer issues letters
confirming the tax-exempt status of organizations that report
such new services or significant changes.
Line 4d. Other program services. Enter on Schedule O (Form
990) the organization's other program services. The detailed
description required for the three largest program services need
not be provided for these other program services. Section 501(c)
(3) and 501(c)(4) organizations must report on line 4d their total
revenues reported on Part VIII, line 2, column (A), and their total
expenses (including grants) reported on Part IX, column (B), that
are attributable to these other program services, and must report
on Part III, line 4e, their total program service expenses from
Part III, lines 4a–4d. For all other organizations, entering these
amounts is optional. The organization may report the
non-contribution portion of membership dues on line 4d or
allocate that portion among lines 4a–4c.
Lines 4a–4c. All organizations must describe their
accomplishments for each of their three largest program
services, as measured by total expenses incurred (not including
donated services or the donated use of materials, equipment, or
facilities). If there were three or fewer of such activities, describe
each program service activity. The organization can report on
Schedule O (Form 990) additional activities that it considers of
comparable or greater importance, although smaller in terms of
expenses incurred (such as activities conducted with volunteer
labor).
Code. For the 2021 tax year, leave this blank.
2021 Instructions for Form 990
-11-
Part IV. Checklist of Required
Schedules
in Rev. Proc. 98-19, 1998-1 C.B. 547. Other organizations
answer “No.”
Line 6. Answer “Yes” if the organization maintained at any time
during the organization's tax year a donor advised fund or
another similar fund or account (that is, any account over which
the donor or a person appointed by the donor had advisory
privileges over the use or investment of any portion of the
account, but which isn't a donor advised fund). Examples of
other similar funds or accounts include, but aren't limited to, the
types of funds or accounts described as exceptions to the
Glossary definition of a donor advised fund.
For each “Yes” answer to a question on Form 990, Part IV,
complete the applicable schedule (or part or line of the
schedule). See the Glossary and instructions for the pertinent
schedules for definitions of terms and explanations that are
relevant to questions in this part.
DRAFT AS OF
November 9, 2021
The organization isn't required to answer “Yes” on a question
on Form 990, Part IV, or complete the schedule (or part of a
schedule) to which the question is directed if the organization
isn't required to provide any information in the schedule (or part
of the schedule). Thus, a minimum dollar threshold for reporting
information on a schedule may be relevant in determining
whether the organization must answer “Yes” on a question on
Form 990, Part IV.
Line 7. Answer “Yes” if the organization received or held any
conservation easement at any time during the year, regardless
of how the organization acquired the easement or whether a
charitable deduction was claimed by a donor of the easement.
Line 8. Answer “Yes” if, at any time during the year, the
organization maintained collections of works of art, historical
treasures, and other similar assets as described in ASC
958-360-45, whether or not the organization reported revenue
and assets related to such collections in its financial statements.
Line 1. Answer “Yes” if the organization is a section 501(c)(3)
organization that isn't a private foundation. Answer “Yes” if the
organization claims section 501(c)(3) status but hasn't yet filed a
Form 1023 or Form 1023-EZ application or received a
determination letter recognizing its section 501(c)(3) status. All
other organizations answer “No.”
Organizations that answer “Yes” on line 8 often will
TIP answer “Yes” on Part IV, line 30, which addresses
current-year noncash contributions of such items.
Line 2. Answer “Yes” if any of the following are satisfied.
• A section 501(c)(3) organization met the 331/3% support test
of the regulations under sections 509(a)(1) and 170(b)(1)(A)(vi);
checks the box on Schedule A (Form 990), Part II, line 13, 16a,
or 16b; and received from any one contributor, during the year,
contributions of the greater of $5,000 (in money or property) or
2% of the amount on Form 990, Part VIII, line 1h. An
organization filing Schedule B (Form 990) can limit the
contributors it reports on Schedule B (Form 990) using this
greater-than-$5,000/2% threshold only if it checks the box on
Schedule A (Form 990), Part II, line 13, 16a, or 16b.
• A section 501(c)(3) organization didn’t meet the 331/3%
support test of the regulations under sections 509(a)(1) and
170(b)(1)(A)(vi), and received during the year contributions of
$5,000 or more from any one contributor.
• A section 501(c)(7), 501(c)(8), or 501(c)(10) organization
received, during the year, (a) contributions of any amount for
use exclusively for religious, charitable, scientific, literary, or
educational purposes, or the prevention of cruelty to children or
animals; or (b) contributions of $5,000 or more not exclusively
for such purposes from any one contributor.
• Any other organization that received, during the year,
contributions of $5,000 or more from any one contributor.
!
Line 9. Answer “Yes” if, at any time during the organization's tax
year, the organization (1) had an escrow or custodial account;
(2) provided credit counseling services and/or debt
management plan services, such as credit repair or debt
negotiations; or (3) acted as an agent, trustee, custodian, or
other intermediary for contributions or other assets not included
in Part X.
Line 10. Answer “Yes” if the organization, a related
organization, or an organization formed and maintained
exclusively to further one or more exempt purposes of the
organization (such as a foundation formed and maintained
exclusively to hold endowment funds to provide scholarships
and other funds for a college or university described within
section 501(c)(3)), held assets in donor-restricted endowment
funds, board designated (quasi), or endowment funds at any
time during the year, whether or not the organization follows
ASC 958, or reports endowment funds in Part X, line 31. See the
instructions for Schedule D (Form 990), Part V, for the definitions
of these types of endowment funds.
Line 11. Answer “Yes” if the organization reported an amount
for land, buildings, equipment, or leasehold improvements, on
Part X, line 10; an amount for other liabilities on Part X, line 25;
or if its financial statements for the tax year included a footnote
that addresses its liability for uncertain tax positions under FIN
48 (FASB ASC 740) (including a statement that the organization
had no liability for uncertain tax positions). Also, answer “Yes” if
the organization reported in Part X an amount for
investments-other securities, investments-program related, or
other assets, on any of line 12,13, or 15, that is 5% or more of
the total assets reported on Part X, line 16.
Don't attach substitutes for Schedule B (Form 990).
CAUTION
Line 3. All organizations must answer this question, even if they
aren't subject to a prohibition against political campaign
activities. Answer “Yes” whether the activity was conducted
directly or indirectly through a disregarded entity or a joint
venture or other arrangement treated as a partnership for
federal income tax purposes and in which the organization is an
owner.
Line 12a. Answer “Yes” if the organization received separate,
independent audited financial statements for the year for
which it is completing this return, or if the organization is
reporting for a short year that is included in, but not identical to,
the period for which the audited financial statements were
obtained. All other organizations answer “No.” Answer “No” if the
organization was included in consolidated audited financial
statements, unless the organization also received separate
audited financial statements.
An accountant's compilation or review of financial
statements isn't considered to be an audit and doesn't produce
audited financial statements. If the organization answers “No,”
Line 4. Complete only if the organization is a section 501(c)(3)
organization. Other organizations leave this line blank. Answer
“Yes” if the organization engaged in lobbying activities or had
a section 501(h) election in effect during the tax year. All section
501(c)(3) organizations that had a section 501(h) election in
effect during the tax year must complete Schedule C (Form
990), Part II-A, whether or not they engaged in lobbying activities
during the tax year.
Line 5. Answer “Yes” only if the organization is a section 501(c)
(4), 501(c)(5), or 501(c)(6) organization that receives
membership dues, assessments, or similar amounts as defined
-12-
2021 Instructions for Form 990
in the case of a group return, don't include hospital facilities
operated by another organization that is treated as a separate
taxable or tax-exempt corporation for federal income tax
purposes. For group returns, answer “Yes” if any subordinate
included in the group return operated such a hospital facility.
but has prepared, for the year for which it is completing this
return, a financial statement that wasn't audited, the organization
can (but isn't required to) provide the reconciliations contained
on Schedule D (Form 990), Parts XI–XII.
Line 12b. Answer “Yes” if the organization was included in
consolidated, independent audited financial statements for
the year for which it is completing this return. All other
organizations answer “No.” Answer “Yes” if the organization is
reporting for a short year that is included in, but not identical to,
the period for which the audited financial statements were
obtained.
Line 20b. If the organization operated one or more hospital
facilities at any time during the tax year, then it must attach a
copy of its most recent audited financial statements. If the
organization was included in consolidated audited financial
statements but not separate audited financial statements for the
tax year, then it must attach a copy of the consolidated financial
statements, including details of consolidation (whether or not
audited).
DRAFT AS OF
November 9, 2021
Line 13. Answer “Yes” if the organization checked the box on
Schedule A (Form 990), Part I, line 2, indicating that it is a
school.
Line 21. Answer “Yes” if the organization reported on Part IX,
line 1, column (A), more than $5,000 of grants and other
assistance to any domestic organization, or to any domestic
government. For instance, answer “No” if the organization made
a $4,000 grant to each of two domestic organizations and no
other grants. Don't report grants or other assistance provided to
domestic organizations or domestic governments for the
purpose of providing grants or other assistance to designated
foreign organizations or foreign individuals.
Section 501(c)(21) trusts. Use Schedule I (Form 990) to
report amounts over $5,000 paid by the trust (1) to the Federal
Black Lung Disability Trust Fund pursuant to section 3(b)(3) of
Public Law 95-227, or (2) for insurance exclusively covering
liabilities under sections 501(c)(21)(A)(i)(I), and 501(c)(21)(A)(i)
(IV). For details, see Regulations section 1.501(c)(21)-1(d).
Lines 14a–14b. Answer “Yes” on line 14a if the organization
maintained an office, or had employees or agents, or
independent contractors outside the United States. Answer
“Yes” on line 14b if the organization had aggregate revenue or
expenses of more than $10,000 from or attributable to
grantmaking, fundraising activities, business, investment, and
program service activities outside the United States, or if the
book value of the organization's aggregate investments in
foreign partnerships, foreign corporations, and other foreign
entities was $100,000 or more at any time during the tax year.
In the case of indirect investments made through investment
entities, the extent to which revenue or expenses are taken into
account in determining whether the $10,000 threshold is
exceeded will depend upon whether the investment entity is
treated as a partnership or corporation for U.S. tax purposes. For
example, an organization with an interest in a foreign partnership
would need to take into account its share of the partnership's
revenue and expenses in determining whether the $10,000
threshold is exceeded. An organization with an investment in a
foreign corporation would need to take into account dividends it
receives from the corporation, but wouldn't need to take into
account or report any portion of the revenues, expenses, or
expenditures of a foreign corporation in which it holds an
investment, provided that the corporation is treated as a
separate corporation for U.S. tax purposes.
Line 22. Answer “Yes” if the organization reported on Part IX,
line 2, column (A), more than $5,000 of aggregate grants and
other assistance to or for domestic individuals. Don't report
grants or other assistance provided to or for domestic individuals
for the purpose of providing grants or other assistance to
designated foreign organizations or foreign individuals.
Section 501(c)(21) trusts. Use Schedule I (Form 990) to
report amounts over $5,000 paid by the black lung trust to or for
the benefit of miners or their beneficiaries other than amounts
included on line 21. Such payments could include direct
payment of medical bills, etc., authorized by the Act and
accident and health benefits for retired miners and their spouses
and dependents.
Line 15. Answer “Yes” if the organization reported on Part IX,
line 3, column (A), more than $5,000 of grants and other
assistance to any foreign organization or entity (including a
foreign government), or to a domestic organization or
domestic individual for the purpose of providing grants or other
assistance to a designated foreign organization or
organizations.
Line 23. Answer “Yes” if the organization:
• Listed in Part VII a former officer, director, trustee, key
employee, or highest compensated employee; or
• Reported for any person listed in Part VII more than $150,000
of reportable compensation and other compensation.
Also answer “Yes” if, under the circumstances described in
the instructions for Part VII, Section A, line 5, the filing
organization had knowledge that any person listed in Part VII,
Section A, received or accrued compensation from an
unrelated organization for services rendered to the filing
organization.
Line 16. Answer “Yes” if the organization reported on Part IX,
line 3, column (A), more than $5,000 of aggregate grants and
other assistance to foreign individuals, or to domestic
organizations or domestic individuals for the purpose of
providing grants or other assistance to a designated foreign
individual or individuals.
Line 24. Lines 24a–24d involve questions regarding
tax-exempt bonds. All organizations must answer “Yes” or “No”
on line 24a. Those organizations that answer “Yes” on line 24a
must also answer lines 24b through 24d and complete
Schedule K (Form 990), Supplemental Information on
Tax-Exempt Bonds. Those that answer “No” to line 24a can skip
to line 25a.
Line 24a. Answer “Yes” and complete Schedule K (Form
990) for each tax-exempt bond issued by or for the benefit of
the organization after December 31, 2002 (including refunding
bonds) with an outstanding principal amount of more than
$100,000 as of the last day of the organization's tax year. For
this purpose, bonds that have been legally defeased, and as a
result are no longer treated as a liability of the organization,
aren't considered outstanding.
Lines 17–18. Answer “Yes” on line 17 if the total amount
reported for professional fundraising services in Part IX
(line 11e, plus the portion of the line 6 amount attributable to
professional fundraising services) exceeds $15,000.
Answer “Yes” on line 18 if the sum of the amounts reported
on lines 1c and 8a of Form 990, Part VIII, exceeds $15,000. An
organization that answers “No” should consider whether to
complete Schedule G (Form 990) in order to report its
fundraising activities or gaming activities for state or other
reporting purposes.
Line 20a. Answer “Yes” if the organization, directly or indirectly
through a disregarded entity or joint venture treated as a
partnership for federal income tax purposes, operated one or
more hospital facilities at any time during the tax year. Except
2021 Instructions for Form 990
-13-
Line 24b. For purposes of line 24b, the organization need not
include the following as investments of proceeds.
• Any investment of proceeds relating to a reasonably required
reserve or replacement fund as described in section 148(d).
• Any investment of proceeds properly characterized as
replacement proceeds as defined in Regulations section
1.148-1(c).
• Any investment of net proceeds relating to a refunding
escrow as defined in Regulations section 1.148-1(b).
Temporary period exceptions are described in section 148(c)
and Regulations section 1.148-2(e). For example, there is a
3-year temporary period applicable to proceeds spent on
expenditures for capital projects and a 13-month temporary
period applicable to proceeds spent on working capital
expenditures.
Line 24c. For purposes of line 24c, the organization is treated
as maintaining an escrow account if such account is maintained
by a trustee for tax-exempt bonds issued for the benefit of the
organization.
Line 24d. Answer “Yes” if the organization has received a
letter ruling that its obligations were issued on behalf of a state or
local governmental unit; meets the conditions for issuing
tax-exempt bonds as set forth in Rev. Rul. 63-20, 1963-1 C.B.
24 (see Rev. Proc. 82-26, 1982-1 C.B. 476); or is a constituted
authority organized by a state or local governmental unit to issue
tax-exempt bonds in order to further public purposes (see Rev.
Rul. 57-187, 1957-1 C.B. 65). Also answer “Yes” if the
organization has outstanding qualified scholarship funding
bonds under section 150(d) or bonds of a qualified volunteer fire
department under section 150(e).
value (FMV) of donations, gifts, grants, or other contributions
of property other than cash, regardless of the manner received
(such as for use in a charity auction). Don't include
contributions of services or use of facilities.
Lines 25a–25b. Complete lines 25a and 25b only if the
organization is a section 501(c)(3), 501(c)(4), or 501(c)(29)
organization. If the organization isn't described in section 501(c)
(3), 501(c)(4), or 501(c)(29), skip lines 25a and 25b and leave
them blank. On line 25b, answer “Yes” if the organization
became aware, prior to filing this return, that it engaged in an
excess benefit transaction with a disqualified person in a
prior year, and if the transaction hasn’t been reported on any of
the organization’s prior Forms 990 or 990-EZ.
Lines 33–34. The organization is required to report on
Schedule R (Form 990) certain information regarding ownership
or control of, and transactions with, its disregarded entities
and tax-exempt and taxable related organizations. An
organization that answers “Yes” on line 33 or 34 must enter its
disregarded entities and related organizations on Schedule R
(Form 990) and provide specified information regarding such
organizations.
Report disregarded entities on Schedule R (Form 990), Part I;
related tax-exempt organizations on Part II; related organizations
taxable as partnerships on Part III; and any related organizations
taxable as C or S corporations or trusts on Part IV.
Line 30. The organization is required to answer “Yes” on line 30
if during the year it received as a donation, gift, grant, or other
contribution:
• Any work of art, historical treasure, historical artifact,
scientific specimen, archaeological artifact, or similar asset,
including a fractional interest, regardless of amount or whether
the organization maintains collections of such items; or
• Any qualified conservation contributions regardless of
whether the contributor claimed a charitable contribution
deduction for such contribution.
DRAFT AS OF
November 9, 2021
See the instructions for Schedule M (Form 990), Noncash
Contributions, for definitions of these terms.
Lines 31–32. The organization must answer “Yes” if it
liquidated, terminated, dissolved, ceased operations, or
engaged in a significant disposition of net assets during the
year. See the instructions for Schedule N (Form 990) for
definitions and explanations of these terms and transactions or
events, and a description of articles of dissolution and other
information that must be filed with Form 990.
Note that a significant disposition of net assets may result
from either an expansion or contraction of operations.
Organizations that answer “Yes” on either of these questions
must also check the box in Part I, line 2, and complete
Schedule N (Form 990), Part I or Part II.
An excess benefit transaction can have serious
TIP implications for the disqualified person that entered
into the transaction with the organization, any
organization managers that knowingly approved of the
transaction, and the organization itself. A section 501(c)(3),
501(c)(4), or 501(c)(29) organization that becomes aware that it
may have engaged in an excess benefit transaction should
obtain competent advice regarding section 4958, pursue
correction of any excess benefit, and take other appropriate
steps to protect its interests with regard to such transaction and
the potential impact it could have on the organization's continued
exempt status. See Appendix G. Section 4958 Excess Benefit
Transactions, later, for a discussion of section 4958; Schedule L
(Form 990), Transactions With Interested Persons, Part I; and
Form 4720, Schedule I, regarding reporting of excess benefit
transactions.
Lines 35a–35b. If an organization was a controlled entity of
the filing organization under section 512(b)(13) during the tax
year, the filing organization must answer “Yes” on line 35a. It
must answer “Yes” on line 35b and complete Schedule R (Form
990), Part V, line 2, if it either (1) received or accrued from its
controlled entity any interest, annuities, royalties, or rent,
regardless of amount, during the tax year; or (2) engaged in
another type of transaction (see Schedule R (Form 990) for a list
of transactions) with the controlled entity, if the amounts involved
during the tax year for that type of transaction exceeded
$50,000. See the Glossary and the Instructions for Schedule R
(Form 990).
Controlled entities are a subset of related organizations.
Answer “No” to line 35a if the organization had no related
organizations during the tax year. If the answer to line 35a is
“No,” leave line 35b blank.
Lines 26–28. Lines 26 through 28 ask questions about loans
and other receivables and payables between the organization
and certain interested persons, and certain direct and indirect
business transactions between the organization and governance
and management officials of the organization or their associated
businesses or family members. All organizations must answer
these questions. The organization should review carefully the
instructions for Schedule L (Form 990), Parts II–IV, before
answering these questions and completing Schedule L (Form
990).
Line 36. Complete line 36 only if the organization is a section
501(c)(3) organization and engaged in a transaction over
$50,000 during the tax year with a related organization that
was tax exempt under a section other than section 501(c)(3). All
other organizations leave this line blank and go to line 37. See
the Instructions for Schedule R (Form 990) for more information
on what needs to be reported on Schedule R (Form 990), Part V,
line 2.
Line 29. The organization is required to answer “Yes” on line 29
if it received during the year more than $25,000 in fair market
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2021 Instructions for Form 990
year, or if the organization is filing for a short year and no
calendar year ended within its tax year.
Line 37. Answer “Yes” if, at any time during the year, the
organization conducted more than 5% of its activities, measured
by total gross revenue for the tax year or total assets of the
organization at the end of its tax year, whichever is greater,
through an unrelated organization that is treated as a
partnership for federal income tax purposes, and in which the
organization was a partner or member at any time during the tax
year. The 5% test is applied on a partnership-by-partnership
basis, although direct ownership by the organization and indirect
ownership through disregarded entities or tiered entities treated
as partnerships are aggregated for this purpose. The
organization need not report on Schedule R (Form 990), Part VI,
either (1) the conduct of activities through an organization
treated as a taxable or tax-exempt corporation for federal
income tax purposes, or (2) unrelated partnerships that meet
both of the following conditions.
• 95% or more of the filing organization's gross revenue from
the partnership for the partnership's tax year ending with or
within the organization's tax year is described in sections 512(b)
(1), 512(b)(2), 512(b)(3), and 512(b)(5), such as interest,
dividends, royalties, rents, and capital gains (including unrelated
debt-financed income).
• The primary purpose of the filing organization's investment in
the partnership is the production of income or appreciation of
property and not the conduct of a section 501(c)(3) charitable
activity such as program-related investing.
Line 1b. Form W-2G pertains to certain gambling winnings.
Line 1c. For more information on backup withholding for
missing or incorrect names or taxpayer identification numbers,
see Pub. 1281, Backup Withholding for Missing and Incorrect
Name/TIN(s). If backup withholding rules didn't apply to the
organization because it didn't make a reportable payment to a
vendor or provide reportable gaming (gambling) winnings to a
prize winner, then leave line 1c blank.
DRAFT AS OF
November 9, 2021
Line 2a. Include on this line the number of the organization's
employees (not the number of Forms W-2) reported on a Form
W-3, Transmittal of Wage and Tax Statements, by both the filing
organization and reporting agents of the filing organization,
including common paymasters and payroll agents, for the
calendar year ending with or within the filing organization's tax
year. Enter -0- if the organization didn't have any employees
during the calendar year ending with or within its tax year, or if
the organization is filing for a short year and no calendar year
ended within its tax year.
Line 2b. If the organization reported at least one employee on
line 2a, answer whether the organization or reporting agents of
the organization filed all required federal employment tax returns
(which include Form 940, Employer's Annual Federal
Unemployment (FUTA) Tax Return; and Form 941, Employer's
QUARTERLY Federal Tax Return) relating to such employees.
For more information, see the discussion of employment taxes in
Pub. 557. The organization may leave line 2b blank if it didn't
report any employees on line 2a.
Line 38. Answer “Yes” if the organization completed
Schedule O (Form 990).
Schedule O (Form 990) must be completed and filed by
TIP all organizations that file Form 990. All filers must
provide narrative responses to certain questions (for
example, Part VI, lines 11b and 19) on Schedule O (Form 990).
Certain filers must provide narrative responses to other
questions (for example, Part III, line 4d; Part V, line 3b; Part VI,
lines 2–7b, 9, 12c, and 15a–b, for “Yes” responses; Part VI, lines
8a–b and 10b, for “No” responses; and Part XII, line 3b, for a
“No” response). All filers can supplement their answers on other
Form 990 questions on Schedule O (Form 990).
Line 3a. Check “Yes” on line 3a if the organization's total gross
income from all of its unrelated trades or businesses is
$1,000 or more for the tax year. See Pub. 598, Tax on Unrelated
Business Income of Exempt Organizations, for a description of
unrelated business income and the Form 990-T filing
requirements for organizations having such income.
Neither Form 990-T nor Form 990 is a substitute for the
other. Report on Form 990 items of income and expense
CAUTION that are also required to be reported on Form 990-T
when the organization is required to file both forms.
!
Part V. Statements Regarding Other
IRS Filings and Tax Compliance
Line 3b. Answer “Yes” if the organization checked “Yes” on
line 3a and filed Form 990-T by the time this Form 990 is filed.
Check “No” if the organization answered “Yes” on line 3a but
hasn’t filed Form 990-T by the time this Form 990 is filed, even if
the organization has applied for an extension to file Form 990-T.
If “No” on line 3b, provide an explanation on Schedule O (Form
990).
Check the box in the heading of Part V if Schedule O (Form 990)
contains any information pertaining to this part.
See Glossary for definitions of terms used in the
TIP questions in this section.
Some questions in this part pertain to other IRS forms.
All tax-exempt organizations must pay estimated taxes
for their unrelated business income if they expect
CAUTION their tax liability to be $500 or more. Use Form 990-W,
Estimated Tax on Unrelated Business Taxable Income for
Tax-Exempt Organizations, to compute these amounts.
TIP Forms are available by downloading from the IRS
!
website at IRS.gov/OrderForms. Also see Appendix H.
Forms and Publications To File or Use.
Line 1a. The organization must use Form 1096, Annual
Summary and Transmittal of U.S. Information Returns, to
transmit to the IRS paper Forms 1099, 1098, 5498, and W-2G,
which are information returns reporting certain amounts paid or
received by the organization. Report all such returns filed for the
calendar year ending with or within the organization's tax year. If
the organization transmits any of these forms electronically, add
this number to the total reported. Examples of payments
requiring Form 1099 reporting include certain payments to
independent contractors for services rendered. Report on this
line Forms 1099, 1098, 5498, and W-2G filed by reporting
agents of the filing organization, including common paymasters
and payroll agents, for the calendar year ending with or within
the organization's tax year. Enter -0- if the organization didn't file
any such forms for the calendar year ending with or within its tax
2021 Instructions for Form 990
Line 4a. Answer “Yes” if either (1) or (2) below applies.
1. At any time during the calendar year ending with or within
the organization's tax year, the organization had an interest in,
or signature or other authority over, a financial account in a
foreign country (such as a bank account, securities account, or
other financial account); and
a. The combined value of all such accounts was more than
$10,000 at any time during the calendar year; and
b. The accounts weren't with a U.S. military banking facility
operated by a U.S. financial institution.
2. The organization owns more than 50% of the stock in any
corporation that would answer “Yes” to item 1 above.
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payment exceeds $75, the organization must furnish a
disclosure statement even though the taxpayer's deductible
amount doesn't exceed $75. Separate payments of $75 or less
made at different times of the year for separate fundraising
events won't be aggregated for purposes of the $75 threshold.
If “Yes,” electronically file FinCEN Form 114, Report of Foreign
Bank and Financial Accounts (FBAR), with the Department of
the Treasury using the FinCEN's BSA E-Filing System. Because
FinCEN Form 114 isn't a tax form, don't file it with Form 990.
See FINCEN.gov for more information.
See section 6113 and Notice 88-120, 1988-2 C.B. 454.
Line 4b. Enter the name of each foreign country in which a
foreign account described on line 4a is located. Use Schedule O
(Form 990) if more space is needed.
TIP
DRAFT AS OF
November 9, 2021
Lines 7c and 7d. If the organization is required to file Form
8282, Donee Information Return, to report information to the IRS
and to donors about dispositions of certain donated property
made within 3 years after the donor contributed the property, it
must answer “Yes” and indicate the number of Forms 8282 filed.
Lines 7e and 7f. If, in connection with a transfer to or for the
use of the organization, the organization directly or indirectly
pays premiums on any personal benefit contract, or there is an
understanding or expectation that any person will directly or
indirectly pay such premiums, the organization must report on
Form 8870, Information Return for Transfers Associated With
Certain Personal Benefit Contracts, the premiums it paid, and
the premiums paid by others but treated as paid by the
organization. The organization must report and pay an excise
tax, equal to premiums paid, on Form 4720. A personal benefit
contract is generally any life insurance, annuity, or endowment
contract that benefits, directly or indirectly, the transferor, a
member of the transferor's family, or any other person
designated by the transferor (other than an organization
described in section 170(c)).
Line 7g. Form 8899, Notice of Income From Donated
Intellectual Property, must be filed by certain organizations that
received a charitable gift of qualified intellectual property that
produces net income. The organization should check “Yes” if it
provided all required Forms 8899 for the year for net income
produced by donated qualified intellectual property. Qualified
intellectual property is any patent, copyright (other than certain
self-created copyrights), trademark, trade name, trade secret,
know-how, software (other than certain “canned” or
“off-the-shelf” software or self-created software), or similar
property, or applications or registrations of such property. If the
organization didn't receive a contribution of qualified intellectual
property, leave line 7g blank.
Line 7h. A donor of (1) a motor vehicle for use on public
roads, (2) a boat, or (3) an airplane can't claim a charitable
contribution deduction in excess of $500 unless the donee
organization provides the donor with a Form 1098-C,
Contributions of Motor Vehicles, Boats, and Airplanes, for the
donation (or a written acknowledgment with the same
information). See the Instructions for Form 1098-C for more
information. If the organization didn't receive a contribution of a
car, boat, airplane, or other vehicle, leave line 7h blank.
Line 5. Answer “Yes” on line 5a if the organization was party to
a prohibited tax shelter transaction as described in section
4965(e) at any time during the organization's tax year. A
prohibited tax shelter transaction is any listed transaction, within
the meaning of section 6707A(c)(2), and any prohibited
reportable transaction. A prohibited reportable transaction is a
confidential transaction within the meaning of Regulations
section 1.6011-4(b)(3), and a transaction with contractual
protection within the meaning of Regulations section 1.6011-4(b)
(4). For more information on prohibited tax shelter transactions,
see IRS.gov.
An organization that files Form 990 (other than a section 527
political organization) and that is a party to a prohibited tax
shelter transaction must file Form 8886-T, Disclosure by
Tax-Exempt Entity Regarding Prohibited Tax Shelter
Transaction, and may also have to file Form 4720, Return of
Certain Excise Taxes Under Chapters 41 and 42 of the Internal
Revenue Code, and pay an excise tax imposed by section 4965.
For more information, see the instructions for Forms 8886-T and
4720.
Line 6. Answer “Yes” on line 6a only if the organization has
annual gross receipts that are normally greater than $100,000
and if it solicited contributions not deductible under section 170
during the tax year.
Any fundraising solicitation (including solicitation of member
dues) by or on behalf of any section 501(c) or 527 organization
that isn't eligible to receive contributions deductible as
charitable contributions for federal income tax purposes must
include an explicit statement that contributions or gifts to it aren't
deductible as charitable contributions. The statement must be in
an easily recognizable format whether the solicitation is made in
written or printed form, by television or radio, or by telephone.
Failure to disclose that contributions aren't deductible could
result in a penalty of $1,000 for each day on which a failure
occurs. The maximum penalty for failures by any organization,
during any calendar year, shall not exceed $10,000. See section
6710 for details. In cases where the failure to make the
disclosure is due to intentional disregard of the law, more severe
penalties apply. No penalty will be imposed if the failure is due to
reasonable cause.
All organizations that qualify under section 170(c) to receive
contributions that are deductible as charitable contributions for
federal income tax purposes (such as domestic section 501(c)
(3) organizations other than organizations that test for public
safety) should answer “No” on line 6a.
Line 8. A sponsoring organization of a donor advised fund
must answer “Yes” if any one of its donor advised funds had
excess business holdings at any time during the organization's
tax year. All other organizations should leave this line blank and
go to line 9. If “Yes,” see the instructions for Schedule C of Form
4720 to determine whether the organization is subject to the
excess business holdings tax under section 4943 and is required
to file Form 4720.
For purposes of the excise tax on excess business holdings
under section 4943, a donor advised fund is treated as a private
foundation.
Line 7. Line 7 is directed only to organizations that can receive
deductible charitable contributions under section 170(c). See
Pub. 526, Charitable Contributions, for a description of such
organizations. All other organizations should leave lines 7a
through 7h blank and go to line 8.
Lines 7a and 7b. If a donor makes a payment in excess of
$75 partly as a contribution and partly in consideration for goods
or services provided by the organization, the organization must
generally notify the donor of the value of goods and services
provided.
Line 9. Line 9 is required to be completed by sponsoring
organizations maintaining a donor advised fund. All other
organizations can leave this line blank and go to line 10.
Line 9a. Answer “Yes” if the organization made any taxable
distributions under section 4966 during the organization's tax
Example. A donor gives a charity $100 in consideration for a
concert ticket valued at $40 (a quid pro quo contribution). In
this example, $60 would be deductible. Because the donor's
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2021 Instructions for Form 990
included in the definition of gross receipts for section 501(c)(7)
exemption purposes as discussed in Appendix C. However, if
the organization is a college fraternity or sorority that charges
membership initiation fees but not annual dues, don't include
such initiation fees.
Line 10b. Enter the amount of gross receipts included in
Part VIII. Statement of Revenue, line 12, Total Revenue, derived
from the general public for use of the organization's facilities, that
is, from persons other than members or their spouses,
dependents, or guests.
year. If “Yes,” complete and file Form 4720, Schedule K, to
calculate and pay the tax.
Under section 4966, a taxable distribution includes a
distribution from a donor advised fund to an individual. A
taxable distribution also includes a distribution from a donor
advised fund to an estate, partnership, association, company, or
corporation unless:
• The distribution is for a charitable purpose (for example, a
purpose described in section 170(c)(2)(B)), and
• The organization exercises expenditure responsibility for the
distribution.
The above doesn't apply to distributions to any organization
described in section 170(b)(1)(A) (other than a disqualified
supporting organization, defined in section 4966(d)(4)), to the
sponsoring organization of such donor advised fund, or to any
other donor advised fund.
Line 9b. Answer “Yes” if the organization made a distribution
from a donor advised fund to a donor, donor advisor, or
related person during the organization's tax year. For purposes
of this question, a related person is any family member of the
donor or donor advisor and any 35% controlled entity (as
defined in section 4958(f)) of the donor or donor advisor. If
“Yes,” complete and file Form 4720, Schedule L (Form 990).
DRAFT AS OF
November 9, 2021
Include the amount entered on line 10b of Form 990 on
TIP the club's Form 990-T if required to be filed. Investment
income earned by a section 501(c)(7) organization isn't
tax-exempt income unless set aside for the following purposes:
religious, charitable, scientific, literary, educational, or
prevention of cruelty to children or animals.
If the combined amount of an organization's gross investment
income, and other gross income from unrelated trades or
businesses, is $1,000 or more for the tax year, the organization
must report the investment income, and other unrelated
business income, on Form 990-T.
Line 11. Answer lines 11a and 11b only if the organization is
exempt under section 501(c)(12).
One of the requirements that an organization must meet to
qualify under section 501(c)(12) is that at least 85% of its gross
income consists of amounts collected from members for the sole
purpose of meeting losses and expenses. For purposes of
section 501(c)(12), the term “gross income” means gross
receipts without reduction for any cost of goods sold.
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).
Members are those individuals or entities that have the right
to elect the governing board of the organization, are involved in
the operations of the organization, and receive a share of its
excess operating revenues.
When calculating the member income percentage to
determine whether an organization meets the 85% Member
Income Test, the organization may exclude specific sources of
income from both the numerator and the denominator of the
fraction. For example, if an organization is a corporation and it
receives an amount that qualifies as a contribution to capital
under section 118, then that amount isn't included in either the
numerator or the denominator because it isn't considered to be
income for tax purposes. However, the payment must meet the
following conditions (see Rev. Rul. 93-16, 1993-1 C.B. 26) to
qualify as a contribution to capital.
• It must become a permanent part of the organization’s
working capital.
• It must not be compensation for specific quantifiable services.
• It must be bargained for.
• It must benefit the organization commensurately with its value.
• It must ordinarily be used in or contribute to the production of
additional income.
Gross income for mutual or cooperative electric companies is
figured by excluding any income received or accrued from the
following.
1. Qualified pole rentals.
2. Any provision or sale of electric energy transmission
services or ancillary services if the services are provided on a
nondiscriminatory, open-access basis under an open-access
If an organization makes a distribution from a
donor advised fund resulting from the advice of a
CAUTION donor, donor advisor, family member, or a 35%
controlled entity of any of these persons, which
distribution directly or indirectly provides a more than
incidental benefit to one of such persons, section 4967
imposes a tax on (1) the person upon whose advice the
distribution was made, (2) the beneficiary of the
distribution, and (3) the fund manager for knowingly
agreeing to make the distribution. The persons liable for
the section 4967 tax must file Form 4720 to pay the tax. No
section 4967 tax will be imposed on a distribution if a tax
has been imposed for the distribution under section 4958.
!
If an organization makes a distribution from a donor
advised fund to a donor, donor advisor, family member, or
35% controlled entity of these persons, then the
transaction might be a section 4958 transaction. Such
transactions include any grant, loan, compensation, or
other similar payment to these persons, as well as any
other payment resulting in excess benefit.
Line 10. Answer lines 10a and 10b only if the organization is
exempt under section 501(c)(7).
A section 501(c)(7) organization isn't exempt from
TIP income tax if any written policy statement, including the
governing instrument and bylaws, allows discrimination
on the basis of race, color, or religion.
However, section 501(i) allows social clubs to retain their
exemption under section 501(c)(7) even though their
membership is limited (in writing) to members of a particular
religion if the social club:
1. Is an auxiliary of a fraternal beneficiary society exempt
under section 501(c)(8); and
2. Limits its membership to the members of a particular
religion, or the membership limitation is:
a. A good-faith attempt to further the teachings or principles
of that religion, and
b. Not intended to exclude individuals of a particular race or
color.
Line 10a. Enter the amount of initiation fees, capital
contributions, and unusual amounts of income included in Part
VIII. Statement of Revenue, line 12, Total Revenue, but not
2021 Instructions for Form 990
-17-
organization is licensed to issue qualified health plans in only
one state, check “No.” In either case, report on Schedule O
(Form 990) each state in which the organization is licensed to
issue qualified health plans, the dollar amount of reserves each
state requires the organization to maintain, and the dollar
amount of reserves the organization maintains and reports to
each state.
Line 13b. Report the highest dollar amount of reserves the
organization is required to maintain by any of the states in which
the organization is licensed to issue qualified health plans.
Line 13c. Report the highest dollar amount of reserves the
organization maintains on hand and reports to a state in which
the organization is licensed to issue qualified health plans.
Line 14a. Answer “Yes” on line 14a if the organization
received any payments during the year for indoor tanning
services. “Indoor tanning services” are services employing any
electronic product designed to incorporate one or more
ultraviolet lamps and intended for the irradiation of an individual
by ultraviolet radiation, with wavelengths in air between 200 and
400 nanometers, to induce skin tanning.
Line 14b. If an organization received a payment for services
for indoor tanning services during the year, it must collect from
the recipient of the services a tax equal to 10% of the amount
paid for such service, whether paid by insurance or otherwise,
and remit such tax quarterly to the IRS by filing Form 720,
Quarterly Federal Excise Tax Return. If the organization filed
Form 720 during the year, it should check “Yes” on line 14b. If it
answers “No” on line 14b, it should explain on Schedule O (Form
990) why it didn't file Form 720.
Line 15. See the instructions for Form 4720, Schedule N, to
determine if you paid to any covered employee more than $1
million in remuneration or paid an excess parachute payment
during the year. Remuneration paid to a covered employee
includes any remuneration paid by a related organization.
Line 16. Line 16 applies to private colleges and universities
subject to the excise tax on net investment income under section
4968. All other organizations, including state colleges and
universities described in the first sentence of section 511(a)(2)
(B), are not subject to this tax, and therefore check the “No” box
on line 16, and go to Part VI. A private college or university will
be subject to the excise tax on net investment income under
section 4968 only if four threshold tests are met.
1. The organization must be an eligible educational
institution as defined in section 25A(f)(2). Section 25A(f)(2)
defines “eligible educational institution” as an institution that is
described in section 481 of the Higher Education Act of 1965 (20
USC 1088), as in effect on August 5, 1997, and is eligible to
participate in a program under title IV of such Act (20 USCS
sections 1070 et seq.).
2. The organization must have had at least 500
tuition-paying students, based upon a daily average student
count, during the preceding tax year.
3. More than 50% of those students must have been located
in the United States.
4. The aggregate fair market value, at the end of the
preceding tax year, of the assets not used directly in carrying out
the organization’s exempt purpose, held by the organization and
related organizations, must be at least $500,000 per student.
transmission tariff; approved or accepted by the Federal Energy
Regulatory Commission (FERC) or under an independent
transmission provider agreement approved or accepted by
FERC (other than income received or accrued directly or
indirectly from a member).
3. The provision or sale of electric energy distribution
services or ancillary services, if the services are provided on a
nondiscriminatory, open-access basis to distribute electric
energy not owned by the mutual or electric cooperative
company:
a. To end-users who are served by distribution facilities not
owned by the company or any of its members (other than
income received or accrued directly or indirectly from a
member), or
b. Generated by a generation facility not owned or leased by
the company or any of its members and which is directly
connected to distribution facilities owned by such company or
any of its members (other than income received or accrued
directly or indirectly from a member).
4. From any nuclear decommissioning transaction.
5. From any asset exchange or conversion transaction.
DRAFT AS OF
November 9, 2021
For a mutual or cooperative telephone company, gross
income doesn't include amounts received or accrued either from
another telephone company for completing long distance calls to
or from or between the telephone company's members, from
qualified pole rentals, from the sale of display listings in a
directory furnished to the telephone company's members, or
from prepayment of a loan under section 306A, section 306B, or
section 311 of the Rural Electrification Act of 1936 (as in effect
on January 1, 1987).
If the calculated member income percentage for a
TIP section 501(c)(12) organization is less than 85% for the
tax year, then the organization fails to qualify for
tax-exempt status for that year, and it must file Form 1120, U.S.
Corporation Income Tax Return, in lieu of Form 990 or 990-EZ
for the year. However, failing the 85% Member Income Test in
one year doesn't cause permanent loss of tax-exempt status
under section 501(c)(12). So long as the organization's member
income percentage is equal to or greater than 85% in any
subsequent tax year, the organization may file Form 990 or Form
990-EZ for that year, even if Form 1120 was filed in a prior year.
Line 12. All organizations that aren't section 4947(a)(1) trusts
are to leave line 12 blank.
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.
Section 4947(a)(1) trusts must complete all sections of the
Form 990 and schedules that section 501(c)(3) organizations
must complete. All references to a section 501(c)(3) organization
on the Form 990, schedules, and instructions shall include a
section 4947(a)(1) trust (for instance, such a trust must complete
Schedule A (Form 990), unless expressly excepted).
Line 13. Answer lines 13a, 13b, and 13c only if the organization
has received a loan or grant under the Department of Health and
Human Services CO-OP program.
Line 13a. If the organization is licensed to issue qualified
health plans in more than one state, check “Yes.” If the
Use the worksheet below to determine whether the
organization meets the last three threshold tests above. Save
this worksheet with the organization’s records.
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2021 Instructions for Form 990
Threshold Tests for Section 4968
1. Enter the daily average number of FTE tuition-paying students in all locations. If fewer than 500, check “No” in box 16. If 500 or more, go to line 2.
2. Enter the daily average number of FTE tuition-paying students in United States.
3. Divide line 2 by line 1. If 50% or less, check “No” on line 16. If greater than 50%, go to line 4.
4. Enter the FMV of assets held by organization but not used directly in carrying out the organization’s
exempt purpose.
$
5. Enter the FMV of assets held by one or more related organizations.
$
DRAFT AS OF
November 9, 2021
6. Total. Add lines 4 and 5.
$
7. Divide line 6 by the daily average number of FTE students. If less than $500,000, check “No” on line 16. If $500,000 or more, check “Yes” in
box 16.
$
When calculating the fair market value of such assets of a
related organization, exclude (1) assets of any related
organization to the extent that such assets are taken into
account with respect to another educational institution; and (2)
unless the related organization is controlled by the educational
institution, or unless the related organization is a supporting
organization of the educational institution, omit assets that are
not intended, or are not available, for the use or benefit of the
educational institution.
Worksheet line 6. Add lines 4 and 5.
Worksheet line 7. Divide line 6 by the daily average number
of FTE students.
If line 7 is less than $500,000, the organization is not subject
to the section 4968 excise tax on net investment income and the
organization should answer “No” on line 16. If line 7 is $500,000
or more, the organization is subject to the section 4968 excise
tax on net investment income and the organization should
answer “Yes” on line 16.
Worksheet line 1. To calculate the number of tuition-paying
students during the preceding tax year (including for purposes of
determining the number of students at a particular location),
enter the daily average number of full-time equivalent (FTE)
tuition-paying students attending the institution, taking part-time
tuition-paying students into account on a full-time student
equivalent basis.
If worksheet line 1 is fewer than 500, the organization is not
subject to the section 4968 excise tax on net investment income.
The organization should answer “No” on line 16. If worksheet
line 1 is 500 or more, continue to line 2.
Worksheet line 2. Enter the number of FTE tuition-paying
students included on line 1 who were located in the United
States during the preceding tax year and enter it on line 2.
Worksheet line 3. Divide line 2 by line 1. If 50% or less, the
organization is not subject to the section 4968 excise tax and the
organization should answer “No” on line 16. If greater than 50%,
continue to line 4.
Worksheet line 4. Calculate the fair market value (FMV) of
the organization’s assets not used directly in carrying out the
organization’s exempt purpose as of the end of the preceding
tax year. To determine which assets are used directly in carrying
out the organization’s exempt purpose, under these instructions,
follow the principles of section 4942(e)(1)(A) and Regulations
section 53.4942(a)-2(c)(3). To determine the fair market value of
the assets, use any reasonable method as long as such method
is consistently used. Under these instructions, the principles of
Regulations section 53.4942(a)-2(c)(4) will be considered to
provide a reasonable method.
Line 17. Did the trust, any disqualified person, or mine operator
engage in any activities that would result in the imposition of an
excise tax under section 4951, 4952, or 4953? See the
Instructions for Form 6069. If “Yes,” complete Form 6069.
Part VI. Governance, Management,
and Disclosure
Check the box in the heading of Part VI if Schedule O (Form
990) contains any information pertaining to this part. All
organizations must complete Part VI. Use Schedule O (Form
990) to provide required supplemental information as described
in this part, and to provide any additional information that the
organization considers relevant to this part.
Assets held for the production of income or for
investment aren't considered to be used directly for
CAUTION charitable functions even though the income from the
assets is used for charitable functions. It is a factual question
whether an asset is held for the production of income or for
investment rather than used directly by the organization for
charitable purposes. For example, an office building used to
provide offices for employees engaged in managing endowment
funds for the organization isn't considered an asset used for
charitable purposes.
!
Part VI requests information regarding an organization's
governing body and management, governance policies, and
disclosure practices. Although federal tax law generally doesn't
mandate particular management structures, operational policies,
or administrative practices, every organization is required to
answer each question in Part VI. For example, all organizations
must answer lines 11a and 11b, which ask about the
organization's process, if any, it uses to review Form 990, even
though the governing body isn't required by federal tax law to
review Form 990.
Worksheet line 5. Calculate the fair market value of the
assets of related organizations (as defined below) using the fair
market value of assets as of the end of the preceding tax year
that ends with or within the preceding tax year of the
organization.
Section 4968 defines “related organization” to include only:
• Organizations that control or are controlled by the educational
institution,
• Organizations that are controlled by one or more of the same
persons who control the educational institution,
• Supported organizations (as defined in section 509(f)(3)), and
• Supporting organizations described in section 509(a)(3) that
support the educational institution during the tax year.
2021 Instructions for Form 990
Even though the information on policies and procedures
requested in Section B generally isn't required under the Code,
the IRS considers such policies and procedures to generally
improve tax compliance. The absence of appropriate policies
and procedures can lead to opportunities for excess benefit
transactions, inurement, operation for nonexempt purposes, or
other activities inconsistent with exempt status. Whether a
particular policy, procedure, or practice should be adopted by an
organization depends on the organization's size, type, and
culture. Accordingly, it is important that each organization
consider the governance policies and practices that are most
appropriate for that organization in assuring sound operations
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4. Neither the member, nor any family member of the
member, was involved in a transaction with a taxable or
tax-exempt related organization (whether directly or indirectly
through affiliation with another organization) of a type and
amount that would be reportable on Schedule L (Form 990) if
required to be filed by the related organization.
and compliance with tax law. For more governance information
relating to charities, see IRS.gov/Charities and click on Lifecycle
of an Exempt Organization.
Section A. Governing Body and Management
Line 1a. The governing body is the group of one or more
persons authorized under state law to make governance
decisions on behalf of the organization and its shareholders or
members, if applicable. The governing body is, generally
speaking, the board of directors (sometimes referred to as
“board of trustees”) of a corporation or association, or the
trustee or trustees of a trust (sometimes referred to as the “board
of trustees”).
Enter the number, as of the end of the organization's tax year,
of members of the governing body of the organization with
power to vote on all matters that come before the governing
body (other than when a conflict of interest disqualifies the
member from voting). If members of the governing body don't all
have the same voting rights, explain material differences on
Schedule O (Form 990).
If the organization's governing body or governing documents
delegated authority to act on its behalf to an executive
committee or similar committee with broad authority to act on
behalf of the governing body, and the committee held such
authority at any time during the organization's tax year, describe
on Schedule O (Form 990) the composition of the committee,
whether any of the committee's members aren't on the
governing body, and the scope of the committee's authority. The
organization need not describe on Schedule O (Form 990)
delegations of authority that are limited in scope to particular
areas or matters, such as delegations to an audit committee,
investment committee, or compensation committee of the
governing body.
Note. The independence standard for purposes of Part VI isn't
the same as the “absence of conflict of interest” standard for
purposes of the rebuttable presumption under Regulations
section 53.4958-6, which focuses on conflicts with respect to a
particular transaction.
A member of the governing body isn't considered to lack
independence merely because of the following circumstances.
1. The member is a donor to the organization, regardless of
the amount of the contribution.
2. Religious exception: The member has taken a bona fide
vow of poverty and either (a) receives compensation as an
agent of a religious order or a section 501(d) religious or
apostolic organization, but only under circumstances in which
the member doesn't receive taxable income (see Rev. Rul.
77-290, 1977-2 C.B. 26, and Rev. Rul. 80-332, 1980-2 C.B. 34);
or (b) belongs to a religious order that receives sponsorship or
payments from the organization or a related organization that
don't constitute taxable income to the member.
3. The member receives financial benefits from the
organization solely in the capacity of being a member of the
charitable or other class served by the organization in the
exercise of its exempt function, such as being a member of a
section 501(c)(6) organization, so long as the financial benefits
comply with the organization's terms of membership.
DRAFT AS OF
November 9, 2021
Example 1. B is a voting member of the organization's board
of directors. B is also a partner with a profits and capital interest
greater than 35% in a law firm, C, that charged $120,000 to the
organization for legal services in a court case. The transaction
between C and the organization must be reported on Schedule L
(Form 990) because it is a transaction between the organization
and an entity of which B is a more-than-35% owner, and
because the payment to C from the organization exceeded
$100,000 (see the instructions for Schedule L (Form 990), Part
IV, regarding both factors). Accordingly, B isn't an independent
member of the governing body because the $120,000 payment
must be reported on Schedule L (Form 990) as an indirect
business transaction with B. If B were an associate attorney (an
employee) rather than a partner with a greater-than-35%
interest, and not an officer, director, trustee, or owner of the law
firm, the transaction wouldn't affect B's status as an independent
member of the organization's governing body.
Example. A voluntary employees' beneficiary association
(VEBA) is a trust under state law. Bank B is the sole trustee of
the trust. In completing line 1a, the VEBA will report one voting
member of the governing body.
Line 1b. Enter the number of independent voting members
of the governing body as of the end of the organization's tax
year. A member of the governing body is considered
“independent” only if all four of the following circumstances
applied at all times during the organization's tax year.
1. The member wasn't compensated as an officer or other
employee of the organization or of a related organization (see
the Instructions for Schedule R (Form 990)) except as provided
in the religious exception discussed below. Nor was the member
compensated by an unrelated organization or individual for
services provided to the filing organization or to a related
organization, if such compensation is required to be reported in
Part VII, Section A.
2. The member didn't receive total compensation
exceeding $10,000 during the organization's tax year (including
a short year, regardless of whether such compensation is
reported in Part VII) from the organization and related
organizations as an independent contractor, other than
reasonable compensation for services provided in the
capacity as a member of the governing body. For example, a
person who receives reasonable expense reimbursements and
reasonable compensation as a director of the organization
doesn't cease to be independent merely because he or she also
receives payments of $7,500 from the organization for other
arrangements.
3. Neither the member, nor any family member of the
member, was involved in a transaction with the organization
(whether directly or indirectly through affiliation with another
organization) that is required to be reported on Schedule L
(Form 990) for the organization's tax year.
Example 2. D is a voting member of both the organization's
governing body and the governing body of C, a related
organization. D's daughter, E, received $40,000 in taxable
compensation as a part-time employee of C. D isn't an
independent member of the governing body, because E
received compensation from C, a related organization to D, and
the compensation was of a type (compensation to a family
member of a member of C's governing body) and amount (over
$10,000) that would be reportable on Schedule L (Form 990) if
the related organization, C, were required to file Schedule L
(Form 990).
Example 3. C was Board Chair of X school during the tax
year. X's bylaws designate the following as officer positions:
Board Chair, Secretary, and Treasurer. C set the agenda for
board of directors meetings, officiated board meetings,
coordinated development of board policy and procedure, was an
ex-officio member of all committees of the board, conducted
weekly staff meetings, and performed teacher and staff
evaluations. X compensated C during the tax year for C's
-20-
2021 Instructions for Form 990
3. The two persons are each a director, trustee, officer, or
greater-than-10% owner in the same business or investment
entity (but not in the same tax-exempt organization).
services. This compensation was attributable to C's board and
committee activities, and to C's non-director activities involving
staff meetings and evaluations. Because X compensated C for
services as an officer/employee, C isn't an independent member
of the governing body. See Rev. Rul. 68-597 and Rev. Rul.
57-246 for a description of the distinction between director
services and officer services.
Ownership is measured by stock ownership (either voting
power or value, whichever is greater) of a corporation, profits or
capital interest in a partnership or limited liability company
(whichever is greater), membership interest in a nonprofit
organization, or beneficial interest in a trust. Ownership includes
indirect ownership (for example, ownership in an entity that has
ownership in the entity in question); there may be ownership
through multiple tiers of entities.
Privileged relationship exception. For purposes of line 2, a
“business relationship” doesn't include a relationship between an
attorney and client, a medical professional (including
psychologist) and patient, or a priest/clergy and penitent/
communicant.
Example 4. The facts are the same as in Example 3, except
that the Board Chair position wasn't designated as an officer
position under X's bylaws, board resolutions, or state law.
Nevertheless, because X compensated C for non-director
activities involving staff meetings and evaluations during the tax
year, C is deemed to have received compensation as an
employee—not as a governing body member—for those
activities. Therefore, C isn't an independent member of the
governing body.
DRAFT AS OF
November 9, 2021
Example 5. The facts are the same as in Example 3, except
that (1) C conducted only director and committee activities
during the tax year; (2) C didn't conduct staff meetings and
evaluations; and (3) X compensated C a reasonable amount for
C's Board Chair services during the tax year, but didn't provide
any other compensation to C in any other capacity. C's
independence as a Board member isn't compromised by
receiving compensation from X as a Board member (and not as
an officer or employee).
Also see Examples 2 and 3 in the instructions for Part VII,
Section A, line 5, later.
Reasonable effort. The organization need not engage in
more than a reasonable effort to obtain the necessary
information to determine the number of independent voting
members of its governing body and can rely on information
provided by such members. For instance, the organization can
rely on information it obtains in response to a questionnaire sent
annually to each member of the governing body that includes the
member's name and title, blank lines for the member's signature
and signature date, and the pertinent instructions and definitions
for line 1b, to determine whether the member is or isn't
independent.
Example 1. B is an officer of the organization, and C is a
member of the organization's governing body. B is C's sister's
spouse. The organization must report that B and C have a family
relationship.
Example 2. D and E are officers of the organization. D is
also a partner in an accounting firm with 300 partners (with a
1/300 interest in the firm's profits and capital) but isn't an officer,
director, or trustee of the accounting firm. D's accounting firm
provides services to E in the ordinary course of the accounting
firm's business, on terms generally offered to the public, and
receives $100,000 in fees during the year. 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.
Example 3. F and G are trustees of the organization. F is the
owner and CEO of an automobile dealership. G purchased a
$45,000 car from the dealership during the organization's tax
year in the ordinary course of the dealership's business, on
terms generally offered to the public. The relationship between F
and G isn't a reportable business relationship because the
transaction was in the ordinary course of business on terms
generally offered to the public.
Line 2. Answer “Yes” if any of the organization's current
officers, directors, trustees, or key employees, as reported
in Part VII, Section A, had a family relationship or business
relationship with another of the organization's current officers,
directors, trustees, or key employees, as reported in Part VII,
Section A, at any time during the organization's tax year. For
each family and business relationship, identify the persons and
describe their relationship on Schedule O (Form 990). It is
sufficient to enter “family relationship” or “business relationship”
without greater detail.
Business relationship. Business relationships between two
persons include any of the following.
1. One person is employed by the other in a sole
proprietorship or by an organization with which the other is
associated as a trustee, director, officer, or greater-than-35%
owner, even if that organization is tax exempt. However, don't
report a person’s employment by the filing organization as a
business relationship.
2. One person is transacting business with the other (other
than in the ordinary course of either party's business on the
same terms as are generally offered to the public), directly or
indirectly, in one or more contracts of sale, lease, license, loan,
performance of services, or other transaction involving transfers
of cash or property valued in excess of $10,000 in the aggregate
during the organization's tax year. Indirect transactions are
transactions with an organization with which the one person is
associated as a trustee, director, officer, or greater-than-35%
owner. Such transactions don't include charitable contributions
to tax-exempt organizations.
2021 Instructions for Form 990
Example 4. H and J are members of the organization's
board of directors. Both are CEOs of publicly traded
corporations and serve on each other's boards. The relationship
between H and J is a reportable business relationship because
each is a director or officer in the same business entity.
Example 5. K is an officer of the organization, and L is on its
board of directors. L is a greater-than-35% partner of a law firm
that charged $60,000 during the organization's tax year for legal
services provided to K that were worth $600,000 at the law firm's
ordinary rates. Thus, the ordinary course of business exception
doesn't apply. However, the relationship between K and L isn't a
reportable business relationship because of the privileged
relationship of attorney and client.
Reasonable effort. The organization isn't required to provide
information about a family or business relationship between two
officers, directors, trustees, or key employees if it is unable
to secure the information after making a reasonable effort to
obtain it. An example of a reasonable effort would be for the
organization to distribute a questionnaire annually to each such
person that includes the name and title of each person reporting
information, blank lines for those persons' signatures and
signature dates, and the pertinent instructions and definitions for
line 2.
Line 3. Answer “Yes” if, at any time during the organization's tax
year, the organization used a management company or other
person (other than persons acting in their capacities as officers,
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the state and to the required or permitted number or frequency of
governing body or member meetings.
Describe significant changes on Schedule O (Form 990), but
don't attach a copy of the amendments or amended document to
Form 990 (or recite the entire amended document verbatim),
unless such amended documents reflect a change in the
organization's name. See Specific Instructions, Item B, earlier,
regarding attachments required in the event of a change in the
organization's name.
directors, trustees, or key employees) to perform any
management duties customarily performed by or under the
direct supervision of officers, directors, trustees, or key
employees. Such management duties include, but aren't limited
to, hiring, firing, and supervising personnel; planning or
executing budgets or financial operations; or supervising exempt
operations or unrelated trades or businesses of the organization.
Management duties don't include administrative services (such
as payroll processing) that don't involve significant managerial
decision making. Management duties also don't include
investment management unless the filing organization conducts
investment management services for others.
If “Yes,” on Schedule O (Form 990), list the name(s) of the
management company or companies or other person(s)
performing management duties; describe the services they
provided to the organization; list any of the organization’s current
or former officers, directors, trustees, key employees, and
highest compensated employees listed in Part VII, Section A,
who were compensated by the management company or
companies or other person(s) during the calendar year ending
with or within the organization's tax year; and list the amounts of
reportable and other compensation they received from the
management company or companies or other person(s) for
services provided to the filing organization and related
organizations during that year.
DRAFT AS OF
November 9, 2021
An organization must report significant changes to its
TIP organizational documents on Form 990, Part VI, rather
than in a letter to EO Determinations. EO Determinations
no longer issues letters confirming the tax-exempt status of
organizations that report significant changes to their
organizational documents, though it will, on request, issue an
affirmation letter confirming an organization's name change. The
IRS will no longer require a new exemption application from a
domestic section 501(c) organization that undergoes certain
changes of form or place of organization described in Rev. Proc.
2018-15, 2018-9 I.R.B. 379.
Line 5. 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 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.
A diversion of assets includes any unauthorized conversion
or use of the organization's assets other than for the
organization's authorized purposes, including but not limited to
embezzlement or theft. Report diversions by the organization's
officers, directors, trustees, employees, volunteers,
independent contractors, grantees (diverting grant funds), or
any other person, even if not associated with the organization
other than by the diversion. A diversion of assets doesn't include
an authorized transfer of assets for FMV consideration, such as
to a joint venture or for-profit subsidiary in exchange for an
interest in the joint venture or subsidiary. For this purpose, a
diversion is considered significant if the gross value of all
diversions (not taking into account restitution, insurance, or
similar recoveries) discovered during the organization's tax year
exceeds the lesser of (1) 5% of the organization's gross receipts
for its tax year, (2) 5% of the organization's total assets as of the
end of its tax year, or (3) $250,000.
Line 4. The organization must report significant changes to its
organizing or enabling document by which it was created
(articles of incorporation, association, or organization; trust
instrument; constitution; or similar document), and to its rules
governing its affairs commonly known as bylaws (or regulations,
operating agreement, or similar document). Report significant
changes that weren't reported on any prior Form 990, and that
were made before the end of the tax year. Don't report changes
to policies described or established outside of the organizing or
enabling document and bylaws (or similar documents), such as
adoption of, or change to, a policy adopted by resolution of the
governing body that doesn't entail a change to the organizing
document or bylaws.
Examples of significant changes to the organizing or enabling
document or bylaws include changes to:
• The organization's exempt purposes or mission;
• The organization’s name (also see the instructions for
Specific Instructions, Item B, earlier);
• The number, composition, qualifications, authority, or duties
of the governing body's voting members;
• The number, composition, qualifications, authority, or duties
of the organization's officers or key employees;
• The role of the stockholders or membership in governance;
• The distribution of assets upon dissolution;
• The provisions to amend the organizing or enabling document
or bylaws;
• The quorum, voting rights, or voting approval requirements of
the governing body members or the organization's stockholders
or membership;
• The policies or procedures contained within the organizing
documents or bylaws regarding compensation of officers,
directors, trustees, or key employees, conflicts of interest,
whistleblowers, or document retention and destruction; and
• The composition or procedures contained within the
organizing document or bylaws of an audit committee.
Note. A diversion of assets can in some cases be inurement of
the organization's net earnings. In the case of section 501(c)(3),
501(c)(4), and 501(c)(29) organizations, it can also be an
excess benefit transaction taxable under section 4958 and
reportable on Schedule L (Form 990).
Line 6. Answer “Yes” if the organization is organized as a stock
corporation, a joint-stock company, a partnership, a joint
venture, or a limited liability company. Also answer “Yes” if the
organization is organized as a non-stock, nonprofit, or
not-for-profit corporation or association with members. For
purposes of Form 990, Part VI, member means (without regard
to what a person, including a corporation or other legal entity, is
called in the governing documents) any person who, pursuant to
a provision of the organization's governing documents or
applicable state law, has the right to participate in the
organization's governance or to receive distributions of income
or assets from the organization. Members don't include
governing body members. For purposes of Part VI, a
membership organization includes members with the following
kinds of rights.
Example. Organization X has a written conflicts of interest
policy that isn't contained within the organizing document or
bylaws. The policy is changed by board resolution. The policy
change doesn't need to be reported on line 4.
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
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2021 Instructions for Form 990
1. The members elect the members of the governing body
(but not if the persons on the governing body are the
organization's only members) or their delegates.
2. The members approve significant decisions of the
governing body.
3. The members can receive a share of the organization's
profits or excess dues or a share of the organization's net assets
upon the organization's dissolution.
Line 10a. Answer “Yes” if the organization had during its tax
year any local chapters, local branches, local lodges, or other
similar local units or affiliates over which the organization had
the legal authority to exercise direct or indirect supervision and
control (whether or not in a group exemption) and local units
that aren't separate legal entities under state law over which the
organization had such authority. An affiliate or unit is considered
“local” for this purpose if it is responsible for a smaller
geographical area than the filing organization is responsible for.
Thus, a regional organization would be considered local for a
national organization.
DRAFT AS OF
November 9, 2021
Describe on Schedule O (Form 990) the classes of members or
stockholders with the rights described above.
Line 7a. Answer “Yes” on line 7a if at any time during the
organization's tax year there were one or more persons (other
than the organization's governing body itself, acting in such
capacity) that had the right to elect or appoint one or more
members of the organization's governing body, whether
periodically, or as vacancies arise, or otherwise. If “Yes,”
describe on Schedule O (Form 990) the class or classes of such
persons and the nature of their rights.
Example 1. X is a national organization dedicated to the
reform of K. X has affiliates in 15 states that conduct activities to
carry out the purposes of X at the state level. X has the authority
to approve the annual budget of each affiliate. X must answer
“Yes” on line 10a.
Example 2. Y is a section 170(b)(1)(A)(iii) hospital located in
M City. Y appoints a majority of the board of directors of Z, a
section 509(a)(3) supporting organization that invests funds and
makes grants for the benefit of Y. Although Y controls Z, Z isn't a
local affiliate of Y that would require Y to answer “Yes” on
line 10a.
Line 7b. Answer “Yes” on line 7b if at any time during the
organization's tax year any governance decisions of the
organization were reserved to (or subject to approval by)
members, stockholders, or persons other than the governing
body, whether or not any such governance decisions were
made during the tax year, such as approval of the governing
body's election or removal of members of the governing body, or
approval of the governing body's decision to dissolve the
organization. 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.
Line 10b. Written policies and procedures governing the
activities of local chapters, branches, and affiliates to ensure
their operations are consistent with the organization's
tax-exempt purposes are documents used by the organization
and its local units to address the policies, practices, and
activities of the local unit. Such policies and procedures can
include policies and procedures similar to those described in
lines 11–16 of this section, whether separate or included as
required provisions in the chapter's articles of organization or
bylaws, a manual provided to chapters, a constitution, or similar
documents. If “No,” explain on Schedule O (Form 990) how the
organization ensures that the local unit's activities are consistent
with the organization's tax-exempt purposes.
Line 8. Answer “Yes” on lines 8a and 8b if the organization
contemporaneously documented by any means permitted by
state law every meeting held and written action taken during the
organization's tax year by its governing body and committees
with authority to act on behalf of the governing body (which
ordinarily don't include advisory boards). Documentation
permitted by state law can include approved minutes, email, or
similar writings that explain the action taken, when it was taken,
and who made the decision. For this purpose, contemporaneous
means by the later of (1) the next meeting of the governing body
or committee (such as approving the minutes of the prior
meeting), or (2) 60 days after the date of the meeting or written
action. If the answer to either line 8a or 8b is “No,” explain on
Schedule O (Form 990) the organization's practices or policies, if
any, regarding documentation of meetings and written actions of
its governing body and committees with authority to act on its
behalf. If the organization had no committees, answer “No” to
line 8b.
Note. The central organization (parent organization) named in
a group exemption letter is required to have general
supervision or control over its subordinate organizations as a
condition of the group exemption.
Line 11a. Answer “Yes” only if a complete copy of the
organization's final Form 990 (including all required schedules),
as ultimately filed with the IRS, was provided to each person
who was a voting member of the governing body at the time
the Form 990 was provided, whether in paper or electronic form,
before its filing with the IRS. The organization can answer “Yes”
if it emailed all of its governing body members a link to a
password-protected website on which the entire Form 990 can
be viewed, and noted in the email that the Form 990 is available
for review on that site. However, answer “No” if the organization
merely informed its governing body members that a copy of the
Form 990 is available upon request. Answer “No” if the
organization redacted or removed any information from the copy
of its final Form 990 that it provided to its governing body
members before filing the form. For example, answer “No” if the
organization, at the request of a donor, redacted the name and
address of that donor from the copy of its Form 990, Schedule B,
that it provided to its governing body members. Under those
circumstances, the organization may explain on Schedule O
(Form 990) why it answered “No” to line 11a.
Line 9. The IRS needs a current mailing address to contact the
organization's officers, directors, trustees, or key
employees. The organization can use its official mailing
address stated on the first page of Form 990 as the mailing
address for such persons. Otherwise, enter on Schedule O
(Form 990) the mailing addresses for such persons who are to
be contacted at a different address. Such information will be
available to the public.
Section B. Policies
Answer “Yes” to any question in this section that asks whether
the organization had a particular policy or practice only if the
organization's governing body (or a committee of the governing
body, if the governing body delegated authority to that
committee to adopt the policy) adopted the policy by the end of
its tax year, and if the policy applied to the organization as a
whole. If the policy applied only on a division-wide or
department-wide level, answer “No.” The organization may
explain the scope of such policy on Schedule O (Form 990).
2021 Instructions for Form 990
Line 11b. Describe on Schedule O (Form 990) the process, if
any, by which any of the organization's officers, directors,
trustees, board committee members, or management reviewed
the prepared Form 990, whether before or after it was filed with
the IRS, including specifics about who conducted the review,
when they conducted it, and the extent of any such review. If no
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review was or will be conducted, enter “No review was or will be
conducted.”
Certain federal or state laws provide protection against
TIP whistleblower retaliation and prohibit destruction of
Example. The return preparer emails a copy of the final
version of Form 990 to each Board member before it was filed.
However, no Board member undertakes any review of the form
either before or after filing. Because such a copy of the final
version of the form was provided to each voting member of the
organization's governing body before it was filed, the
organization can answer “Yes” even though no review took
place. The organization must describe its Form 990 review
process (or lack thereof) on Schedule O (Form 990).
certain documents. For instance, while the federal
Sarbanes-Oxley legislation generally doesn't pertain to
tax-exempt organizations, it does impose criminal liability on
tax-exempt as well as other organizations for (1) retaliation
against whistleblowers that report federal offenses, and (2) for
destruction of records with the intent to obstruct a federal
investigation. See 18 U.S.C. sections 1513(e) and 1519. Also
note that an organization is required to keep books and records
relevant to its tax exemption and its filings with the IRS. Some
states provide additional protection for whistleblowers.
DRAFT AS OF
November 9, 2021
Line 12a. Answer “Yes” if, as of the end of the organization's tax
year, the organization had a written conflict of interest policy.
A conflict of interest policy defines conflicts of interest, identifies
the classes of individuals within the organization covered by the
policy, facilitates disclosure of information that can help identify
conflicts of interest, and specifies procedures to be followed in
managing conflicts of interest. A conflict of interest arises when a
person in a position of authority over an organization, such as an
officer, director, manager, or key employee can benefit
financially from a decision he or she could make in such
capacity, including indirect benefits such as to family members
or businesses with which the person is closely associated. For
this purpose, a conflict of interest doesn't include questions
involving a person's competing or respective duties to the
organization and to another organization, such as by serving on
the boards of both organizations, that don't involve a material
financial interest of, or benefit to, such person.
Line 15. Answer “Yes” on line 15a if, during the tax year, the
organization (not a related organization or other third party)
used a process for determining compensation (reported on
Part VII or Schedule J (Form 990), Compensation Information) of
the CEO, executive director, or other person who is the top
management official, that included all of the following
elements.
• Review and approval by a governing body or compensation
committee, provided that persons with a conflict of interest
regarding the compensation arrangement at issue weren't
involved. For purposes of this question, a member of the
governing body or compensation committee has a conflict of
interest regarding a compensation arrangement if any of the
following circumstances apply.
1. The member (or a family member of the member) is
participating in or economically benefitting from the
compensation arrangement.
2. The member is in an employment relationship subject to
the direction or control of any person participating in or
economically benefitting from the compensation arrangement.
3. The member receives compensation or other payments
subject to approval by any person participating in or
economically benefitting from the compensation arrangement.
4. The member has a material financial interest affected by
the compensation arrangement.
5. The member approves a transaction providing economic
benefits to any person participating in the compensation
arrangement, who in turn has approved or will approve a
transaction providing economic benefits to the member. See
Regulations section 53.4958-6(c)(1)(iii).
• Use of data as to comparable compensation for similarly
qualified persons in functionally comparable positions at
similarly situated organizations.
• Contemporaneous documentation and recordkeeping for
deliberations and decisions regarding the compensation
arrangement.
Answer “Yes” on line 15b if the process for determining
compensation of one or more officers or key employees other
than the top management official included all of the elements
listed above.
If the answer was “Yes” on line 15a or 15b, describe the
process on Schedule O (Form 990), identify the offices or
positions for which the process was used to establish
compensation of the persons who served in those offices or
positions, and enter the year in which this process was last
undertaken for each such person.
If the organization didn't compensate its CEO, executive
director, or top management official during the tax year, answer
“No” to line 15a. If the organization didn't compensate any of its
other officers or key employees during the tax year, even if such
employees were compensated by a related organization, answer
“No” to line 15b.
Example. B is a member of the governing body of X Charity
and of Y Charity, both of which are section 501(c)(3) public
charities with different charitable purposes. X Charity has taken
a public stand in opposition to a specific legislative proposal. At
an upcoming board meeting, Y Charity will consider whether to
publicly endorse the same specific legislative proposal. While B
may have a conflict of interest in this decision, the conflict
doesn't involve a material financial interest of B's merely as a
result of Y Charity's position on the legislation.
Line 12b. Answer “Yes” if the organization's officers,
directors, trustees, and key employees are required to
disclose or update annually (or more frequently) information
regarding their interests and those of their family members that
could give rise to conflicts of interest, such as a list of family
members, substantial business or investment holdings, and
other transactions or affiliations with businesses and other
organizations and those of family members.
Line 12c. If “Yes” on line 12c, describe on Schedule O (Form
990) the organization's practices for monitoring proposed or
ongoing transactions for conflicts of interest and dealing with
potential or actual conflicts, whether discovered before or after
the transaction has occurred. The description should include an
explanation of which persons are covered under the policy, the
level at which determinations of whether a conflict exists are
made, and the level at which actual conflicts are reviewed. Also
explain any restrictions imposed on persons with a conflict, such
as prohibiting them from participating in the governing body's
deliberations and decisions in the transaction.
Lines 13 and 14. A whistleblower policy encourages staff and
volunteers to come forward with credible information on illegal
practices or violations of adopted policies of the organization,
specifies that the organization will protect the individual from
retaliation, and identifies those staff or board members or
outside parties to whom such information can be reported. A
document retention and destruction policy identifies the record
retention responsibilities of staff, volunteers, board members,
and outsiders for maintaining and documenting the storage and
destruction of the organization's documents and records.
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2021 Instructions for Form 990
listed on Schedule B (Form 990)) of any such forms during the
tax year.
If “Other” is checked, explain on Schedule O (Form 990). Also
explain on Schedule O (Form 990) if the organization didn't
make publicly available upon request any of Forms 1023,
1023-EZ, 1024, 1024-A, 990, or 990-T that are subject to public
inspection requirements. Exempt organizations must make
available for public inspection their Form 1023, 1023-EZ, 1024,
or 1024-A application for recognition of exemption. Applications
filed before July 15, 1987, need not be made publicly available
unless the organization had a copy on July 15, 1987.
Organizations that file Form 990 must make it publicly
available for a period of 3 years from the date it is required to be
filed (including extensions) or, if later, is actually filed.
Organizations aren't required to make publicly available the
names and addresses of contributors (as set forth on
Schedule B (Form 990), and on Form 1023, 1023-EZ, 1024, or
1024-A). Section 501(c)(3) organizations that file Form 990-T
are also required to make their Forms 990-T publicly available
for the corresponding 3-year period for forms filed after August
17, 2006 (unless the form was filed solely to request a refund of
telephone excise taxes). See Appendix D for more information
on public inspection requirements.
Line 16. Answer “Yes” on line 16a if, at any time during its tax
year, the organization invested in, contributed assets to, or
otherwise participated in a joint venture or similar arrangement
with one or more taxable persons. For purposes of line 16, a joint
venture or similar arrangement (or a “venture or arrangement”)
means any joint ownership or contractual arrangement through
which there is an agreement to jointly undertake a specific
business enterprise, investment, or exempt-purpose activity
without regard to (1) whether the organization controls the
venture or arrangement, (2) the legal structure of the venture or
arrangement, or (3) whether the venture or arrangement is
treated as a partnership for federal income tax purposes, or as
an association, or corporation for federal income tax purposes.
Disregard ventures or arrangements that meet both of the
following conditions.
1. 95% or more of the venture's or arrangement's income for
its tax year ending with or within the organization's tax year is
described in section 512(b)(1)–(5) (including unrelated
debt-financed income).
2. The primary purpose of the organization's contribution to,
or investment or participation in, the venture or arrangement is
the production of income or appreciation of property.
DRAFT AS OF
November 9, 2021
Answer “Yes” on line 16b if, as of the end of the organization's
tax year, the organization had both:
1. Followed a written policy or procedure that required the
organization to negotiate, in its transactions and arrangements
with other members of the venture or arrangement, such terms
and safeguards as are adequate to ensure that the
organization's exempt status is protected; and
2. Taken steps to safeguard the organization's exempt
status for the venture or arrangement.
Line 19. Explain on Schedule O (Form 990) whether the
organization made its governing documents (for example,
articles of incorporation, constitution, bylaws, trust instrument),
conflict of interest policy, and financial statements (whether
or not audited) available to the general public during the tax
year, and if so, how it made them available to the public (for
example, posting on the organization's website, posting on
another website, providing copies on request, inspection at an
office of the organization, etc.). If the organization didn't make
any of these documents available to the public, enter “No
documents available to the public.”
Federal tax law doesn't require that such documents be made
publicly available unless they were included on a form that is
publicly available (such as Form 1023, 1023-EZ, 1024, or
1024-A).
Some examples of safeguards include the following.
• Control over the venture or arrangement sufficient to ensure
that the venture furthers the exempt purpose of the organization.
• Requirements that the venture or arrangement give priority to
exempt purposes over maximizing profits for the other
participants.
• The venture or arrangement not engage in activities that
would jeopardize the organization's exemption (such as political
intervention or substantial lobbying for a section 501(c)(3)
organization).
• All contracts entered into with the organization be on terms
that are at arm's length or more favorable to the organization.
Line 20. Provide the name of the person who possesses the
organization's books and records, and the business address and
telephone number of such person (or of the organization if the
books and records are kept by such person at a personal
residence). If the books and records are kept at more than one
location, provide the name, business address, and telephone
number of the person responsible for coordinating the
maintenance of the books and records. The organization isn't
required to provide the address or telephone number of a
personal residence of an individual. If provided, however, such
information will be available to the public.
Section C. Disclosure
Line 17. List the states with which a copy of this Form 990 is
required to be filed, even if the organization hasn't yet filed Form
990 with that state. Use Schedule O (Form 990) if additional
space is necessary.
Part VII. Compensation of Officers,
Directors, Trustees, Key Employees,
Highest Compensated Employees,
and Independent Contractors
Some states require or permit the filing of Form 990 to
TIP fulfill state exempt organization or charitable solicitation
reporting requirements.
Line 18. Check the box for “Own website” only if the
organization posted an exact reproduction (other than for
information permitted by law to be withheld from public
disclosure, such as the names and addresses of contributors
listed on Schedule B (Form 990)) of its Form 990, Form 990-T
(for section 501(c)(3) organizations), or application for
recognition of exemption (Form 1023, 1023-EZ, 1024, or
1024-A) on its website during its tax year. Check the box for
“Another's website” only if the organization provided to another
individual or organization and that other individual or
organization posted on its website, an exact reproduction (other
than for information permitted by law to be withheld from public
disclosure, such as the names and addresses of contributors
2021 Instructions for Form 990
Check the box in the heading of Part VII if Schedule O (Form
990) contains any information pertaining to this part.
Overview. Form 990, Part VII, requires the listing of the
organization's current or former officers, directors, trustees,
key employees, and highest compensated employees, and
current independent contractors, and reporting of certain
compensation information relating to such persons.
All organizations are required to complete Part VII, and when
applicable, Schedule J (Form 990), for certain persons.
Compensation must be reported for the calendar year ending
with or within the organization's tax year. In some cases,
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Special rules apply to disregarded entities of which the
organization is the sole member. See the instructions for
Disregarded Entities, later.
To determine which persons are current or former officers,
directors, trustees, key employees, or highest compensated
employees, see the instructions for Part VII, Section A, column
(C), later.
persons are reported in Part VII or Schedule J (Form 990) only if
their reportable compensation (as explained below) and
“other compensation” (as explained below) from the organization
and related organizations (as explained in the Glossary and in
the Instructions for Schedule R (Form 990)) exceeds certain
thresholds. In some cases, compensation from an unrelated
organization must be reported on Form 990. See the
instructions for Part VII, Section A, line 5, later. The amount of
compensation reported on Form 990, Part VII, for a listed person
may differ from the amount reported on Form 990, Part IX, line 5,
for that person due to factors such as a different accounting
period (calendar vs. fiscal year) or a different accounting
method.
Order of reporting. List the persons required to be included in
Part VII, Section A, in order from highest to lowest compensation
based on the sum of columns (D), (E), and (F) for each person.
When the amount of total compensation is the same, list the
persons in the following order: individual trustees or directors,
institutional trustees, officers, key employees, highest
compensated employees, and former such persons.
DRAFT AS OF
November 9, 2021
Form 990, Part VII, relies on definitions of reportable
compensation and other compensation. Reportable
compensation generally refers to compensation reported in
box 1 or 5 (whichever amount is greater) of Form W-2, Wage
and Tax Statement; box 1 of Form 1099-NEC; box 6 of Form
1099-MISC. Organizations must also report other compensation
in Part VII, as discussed in the instructions for Part VII,
Section A, column (F), later.
Fiscal year filers. To determine which persons are listed in
Part VII, Section A, the organization must use the calendar year
ending with or within the organization's fiscal year for some
(those whose compensation must exceed minimum thresholds
in order to be reported) and the fiscal year for others. Report
officers, directors, and trustees that served at any time during
the fiscal year as “current” officers, directors, and trustees.
Report the following persons based on reportable
compensation and status for the calendar year ending within
the fiscal year.
• Current key employees (over $150,000 of reportable
compensation from the organization and related
organizations).
• Current five highest compensated employees (over
$100,000 of reportable compensation from the organization and
related organizations), other than current officers, directors,
trustees, and key employees.
• Former officers, key employees, and five highest
compensated employees (over $100,000 of reportable
compensation from the organization and related organizations,
with special rules for former highest compensated employees).
• Former directors and trustees (over $10,000 of reportable
compensation for services in the capacity as director or trustee
of the organization, from the organization and related
organizations).
Report compensation on Form 990, Part VII, for the calendar
year ending within the organization's fiscal year, including that
of current officers, directors, and trustees, even if the fiscal year
is used to determine which such persons must be listed in Part
VII.
Organizations must report compensation for both current and
former officers, directors, trustees, key employees, and highest
compensated employees. The distinction between current and
former such persons is discussed below. The determination of
“former” uses a 5-year look-back period.
Organizations must report compensation from themselves
and from related organizations, which generally consist of
parents, subsidiaries, brother/sister organizations, supporting
organizations, supported organizations, sponsoring
organizations of voluntary employees' beneficiary associations
(VEBAs), and contributing employers to VEBAs. See the
Instructions for Schedule R (Form 990) for a fuller discussion of
related organizations.
Part VII, Section A, requires reporting of officers, directors,
trustees, key employees, and up to five of the organization's
highest compensated employees. Compensation from related
organizations must also be taken into account in determining a
person's compensation and reported in Part VII, Section A,
columns (E) and (F).
Section B requires reporting of the five highest compensated
independent contractors. Section B doesn't require reporting of
compensation from related organizations.
Director or trustee. A “director or trustee” is a member of the
organization's governing body, but only if the member has
voting rights. A director or trustee that served at any time during
the organization's tax year is deemed a current director or
trustee. Members of advisory boards that don't exercise any
governance authority over the organization aren't considered
directors or trustees.
An “institutional trustee” is a trustee that isn't an individual or
natural person but an organization. For instance, a bank or trust
company serving as the trustee of a trust is an institutional
trustee.
Section A. Officers, Directors, Trustees, Key
Employees, and Highest Compensated
Employees
Overview. Organizations are required to enter in Part VII,
Section A, the following officers, directors, trustees, and
employees of the organization whose reportable
compensation from the organization and related
organizations (as explained in the Glossary and the
Instructions for Schedule R (Form 990)) exceeded the following
thresholds for the tax year.
• Current officers, directors, and trustees (no minimum
compensation threshold).
• Current key employees (over $150,000 of reportable
compensation).
• Current five highest compensated employees other than
officers, directors, trustees, or listed key employees (over
$100,000 of reportable compensation).
• Former officers, key employees, and highest compensated
employees (over $100,000 of reportable compensation, with
special rules for former highest compensated employees).
• Former directors and trustees (over $10,000 of reportable
compensation in the capacity as a former director or trustee).
Officer. An officer is a person elected or appointed to manage
the organization's daily operations. An officer that served at any
time during the organization's tax year is deemed a current
officer. The officers of an organization are determined by
reference to its organizing document, bylaws, or resolutions of
its governing body, or as otherwise designated consistent with
state law, but, at a minimum, include those officers required by
applicable state law. Officers can include a president, vice
president, secretary, treasurer, and, in some cases, a Board
Chair. In addition, for purposes of Form 990, including Part VII,
Section A, and Schedule J (Form 990), treat as an officer the
following persons, regardless of their titles.
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2021 Instructions for Form 990
In the examples set forth below, assume the individual
involved is an employee that satisfies the $150,000 Test and
Top 20 Test and isn't an officer, director, or trustee.
1. Top management official. The person who has ultimate
responsibility for implementing the decisions of the governing
body or for supervising the management, administration, or
operation of the organization, for example, the organization's
president, CEO, or executive director.
2. Top financial official. The person who has ultimate
responsibility for managing the organization's finances, for
example, the organization's treasurer or chief financial officer.
Example 1. T is a large section 501(c)(3) university. L is the
dean of the law school of T, which generates more than 10% of
the revenue of T, including contributions from alumni and
foundations. Although L doesn't have ultimate responsibility for
managing the university as a whole, L meets the Responsibility
Test and is reportable as a key employee of T.
DRAFT AS OF
November 9, 2021
If ultimate responsibility resides with two or more individuals (for
example, co-presidents or co-treasurers), who can exercise
such responsibility in concert or individually, then treat all such
individuals as officers.
Example 2. S chairs a small academic department in the
College of Arts and Sciences of the same university, T,
described above. As department chair, S supervises faculty in
the department, approves the course curriculum, and oversees
the operating budget for the department. The department
represents less than 10% of the university's activities, assets,
income, expenses, capital expenditures, operating budget, and
employee compensation. Under these facts and circumstances,
S doesn't meet the Responsibility Test and isn't a key employee
of T.
Key employee. For purposes of Form 990, a current key
employee is an employee of the organization (other than an
officer, director, or trustee) who meets all three of the
following tests, applied in the following order.
1. $150,000 Test: Receives reportable compensation
from the organization and all related organizations in excess of
$150,000 for the calendar year ending with or within the
organization's tax year.
2. Responsibility Test: At any time during the calendar year
ending with or within the organization's tax year:
a. Has responsibilities, powers, or influence over the
organization as a whole that is similar to those of officers,
directors, or trustees;
b. Manages a discrete segment or activity of the
organization that represents 10% or more of the activities,
assets, income, or expenses of the organization, as compared to
the organization as a whole; or
c. Has or shares authority to control or determine 10% or
more of the organization's capital expenditures, operating
budget, or compensation for employees.
3. Top 20 Test: Is one of the 20 employees other than
officers, directors, and trustees who satisfy the $150,000 Test
and Responsibility Test with the highest reportable
compensation from the organization and related organizations
for the calendar year ending with or within the organization's tax
year.
Example 3. U is a large acute-care section 501(c)(3)
hospital. U employs X as a radiologist. X gives instructions to
staff for the radiology work X conducts, but X doesn't supervise
other U employees, manage the radiology department, or have
or share authority to control or determine 10% or more of U's
capital expenditures, operating budget, or employee
compensation. Under these facts and circumstances, X doesn't
meet the Responsibility Test and isn't a key employee of U.
Example 4. W is a cardiologist and head of the cardiology
department of the same hospital U, described above. The
cardiology department is a major source of patients admitted to
U and consequently represents more than 10% of U's income,
as compared to U as a whole. As department head, W manages
the cardiology department. Under these facts and
circumstances, W meets the Responsibility Test and is a key
employee of U.
Five highest compensated employees. The organization is
required to enter its current five highest compensated
employees whose reportable compensation combined from
the organization and related organizations is greater than
$100,000 for the calendar year ending with or within the
organization's tax year and who aren't also current officers,
directors, trustees, or key employees of the organization.
Such individuals are the “current” five highest compensated
employees. These can include persons who meet some but not
all of the tests for key employee status. The organization isn't
required to enter more than the top five such persons, ranked by
amount of reportable compensation. Use the calendar year
ending with or within the organization's tax year for determining
the organization's current five highest compensated employees.
If the organization has more than 20 individuals who meet the
$150,000 Test and Responsibility Test, report as key
employees only the 20 individuals who have the highest
reportable compensation from the organization and related
organizations. Note that any others, up to five, might be
reportable as current highest compensated employees, with
over $100,000 in reportable compensation. Use the calendar
year ending with or within the organization's tax year for
determining the organization's current key employees.
An individual that isn't an employee of the organization (or of
a disregarded entity of the organization) is nonetheless treated
as a key employee if he or she serves as an officer or director of
a disregarded entity of the organization and otherwise meets the
standards of a key employee set forth above. See Disregarded
Entities, later, for treatment of certain employees of a
disregarded entity as a key employee of the organization.
If an employee is a key employee of the organization for only
a portion of the year, that person's entire compensation for the
calendar year ending with or within the organization's tax year,
from both the filing organization and related organizations,
should be reported in Part VII, Section A.
Management companies and similar entities that are
independent contractors shouldn't be reported as key
employees. The organization's top management official and
top financial official are deemed officers rather than key
employees.
2021 Instructions for Form 990
Example. X is an employee of Y University and isn't an
officer, director, or trustee. X's reportable compensation for the
calendar year exceeds $150,000, and X meets the
Responsibility Test. X would qualify as a key employee of Y,
except that 20 employees had higher reportable compensation
and otherwise qualify as key employees. Therefore, those 20 are
listed as the organization's key employees. X has the highest
reportable compensation from the organization and related
organizations of all employees other than the 20 key employees.
X must be listed as one of the organization's five highest
compensated employees.
$10,000 exceptions for reporting compensation. Report
compensation paid or accrued by the filing organization and
related organizations. Special rules apply for reporting
reportable compensation and other compensation.
All reportable compensation paid by the filing organization
must be reported. Reportable compensation paid by a related
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reported in box 2 of Form 1042-S, Foreign Person's U.S. Source
Income Subject to Withholding, then treat this income as
reportable compensation and report it in Part VII, Section A,
column (D) or (E). For foreign persons for whom compensation
reporting on Form W-2, Form 1099-NEC, Form 1099-MISC, or
Form 1042-S isn't required, treat as reportable compensation in
column (D) or (E) the total value of the compensation paid in the
form of cash or property during the calendar year ending with or
within the organization's tax year. Report other compensation
from foreign organizations as “other compensation” in column
(F).
To determine whether an individual received more than
$100,000 (or $150,000) in reportable compensation in the
aggregate from the filing organization (and, as discussed later,
certain third parties such as common paymasters, payroll/
reporting agents, and certain unrelated organizations,
compensation from which is considered compensation from the
filing organization) and related organizations, add the
following amounts.
• The amount reported in box 1 or 5 of Form W-2 (whichever
amount is greater), in box 1 of Form 1099-NEC, and/or in box 6
of Form 1099-MISC, issued to the individual by the organization.
• Amounts reported in box 1 or 5 of Form W-2 (whichever
amount is greater), in box 1 of Form 1099-NEC, or in box 6 of
Form 1099-MISC, issued to the individual by each related
organization that reported $10,000 or more.
To determine whether an individual received solely in his or
her capacity as a former trustee or director of the organization
more than $10,000 in reportable compensation for the calendar
year ending with or within the organization's tax year, in the
aggregate, from the organization and all related organizations
(and thus must be reported on Form 990, Part VII, and
Schedule J (Form 990), Part II), add the amounts reported in
box 1 of all Forms 1099-NEC, box 6 of all Forms 1099-MISC,
and, if relevant, box 1 or 5 of all Forms W-2 (whichever amount
is greater) issued to the individual by the organization and all
related organizations for the calendar year ending with or within
the organization's tax year. Report such amounts only to the
extent that such amounts relate to the individual's past services
as a trustee or director of the organization, and don't disregard
any payments from a related organization if below $10,000, for
such purpose.
organization isn't required to be reported unless (1) it is $10,000
or more for the calendar year ending with or within the
organization's tax year (the “$10,000-per-related-organization
exception”), or (2) it is paid for past services to the filing
organization in the person's capacity as a former director or
trustee.
A particular item of other compensation (such as listed in the
compensation table, later) paid or accrued by the filing
organization isn't required to be reported unless (1) it is $10,000
or more for the calendar year ending with or within the
organization's tax year (the “$10,000-per-item exception”), or (2)
it is one of the five types of compensation (generally constituting
deferred compensation (including retirement plan benefits) and
health benefits) that must be reported regardless of amount (see
the instructions for column (F)). The same principles apply to
items of other compensation paid or accrued by a related
organization (applied separately to each related organization).
DRAFT AS OF
November 9, 2021
!
The $10,000 exceptions don't apply to reporting
compensation on Schedule J (Form 990), Part II.
CAUTION
Reportable compensation. Reportable compensation
consists of:
• For officers and other employees, amounts required to be
reported in box 1 or 5 of Form W-2 (whichever amount is
greater) (as well as in box 1 of Form 1099-NEC, and/or in box 6
of Form 1099-MISC if the officer or employee is also
compensated as an independent contractor of the filing
organization or a related organization);
• For directors and individual trustees, amounts required to
be reported in box 1 of Form 1099-NEC; and/or in box 6 of Form
1099-MISC for director and other independent contractor
services to the organization or a related organization, plus
amounts required to be reported in box 1 or 5 of Form W-2
(whichever amount is greater) if also compensated as an officer
or employee of the filing organization or a related organization;
and
• For institutional trustees, fees for services paid pursuant to
a contractual agreement or statutory entitlement. While the
compensation of institutional trustees must be reported on Form
990, Part VII, it need not be reported on Schedule J (Form 990).
If the organization didn't file a Form 1099-NEC or Form
1099-MISC because the amounts paid were below the threshold
reporting requirement, then include and report the amount
actually paid. For a full definition of reportable compensation,
see Glossary.
Other compensation. Other compensation includes
compensation other than reportable compensation, including
deferred compensation not currently reportable in box 1 or 5 of
Form W-2, box 1 of Form 1099-NEC, or box 6 of Form
1099-MISC, and certain nontaxable benefits, as discussed in
detail in the instructions for Schedule J (Form 990), Part II. See
the instructions for other compensation reported in column (F),
later, which includes a table to show where and how to report
certain types of compensation in Part VII, Section A, and
Schedule J (Form 990).
Corporate officers are considered employees for
TIP purposes of Form W-2 reporting, unless they perform no
services as officers, or perform only minor services and
neither receive nor are entitled to receive, directly or indirectly,
any compensation. Corporate directors are considered
independent contractors, not employees, and director
compensation, if any, is generally required to be reported on
Form 1099-NEC. See Regulations section 31.3401(c)-1(f).
Note. Don't report the same item of compensation in more than
one column of Part VII, Section A, for the tax year.
For certain kinds of employees and for retirees, the amount in
box 5 of Form W-2 can be zero or less than the amount in box 1
of Form W-2. For instance, recipients of disability pay, certain
members of the clergy, and religious workers who aren't subject
to social security and Medicare taxes as employees can receive
compensation that isn't reported in box 5. In that case, the
amount required to be reported in box 1 of Form W-2 must be
reported as reportable compensation.
If an officer, director, trustee, key employee, or highest
compensated employee of the organization is a foreign person
who received U.S. source income during the calendar year
ending with or within the organization's tax year from the filing
organization or a related organization, and if such income was
Disregarded entities. Disregarded entities (such as a limited
liability company that is wholly owned by the organization and
not treated as a separate entity for federal tax purposes) are
generally treated as part of the organization rather than as
related organizations for purposes of Form 990, including Part
VII and Schedule J (Form 990). A person isn't considered an
officer or director of the organization by virtue of being an
officer or director of a disregarded entity, but he or she can
qualify as a key employee or highest compensated
employee of the organization. An officer, director, or employee
of a disregarded entity is a key employee of the organization if
he or she meets the $150,000 Test and Top 20 Test for the filing
organization as a whole, and if, for the Responsibility Test, the
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2021 Instructions for Form 990
Compensation from common paymasters, payroll/reporting
agents, and unrelated organizations or individuals (except for
compensation from management companies or leasing
companies, and compensation described in Taxable
organization employee exception, later) must be treated as
reportable compensation in determining whether the dollar
thresholds are met for reporting (1) current or former employees
as current or former key employees or highest compensated
employees; or (2) former officers, directors, or trustees, on Form
990, Part VII, Section A. If the Form 990, Part VII, thresholds for
reporting are met, then the compensation from the common
paymaster, payroll/reporting agent, or unrelated organization or
individual must be reported as compensation from the filing
organization in Part VII. The compensation may also need to be
reported on Schedule J (Form 990), Part II (see the instructions
for Form 990, Part VII, Section A, line 5).
person has responsibilities, powers, or influence over a discrete
segment or activity of the disregarded entity that represents at
least 10% of the activities, assets, income, or expenses of the
filing organization as a whole, or has or shares authority to
control or determine the disregarded entity's capital
expenditures, operating budget, or compensation for employees
that is at least 10% of the filing organization's respective items
as a whole. If an officer or director of a disregarded entity also
serves as an officer, director, trustee, or key employee of the
organization, report this individual as an officer, director, trustee,
or key employee, as applicable, of the organization, and add the
compensation, if any, paid by the disregarded entity to this
individual to the compensation, if any, paid directly by the
organization to this individual. Report the total aggregate amount
in column (D).
DRAFT AS OF
November 9, 2021
A disregarded entity must generally use the EIN of its
TIP sole member. An exception applies to employment
The use of a leasing company, common paymaster,
payroll/reporting agent, or other payroll service provider
CAUTION doesn't relieve an employer of its obligation for
employment tax liabilities. The IRS strongly suggests that the
organization doesn't change its address to that of its payroll
service provider or other third-party payer. Doing so could limit
the organization’s ability to stay informed of tax matters,
because the IRS sends correspondence regarding problems
with an employer's account to the employer's address of record.
Alternatively, an employer may grant permission for a third-party
payer to receive copies of IRS correspondence by using Form
8822-B; Form 2848, Power of Attorney and Declaration of
Representative; or Form 8655, Reporting Agent Authorization,
as appropriate.
taxes: for wages paid to employees of a disregarded
entity, the disregarded entity must file separate employment tax
returns and use its own EIN on such returns. See Regulations
sections 301.6109-1(h) and 301.7701-2(c)(2)(iv).
!
Management companies. Management companies, as
independent contractors, are reported on Form 990, Part VII
(if at all) only in Section B. Independent Contractors, and aren't
reported on Schedule J (Form 990), Part II. If a current or former
officer, director, trustee, or key employee has a relationship
with a management company that provides services to the
organization, then the relationship may be reportable on
Schedule L (Form 990), Part IV. A key employee of a
management company must be reported as a current officer of
the filing organization if he or she is the filing organization's top
management official or top financial official or is designated
as an officer of the filing organization. However, that person
doesn't qualify as a key employee of the filing organization solely
on the basis of being a key employee of the management
company. If a current or former officer, director, trustee, key
employee, or highest compensated employee received
compensation from a management company that provided
services to the organization and was a related organization
during the tax year, then the individual's compensation from the
management company must be reported on Form 990, Part VII,
Section A, columns (E) and (F). If the management company
wasn't a related organization during the tax year, the individual’s
compensation from the management company isn't reportable in
Part VII, Section A. Questions pertaining to management
companies also appear on Form 990, Part VI, line 3, and
Schedule H (Form 990), Part IV.
Compensation from unrelated organizations or individuals.
If a current or former officer, director, trustee, key employee,
or highest compensated employee received or accrued
compensation or payments from an unrelated organization
(other than from management companies or leasing
companies, as discussed above) or an individual for services
rendered to the filing organization in that person's capacity as an
officer, director, trustee, or employee of the filing organization,
then the filing organization must report (subject to the Taxable
organization employee exception next) such amounts as
compensation from the filing organization if it has knowledge of
the arrangement, whether or not the unrelated organization or
the individual treats the amounts as compensation, grants,
contributions, or otherwise. Report such compensation from
unrelated organizations in Section A, columns (D) and (F), as
appropriate. If the organization can't distinguish between
reportable compensation and other compensation from the
unrelated organization, report all such compensation in column
(D).
Taxable organization employee exception. Don't report as
compensation any payments from an unrelated taxable
organization that employs the individual and continues to pay the
individual's regular compensation while the individual provides
services without charge to the filing organization, but only if the
unrelated organization doesn't treat the payments as a charitable
contribution to the filing organization.
Employee leasing companies and professional employer
organizations. In some cases, instead of hiring a management
company, an exempt organization “leases” one or more
employees from another company, which may be in the
business of leasing employees. Alternatively, the organization
may enter into an agreement with a professional employer
organization to perform some or all of the federal employment
tax withholding, reporting, and payment functions related to
workers performing services for the organization. The
organization should treat employees of an employee leasing
company, a professional employer organization (whether or not
certified under the new Certified Professional Employer
Organization), or a management company as the organization's
own employees if such persons are common law employees of
the filing organization under state law. Otherwise, the
compensation paid to leasing companies and professional
employer organizations should be treated like compensation to a
management company for purposes of Form 990 compensation
reporting.
2021 Instructions for Form 990
Column (A). For each person required to be listed, enter the
name on the top of each row and the person's title or position
with the organization on the bottom of the row. If more than one
title or position, list all. List persons in the order described in
Order of reporting, earlier. List each person on only one line.
Column (B). For each person listed in column (A), estimate the
average hours per week devoted to the organization during the
year. Entry of a specific number is required for a complete
answer. Enter “-0-” if applicable. Don't include statements such
as “as needed,” “as required,” or “40+.” If the average is less
-29-
organization's tax year either (1) by the organization in a lesser
capacity other than as an officer, director, trustee, key employee,
or highest compensated employee; or (2) by a related
organization in any capacity, but not by the filing organization,
and if the person received reportable compensation that
exceeded the threshold amount described above, then check
only the “Former” box. For example, don't check both the
“Former” and “Officer” boxes for a former president of the
organization who wasn't an officer of the organization during the
tax year.
Whether or not the organization files Form 990 based on a
fiscal year, use the calendar year ending within the
organization's tax year to determine all “former” officers,
directors, trustees, key employees, and five highest
compensated employees (because their status depends on their
reportable compensation, which is reported for the calendar
year).
Check the “Former” box for the former five highest
compensated employees only if all four conditions below apply.
1. The individual wasn't an employee of the organization at
any time during the calendar year ending with or within the
organization's tax year.
2. The individual was reported (or should have been
reported, under the instructions in effect for such years) on any
of the organization's Forms 990, 990-EZ, or 990-PF for one or
more of the 5 prior years as one of the five highest compensated
employees.
3. The individual's reportable compensation exceeded
$100,000 for the calendar year ending with or within the
organization's tax year.
4. The amount of the individual's reportable compensation
for such year would place him or her among the organization's
current five highest compensated employees if the individual
were an employee during the calendar year ending with or within
the organization's tax year.
than 1 hour per week, then the organization can enter a decimal
rounded to the nearest tenth (for example, 0.2 hours per week).
For each person listed in column (A), list below the dotted line
an estimate of the average hours per week (if any) devoted to
related organizations.
Column (C). For each person listed in column (A), check the
box that reflects the person's position with the organization
during the tax year. Don't check more than one box, unless the
person was both an officer and a director/trustee of the
organization during the tax year. For a former officer, director,
trustee, key employee, or highest compensated employee,
check only the “Former” box and indicate the former status in the
person's title.
“Current” officers, directors, trustees, key employees,
and highest compensated employees. A “current” officer,
director, or trustee is a person that was an officer, director, or
trustee at any time during the organization's tax year. A “current”
key employee or highest compensated employee is a
person who was an employee at any time during the calendar
year ending with or within the organization's tax year, and was a
key employee or highest compensated employee for such
calendar year.
If the organization files Form 990 based on a fiscal year, use
the fiscal year to determine the organization's “current” officers,
directors, and trustees. Whether or not the organization files
Form 990 based on a fiscal year, use the calendar year ending
with or within the organization's tax year to determine the
organization's “current” key employees and five highest
compensated employees.
Don't check the “Former” box if the person was a current
officer, director, or trustee at any time during the organization's
tax year, or a current key employee or among the five highest
compensated employees for the calendar year ending with or
within the organization's tax year. A current employee (other
than a current officer, director, trustee, key employee, or highest
compensated employee) can be reported on Form 990, Part VII,
and Schedule J (Form 990), Part II, as (1) a former director or
trustee because he or she served as a director or trustee within
the last 5 years, and received more than $10,000 in reportable
compensation for the calendar year ending with or within the
organization’s tax year in his or her capacity as a former director
or trustee; or (2) a former officer or key employee (but not as a
former highest compensated employee) because he or she
served as an officer or key employee within the last 5 years and
received more than $100,000 of reportable compensation for the
calendar year ending with or within the organization’s tax year. In
such a case, indicate the individual's former position in his or her
title (for example, “former president”).
“Former” officers, directors, trustees, key employees,
and highest compensated employees. Check the “Former”
box for former officers, directors, trustees, and key employees
only if both conditions below apply.
• The organization reported (or should have reported, applying
the instructions in effect for such years) an individual on any of
the organization's Forms 990, 990-EZ or 990-PF, for any one or
more of the 5 prior years in one or more of the following
capacities: officer, director, trustee, or key employee.
• The individual received reportable compensation, from the
organization and/or related organizations, in the calendar year
ending with or within the organization's current tax year in
excess of the threshold amount ($100,000 for former officers
and key employees; $10,000 paid to former directors and
trustees for services rendered in their former capacity as
directors or trustees).
If a person was reported (or should have been reported) as
an officer, director, trustee, or key employee on any of the
organization's prior five Forms 990, 990-EZ, or 990-PF, and if
the person was still employed at any time during the
DRAFT AS OF
November 9, 2021
Example 1. X was reported as one of Y Charity's five highest
compensated employees on one of Y's Forms 990, 990-EZ, or
990-PF from 1 of its 5 prior tax years. During Y’s tax year, X
wasn't a current officer, director, trustee, key employee, or
highest compensated employee of Y. X wasn't an employee of Y
during the calendar year ending with or within Y's tax year.
During this calendar year, X received reportable compensation
in excess of $100,000 from Y for past services and would be
among Y's five highest compensated employees if X were a
current employee. Y must report X as a former highest
compensated employee on Y's Form 990, Part VII, Section A, for
Y's tax year.
Example 2. T was reported as one of Y Charity's five highest
compensated employees on one of Y's Forms 990, 990-EZ, or
990-PF from one of its 5 prior tax years. During Y’s tax year, T
wasn't a current officer, director, trustee, key employee, or
highest compensated employee of Y, although T was still an
employee of Y during the calendar year ending with or within Y's
tax year. T received reportable compensation in excess of
$100,000 from Y and related organizations for such calendar
year. T isn't reportable as a former highest compensated
employee on Y's Form 990, Part VII, Section A, for Y’s tax year
because T was an employee of Y during the calendar year
ending with or within Y's tax year.
Example 3. Z was reported as one of Y Charity's key
employees on Y's Form 990 filed for one of its 5 prior tax years.
During Y’s tax year, Z wasn't a current officer, director, trustee,
key employee, or highest compensated employee of Y. For the
calendar year ending with or within Y’s tax year, Z received
reportable compensation of $90,000 from Y as an employee
(and no reportable compensation from related organizations).
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2021 Instructions for Form 990
pertinent instructions and definitions for Form 990, Part VII,
Section A, columns (E) and (F).
Short year and final returns. For a short year return in
which there is no calendar year that ends with or within the short
year, leave columns (D) and (E) blank, and don't report any key
employees, highest compensated employees, or highest
compensated independent contractors (because such
persons are determined according to compensation received in
the calendar year ending with or within the tax year for which the
return is filed), unless the return is a final return. If the return is a
final return, report the compensation that is reportable
compensation on Forms W-2 and 1099 for the short year, from
both the filing organization and related organizations, whether or
not Forms W-2 or 1099 have been filed yet to report such
compensation.
Because Z received less than $100,000 reportable
compensation for the calendar year ending with or within Y’s tax
year from Y and its related organizations, Y isn't required to
report Z as a former key employee on Y's Form 990, Part VII,
Section A, for Y’s tax year.
Columns (D) and (E). Enter the amounts required to be
reported (whether or not actually reported) in box 1 or 5 of Form
W-2 (whichever is greater), box 1 of Form 1099-NEC, and/or
box 6 of Form 1099-MISC, issued to the person for the calendar
year ending with or within the organization's tax year. Enter an
amount for each person in each of columns (D) and (E). Enter
“-0-” if the person received no reportable compensation. For
institutional trustees that don't receive a Form 1099-NEC or
1099-MISC, enter the amount that the organization would have
reported in box 1 of Form 1099-NEC or box 6 of Form
1099-MISC if the form(s) had been required.
Reportable compensation paid to the person by a related
organization at any time during the entire calendar year ending
with or within the filing organization's tax year should be reported
in column (E). If the related organization was related to the filing
organization for only a portion of the tax year, then the filing
organization may choose to report only compensation paid or
accrued by the related organization during the time it was
actually related. If the filing organization reports compensation
on this basis, it must explain in Schedule O (Form 990) and state
the period during which the related organization was related.
$10,000-per-related-organization exception. For purposes
of column (E), the organization need not include payments from
a single related organization if it is less than $10,000 for the
calendar year ending with or within the organization's tax year,
except to the extent paid to a former director or former trustee
of the filing organization for services as a director or trustee of
the organization. For example, if an officer of the organization
received compensation of $6,000, $15,000, and $50,000 from
three separate related organizations for services provided to
those organizations, the organization needs to report only
$65,000 in column (E) for the officer.
Volunteer exception. The organization need not report in
column (E) or (F) compensation from a related organization paid
to a volunteer officer, director, or trustee of the filing
organization if the related organization is a for-profit
organization; isn't owned or controlled, directly or indirectly, by
the organization or one or more related tax-exempt
organizations; and doesn't provide management services for a
fee to the organization.
Bank or financial institution trustee. If the organization is a
trust with a bank or financial institution trustee that is also a
trustee of another trust, it need not report in column (E) or (F)
compensation from the other trust for services provided as the
trustee to the other trust, because the other trust isn't a related
organization (see the Glossary definition of related
organization).
Reasonable effort. The organization isn't required to report
compensation from a related organization to a person listed on
Form 990, Part VII, Section A, if the organization is unable to
secure the information on compensation paid by the related
organization after making a reasonable effort to obtain it, and if
it is unable to make a reasonable estimate of such
compensation. If the organization makes reasonable efforts but
is unable to obtain the information or provide a reasonable
estimate of compensation from a related organization in column
(E) or (F), then it must report the efforts undertaken on
Schedule O (Form 990). An example of a reasonable effort is for
the organization to distribute a questionnaire annually to each of
its current and former officers, directors, trustees, key
employees, and highest compensated employees that includes
the name and title of each person reporting information, blank
lines for those persons' signatures and signature dates, and the
DRAFT AS OF
November 9, 2021
2021 Instructions for Form 990
Column (F). Other compensation generally includes
compensation not currently reportable in box 1 or 5 of Form W-2,
in box 1 of Form 1099-NEC, or in box 6 of Form 1099-MISC,
including nontaxable benefits other than disregarded benefits,
as discussed under Disregarded benefits, later, and in the
instructions for Schedule J (Form 990), Part II. Treat amounts
paid or accrued under a deferred compensation plan, or held
by a deferred compensation trust, that is established,
sponsored, or maintained by the organization (or a related
organization) as paid, accrued, or held directly by the
organization (or the related organization). Deferred
compensation to be reported in column (F) includes
compensation that is earned or accrued in one year and
deferred to a future year, whether or not funded, vested,
qualified or nonqualified, or subject to a substantial risk of
forfeiture. But don't report in column (F) a deferral of
compensation that causes an amount to be deferred from the
calendar year ending with or within the tax year to a date that
isn't more than 21/2 months after the end of the calendar year
ending with or within the tax year if such compensation is
currently reported as reportable compensation.
Enter an amount in column (F) for each person listed in Part
VII, Section A. (Enter “-0-” if applicable.) Report a reasonable
estimate if actual numbers aren't readily available.
Other compensation paid to the person by a related
organization at any time during the calendar year ending with or
within the filing organization's tax year should be reported in
column (F). If the related organization was related to the filing
organization for only a portion of the tax year, then the filing
organization may choose to report only other compensation paid
or accrued by the related organization during the time it was
actually related. If the filing organization reports compensation
on this basis, it must explain on Schedule O (Form 990) and
state the period during which the related organization was
related.
The following items of compensation provided by the filing
organization and related organizations must be reported as
“other compensation” in column (F) in all cases regardless of the
amount, to the extent they aren't included in column (D).
1. Tax-deferred contributions by the employer to a qualified
defined contribution retirement plan.
2. The annual increase or decrease in actuarial value of a
qualified defined benefit plan, whether or not funded or vested.
3. The value of health benefits provided by the employer, or
paid by the employee with pre-tax dollars, that aren't included in
reportable compensation. For this purpose, health benefits
include (1) payments of health benefit plan premiums, (2)
medical reimbursement and flexible spending programs, and (3)
the value of health coverage (rather than actual benefits paid)
provided by an employer's self-insured or self-funded
arrangement. Health benefits include dental, optical, drug, and
medical equipment benefits. They don't include disability or
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compensation (excluding the excludable items below $10,000)
is $11,000. Under these circumstances, the officer's dependent
care, group life, and tuition assistance items need not be
reported as other compensation on Form 990, Part VII,
Section A, column (F), and the officer's total reportable and other
compensation ($142,000) isn't reportable on Schedule J (Form
990). If instead, the officer's reportable compensation from Y
were $30,000 rather than $21,000, then the officer's total
reportable and other compensation ($151,000) would be
reportable on Schedule J (Form 990), including the dependent
care, group life, and tuition assistance items, even though these
items wouldn't have to be reported as other compensation on
Form 990, Part VII.
long-term care insurance premiums or allocated benefits for this
purpose.
4. Tax-deferred contributions by the employer and
employee to a funded nonqualified defined contribution plan,
and deferrals under an unfunded nonqualified defined
contribution plan, whether or not such plans are vested or
subject to a substantial risk of forfeiture. See the examples in the
Schedule J (Form 990), Part II, instructions.
5. The annual increase or decrease in actuarial value of a
nonqualified defined benefit plan, whether or not funded, vested,
or subject to a substantial risk of forfeiture.
DRAFT AS OF
November 9, 2021
$10,000-per-item exception. Except for the five items listed
above, neither the organization nor a related organization is
required to report on Form 990, Part VII, Section A, any item of
“other compensation” (as set forth in the compensation table
beginning later) if its total value is less than $10,000 for the
calendar year ending with or within the organization's tax year.
Amounts excluded under the two separate $10,000
exceptions (the $10,000-per-related-organization and
$10,000-per-item exceptions) are to be excluded from
compensation in determining whether an individual's total
reportable compensation and other compensation exceeds
the thresholds set forth on Form 990, Part VII, Section A, line 4. If
the individual's total compensation exceeds the relevant
threshold, then the amounts excluded under the $10,000
exceptions are included in the individual's compensation
reported on Schedule J (Form 990). Thus, the total amount of
compensation reported on Schedule J (Form 990) can be higher
than the amount reported on Form 990, Part VII, Section A.
The $10,000-per-item exception applies separately for each
item of other compensation from the organization and from each
related organization.
Example 2. Organization S provides health benefits to B (its
CEO) under a self-insured medical reimbursement plan. The
value of the plan benefits for the tax year is $10,000, which
represents the estimated cost of providing coverage for the year
if the employer paid a third-party insurer for similar benefits, as
determined on an actuarial basis. The actual benefits paid for B
and B's family for the year are $30,000. If the benefits aren't
reportable compensation to B, then Organization S must report
the $10,000 value of plan benefits as other compensation to B
on Form 990, Part VII, Section A, column (F).
Disregarded benefits. Disregarded benefits under Regulations
section 53.4958-4(a)(4) need not be reported in column (F).
Disregarded benefits generally include fringe benefits excluded
from gross income under section 132. These benefits include:
• No-additional cost service,
• Qualified employee discount,
• Working condition fringe,
• De minimis fringe,
• Qualified transportation fringe,
• Qualified retirement planning services, and
• Qualified military base realignment and closure fringe.
For descriptions of each of these disregarded benefits, see
the Instructions for Schedule J (Form 990).
Example 1. Organization X provides the following
compensation to its current officer:
$110,000
5,000
5,000
4,000
500
Short year and final returns. For a short year return in which
there is no calendar year that ends with or within the short year,
leave column (F) blank, unless the return is a final return. If the
return is a final return, report the other compensation for the
short year from both the filing organization and related
organizations.
Reportable compensation (including pre-tax employee
contributions of $5,000 to a qualified defined contribution
retirement plan and $2,500 to a qualified health benefit plan)
Tax-deferred employer contribution to qualified defined
contribution retirement plan
Nontaxable employer contributions to health benefit plan
Nontaxable dependent care assistance
Nontaxable group life insurance premium
Compensation table for reporting in Part VII, Section A, or
Schedule J (Form 990), Part II. The following table may be
useful in determining how and where to report items of
compensation on Form 990, Part VII, Section A, and on
Schedule J (Form 990), Part II. The list isn't comprehensive but
covers most items for most organizations. Many items of
compensation may or may not be taxable or currently taxable,
depending on the plan or arrangement adopted by the
organization and other circumstances. The list attempts to take
into account these varying facts and circumstances. The list is
merely a guideline to report amounts for those persons required
to be listed. In all cases, items included in box 1 or 5 of Form
W-2 (whichever is greater), in box 1 of Form 1099-NEC, and/or
in box 6 of Form 1099-MISC, are required to be reported on Part
VII, Section A, and, for applicable persons, Schedule J (Form
990), Part II, column (B). Items listed as “taxable” or “taxable in
current year” are currently includible in reportable compensation,
but aren't necessarily subject to federal income tax in the current
year.
Any item listed in the following compensation table that isn't
followed by a star (x) or asterisk (*) in any column shouldn't be
reported on Part VII, Section A; or in Schedule J (Form 990),
Part II.
Organization Y, a related organization, also provides
compensation to the officer as follows:
$21,000
1,000
5,000
Reportable compensation (including $1,000 pre-tax
employee contribution to qualified defined contribution
retirement plan)
Tax-deferred employer contribution to qualified defined
contribution retirement plan
Nontaxable tuition assistance
The officer receives no compensation in the capacity as a
former director or trustee of X, and no unrelated organization
pays the officer for services provided to X. The organization can
disregard as other compensation the (a) $4,500 in dependent
care and group life insurance payments from the organization
(under the $10,000-per-item exception), and (b) the $5,000 in
tuition assistance from the related organization (under the
$10,000-per-item exception) in determining whether the officer's
total reportable and other compensation from the organization
and related organizations exceeds $150,000. In this case, total
reportable compensation is $131,000, and total other
-32-
2021 Instructions for Form 990
Where To Report
Form 990, Part VII, Section A, column (D) or (E)
Type of Compensation
Form 990, Part VII, Section A, column
(F)
Schedule J
Schedule J (Form Schedule J (Form Schedule J (Form Schedule J (Form
(Form 990), Part 990), Part II,
990), Part II,
990), Part II,
990), Part II,
II, column B(i) column B(ii)
column B(iii)
column C
column D
Base salary/wages/fees paid
x
Base salary/wages/fees deferred (taxable)
x
DRAFT AS OF
November 9, 2021
Base salary/wages/fees deferred (nontaxable)
x
Bonus paid (including signing bonus)
x
Bonus deferred (taxable in current year)
x
Bonus deferred (not taxable in current year)
x
Incentive compensation paid
x
Incentive compensation deferred (taxable in
current year)
x
Incentive compensation deferred (not taxable in
current year)
x
Severance or change of control payments made
Sick pay paid by employer
x
x
Third-party sick pay
x
Other compensation amounts deferred (taxable in
current year)
x
Other compensation amounts deferred (not
taxable in current year)
x
Tax gross-ups paid
x
Vacation/sick leave cashed out
x
Stock options at time of grant
x
Stock options at time of exercise
x
Stock awards paid by taxable organizations
substantially vested
x
Stock awards paid by taxable organizations not
substantially vested
x
Stock equivalents paid by taxable organizations
substantially vested
x
Stock equivalents paid by taxable organizations
not substantially vested
x
Loans—forgone interest or debt forgiveness
x
Contributions (employer) to qualified retirement
plan
x
Contributions (employee deferrals) to section
401(k) plan
x
Contributions (employee deferrals) to section
403(b) plan
x
Qualified or nonqualified retirement plan defined
benefit accruals (reasonable estimate of increase
or decrease in actuarial value)
x
Qualified retirement (defined contribution) plan
investment earnings or losses (not reportable or
other compensation)
Taxable distributions from qualified retirement
plan, including section 457(b) eligible
governmental plan (reported on Form 1099-R but
not reportable or other compensation on Form 990)
2021 Instructions for Form 990
-33-
Where To Report
Type of Compensation
Form 990, Part VII, Section A, column (D) or (E)
Form 990, Part VII, Section A, column
(F)
Schedule J (Form
990), Part II,
column B(i)
Schedule J (Form
990), Part II,
column C
Schedule J (Form
990), Part II,
column B(ii)
Schedule J (Form
990), Part II,
column B(iii)
Distributions from nongovernmental section 457(b)
plan
x
Amounts includible in income under section 457(f)
x
Amounts deferred by employer or employee (plus
earnings) under section 457(b) plan (substantially
vested)
x
Schedule J (Form
990), Part II,
column D
DRAFT AS OF
November 9, 2021
Amounts deferred by employer or employee under
section 457(b) or 457(f) plan (not substantially
vested)
x
Amounts deferred under nonqualified defined
contribution plans (substantially vested)
x
Amounts deferred under nonqualified defined
contribution plans (not substantially vested)
x
Earnings or losses of nonqualified defined
contribution plan (substantially vested)
x
Earnings or losses of nonqualified defined
contribution plan (not substantially vested)
Scholarships and fellowship grants (taxable)
Health benefit plan premiums paid by employer
(taxable)
Health benefit plan premiums paid by the employee
(taxable)
x
x
x
Health benefit plan premiums (nontaxable)
x
Medical reimbursement and flexible spending
programs (taxable)
x
Medical reimbursement and flexible spending
programs (nontaxable)
x
Other health benefits (taxable)
x
Other health benefits (nontaxable)
x
Life, disability, or long-term-care insurance (taxable)
x
Life, disability, or long-term-care insurance
(nontaxable)
*
Split-dollar life insurance (see Notice 2002-8, 2002-1
C.B. 398)
x
Housing provided by employer or ministerial housing
allowance (taxable)
x
Housing provided by employer or ministerial housing
allowance (nontaxable) (but see Schedule J
instructions regarding working condition fringes)
*
Personal legal services (taxable)
x
Personal legal services (nontaxable)
*
Personal financial services (taxable)
x
Personal financial services (nontaxable)
*
Dependent care assistance (taxable)
x
Dependent care assistance (nontaxable)
*
Adoption assistance (taxable)
x
Adoption assistance (nontaxable)
*
Tuition assistance for family (taxable)
x
-34-
2021 Instructions for Form 990
Where To Report
Type of Compensation
Form 990, Part VII, Section A, column (D) or (E)
Form 990, Part VII, Section A, column
(F)
Schedule J (Form
990), Part II,
column B(i)
Schedule J (Form
990), Part II,
column C
Schedule J (Form
990), Part II,
column B(ii)
Schedule J (Form
990), Part II,
column B(iii)
Schedule J (Form
990), Part II,
column D
Tuition assistance for family (nontaxable)
*
Cafeteria plans (nontaxable health benefit)
x
Cafeteria plans (nontaxable benefit other than health)
*
DRAFT AS OF
November 9, 2021
Liability insurance (taxable)
x
Employer-provided automobile (taxable)
x
Employer-subsidized parking (taxable)
x
Travel (taxable)
x
Moving (taxable)
x
Meals and entertainment (taxable)
x
Social club dues (taxable)
x
Spending account (taxable)
x
Gift cards
x
Disregarded benefits under Regulations section
53.4958-4(a)(4) (see Schedule J, Part II, instructions)
Note. Items marked with an asterisk (*) instead of a star (x) are
excludable from Form 990, Part VII, Section A, column (F), if
below $10,000.
$10,000 of reportable compensation (Part VII, Section A,
columns (D) and (E)) during the year from the organization or
related organizations. To determine whether an individual
received or accrued more than $10,000 in reportable
compensation solely in the capacity as a former trustee or
director of the organization, add the amounts reported in box 1
of all Forms 1099-NEC, and, if applicable, box 1 or 5 of all Forms
W-2 (whichever is greater), and/or issued to the individual by the
organization and all related organizations, to the extent that such
amounts relate to the individual's past services as a trustee or
director of the organization and not of a related organization. The
$10,000-per-related-organization exception doesn't apply for
this purpose.
Line 1b. Report the subtotals of compensation from the
Section A, line 1a, table in line 1b, columns (D), (E), and (F).
Line 1c. Report the subtotals of compensation from duplicate
Section A tables for filers that report more than 25 persons in the
Section A, line 1a, table in line 1c, columns (D), (E), and (F).
Line 1d. Add the totals of lines 1b and 1c in line 1d for columns
(D), (E), and (F).
Line 2. Report the total number of individuals, both those listed
in the Part VII, Section A, table, and those not listed, to whom the
filing organization (not related organizations) paid over
$100,000 in reportable compensation during the tax year.
Line 4. Complete Schedule J (Form 990) for each individual
listed in Section A who received or accrued more than $150,000
of reportable and other compensation from the organization and
related organizations. To determine whether any listed individual
received or accrued more than $150,000 of reportable and other
compensation, add all compensation included in Part VII,
Section A, columns (D), (E), and (F), but disregard any
decreases in the actuarial value of defined benefit plans.
The following chart explains which officers, directors,
trustees, key employees, and highest compensated
employees must be reported on Form 990, Part VII, Section A,
and on Schedule J (Form 990). See also Line 5, later, for
additional individuals who must be reported on Schedule J
(Form 990), Part II.
Line 3. Complete Schedule J (Form 990) for each of the
following persons.
• Each individual listed in Part VII, Section A, as a former
officer, former key employee, or former highest
compensated employee. To determine whether an individual
received more than $100,000 in reportable compensation in
the aggregate from the organization and related organizations,
add the amounts reported in box 1 or 5 of all Forms W-2
(whichever is greater), in box 1 of all Forms 1099-NEC, and/or in
box 6 of all Forms 1099-MISC, issued to the individual by the
organization and all related organizations (disregarding amounts
from a related organization if below $10,000) for the calendar
year ending with or within the organization's tax year.
• Each individual that received, solely in the capacity as a
former director or former trustee of the organization, more than
2021 Instructions for Form 990
-35-
Matrix for Part VII, Section A, Lines 3 and 4
Position
Current or former
Current
Enter on Form 990, Part VII,
Section A . . .
Enter on Schedule J (Form 990),
Part II . . .
All
If reportable and other compensation is
greater than $150,000 in the aggregate
from organization and related
organizations (don't report institutional
trustees)
DRAFT AS OF
November 9, 2021
Directors and Trustees
Former
If reportable compensation in capacity
as former director or trustee is greater If listed on Form 990, Part VII, Section A
than $10,000 in the aggregate from
(don't report institutional trustees)
organization and related organizations
Current
All
If reportable and other compensation is
greater than $150,000 in the aggregate
from organization and related
organizations
Former
If reportable compensation is greater
than $100,000 in the aggregate from
organization and related organizations
If listed on Form 990, Part VII, Section A
Current
All
All
Former
If reportable compensation is greater
than $100,000 in the aggregate from
organization and related organizations
If listed on Form 990, Part VII, Section A
Current
If reportable compensation is greater
than $100,000 in the aggregate from
organization and related organizations
If reportable and other compensation is
greater than $150,000 in the aggregate
from organization and related
organizations
Former
If reportable compensation is greater
than $100,000 in the aggregate from
organization and related organizations
If listed on Form 990, Part VII, Section A
Officers
Key employees
Other Five Highest Compensated
Employees
officer of the organization in Part VII, Section A. However, the
amounts paid by B to A require that the organization answer
“Yes” on line 5 and complete Schedule J (Form 990) about A.
Line 5. Complete Schedule J (Form 990) for any individual
listed on Form 990, Part VII, Section A, if the person receives or
accrues compensation from an unrelated organization (other
than from management companies and leasing companies, as
discussed earlier) for services rendered to the filing organization
in the person's capacity as an officer, director, trustee, or
employee of the filing organization. Also, specify on Schedule J
(Form 990), Part III, the name of the unrelated organization, the
type and amount of compensation it paid or accrued, and the
person receiving or accruing such compensation. See
Compensation from unrelated organizations, earlier.
For purposes of line 5, disregard:
1. Payments from a deferred compensation trust or plan
established, sponsored, or maintained by the organization (or a
related organization), and deferred compensation held by such
trust or plan;
2. Payments from a common paymaster for services
provided to the organization (or to a related organization); or
3. Payments from an unrelated taxable organization that
employs the individual and continues to pay the individual's
regular compensation while the individual provides services
without charge to the filing organization, but only if the unrelated
organization doesn't treat the payments as a charitable
contribution to the filing organization.
Example 2. C is an attorney employed by a law firm that isn't
a related organization to the organization. The organization and
the law firm enter into an arrangement where C serves the
organization, a section 501(c)(3) legal aid society pro bono, on a
full-time basis as its vice president and as a board member while
continuing to receive her regular compensation from the law
firm. The organization doesn't provide any compensation to C for
the services provided by C to the organization, and doesn't
report C's compensation on Form W-2, Form 1099-NEC, or
Form 1099-MISC. The law firm doesn't treat any part of C's
compensation as a charitable contribution to the legal aid
society. Under these circumstances, the amounts paid by the
law firm to C don't require that the organization answer “Yes” on
line 5, about C. Also, nothing in these facts would prevent C from
qualifying as an independent member of the organization's
governing body for purposes of Form 990, Part VI, line 1b.
Example 3. D, a volunteer director of the organization, is
also the sole owner and CEO of M management company (an
unrelated organization), which provides management services to
the organization. The organization pays M an annual fee of
$150,000 for management services. Under the circumstances,
the amounts paid by M to D (in the capacity as owner and CEO
of M) don't require that the organization answer “Yes” on line 5,
regarding D. However, the organization must report the
transaction with M, including the relationship between D and M,
on Schedule L (Form 990), Part IV. Also, D doesn't qualify as an
independent member of the organization's governing body
because D receives indirect financial benefits from the
organization through M that are reportable on Schedule L (Form
990), Part IV.
Example 1. A is the CEO (and the top management
official) of the organization. In addition to compensation paid by
the organization to A, A receives payments from B, an unrelated
corporation (using the definition of relatedness on Schedule R
(Form 990)), for services provided by A to the organization. B
also makes rent payments for A's personal residence. The
organization is aware of the compensation arrangement
between A and B, and doesn't treat the payments as paid by the
organization for Form W-2 reporting purposes. A, as the top
management official of the organization, must be listed as an
-36-
2021 Instructions for Form 990
Section B. Five Highest Compensated
Independent Contractors
Column (C). In column (C), report any unrelated business
revenue received by the organization during the tax year from
an unrelated trade or business, unless that revenue is
reportable on Part VIII, column (D). See Pub. 598 and the
Instructions for Form 990-T for more information.
Complete this table for the five highest compensated
independent contractors that received more than $100,000 in
compensation for services, whether professional or other
services, from the organization. Independent contractors include
organizations as well as individuals and can include professional
fundraisers, law firms, accounting firms, publishing companies,
management companies, and investment management
companies. Don't report public utilities or insurance providers as
independent contractors. See Pub. 1779, Independent
Contractor or Employee, and Pub. 15-A, Employer's
Supplemental Tax Guide, for distinguishing employees from
independent contractors.
A section 501(c)(3) organization that is an S corporation
TIP shareholder must treat all allocations of income from the
S corporation as unrelated business income. Gain on
the disposition of stock is also treated as unrelated business
income. See section 512(e).
DRAFT AS OF
November 9, 2021
Column (D). In column (D), report any revenue excludable from
unrelated business income by section 512, 513, or 514.
Examples of such revenue include receipts from the sale of
donated merchandise, interest (unless debt-financed), and
receipts from bingo games.
Neither Form 5500 nor DOL Forms LM-2 or LM-3, Labor
Organization Annual Report, should be substituted for the Form
990, Part VIII or IX.
Column (C). Enter the amount the organization paid, whether
reported in box 1 of Form 1099-NEC, in box 6 of Form
1099-MISC, or paid under the parties' agreement or applicable
state law, for the calendar year ending with or within the
organization's tax year.
For a short year return in which there is no calendar year that
ends with or within the short year, don't report any information in
columns (A) through (C), unless the return is a final return. If the
return is a final return, report the compensation paid to the
independent contractor(s) under the parties' agreement during
the short year or the compensation that is reportable
compensation on Form 1099 for the short year, whether or not
Form 1099 has been filed yet to report such compensation.
Compensation includes fees and similar payments to
independent contractors but not reimbursement of expenses
unless incidental to providing the service. However, for this
purpose, the organization must report gross payments to the
independent contractor that include expenses and fees if the
expenses aren't separately reported to the organization.
Line 1. In General
On lines 1a through 1f, report cash and noncash amounts
received as voluntary contributions, gifts, grants or other
similar amounts from the general public, governmental units,
foundations, and other exempt organizations. The general public
includes individuals, corporations, trusts, estates, and other
entities. Voluntary contributions are payments, or the part of any
payment, for which the payer (donor) doesn't receive full retail
value (fair market value) from the recipient (donee)
organization. Contributions are reported on line 1 regardless of
whether they are deductible by the contributor. The noncash
portion of contributions reported on lines 1a through 1f is also
reported on line 1g.
Report gross amounts of contributions collected in the
organization's name by fundraisers.
Form 1099-NEC and/or Form 1099-MISC may be
TIP required to be issued for payments to an independent
contractor, with compensation reported in box 1 of Form
1099-NEC and/or box 6 of Form 1099-MISC.
Report all expenses of raising contributions on Part IX,
column (D), Fundraising expenses. The organization must enter
on Part IX, line 11e, fees for professional fundraising
services relating to the gross amounts of contributions collected
in the organization's name by professional fundraisers.
Part VIII. Statement of Revenue
Check the box in the heading of Part VIII if Schedule O (Form
990) contains any information pertaining to this part.
Report on line 1 assets contributed to the organization by
another entity in the course of the entity's liquidation, dissolution,
or termination.
Column (A). All organizations must complete column (A),
reporting their gross receipts for all sources of revenue. All
organizations (except section 527 political organizations) must
complete columns (B) through (D), which must add up to the
amount in column (A) for each line in Part VIII. Refer to specific
instructions in this part for completing each column.
Report the value of noncash contributions at the time of the
donation. For example, report the FMV of a donated car at the
time the car was received as a donation.
Don't net losses from uncollectible pledges from prior years,
refunds of contributions and service revenue from prior years, or
reversal of grant expenses from prior years on line 1. Rather,
report any such items as “Other changes in net assets or fund
balances” on Part XI, line 9, and explain in Schedule O (Form
990).
If the organization enters an amount in column (A) for
TIP lines 2a through 2e or lines 11a through 11c, it must also
enter a corresponding business activity code from
Business Activity Codes, later. If none of the listed codes, or
other 6-digit codes listed on the NAICS website at NAICS 2017
Census Chart, accurately describe the activity, enter “900099.”
Use of these codes doesn't imply that the business activity is
unrelated to the organization's exempt purpose.
The organization must report any contributions of
conservation easements and other qualified conservation
contributions consistently with how it reports revenue from
such contributions in its books, records, and financial
statements.
Column (B). In column (B), report all revenue from activities
substantially related to the organization's exempt purposes. Use
of revenue for the organization's exempt purposes doesn't make
the activity that produced the income (for example, fundraising
activity) substantially related to the organization's exempt
purposes. Also report here any revenue that is excludable from
gross income other than by section 512, 513, or 514, such as
interest on state and local bonds that is excluded from tax by
section 103.
2021 Instructions for Form 990
Reporting on line 1 according to ASC 958 is generally
acceptable (though not required) for Form 990 purposes, but the
value of donated services or use of materials, equipment, or
facilities may not be reported. An organization that receives a
grant to be paid in future years should, according to ASC 958,
report the grant's present value on line 1. Accruals of present
value increments to the unpaid grant should be reported on
line 1 in future years.
-37-
season without charge. Under these circumstances, M's receipts
from members are contributions reported on line 1b.
Membership dues that aren't contributions because they
compare reasonably with available benefits are reported on
line 2, Program Service Revenue.
Membership dues can consist of both contributions and
payment for goods and services. In that case, the portion of the
membership dues that is a payment for goods or services should
be reported on line 2, Program Service Revenue. The portion
that exceeds the FMV of the goods or services provided should
be reported on line 1b.
The portion of membership dues attributable to certain
membership benefits that are considered to be insubstantial (for
example, low-cost articles, free or discounted admission to the
organization's activities, discounts on purchases from the
organization's gift shop, free or discounted parking) may be
reported as contributions on line 1, rather than as payments for
goods or services on line 2. See Pub. 1771, Charitable
Contributions—Substantiation and Disclosure Requirements, for
more information on insubstantial membership benefits that
need not be valued or reported.
Contributions don't include the following.
• Grants, fees or other support from governmental units,
foundations, or other exempt organizations that represent a
payment for a service, facility, or product that primarily gives
some economic or physical benefit to the payer.
• The portion of any fundraising solicitation representing
payment for goods, services, or anything else at retail value.
• Unreimbursed expenses of officers, employees, or
volunteers. (See the explanations of charitable contributions
and employee business expenses in Pub. 526 and Pub. 463,
respectively.)
• Payments received from employers for welfare benefits under
plans described in sections 501(c)(9), (17), and (18). Report
these amounts on line 2, Program Service Revenue.
• Donations of services such as the value of donated
advertising space, broadcast air time (including donated public
service announcements), or discounts on services or donations
of use of materials, equipment, or facilities, even though
reporting donated services and facilities as items of revenue and
expense is called for in certain circumstances by generally
accepted accounting principles. The optional reporting of
donated services and facilities is discussed in the instructions for
Form 990, Part III.
DRAFT AS OF
November 9, 2021
Line 1c. Enter the total amount of contributions received from
fundraising events, which includes, but isn't limited to, dinners,
auctions, and other events conducted for the sole or primary
purpose of raising funds for the organization's exempt activities.
Report contributions received from gaming activities on line 1f,
not on line 1c.
Example 1. A hotel in a city's entertainment district donates
100 “right to use” certificates covering 15 hotel rooms a night to
disaster relief organization B. B then uses these certificates as
emergency housing in furtherance of its exempt purposes. B
shouldn't report the value of this contribution on line 1 (or on any
other line in Part VIII), because this is a donation of services and
use of facilities to B. Similarly, if B were to auction off the
certificates as part of a fundraising event, B shouldn't report the
value of the contributed certificates on line 1 (or on any other line
in Part VIII). Rather, it should report gross income from the
auction on Part VIII, line 8a.
Example. An organization holds a dinner, charging $400 per
person for the meal. The dinner has a retail value of $160. A
person who purchases a ticket is really purchasing the dinner for
$160 and making a contribution of $240. The contribution of
$240, which is the difference between the buyer's payment and
the retail value of the dinner, would be reported on line 1c and
again on line 8a (within the parentheses). The revenue received
($160 retail value of the dinner) would be reported in the
right-hand column on line 8a.
If a contributor gives more than $160, that person would be
making a contribution of the difference between the dinner's
retail value of $160 and the amount actually given. Rev. Rul.
67-246, 1967-2 C.B. 104, as distinguished by Rev. Rul. 74-348,
1974-2 C.B. 80, explains this principle in detail. See also the
instructions for lines 8a through 8c and Pub. 526.
Organizations that report more than $15,000 total on lines 1c
and 8a must also answer “Yes” on Part IV, line 18, and complete
Part II of Schedule G (Form 990).
Example 2. Organization C purchases 100 “right to use”
certificates (as described in Example 1 above) from the hotel,
then contributes them to disaster relief organization B and
designates that they be used for disaster relief purposes. B
should report the FMV of these certificates on line 1. If B were to
auction off the certificates as part of a fundraising event, then
use the proceeds for disaster relief purposes, B should report
the gross income from the auction on Part VIII, line 8a; report the
FMV of the contributed certificates on line 8b; and report the
difference between lines 8a and 8b on line 8c.
Line 1a. 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.
Line 1d. Enter on line 1d amounts contributed to the
organization by related organizations. Don't report amounts
reportable on line 1a.
Line 1e. Enter the total amount of contributions in the form of
grants or similar payments from local, state, or federal
government sources, as well as foreign governments. Include
grant amounts from U.S. possessions.
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.
The following are examples of governmental grants and other
payments that are treated as contributions and reported on
line 1e.
Federated fundraising agencies must, like all other filers,
TIP identify the sources of contributions made to them on
lines 1a through 1g.
Line 1b. Report on line 1b membership dues and assessments
that represent contributions from the public rather than
payments for benefits received or payments from affiliated
organizations.
Example. M is an organization whose primary purpose is to
support the local symphony orchestra. Members have the
privilege of purchasing subscriptions to the symphony's annual
concert series before they go on sale to the general public, but
must pay the same price as any other member of the public.
They are also entitled to attend a number of rehearsals each
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2021 Instructions for Form 990
• Payments by a governmental unit for the construction or
maintenance of library or museum facilities open to the public.
• Payments by a governmental unit to nursing homes to provide
care to their residents (but not Medicare/Medicaid or similar
payments made on behalf of the residents).
• Payments by a governmental unit to child placement or child
guidance organizations under government programs to better
serve children in the community.
exemption from tax. For a more detailed description of program
service revenue, refer to the instructions for Part IX, column (B).
On line 2f, enter the total received from all other sources of
program service revenue not listed individually on lines 2a
through 2e. On line 2g, enter the total of column (A), lines 2a
through 2f.
Program service revenue. Program service revenue includes
income earned by the organization for providing a government
agency with a service, facility, or product that benefited that
government agency directly rather than benefiting the public as a
whole. Program service revenue also includes tuition received
by a school, revenue from admissions to a concert or other
performing arts event or to a museum; royalties received as
author of an educational publication distributed by a commercial
publisher; interest income on loans a credit union makes to its
members; payments received by a section 501(c)(9)
organization from participants or employers of participants for
health and welfare benefits coverage; insurance premiums
received by a fraternal beneficiary society; and registration fees
received in connection with a meeting or convention.
DRAFT AS OF
November 9, 2021
The Coronavirus Aid, Relief, and Economic Security Act
TIP (CARES Act) established the Paycheck Protection
Program (PPP) to provide loans to small businesses as
a direct incentive to keep their workers on the payroll. The loans
are forgiven if all employee retention criteria are met and the
funds are used for eligible expenses. Amounts of PPP loans that
are forgiven may be reported on line 1e as contributions from a
governmental unit in the tax year that the amounts are forgiven.
Line 1f. Enter all other contributions, gifts, and similar
amounts the organization received from sources not reported
separately on lines 1a through 1e. This amount includes
contributions from donor advised funds (unless the
sponsoring organization is a related organization) and from
gaming activities. For a section 501(c)(21) trust, enter the total
contributions received under section 192 from the coal mine
operator who established the trust. Contributions to the trust
must be in cash or property of the type in which the trust is
permitted to invest (for example, public debt securities of the
United States, obligations of a state or local government that are
not in default as to principal or interest, or time and demand
deposits in a bank or insured credit union as described in section
501(c)(21)(D)(ii)).
Program-related investments. Program service revenue also
includes income from program-related investments. These
investments are made primarily to accomplish an exempt
purpose of the investing organization rather than to produce
income. Examples are scholarship loans and low-interest loans
to charitable organizations, indigents, or victims of a disaster.
Rental income from an exempt function is another example of
program-related investment income. For purposes of this return,
report all rental income from an affiliated organization on line 2.
Unrelated trade or business activities. Unrelated trade or
business activities (not including any fundraising events or
fundraising activities) that generate fees for services can also
be program service activities. A social club, for example, should
report as program service revenue the fees it charges both
members and nonmembers for the use of its tennis courts and
golf course.
Line 1g. Enter on line 1g the value of noncash contributions
included on lines 1a through 1f. If this amount exceeds $25,000,
the organization must answer “Yes” on Part IV, line 29, and
complete and attach Schedule M (Form 990).
Noncash contributions are anything other than cash, checks,
money orders, credit card charges, wire transfers, and other
transfers and deposits to a cash account of the organization.
Value noncash donated items, like cars and securities, as of
the time of their receipt, even if they were sold immediately after
they were received.
Sales of inventory items by hospitals, colleges, and universities. Books and records maintained according to generally
accepted accounting principles for hospitals, colleges, and
universities are more specialized than books and records
maintained according to those accounting principles for other
types of organizations that file Form 990. Accordingly,
hospitals, colleges, and universities can report, as program
service revenue on line 2, sales of inventory items otherwise
reportable on line 10a. In that event, enter the applicable cost of
goods sold as program service expense in column (B) of Part IX.
No other organizations should report sales of inventory items on
line 2.
Example. A charity receives a gift of stock from an unrelated
donor. The stock is delivered to the charity's broker, who sells it
on the same day and remits the sales proceeds, net of
commissions, to the charity. The value of the stock at the time of
the contribution must be reported on line 1f and also on line 1g.
The sale of the stock, and the related sales expenses (including
the amount reported on lines 1f and 1g), must be reported on
lines 7a through 7d.
Common types of program service revenue.
• Medicare and Medicaid payments, and other government
payments made to pay or reimburse the organization for medical
services provided to individuals who qualify under a government
program for the services provided, and who select the service
provider. See Rev. Rul. 83-153, 1983-2 C.B. 48.
• Payments for medical services by patients and their
guarantors.
• Fees and contracts from government agencies for a service,
facility, or product that primarily benefited the government
agencies.
Museums and other organizations that elect not to
TIP capitalize their collections (according to ASC
958-360-45) shouldn't report an amount on line 1g for
works of art and other collection items donated to them.
For more information on noncash contributions, see the
instructions for Schedule M (Form 990).
Line 1h. Enter on line 1h the total of lines 1a through 1f (but not
line 1g).
The organization may also need to attach Schedule B
TIP (Form 990) to report certain contributors and their
Example 1. A payment by a governmental agency to a
medical clinic to provide vaccinations to the general public is a
contribution reported on line 1e. A payment by a governmental
agency to a medical clinic to provide vaccinations to employees
of the agency is program service revenue reported on line 2.
contributions. See the Instructions for Schedule B
(Form 990) for information.
Line 2. On lines 2a through 2e, enter the organization's five
largest sources of program service revenue. Program services
are primarily those that form the basis of an organization's
2021 Instructions for Form 990
Example 2. A payment by a governmental agency to an
organization to provide job training and placement for disabled
-39-
principal and interest (debt service) on a bond issue isn't under
the control of the organization.
individuals is a contribution reported on line 1e. A payment by a
governmental agency to the same organization to operate the
agency's internal mail delivery system is program service
revenue reported on line 2.
• Income from program-related investments. Report interest,
dividends, and other revenues from those investments made
primarily to accomplish the organization's exempt purposes
rather than to produce income. Examples of program-related
investments include student loans and notes receivable from
other exempt organizations that borrowed the funds to pursue
the filing organization's exempt function.
• Membership dues and assessments received that compare
reasonably with the membership benefits provided by the
organization. Organizations described in section 501(c)(5), (6),
or (7) generally provide benefits that have a reasonable
relationship with dues.
Examples of membership benefits include:
• Subscriptions to publications,
• Newsletters (other than one only about the organization's
activities),
• Free or reduced-rate admissions to events sponsored by the
organization,
• Use of the organization's facilities, and
• Discounts on articles or services that members and
nonmembers can buy.
Line 5. Enter on line 5 royalties received by the organization
from licensing the ongoing use of its property to others.
Typically, royalties are received for the use of intellectual
property, such as patents and trademarks. Royalties also
include payments to the owner of the property for the right to
exploit natural resources on the property, such as oil, natural
gas, or minerals.
DRAFT AS OF
November 9, 2021
Line 6a. Enter on line 6a the rental income received for the year
from investment property and any other real property rented by
the organization. Allocate revenue to real property and personal
property in the spaces provided. Don't include on line 6a rental
income related to the filing organization's exempt function
(program service). Report such income on line 2. For example,
an exempt organization whose exempt purpose is to provide
low-rental housing to persons with low income would report that
rental income as program service revenue on line 2.
Only for purposes of completing this return, the filing
organization must report any rental income received from an
affiliated exempt organization as program service revenue on
line 2.
Rental revenue can be from an activity that is related or
unrelated to the organization's exempt purpose. In general, rents
from real property are excluded in computing unrelated
business income, while rental income from personal property is
included. There are special rules when rents are received from
personal property leased with real property (a mixed lease). In
general, rental revenue from real property is excluded from
unrelated business revenue when:
• The determination of the amount of such rents isn't based on
income or net profits derived by any person from the property
leased other than an amount based on a fixed percentage of the
gross receipts or sales;
• The lease doesn't include personal services other than
customary ones such as trash removal and cleaning of public
areas;
• Any portion attributable to personal property is 10% or less of
the total rent; and
• The real property isn't debt-financed within the meaning of
section 512, 513, or 514. (Rent from debt-financed real property
is generally includible in unrelated business income, but there
can be exceptions based on use of the property. See Pub. 598.)
Rent received from leased personal property is generally
taxable except when leased with real property, and the rent
attributable to the personal property doesn't exceed 10% of the
total rents from all leased property.
For each amount entered on lines 2a through 2e, the
organization must also enter a corresponding business
CAUTION activity code from Business Activity Codes, later. If you
don't see a code for the activity you are trying to categorize,
select the appropriate code from the NAICS website at 2017
NAICS Census Chart. Select the most specific 6-digit code
available that describes the activity producing the income. Note
that most codes describe more than one type of activity. Avoid
using codes that describe the organization rather than the
income-producing activity. For example, a credit union reporting
income from consumer lending activities should use code
522291. Sales revenue from a museum gift shop should be
reported with code 453220. An organization providing credit
counseling services should use code 541990. If none of the
listed codes accurately describe the activity, enter “900099.”
Use of these codes doesn't imply that the activity is unrelated to
the organization's exempt purpose.
!
Line 3. Enter the gross amount of interest income from savings
and temporary cash investments, dividend and interest income
from equity and debt securities (stocks and bonds), and
amounts received from payments on securities loans, as defined
in section 512(a)(5), as well as interest from notes and loans
receivable. Don't include unrealized gains and losses on
investments carried at fair market value. Don't deduct
investment management fees from this amount, but report these
fees on Part IX, line 11f.
Section 501(c)(21) trusts. Use line 3 to report income from
“qualified investments” as defined in section 501(c)(21)(D)(ii)
(public debt securities of the United States; obligations of a state
or local government which are not in default as to principal or
interest; and time or demand deposits in a bank (as defined in
section 581) or an insured credit union (within the meaning of
section 101(7) of the Federal Credit Union Act, 12 U.S.C.
1752(7)) located in the United States).
Line 6b. Enter on line 6b the expenses paid or incurred for the
income reported on line 6a. Include interest related to rental
property and depreciation if it is recorded in the organization's
books and records. If the organization reported on line 2 any
rental income reportable as program service revenue, report any
rental expense allocable to such activity on the applicable lines
of Part IX, column (B).
Line 6c. Subtract line 6b from line 6a for both columns (i) and
(ii) and enter on line 6c. Show any loss in parentheses.
Line 6d. Add line 6c, columns (i) and (ii), and enter on line 6d.
Show any loss in parentheses.
Line 4. Enter all investment income actually or constructively
received from investing the proceeds of a tax-exempt bond
issue, which are under the control of the organization. For this
purpose, don't include any investment income received from
investing proceeds that are technically under the control of the
governmental issuer. For example, proceeds deposited into a
defeasance escrow that is irrevocably pledged to pay the
Lines 7a through 7d. Enter on lines 7a through 7c all sales of
securities in column (i). Use column (ii) to report sales of all
other types of investments (such as real estate, royalty interests,
or partnership interests) and all other non-inventory assets (such
as program-related investments and fixed assets used by the
organization in its related and unrelated activities).
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2021 Instructions for Form 990
similar activities. Because the festival directly furthers the
organization's exempt purpose, income from ticket sales should
be reported on line 2 as program service revenue.
Fundraising events sometimes generate both contributions
and income, such as when an individual pays more than the
retail value for the goods or services furnished. Report in
parentheses the total amount from fundraising events that
represents contributions rather than payment for goods or
services. Treat the following as contributions.
• Amounts paid in excess of retail value of goods or services
furnished. See Example, earlier, under Line 1c.
• Amounts received from fundraising events when the
organization gives items of only nominal value to recipients. See
Pub. 1771.
On line 7a, for each column, enter the total gross sales price
of all such assets. Total the cost or other basis (less
depreciation) and selling expenses and enter the result on
line 7b. On line 7c, enter the net gain or loss. Show any loss in
parentheses.
On lines 7a and 7c, also report capital gains dividends, the
organization's share of capital gains and losses from a joint
venture, and capital gains distributions from trusts.
Combine the gain or loss figures reported on line 7c, columns
(i) and (ii), and report that total on line 7d. Show any loss in
parentheses. Don't include any unrealized gains or losses on
securities carried at fair market value in the books of account.
For reporting sales of securities on Form 990, the
organization can use the more convenient average cost basis
method to figure the organization's gain or loss. When a security
is sold, compare its sales price with the average cost basis of the
particular security to determine gain or loss. However, for
reporting sales of securities on Form 990-T, don't use the
average cost basis to determine gain or loss.
The organization should maintain books and records to
substantiate information about any securities or other assets
sold for which market quotations weren't published or weren't
otherwise readily available. The recorded information should
include:
• A description of the asset;
• Date acquired;
• Whether acquired by donation or purchase;
• Date sold and to whom sold;
• Gross sales price;
• Cost, other basis, or, if donated, value at time acquired;
• Expense of sale and cost of improvements made after
acquisition; and
• Depreciation since acquisition, if depreciable property.
DRAFT AS OF
November 9, 2021
Example. In return for a contribution of any amount, donors
receive a keychain with the organization's logo. All amounts
received should be reported as contributions on line 1f and all
associated expenses on the appropriate lines in Part IX, column
(D). In such a case, no amounts would be reported on line 8.
Line 8b. Enter on this line both the cost or other basis of any
items sold at the events and the expenses that relate directly to
the production of the revenue portion of the fundraising activity,
whether incurred before, during, or after the event. In the line 1c
dinner example referred to earlier, the cost of the food and
beverages served and invitation to the dinner would be among
the items reported on line 8b. Indirect fundraising expenses,
such as certain advertising expenses associated with raising
these contributions, must be reported on the appropriate lines
in Part IX, column (D), and not on line 8b.
Line 8c. Enter on line 8c the difference between lines 8a and
8b. Show any loss in parentheses. The organization must report
net income from fundraising events as unrelated business
revenue (column (C)) or as revenue excluded from tax under
section 512, 513, or 514 (column (D)).
Line 8a. Enter in the line 8a box the gross income from
fundraising events, not including the amount of contributions
from fundraising events reported on line 1c. Report the line 1c
amount in the line 8a parenthetical. If the sum of the amounts
reported on line 1c and the line 8a box exceeds $15,000, then
the organization must answer “Yes” on Part IV, line 18, and
complete Schedule G (Form 990), Part II. If gaming is conducted
at a fundraising event, the income and expenses must be
allocated between the gaming and the fundraising event on
Form 990, Part VIII; report all income from gaming on line 9a.
Compute the organization's gross income from fees, ticket
sales, or other revenue from fundraising events.
Fundraising events include:
Fundraising events don't include:
• Dinners/dances,
• Sales or gifts of goods or services of
only nominal value,
• Raffles or lotteries in which prizes
have only nominal value, and
• Solicitation campaigns that generate
only contributions.
• Door-to-door sales of merchandise,
• Concerts,
Example 1. If an organization receives a donation of a
home theater system with an FMV of $5,000 at the time of
donation; sells the system for $7,500 at an auction, after having
displayed the system and its FMV (which remains $5,000) at and
before auction so that its value was known to the bidders; and
incurs $500 in costs related to selling the system at auction, it
should report the following amounts in Part VIII:
Line 1c (contributions from
fundraising events):
Line 1f (all other contributions):
Line 1g (noncash contributions):
Line 8a (gross income from
fundraising events):
Line 8a parenthetical (contributions
reported on line 1c):
Line 8b (direct expenses: $5,000
FMV on donation date + $500 in
auction costs):
Line 8c (net income from fundraising
event, line 8a minus line 8b):
• Carnivals,
• Sports events, and
Proceeds from these activities are
considered contributions and should
be reported on line 1f.
$5,000
$5,000
$5,000
$2,500
$5,500
($500)
Example 2. If the home theater system in Example 1 sold at
auction for $2,500 instead of $7,500, and all other facts in
Example 1 remain the same, then the organization should report
the following amounts in Part VIII:
• Auctions.
Fundraising events don't include events or activities that
substantially further the organization's exempt purpose even if
they also raise funds. Revenue from such program service
activities is reported on line 2.
Example. An organization formed to promote and preserve
folk music and related cultural traditions holds an annual folk
music festival featuring concerts, handcraft demonstrations, and
2021 Instructions for Form 990
$2,500
-41-
Line 1c (contributions from
fundraising events):
Line 1f (all other contributions):
Line 1g (noncash contributions):
Line 8a (gross income from
fundraising events):
Line 8a parenthetical (contributions
reported on line 1c):
Line 8b (direct expenses: $5,000
FMV on donation date + $500 in
auction costs):
Line 8c (net income from fundraising
event, line 8a minus line 8b):
Line 10a. Enter the organization's gross income from sales of
inventory items, less returns and allowances. Sales of inventory
items reportable on line 10a are sales of items that are donated
to the organization, that the organization makes to sell to others,
or that it buys for resale. Sales of inventory don't, however,
include the sale of goods related to a fundraising event, which
must be reported on line 8. Sales of investments on which the
organization expected to profit by appreciation and sale aren't
reported here. Report sales of investments on line 7.
The organization must report the sales revenue regardless of
whether the sales activity is an exempt function of the
organization or an unrelated trade or business.
$0
$5,000
$5,000
$2,500
$0
DRAFT AS OF
November 9, 2021
$5,500
($3,000)
Line 10b. Enter the cost of goods sold related to the sales of
inventory. The usual items included in cost of goods sold are
direct and indirect labor, materials and supplies consumed,
freight-in, and a portion of overhead expenses. Marketing and
distribution costs aren't included in the cost of goods sold but are
reported as expenses in Part IX. For purposes of Part VIII, the
organization may include as cost of donated goods their fair
market value at the time of acquisition.
In both Example 1 and Example 2, the organization would
need to report the $5,000 value of this contribution on
Schedule M (Form 990) if it received over $25,000 in total
noncash contributions during the tax year.
Line 9a. Line 9a should include only gross income from
gaming activity. It shouldn't include contributions from gaming
activity, which should be reported on line 1f. Organizations that
report more than $15,000 on line 9a must also answer “Yes” on
Part IV, line 19, and complete Part III of Schedule G (Form 990).
Line 10c. Enter in the appropriate columns (A) through (D) the
net income or (loss) from the sale of inventory items. Show any
loss in parentheses.
Line 11. Enter all other types of revenue not reportable on lines
1 through 10. Enter the three largest sources on lines 11a
through 11c and all other revenue on line 11d.
Types of gaming include, but aren't limited to:
- Bingo
- Pull tabs
- Instant bingo
- Raffles
- Scratch-offs
- Charitable gaming tickets
- Break-opens
- Hard cards
- Banded tickets
- Jar tickets
- Pickle cards
- Nevada Club tickets
- Certain Casino nights
- Certain Las Vegas nights
- Coin-operated
gambling devices
including:
• Slot machines
• Electronic video
slot or line games
• Video poker
• Video blackjack
• Video keno
• Video bingo
• Video pull tab
games
For each amount entered on lines 11a, 11b, and 11c, the
TIP organization must also enter a corresponding business
activity code from Business Activity Codes, later. If you
don't see a code for the activity you are trying to categorize,
select the appropriate code from the NAICS website at 2017
NAICS Census Chart. Select the most specific 6-digit code
available that describes the activity producing the income. Note
that most codes describe more than one type of activity. Avoid
using codes that describe the organization rather than the
income-producing activity. If none of the listed codes accurately
describe the activity, enter “900099.” Use of these codes doesn't
imply that the activity is unrelated to the organization's exempt
purpose.
Line 12. For 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).
Many games of chance are taxable. Income from bingo
games isn’t generally subject to the tax on unrelated business
income if the games meet the legal definition of bingo. For a
game to meet the legal definition of bingo, wagers must be
placed, winners must be determined, and prizes or other
property must be distributed in the presence of all persons
placing wagers in that game.
A wagering game that doesn't meet the legal definition of
bingo doesn't qualify for the exclusion, regardless of its name.
For example, instant bingo, in which a player buys a
pre-packaged bingo card with pull tabs that the player removes
to determine if he or she is a winner, doesn't qualify. See Pub.
598.
Part IX. Statement of Functional
Expenses
Check the box in the heading of Part IX if Schedule O (Form
990) contains any information pertaining to this part.
Use the organization's normal accounting method to
complete this section. If the organization's accounting system
doesn't allocate expenses, the organization can use any
reasonable method of allocation. The organization must report
amounts accurately and document the method of allocation in its
records. Report any expense described on lines 1–23 on the
appropriate line; don't report such expense on line 24. Don't
report in Part IX expenses that must be reported on line 6b, 7b,
8b, 9b, or 10b in Part VIII.
Line 9b. Enter on this line the expenses that relate directly to
the production of the revenue portion of the gaming activity.
Direct expenses of gaming include:
• Cash prizes;
• Noncash prizes;
• Compensation to bingo callers and workers;
• Rental of gaming equipment; and
• Cost of gaming supplies such as pull tabs, bingo cards, etc.
Column (A)—Total
Section 501(c)(3) and 501(c)(4) organizations must complete
columns (A) through (D).
All other organizations must complete column (A) but can
complete columns (B), (C), and (D).
Line 9c. Enter the difference between lines 9a and 9b. Show
any loss in parentheses.
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2021 Instructions for Form 990
!
fundraising expenses all expenses, including allocable overhead
costs, incurred in (a) publicizing and conducting fundraising
campaigns; and (b) soliciting bequests and grants from
individuals, foundations, other organizations, or governmental
units that are reported on Part VIII, line 1. This includes
expenses incurred in participating in federated fundraising
campaigns; preparing and distributing fundraising manuals,
instructions, and other materials; and preparing to solicit or
receive contributions. Report direct expenses of fundraising
events in Part VIII, line 8b, rather than in Part IX, column (D).
However, report indirect expenses of fundraising events, such
as certain advertising expenses, in Part IX, column (D), rather
than in Part VIII, line 8b.
State reporting requirements can be different from IRS
reporting requirements applicable to Part IX.
CAUTION
Column (B)—Program Services
Program services are mainly those activities that further the
organization's exempt purposes. Fundraising expenses
shouldn't be reported as program service expenses even though
one of the organization's purposes is to solicit contributions.
Include lobbying expenses in this column if the lobbying is
directly related to the organization's exempt purposes.
DRAFT AS OF
November 9, 2021
Example. Foundation M, an organization exempt under
section 501(c)(3), has the exempt purpose of improving health
care for senior citizens. Foundation M operates in State N. The
legislature of State N is considering legislation to improve
funding of health care for senior citizens. Foundation M lobbies
state legislators in support of the legislation. 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).
Program services can also include the organization's
unrelated trade or business activities. Publishing a magazine
is a program service even though the magazine contains both
editorials and articles that further the organization's exempt
purpose as well as advertising, the income from which is taxable
as unrelated business income.
Also include costs to secure a grant, or contract, to conduct
research, produce an item, or perform a program service, if the
activities are conducted to meet the grantor’s or other
contracting party’s specific needs. Don't report these costs as
fundraising expenses in column (D). Costs to solicit restricted or
unrestricted grants to provide services to the general public
should be reported in column (D).
Example. For an employee who works on fundraising 40%
of the time and program management 60% of the time, an
organization must allocate that employee's salary 40% to
fundraising and 60% to program service expenses. It can’t report
the 100% of salary as program expenses simply because the
employee spent over 50% of his time on program management.
Allocating Indirect Expenses
Direct costs are expenses that can be identified specifically with
an organization's activity or project, and can be assigned to an
activity or project with a high degree of accuracy. Indirect costs
are costs that can't be identified specifically with an activity or
project. For example, a computer bought by a university
specifically for a research project is a direct cost. In contrast, the
costs of software licensing for programs that run on all the
university's computers are indirect costs.
Colleges, universities, hospitals, and other organizations that
incur indirect expenses in various cost centers (such as
organizational memberships, books and subscriptions, and
regular telecommunications costs) can allocate and report such
expenses in the following manner.
1. Report the expenses of all indirect cost centers in column
(C), lines 5 through 24.
2. As a separate line item of line 24, enter “Allocation of
[name of indirect cost center] expenses.”
a. If any of the cost center's expenses are allocated to
expenses listed in Part VIII such as the expenses attributable to
fundraising events and activities, enter such expenses as a
negative figure in columns (A) and (C).
b. Allocate expenses to column (B) or (D) as positive
amounts.
c. Add the amounts in columns (B) and (D) and enter the
sum as a negative offsetting amount in column (C). Don't make
any entries in column (A) for these offsetting entries.
Column (C)—Management and General
Use column (C) to report expenses that relate to the
organization's overall operations and management, rather than
to fundraising activities or program services. Overall
management usually includes the salaries and expenses of the
organization's chief executive officer and his or her staff, unless
a part of their time is spent directly supervising program services
or fundraising activities. In that case, their salaries and expenses
should be allocated among management, fundraising, and
program services.
Expenses incurred to manage investments must be reported
in column (C). Lobbying expenses should be reported in this
column if they don't directly relate to the organization's exempt
purposes.
Organizations must also report the following in column (C):
costs of board of directors' meetings; committee meetings, and
staff meetings (unless they involve specific program services or
fundraising activities); general legal services; accounting
(including patient accounting and billing); general liability
insurance; office management; auditing, human resources, and
other centralized services; preparation, publication, and
distribution of an annual report; and management of
investments.
However, report expenses related to the production of
program-related income in column (B) and expenses related to
the production of rental income on Part VIII, line 6b. Rental
expenses incurred for the organization's office space or facilities
are reported on line 16.
Don't use this column to report costs of special meetings or
other activities that relate to fundraising or specific program
services.
Example. An organization reports in column (C) $50,000 of
its actual management and general expenses and $100,000 of
expenses of an indirect cost center that are allocable in part to
other functions. The total of lines 5 through 24 of column (C)
would be $150,000 before the indirect cost center allocations
were made. Assume that of the $100,000 total expenses of the
cost center, $10,000 was allocable to fundraising; $70,000 to
various program services; $15,000 to management and general
functions; and $5,000 to special events and activities. To report
this in Part IX under this optional method:
1. Indicate the cost center, the expenses of which are being
allocated, on line 24 as “Allocation of [specify the indirect cost
center] expenses”;
2. Enter a decrease of $5,000 on the same line in column
(A), Total expenses, representing the fundraising event
expenses that were already reported in Part VIII, on line 8b;
3. Enter $70,000 on the same line in column (B), Program
service expenses;
Column (D)—Fundraising
Fundraising expenses are the expenses incurred in soliciting
cash and noncash contributions, gifts, and grants. Report as
2021 Instructions for Form 990
-43-
If the organization reported on line 1 more than $5,000 of
grants or other assistance to any domestic organization or
to any domestic government, the organization must complete
Parts I and II of Schedule I (Form 990), Grants and Other
Assistance to Organizations, Governments, and Individuals in
the United States.
Section 501(c)(21) trusts. Use line 1 to report amounts paid
by the trust to:
• The Federal Black Lung Disability Trust Fund pursuant to
section 3(b)(3) of Public Law 95-227, or
• For insurance exclusively covering liabilities under sections
501(c)(21)(A)(i)(I), and 501(c)(21)(A)(i)(IV). For details, see
Regulations section 1.501(c)(21)-1(d).
4. Enter $10,000 on the same line in column (D),
Fundraising expenses; and
5. Enter a decrease of $85,000 on the same line in column
(C), Management and general expenses, to represent the
allocations to functional areas other than management and
general.
After making these allocations, the column (C), line 25, total
functional expenses would be $65,000, consisting of the
$50,000 actual management and general expense amount and
the $15,000 allocation of the aggregate cost center expenses to
management and general.
DRAFT AS OF
November 9, 2021
The above is an example of a one-step allocation that shows
how to report the allocation in Part IX. This reporting method
would actually be more useful to avoid multiple-step allocations
involving two or more cost centers. Without this optional
reporting method, the total expenses of the first cost center
would be allocated to the other functions, and might include an
allocation of part of these expenses to another cost center. The
expenses of the second cost center would then be allocated to
other functions and, perhaps, to other cost centers, and so on.
The greater the number of these cost centers that are allocated
out, the more difficult it is to preserve the object classification
identity of the expenses of each cost center (for example,
salaries, interest, supplies, etc.). Using the reporting method
described above avoids this problem.
Line 2. Enter the amount paid by the organization to domestic
individuals in the form of scholarships, fellowships, stipends,
research grants, and similar payments and distributions.
Also include grants and other assistance paid to third-party
providers for the benefit of specified domestic individuals. For
example, a grant payment to a hospital to cover the medical
expenses of a specific patient must be reported on line 2. By
comparison, a grant to the same hospital to provide services to
the general public or to unspecified charity patients must be
reported on line 1.
If line 2 exceeds $5,000, the organization must complete
Parts I and III of Schedule I (Form 990).
Section 501(c)(21) trusts. Use line 2 to report amounts paid
by the trust to or for the benefit of miners or their beneficiaries.
The intent of the above instructions is only to facilitate
reporting indirect expenses by both object classification
CAUTION and function. These instructions don't authorize the
allocation to other functions of expenses that should be reported
as management and general expenses.
!
Line 3. The organization must enter the total amount of grants
and other assistance made to foreign organizations, foreign
governments, and foreign individuals, and to domestic
organizations or domestic individuals for the purpose of
providing grants or other assistance to designated foreign
organizations or foreign individuals.
If line 3 exceeds $5,000, the organization may have to
complete Part II and/or Part III of Schedule F (Form 990),
Statement of Activities Outside the United States. See the
Instructions for Schedule F (Form 990) for more information.
Grants and Other Assistance to
Governments, Organizations, and
Individuals
Organizations should report the amount of grants and other
assistance on lines 1 through 3. Report expenses incurred in
selecting recipients or monitoring compliance with the terms of a
grant or award on lines 5 through 24. See the following
instructions.
Line 4. Enter the payments made by the organization to provide
benefits to members (such as payments made by an
organization exempt under section 501(c)(8), 501(c)(9), or
501(c)(17) to obtain insurance benefits for members, or
patronage dividends paid by section 501(c)(12) organizations to
their members). Don't report on this line the cost of
employment-related benefits such as health insurance, life
insurance, or disability insurance provided by the organization to
its officers, directors, trustees, key employees, and other
employees. Report such costs for officers, directors, trustees,
and key employees on Part IX, line 5; report such costs for other
disqualified persons on Part IX, line 6; and report such costs for
other employees on Part IX, lines 8 and 9.
Note. Organizations can report this information according to
ASC 958 but aren't required to do so. For example, an
organization that follows ASC 958 and makes a grant during the
tax year to be paid in future years should report the grant's
present value on this year's Form 990 and report accruals of
additional value increments in future years.
Line 1. Enter the amount that the organization, at its own
discretion, paid in grants to domestic organizations and
domestic governments. United Way and similar federated
fundraising organizations should report grants to member or
participating agencies on line 1. Organizations must report
voluntary grants to state or local affiliates for specific (restricted)
purposes or projects on line 1.
Line 5. Enter the total compensation paid to current officers,
directors, trustees, and key employees (as defined in Part
VII) for the organization's tax year. Compensation includes all
forms of income and other benefits earned or received from the
filing organization, common paymasters, and payroll/reporting
agents in return for services rendered to the filing organization,
Allocating Indirect Expenses—Example
Line
(A)
5–24a
(B)
$150,000
24b Allocation of $100,000 indirect cost center expenses reported
in (C)
25
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(C)
-
(D)
$150,000
-
(5,000)
70,000
(85,000)
10,000
$145,000
$70,000
$65,000
$10,000
2021 Instructions for Form 990
compensation taxes, and other state and local payroll taxes.
Don't include on line 10 taxes withheld from employees' salaries
and paid to various governmental units such as federal, state,
and local income taxes and the employees' shares of social
security and Medicare taxes. Such withheld amounts are
reported as compensation.
including compensation reported on Forms W-2 and 1099,
pension plan contributions and accruals, and other employee
benefits, but doesn't include non-compensatory expense
reimbursements or allowances. Report all compensation
amounts relating to such an individual, including those related to
services performed in a capacity other than as an officer,
director, trustee, or key employee.
Line 11. Fees for services paid to nonemployees (independent contractors). Enter on lines 11a through 11g
amounts for services provided by independent contractors for
management, legal, accounting, lobbying, professional
fundraising services, investment management, and other
services, respectively. Include amounts whether or not a Form
1099 was issued to the independent contractor. Don't include
on line 11 amounts paid to or earned by employees, officers,
directors, trustees, or disqualified persons for these types of
services, which must be reported on lines 5 through 7.
If the organization is able to distinguish between fees paid for
independent contractor services and expense payments or
reimbursements to the contractor(s), report the fees paid for
services on line 11 and the expense payments or
reimbursements on the applicable lines in Part IX (including
line 24 if no other line is applicable). If the organization is unable
to distinguish between service fees and expense payments or
reimbursements, report all such amounts on line 11.
Compensation for Part IX is reported based on the
TIP accounting method and tax year used by the
organization, rather than the definitions and calendar
year used to complete Part VII or Schedule J (Form 990)
regarding compensation of certain officers, directors,
trustees, and other employees.
DRAFT AS OF
November 9, 2021
Note. To the extent the following examples discuss allocation of
expenses in columns (B), (C), and (D), they apply only to filers
required to complete those columns.
Line 6. Section 501(c)(3), 501(c)(4), and 501(c)(29)
organizations must report the total compensation and other
distributions provided to disqualified persons and persons
described in section 4958(c)(3)(B) to the extent not included on
line 5. See Appendix G.
Compensation includes all forms of income and other
benefits earned or received from the filing organization, common
paymasters, and payroll/reporting agents in return for services
rendered to the filing organization, including compensation
reported on Forms W-2 and 1099, pension plan contributions
and accruals, and other employee benefits, but doesn't include
non-compensatory expense reimbursements or allowances.
Line 11a. Management fees. Enter the total fees charged for
management services provided by outside firms and individuals.
Line 11b. Legal fees. Enter the total legal fees charged by
outside firms and individuals. Don't include any penalties, fines,
settlements, or judgments imposed against the organization as a
result of legal proceedings. Report those expenses on line 24.
Report any amounts for lobbying services provided by attorneys
on line 11d.
Line 7. Enter the total amount of employee salaries, wages,
fees, bonuses, severance payments, and similar amounts paid
or provided from the filing organization, common paymasters,
and payroll/reporting agents in return for services rendered to
the filing organization that aren't reported on line 5 or 6.
Line 11c. Accounting fees. Enter the total accounting and
auditing fees charged by outside firms and individuals.
Line 8. Enter the employer's share of contributions to, or
accruals under, qualified and nonqualified pension and deferred
compensation plans for the year. The organization should
include contributions made by the filing organization, common
paymasters, and payroll/reporting agents to the filing
organization's sections 401(k) and 403(b) pension plans on
behalf of employees. However, it shouldn't include contributions
to qualified pension, profit-sharing, and stock bonus plans under
section 401(a) solely for the benefit of current or former officers,
directors, trustees, key employees, or disqualified persons,
which are reportable on line 5 or 6.
Line 11d. Lobbying fees. Enter amounts for activities intended
to influence foreign, national, state, or local legislation, including
direct lobbying and grassroots lobbying.
Line 11e. Professional fundraising fees. Enter amounts paid
for professional fundraising services, including solicitation
campaigns and advice or other consulting services supporting
in-house fundraising campaigns. If the organization is able to
distinguish between fees paid for professional fundraising
services and amounts paid for fundraising expenses such as
printing, paper, envelopes, postage, mailing list rental, and
equipment rental, then fees paid for professional fundraising
services should be reported on line 11e and amounts paid for
fundraising expenses should be reported on line 24 as other
expenses. If the organization is unable to distinguish between
these amounts, it should report all such fees and amounts on
line 11e.
Complete Form 5500 for the organization's plan and file
TIP it as a separate return. If the organization has more than
one pension plan, complete a Form 5500 for each plan.
File the form by the last day of the 7th month after the plan year
ends.
Line 9. Other employee benefits. Enter contributions by the
filing organization, common paymasters, and payroll/reporting
agents to the filing organization's employee benefit programs
(such as insurance, health, and welfare programs that aren't an
incidental part of a pension plan included on line 8), and the cost
of other employee benefits.
For example, report expenses for employee events such as a
picnic or holiday party on line 9. Don't include contributions on
behalf of current or former officers, directors, trustees, key
employees, or other persons that were included on line 5 or 6.
Line 11f. Investment management fees. Enter amounts for
investment counseling and portfolio management. Monthly
account service fees are considered portfolio management
expenses, and must be reported here. Don't include transaction
costs such as brokerage fees and commissions, which are
considered sales expenses and are included on Part VIII,
line 7b.
Line 11g. Other fees for services. Enter amounts for other
independent contractor services not listed on lines 11a
through 11f. For example, amounts paid to an independent
contractor for advocacy services that don't constitute lobbying
should be reported here. For health care organizations,
payments to health care professionals who are independent
contractors are reported on line 11g. Report on line 11g
payments to payroll agents, common paymasters, and other
Line 10. Payroll taxes. Enter the amount of federal, state, and
local payroll taxes for the year but only those taxes that are
imposed on the organization as an employer. This includes the
employer's share of social security and Medicare taxes, the
federal unemployment tax (FUTA), state unemployment
2021 Instructions for Form 990
-45-
as part of an executive or employee compensation program, the
leasing costs are considered employee compensation, and are
reported on lines 5 through 7.
third parties for services provided by those third parties to the
filing organization. Report on lines 5–10, as appropriate,
payments that reimburse third parties for compensation to the
organization's officers, directors, trustees, key employees,
or other employees. Report payments to contractors for
information technology services on line 14, rather than on
line 11g.
Line 18. Payments of travel or entertainment expenses for
any federal, state, or local public officials. Enter total
amounts for travel or entertainment expenses (including
reimbursement for such costs) for any federal, state, or local
public officials (as determined under section 4946(c)) and their
family members (as determined under section 4946(d)). Report
amounts for a particular public official only if aggregate
expenditures for the year relating to such official (including family
members of such official) exceed $1,000 for the year.
For expenditures that aren't specifically identifiable to a
particular individual, the organization can use any reasonable
allocation method to estimate the cost of the expenditure to an
individual. Amounts not described above can be included in the
reported total amount for line 18 or can be reported on line 24.
The organization is responsible for keeping records of all travel
and entertainment expenses related to a government official
whether or not the expenses are reported on line 18 or line 24.
If the amount on line 11g exceeds 10% of the amount on
line 25, column (A), the organization must list the type and
amount of each line 11g expense on Schedule O (Form 990).
DRAFT AS OF
November 9, 2021
Line 12. Advertising and promotion expenses. Enter
amounts paid for advertising. Include amounts for print and
electronic media advertising. Also include Internet site link costs,
signage costs, and advertising costs for the organization's
in-house fundraising campaigns. Include fees paid to
independent contractors for advertising, except for fees paid to
independent contractors for conducting professional
fundraising services or campaigns, which are reported on
line 11e.
Line 13. Office expenses. Enter amounts for supplies (office,
classroom, or other supplies); telephone (cell phones and
landlines) and facsimile; postage (overnight delivery, parcel
delivery, trucking, and other delivery expenses) and mailing
expenses; shipping materials; equipment rental; bank fees; and
other similar costs. Also include printing costs of a general
nature. Printing costs that relate to conferences or conventions
must be reported on line 19.
Line 19. Conferences, conventions, and meetings. Enter
the total expenses incurred by the organization in conducting
meetings related to its activities. Include such expenses as
facility rentals, speakers' fees and expenses, and printed
materials. Include the registration fees (but not travel expenses)
paid for sending any of the organization's staff to conferences,
conventions, and meetings conducted by other organizations.
Travel expenses incurred by officers, directors, and
employees attending such conferences, conventions, and
meetings must be reported on line 17.
Line 14. Information technology. Enter amounts for
information technology, including hardware, software, and
support services such as maintenance, help desk, and other
technical support services. Also include expenses for
infrastructure support, such as website design and operations,
virus protection and other information security programs and
services to keep the organization's website operational and
secured against unauthorized and unwarranted intrusions, and
other information technology contractor services. Report
payments to information technology employees on lines 5
through 10. Report depreciation/amortization related to
information technology on line 22.
Line 20. Interest. Enter the total interest expense for the year.
Don't include any interest attributable to rental property (reported
on Part VIII, line 6b) or any mortgage interest (reported as an
occupancy expense on line 16).
Line 21. Payments to affiliates. Enter certain types of
payments to organizations affiliated with (closely related to) the
filing organization.
Payments to affiliated state or national organizations.
Dues paid by a local organization to its affiliated state or national
(parent) organization are reported on line 21. Report on this line
predetermined quota support and dues (excluding membership
dues of the type described below) by local agencies to their
state or national organizations for unspecified purposes, that is,
general use of funds for the national organization's own program
and support services.
Purchases from affiliates. Purchases of goods or services
from affiliates aren't reported on line 21 but are reported as
expenses in the usual manner.
Expenses for providing goods or services to affiliates. In
addition to payments made directly to affiliated organizations,
expenses for providing goods or services to affiliates can be
reported on line 21 if:
• The goods or services provided aren't related to the program
services conducted by the organization furnishing them (for
example, when a local organization incurs expenses in the
production of a solicitation film for the state or national
organization); and
• The costs involved aren't connected with the management
and general or fundraising functions of the filing organization.
For example, when a local organization gives a copy of its
mailing list to the state or national organization, the expense of
preparing the copy provided can be reported on line 21, but not
the expenses of preparing and maintaining the local
organization's master list.
Voluntary awards or grants to affiliates. Don't report on
line 21 voluntary awards or grants made by the organization to
its state or national organizations for specified purposes.
Line 15. Royalties. Enter amounts for royalties, license fees,
and similar amounts that allow the organization to use
intellectual property such as patents and copyrights.
Line 16. Occupancy. Enter amounts for the use of office space
or other facilities, including rent; heat, light, power, and other
utilities expenses; property insurance; real estate taxes;
mortgage interest; and similar occupancy-related expenses.
Don't include on line 16 expenses reported as office expenses
(such as telephone expenses) on line 13.
Don't net any rental income received from leasing or
subletting rented space against the amount reported on line 16
for occupancy expenses. If the tenant's activities are related to
the organization's exempt purpose, report rental income as
program service revenue on Part VIII, line 2, and allocable
occupancy expenses on line 16. However, if the tenant's
activities aren't program related, report the rental income on Part
VIII, line 6a, and related rental expenses on Part VIII, line 6b.
Don't include employee salaries or depreciation as
occupancy expenses. These expenses are reported on lines 5
through 7 and 22, respectively.
Line 17. Travel. Enter the total travel expenses, including
transportation costs (fares, mileage allowances, and automobile
expenses), meals and lodging, and per diem payments. Travel
costs include the expenses of purchasing, leasing, operating,
and repairing any vehicles owned by the organization and used
for the organization's activities. However, if the organization
leases vehicles on behalf of its executives or other employees
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2021 Instructions for Form 990
Membership dues paid to other organizations. Report
membership dues paid to obtain general membership benefits
from other organizations, such as regular services, publications,
and other materials, on line 24. This is the case if a charitable
organization pays dues to a trade association comprised of
otherwise unrelated members.
Line 26. Joint costs. Organizations that included in program
service expenses (column (B) of Part IX) any joint costs from a
combined educational campaign and fundraising solicitation
must disclose how the total joint costs of all such combined
activities were allocated in Part IX between education and
fundraising. For instance, if the organization spent $100,000 on
joint costs and allocated 10% to education, it would report
$100,000 on line 26, column (A); $10,000 in column (B); and
$90,000 in column (D). Any costs reported here aren't to be
deducted from the other lines in Part IX on which they are
reported. Don't check the box unless the organization followed
SOP 98-2 (FASB ASC 958-720) in allocating such costs.
An organization conducts a combined educational campaign
and fundraising solicitation when it solicits contributions (by
mail, telephone, broadcast media, or any other means) and
includes, with the solicitation, educational material or other
information that furthers a bona fide non-fundraising exempt
purpose of the organization.
Expenses attributable to providing information regarding the
organization itself, its use of past contributions, or its planned
use of contributions received are fundraising expenses and must
be reported in column (D). Don't report such expenses as
program service expenses in column (B).
Any method of allocating joint costs between columns (B) and
(D) must be reasonable under the facts and circumstances of
each case. Most states with reporting requirements for
charitable organizations and other organizations that solicit
contributions either require or allow reporting of joint costs under
AICPA Statement of Position 98-2 (SOP 98-2), Accounting for
Costs of Activities of Not-for-Profit Organizations and State and
Local Governmental Entities That Include Fundraising, now
codified in FASB Accounting Standards Codification 958-720,
Not-for-Profit Entities—Other Expenses (FASB ASC 958-720).
Properly distinguishing between payments to affiliates
TIP and grants and allocations is especially important if the
DRAFT AS OF
November 9, 2021
organization uses Form 990 for state reporting
purposes. If the organization uses Form 990 only for reporting to
the IRS, payments to affiliated or national organizations that
don't represent membership dues reportable as miscellaneous
expenses on line 24 can be reported on either line 21 or line 1.
Line 22. Depreciation, depletion, and amortization. If the
organization records depreciation, depletion, amortization, or
similar expenses, enter the total on line 22. Include any
depreciation or amortization of leasehold improvements and
intangible assets. An organization isn't required to use the
Modified Accelerated Cost Recovery System (MACRS) to
compute depreciation reported on Form 990. For an explanation
of acceptable methods for computing depreciation, see Pub.
946, How To Depreciate Property. If an amount is reported on
this line, the organization is required to maintain books and
records to substantiate any amount reported.
Line 23. Insurance. Enter total insurance expenses other than
insurance attributable to rental property (reported on Part VIII,
line 6b). Don't report on this line payments made by
organizations exempt under section 501(c)(8), (9), or (17) to
obtain insurance benefits for members. Report those expenses
on line 4. Don't report on this line the cost of employment-related
benefits such as health insurance, life insurance, or disability
insurance provided by the organization to or for its officers,
directors, trustees, key employees, and other employees.
Report the costs for officers, directors, trustees, and key
employees on Part IX, line 5; report the costs for other
disqualified persons on Part IX, line 6; and report the costs for
other employees on Part IX, line 9. Report the costs for members
on Part IX, line 4, not on Part IX, line 23. Don't report on this line
property or occupancy-related insurance. Report those
expenses on line 16.
Part X. Balance Sheet
Check the box in the heading of Part X if Schedule O (Form 990)
contains any information pertaining to this part.
Section 501(c)(21) trusts. Use Schedule O (Form 990) to
report the fair market value (FMV) of the trust's assets at the
beginning of the mine operator's tax year within which the trust's
tax year begins.
Line 24. Other expenses. Enter the types and amounts of
expenses which weren't reported on lines 1 through 23. Include
expenses for medical supplies incurred by health care/medical
organizations. Include payments by the organization to
professional fundraisers of fundraising expenses such as
printing, paper, envelopes, postage, mailing list rental, and
equipment rental, if the organization is able to distinguish these
expense amounts from fees for professional fundraising services
reportable on line 11e. Enter the four largest dollar amounts on
lines 24a through 24d and the total of all remaining
miscellaneous expenses on line 24e. Don't include a separate
entry for “miscellaneous expenses,” “program expenses,” “other
expenses,” or a similar general category on lines 24a–d. If the
amount on line 24e exceeds 10% of the amount on line 25,
column (A), the organization must list the type and amount of
each line 24e expense on Schedule O (Form 990).
The organization must separately report the amount, if any, of
unrelated business income taxes that it paid or accrued
during the tax year on line 24.
All organizations must complete Part X. No substitute balance
sheet will be accepted. All references to Schedule D are to
Schedule D (Form 990).
Column (A)—Beginning of year. In column (A), enter the
amount from the preceding year's Form 990, column (B). If the
organization was excepted from filing Form 990 for the
preceding year, enter amounts the organization would have
entered in column (B) for that year. If this is the organization's
first year of existence, enter zeros on lines 16, 26, 32, and 33 in
column (A).
Column (B)—End of year. When Schedule D (Form 990)
reporting is required for any item in Part X, it is only for the
end-of-year balance sheet figure reported in column (B). If this is
the organization's final return, enter zeros on lines 16, 26, 32,
and 33 in column (B).
Line 1. Cash (non-interest-bearing). Enter the total funds that
the organization has in cash, including amounts held as “petty
cash” at its offices or other facilities, and amounts held in banks
in non-interest-bearing accounts. Don't include cash balances
held in an investment account with a financial institution and
reported on lines 11 through 13.
Line 25. Total functional expenses. Section 501(c)(3) and
501(c)(4) organizations. Add lines 1 through 24e and enter
the totals on line 25 in columns (A), (B), (C), and (D).
All other organizations. Add lines 1 through 24e and enter the
total on line 25 in column (A).
2021 Instructions for Form 990
Line 2. Savings and temporary cash investments. Enter the
combined total of amounts held in interest-bearing checking and
savings accounts, deposits in transit, temporary cash
investments (such as money market funds, commercial paper,
-47-
include prepayments of rent, insurance, or pension costs, and
expenses incurred for a solicitation campaign to be conducted in
a future accounting period.
and certificates of deposit), and U.S. Treasury bills or other
governmental obligations that mature in less than a year. Don't
include cash balances held in an investment account with a
financial institution and reported on lines 11 through 13. Don't
include advances to employees or officers or refundable
deposits paid to suppliers or other independent contractors.
Report the income from these investments on Part VIII, line 3.
Line 10a. Land, buildings, equipment, and leasehold improvements. Enter the cost or other basis of all land, buildings,
equipment, and leasehold improvements held at the end of the
year. Include both property held for investment purposes and
property used for the organization's exempt functions. If an
amount is reported here, answer “Yes” on Part IV, line 11a, and
complete Schedule D (Form 990), Part VI. The amount reported
on line 10a must equal the total of Schedule D, Part VI, columns
(a) and (b).
Line 3. Pledges and grants receivable, net. Enter the total of
(a) all pledges receivable, less any amounts estimated to be
uncollectible, including pledges made by officers, directors,
trustees, key employees, and highest compensated
employees; and (b) all grants receivable.
Organizations that follow ASC 958 can report the present
value of the grants receivable as of each balance sheet date.
DRAFT AS OF
November 9, 2021
Line 10b. Accumulated depreciation. Enter the total amount
of accumulated depreciation for the assets reported on line 10a.
The amount reported on line 10b must equal the total of
Schedule D (Form 990), Part VI, column (c).
Line 4. Accounts receivable, net. Enter the organization's
total accounts receivable (reduced by any allowance for doubtful
accounts) from the sale of goods and the performance of
services. Report claims against vendors or refundable deposits
with suppliers or others here, if not significant in amount.
Otherwise, report them on line 15, Other assets. Report the net
amount of all receivables due from officers, directors,
trustees, or key employees on line 5. Report receivables
(including loans and advances) due from other disqualified
persons on line 6. Receivables (including loans and advances)
from employees who aren't current or former officers, directors,
trustees, key employees, or disqualified persons must be
reported on line 7.
Line 10c. Column (A)—Beginning of year. Enter the cost or
other basis of land, buildings, and equipment, net of any
accumulated depreciation, as of the beginning of the year.
Line 10c. Column (B)—End of year. Enter line 10a minus
line 10b. The amount reported must equal the total of
Schedule D (Form 990), Part VI, column (d).
Line 11. Investments—publicly traded securities. Enter the
total value of publicly traded securities held by the
organization as investments. Publicly traded securities include
common and preferred stocks, bonds (including governmental
obligations such as bonds and Treasury bills), and mutual fund
shares that are listed and regularly traded in an over-the-counter
market or an established exchange and for which market
quotations are published or are otherwise readily available.
Report dividends and interest from these securities on Part VIII,
line 3.
Don't report on line 11 publicly traded stock for which the
organization holds 5% or more of the outstanding shares of the
same class or publicly traded stock in a corporation that
comprises more than 5% of the organization's total assets.
Report these investments on line 12.
Lines 5 and 6. Loans and other receivables from current
and former officers, directors, trustees, key employees,
and creator or founder, substantial contributor, or 35%
controlled entity or family member of any of these persons.
Report on line 5 loans and other receivables due from current or
former officers, directors, trustees, key employees, and
creator or founder, substantial contributor, or 35%
controlled entity or family member of any of these persons.
Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations must
also report on line 6 receivables due from other disqualified
persons (for purposes of section 4958, see Appendix G), and
from persons described in section 4958(c)(3)(B). Include all
amounts owed on secured and unsecured loans made to such
persons. Report interest from such receivables on Part VIII,
line 11. Don't report on line 5 or 6 (a) pledges or grants
receivable, which are to be reported on line 3; or (b) receivables
that are excepted from reporting on Schedule L (Form 990), Part
II (except for excess benefit transactions involving
receivables). If the organization must report loans and other
receivables on either line 5 or 6, it must answer “Yes” on Part IV,
line 26.
Line 12. Investments—other securities. Enter on this line the
total value of all securities, partnerships, or funds that aren't
publicly traded. This includes stock in a closely held company
whose stock isn't available for sale to the general public or which
isn't widely traded. Other securities reportable on line 12 also
include publicly traded stock for which the organization holds 5%
or more of the outstanding shares of the same class, and
publicly traded stock in a corporation that comprises more than
5% of the organization's total assets. Don't include
program-related investments.
If an amount is reported on this line that is 5% or more of the
amount reported on Part X, line 16, answer “Yes” on Part IV,
line 11b, and complete Schedule D (Form 990), Part VII. The
amount reported on column (B), line 12, must equal the total of
Schedule D (Form 990), Part VII, column (b).
Line 7. Notes and loans receivable, net. Enter the net
amount of all notes receivable and loans receivable not listed on
lines 5 and 6, including receivables from unrelated third parties.
The term “unrelated third parties” includes independent
contractors providing goods or services and employees who
aren't current or former officers, directors, trustees, key
employees, highest compensated employees, or
disqualified persons. Don't include the following.
• Receivables reported on line 4.
• Program-related investments reported on line 13.
• Notes receivable acquired as investments reported on line 12.
Line 13. Program-related investments. Report here the total
book value of all investments made primarily to accomplish the
organization's exempt purposes rather than to produce income.
Examples of program-related investments include student loans
and notes receivable from other exempt organizations that
obtained the funds to pursue the filing organization's exempt
function.
If the amount reported on this line is 5% or more of the
amount reported on Part X, line 16, answer “Yes” on Part IV,
line 11c, and complete Part VIII of Schedule D (Form 990). The
amount reported on Part X, column (B), line 13, must equal the
total of Schedule D (Form 990), Part VIII, column (b).
Line 8. Inventories for sale or use. Enter the amount of
materials, goods, and supplies held for future sale or use,
whether purchased, manufactured by the organization, or
donated.
Line 9. Prepaid expenses and deferred charges. Enter the
amount of short-term and long-term prepayments of expenses
attributable to one or more future accounting periods. Examples
-48-
2021 Instructions for Form 990
officers, directors, trustees, key employees, creator or
founder, substantial contributor, or 35% controlled entity
or family member of any of these persons, and persons
described in section 4958(c)(3)(B). If the organization reports a
loan payable on this line, it must answer “Yes” on Part IV, line 26.
Don't report on line 22 accrued but unpaid compensation owed
by the organization. Don't report on line 22 loans and payables
excepted from reporting on Schedule L (Form 990), Part II
(except for excess benefit transactions involving receivables).
On line 23, enter the total amount of secured mortgages and
notes payable to unrelated third parties that are secured by the
organization's assets as of the end of the tax year. Report on
line 25 (and not line 23) any secured mortgages and notes
payable to related organizations.
On line 24, enter the total amount of notes and loans that are
payable to unrelated third parties but aren't secured by the
organization's assets. Report on line 25 (and not line 24) any
unsecured payables to related organizations.
Line 14. Intangible assets. Report on this line the total value
of all non-monetary, non-physical assets such as copyrights,
patents, trademarks, mailing lists, or goodwill.
Line 15. Other assets. Report on this line the total book value
of all assets held and not reported on lines 1 through 14.
If an amount is reported on this line that is 5% or more of the
amount reported on Part X, line 16, answer “Yes” on Part IV,
line 11d, and complete Schedule D (Form 990), Part IX. The
amount reported on Part X, line 15, column (B), must equal the
total of Schedule D, Part IX, column (b).
DRAFT AS OF
November 9, 2021
Line 16. Total assets. Add the totals in columns (A) and (B) of
lines 1 through 15. The amounts on line 16 must equal the
amounts on line 33 for both the beginning and end of the year.
The organization must enter a zero or a dollar amount on this
line.
Line 17. Accounts payable and accrued expenses. Enter
the total of accounts payable to suppliers, service providers,
property managers, and other independent contractors, plus
accrued expenses such as salaries payable, accrued payroll
taxes, and interest payable.
Section 501(c)(21) trusts. Include accrued trustee fees, etc.
Do not include the present value of payments for approved
claims, or the estimated liability for future claims.
Line 25. Other liabilities. Enter the total amount of all liabilities
not properly reportable on lines 17 through 24. Items properly
reported on this line include federal income taxes payable and
secured or unsecured payables to related organizations. The
organization must also answer “Yes” on Part IV, line 11e, and
complete Schedule D (Form 990), Part X.
Line 26. Total liabilities. Add the totals in columns (A) and (B),
lines 17 through 25. The organization must enter a zero or a
dollar amount on this line.
Line 18. Grants payable. Enter the unpaid portion of grants
and awards that the organization has committed to pay other
organizations or individuals, whether or not the commitments
have been communicated to the grantees.
Section 501(c)(21) trusts. Include payments for approved
black lung claims that are due but not paid. Do not include
amounts for black lung claims being contested.
Net Assets and Fund Balances
FASB Accounting Standards Codification 958, Not-for-Profit
Entities (ASC 958) provides standards for external financial
statements certified by an independent accountant for certain
types of nonprofit organizations. ASC 958-10-15-5 doesn't apply
to credit unions, voluntary employees' beneficiary associations,
supplemental unemployment benefit trusts, section 501(c)(12)
cooperatives, and other member benefit or mutual benefit
organizations.
Line 19. Deferred revenue. Report revenue that the
organization has received but not yet earned as of the balance
sheet date under its method of accounting.
Line 20. Tax-exempt bond liabilities. Enter the amount of
tax-exempt bonds (or other obligations) for which the
organization has a direct or indirect liability that were either
issued by the organization on behalf of a state or local
governmental unit, or by a state or local governmental unit on
behalf of the organization, and for which the organization has a
direct or indirect liability. Tax-exempt bonds include state or
local bonds and any obligations, including direct borrowing from
a lender, or certificates of participation, the interest on which is
excluded from the gross income of the recipient for federal
income tax purposes under section 103.
See also Part IV, line 24a, and Schedule K (Form 990).
While some states may require reporting according to FASB
ASC 958, the IRS doesn't. However, a Form 990 return prepared
according to ASC 958 will be acceptable to the IRS.
Organizations that follow ASC 958. If the organization follows
ASC 958, check the box above line 27, and complete lines 27
through 28 and lines 32 and 33. Classify and report net assets in
two groups in Part X (unrestricted, donor-restricted) based on
the existence or absence of donor-imposed restrictions and the
nature of those restrictions. Enter the sum of the two classes of
net assets on line 32. On line 33, add the amounts on lines 26
and 32 to show total liabilities and net assets. The amount on
line 33 must equal the amount on line 16.
Line 21. Escrow or custodial account liability. Enter the
amount of funds or other assets held in an escrow or custodial
account for other individuals or organizations. Enter these
amounts only if the related assets (such as cash) are reported
on lines 1 through 15 of this part. If an amount is reported on this
line, the organization must also answer “Yes” on Part IV, line 9,
and complete Schedule D (Form 990), Part IV. If the organization
has signature authority over, or another interest in, an escrow or
custodial account for which it doesn't report the assets or
liabilities, it must also answer “Yes” on Part IV, line 9, and
complete Schedule D, Part IV.
Effective for reporting years ending after December 15,
2017, ASC 958-205, Not-for-Profit
CAUTION Entities—Presentation of Financial Statements (ASC
958), addresses reporting of donor-restricted endowments
and board-designated (quasi) endowments. Further, most
states have enacted the Uniform Prudent Management of
Institutional Funds Act (UPMIFA). If the organization is subject to
UPMIFA or ASC 958, it may affect the amounts reported on
lines 27 through 28.
!
Example. A credit counseling organization collects amounts
from debtors to remit to creditors and reports the amounts
temporarily in its possession as cash on line 1 of the balance
sheet. It must then report the corresponding liability (the
amounts to be paid to the creditors on the debtors' behalf) on
line 21.
Line 27. Net assets without donor restrictions. Enter the
balance per books of net assets without donor restrictions. All
funds without donor-imposed restrictions must be reported on
line 27, regardless of the existence of any board designations or
appropriations.
Lines 22–24. Enter on line 22 the unpaid balance of loans and
other payables (whether or not secured) to current and former
2021 Instructions for Form 990
Line 28. Net assets with donor restrictions. Enter the
balance per books of net assets with donor restrictions.
-49-
Line 5. Report the net unrealized gains or losses on investments
reported in the organization's audited financial statements (or
other financial statements). This amount represents the change
in market value of investments that weren't sold or exchanged
during the tax year.
Donors' restrictions may require that resources be used after a
specified date (time restrictions), or that resources be used for a
specified purpose (purpose restrictions), or both. Donors may
also stipulate that assets, such as land or works of art, be used
for a specified purpose, be preserved, and not be sold or
donated with stipulations that they be invested to provide a
permanent source of income.
Line 6. Report the value of services or use of facilities donated
to the organization (net of services or use of facilities donated by
the organization) reported as income or expense in the financial
statements.
Organizations that don't follow ASC 958. If the organization
doesn't follow ASC 958, check the box above line 29 and
complete lines 29 through 33. Report capital stock, trust
principal, or current funds on line 29. Report paid-in capital
surplus or land, building, or equipment funds on line 30. Report
retained earnings, endowment, accumulated income, or other
funds on line 31.
DRAFT AS OF
November 9, 2021
Line 8. Report the net prior period adjustments during the tax
year reported in the financial statements. Prior period
adjustments are corrections of errors in financial statements of
prior years, or changes in accounting principles applied to such
years. The errors may include math errors, mistakes in applying
accounting principles, or oversight or misuse of facts that existed
at the time the financial statements were prepared.
Line 29. Capital stock or trust principal, or current funds.
For corporations, enter the balance per books of capital stock
accounts. Show par or stated value (or for stock with no par or
stated value, total amount received on issuance) of all classes of
stock issued and not yet canceled. For trusts, enter the amount
in the trust principal or corpus. For organizations using the fund
method of accounting, enter the fund balances for the
organization's current restricted and unrestricted funds.
Line 9. Enter the total amount of other changes in net assets or
fund balances during the year. Amounts to report here include
losses on uncollectible pledges, refunds of contributions and
program service revenue, reversal of grant expenses, any
difference between FMV and book value of property given as an
award or grant, and any other changes in net assets or fund
balances not listed on lines 5–8. Itemize these changes on
Schedule O (Form 990) and check the box in the heading of Part
XI.
Line 30. Paid-in or capital surplus, or land, building, and
equipment fund. Enter the balance of paid-in capital in excess
of par or stated value for all stock issued and not yet canceled,
as recorded on the corporation's books. If stockholders or others
made donations that the organization records as paid-in capital,
include them here. Enter the fund balance for the land, building,
and equipment fund on this line.
Line 10. Combine the amounts on lines 3 through 9. The total
must equal the amount reported on Part X, line 32, column (B).
Line 31. Retained earnings, endowment, accumulated income, or other funds. For corporations, enter the balance of
retained earnings as recorded on the corporation's books, or
similar account, minus the cost of any corporate treasury stock.
For trusts, enter the balance in the accumulated income or
similar account. For those organizations using the fund method
of accounting, enter the total of the fund balances for the net
assets without donor restrictions funds, and the net assets
with donor restrictions funds, as well as balances of any other
funds not reported on lines 29 and 30.
Part XII. Financial Statements and
Reporting
Check the box in the heading of Part XII if Schedule O (Form
990) contains any information pertaining to this part.
Line 1. Accounting method. Indicate the method of
accounting used in preparing this return. See Part D, earlier.
Provide an explanation on Schedule O (Form 990) (1) if the
organization changed its method of accounting from a prior year,
or (2) if the organization checked the “Other” accounting method
box.
Line 32. Total net assets or fund balances. For
organizations that follow ASC 958, enter the total of lines 27
through 28. For all other organizations, enter the total of lines 29
through 31. All filers must enter a zero or a dollar amount on this
line.
Line 2. Financial statements and independent accountant.
Answer “Yes” or “No” to indicate on line 2a or line 2b whether the
organization's financial statements for the tax year were
compiled, reviewed, or audited by an independent
accountant. An accountant is independent if he or she meets the
standards of independence set forth by the American Institute of
Certified Public Accountants (AICPA), the Public Company
Accounting Oversight Board (PCAOB), or another similar body
that oversees or sets standards for the accounting or auditing
professions.
Line 33. Total liabilities and net assets/fund balances.
Enter the total of line 26 and line 32. This amount must equal the
amount on line 16. The organization must enter a zero or a dollar
amount on this line.
Part XI. Reconciliation of Net Assets
Check the box in the heading of Part XI if Schedule O (Form
990) contains any information pertaining to this part.
If “Yes” on either line 2a or 2b, answer “Yes” or “No” on line 2c
to indicate whether the organization has a committee that is
responsible under its governing documents or through
delegation by its governing body for (i) overseeing the
compilation, review, or audit of the financial statements; and (ii)
the selection of an independent accountant that compiled,
reviewed, or audited the statements. Answer “Yes” only if both (i)
and (ii) apply. If this process has changed from the prior year,
describe on Schedule O (Form 990).
Line 1. Enter the amount of total revenue reported on Part VIII,
line 12, column (A).
Line 2. Enter the amount of total expenses reported on Part IX,
line 25, column (A).
Line 3. Enter the difference between lines 1 and 2.
Line 4. Enter the amount of net assets or fund balances at the
beginning of year reported on Part X, line 32, column (A). This
amount should be the same amount reported on Part X, line 33,
column (B), for the prior year’s return.
Line 3a. Single Audit Act and OMB Circular A-133. Answer
“Yes” if, during the year, the organization was required under the
Single Audit Act of 1984, as amended in 1996, and OMB
Circular A-133 to undergo an audit or audits because of its
receipt of federal contract awards. The Single Audit Act requires
states, local governments, and nonprofit organizations that
-50-
2021 Instructions for Form 990
organizations experience lower-than-average burden, with
tax-exempt organization burden varying considerably by
taxpayer type. For instance, the estimated average time burden
for all tax-exempt organizations filing Forms 990, 990-EZ,
990-PF, 990-T, and 990-N and related forms is 32.8 hours, with
an average cost of $921 per return. This average includes all
associated forms and schedules, across all preparation methods
and tax-exempt organization activities.
spend $750,000 or more of federal awards in a year to obtain an
annual audit according to the Act.
Note. The Single Audit Act of 1984 and OMB Circular A-133 are
superseded by Uniform Guidance, 2 C.F.R. Part 200, Subpart F,
and now requires states, local governments, and nonprofit
organizations that expend $750,000 (previously was $500,000)
or more of federal awards in a year to obtain an annual audit.
Line 3b. Required audits. If “Yes” on line 3a, indicate whether
the organization has undergone the required audit or audits.
Answer “Yes” if the audit was completed or in progress during
the organization's tax year. If the answer to line 3b is “No,”
explain on Schedule O (Form 990) why the organization hasn't
undergone any required audits and describe any steps taken to
undergo such audits.
DRAFT AS OF
November 9, 2021
Fiscal Year 2021 Form 990 Series Tax Compliance
Cost Estimates
Paperwork Reduction Act Notice. We ask for the information
on these forms to carry out the Internal Revenue laws of the
United States. You are required to give us the information. We
need it to ensure that you are complying with these laws and to
allow us to figure and collect the right amount of tax. You are not
required to provide the information requested on a form that is
subject to the Paperwork Reduction Act unless the form displays
a valid OMB control number. Books or records relating to a form
or its instructions must be retained as long as their contents may
become material in the administration of any Internal Revenue
law. Generally, tax returns and return information are
confidential, as required by section 6103. However, certain
returns and return information of tax-exempt organizations and
trusts are subject to public disclosure and inspection, as
provided by section 6104.
Estimates of Taxpayer Burden. These include forms in the
990 series and attachments and Forms 1023, 1024, 1028, 5578,
5884-C, 8038, 8038-B, 8038-CP, 8038-G, 8038-GC, 8038-R,
8038-T, 8038-TC, 8328, 8718, 8282, 8453-TE, 8453-X, 8868,
8870, 8871, 8872, 8879-TE, 8886-T, 8899 and their schedules
and all the forms tax-exempt organizations attach to their
information returns. Time spent and out-of-pocket costs are
presented separately. Time burden includes the time spent
preparing to file and to file, with recordkeeping representing the
largest component. Out-of-pocket costs include any expenses
incurred by tax-exempt organizations to prepare and submit their
tax returns. Examples include tax return preparation and
submission fees, postage and photocopying costs, and tax
preparation software costs. Note that these estimates don't
include burden associated with post-filing activities. IRS
operational data indicate that electronically prepared and filed
returns have fewer arithmetic errors, implying lower post-filing
burden.
Form 990-EZ
Form 990-PF Form 990-T
Form 990-N
Projections of
the Number
of Returns to
be Filed with
IRS
321,100
253,200
120,200
162,500
742,000
Estimated
Average Total
Time (Hours)
85
45
47
40
2
Estimated
Average Total
Out-of-Pocket
Costs
$2,600
$500
$2,000
$1,500
$10
Estimated
Average Total
Monetized
Burden
$8,000
$1,200
$3,900
$4,400
$30
Estimated
Total Time
(Hours)
27,220,000
11,450,000
5,600,000
6,570,000
1,630,000
Estimated
Total
Out-of-Pocket
Costs (Note.
Totals may
not add due
to rounding.)
$849,800,000
$139,000,000
$240,200,000 $237,300,000 $6,800,000
Note. Amounts above are for FY2021. Reported time and cost burdens are national averages
and don't necessarily reflect a “typical” case. Most taxpayers experience lower-than-average
burden, with taxpayer burden varying considerably by taxpayer type. Detail may not add due
to rounding.
Comments and suggestions. If you have comments
concerning the accuracy of these time estimates or suggestions
for making this form simpler, we would be happy to hear from
you. You can send us comments from IRS.gov/FormComments.
Or you can write to the Internal Revenue Service, Tax Forms and
Publications Division, 1111 Constitution Ave. NW, IR-6526,
Washington, DC 20224. Don't send your return to this address.
Instead, see the General Instructions, Section E, When, Where,
and How To File, earlier, for the location for filing your return.
Reported time and cost burdens are national averages and
don't necessarily reflect a “typical” case. Most tax-exempt
2021 Instructions for Form 990
Form 990
-51-
Business Activity Codes
The codes listed in this section are a
selection from the North American
Industry Classification System (NAICS)
that should be used in completing Form
990, Part VIII, lines 2 and 11. If you don't
see a code for the activity you are trying
to categorize, select the appropriate code
from the NAICS website at 2017 NAICS
Census. Select the most specific 6-digit
code available that describes the activity
producing the income being reported.
Note that most codes describe more than
one type of activity. Avoid using codes
that describe the organization rather than
the income-producing activity.
DRAFT AS OF
November 9, 2021
Business Activity Codes
Agriculture, Forestry, Hunting
and Fishing
Code
110000
111000
Agriculture, forestry, hunting and
fishing
Crop production
Mining
Code
211120
211130
212000
Crude petroleum extraction
Natural gas extraction
Mining (except oil and gas)
Utilities
Construction
Code
230000
236000
511190
512000
515100
517000
Utilities
Code
221000
511140
Construction
Construction of buildings
519100
519130
Code
518210
Code
310000
323100
522200
Code
423000
424000
Merchant wholesalers, durable
goods
Merchant wholesalers,
nondurable goods
Retail Trade
Code
441100
442000
443142
444100
445100
445200
446110
446199
448000
451110
451211
452000
453000
453220
453310
454110
Automobile dealers
Furniture and home furnishings
stores
Computer and software stores
Building materials and supplies
dealers
Grocery stores
Specialty food stores
Pharmacies and drug stores
All other health and personal
care stores
Clothing and clothing
accessories stores
Sporting goods stores
Book stores
General merchandise stores
Miscellaneous store retailers
Gift, novelty, and souvenir stores
Used merchandise stores
Electronic shopping and
mail-order houses
Transportation and
Warehousing
Code
485000
493000
Transit and ground passenger
transportation
Warehousing and storage
Information
Code
511110
511120
511130
Newspaper publishers (except
Internet)
Periodical publishers (except
Internet)
Book publishers (except Internet)
Code
541100
541990
541200
541300
541380
541511
541519
541610
541700
Data Processing, Hosting, and
Related Services
541800
541860
541900
Finance and Insurance
Manufacturing
Wholesale Trade
Professional, Scientific, and
Technical Services
Data Processing Services
Code
522100
Manufacturing
Printing and related support
activities
Directory and mailing list
publishers (except Internet)
Other publishers (except
Internet)
Motion picture and sound
recording industries
Radio and television
broadcasting (except Internet)
Telecommunications (including
paging, cellular, satellite, cable,
other telecommunications, and
Internet service providers)
Other information services
(including news syndicates and
libraries)
Internet Publishing
522210
522220
522291
522292
522298
523000
523920
523930
524113
524114
524126
524130
524292
524298
525100
525920
525990
Depository credit intermediation
(including commercial banking,
savings institutions, and credit
unions)
Nondepository credit
intermediation (including credit
card issuing and sales financing)
Credit card issuing
Sales Financing
Consumer lending
Real estate credit
Other nondepository credit
intermediation
Securities, commodity contracts,
and other financial investments
and related activities
Portfolio management
Investment advice
Direct life insurance carriers
Direct health and medical
insurance carriers
Direct property and casualty
insurance carriers
Reinsurance carriers
Third-party administration of
insurance and pension funds
All other insurance-related
activities
Insurance and employee benefit
funds
Trusts, estates, and agency
accounts
Other Financial vehicles
(including mortgage REITs)
Real Estate and Rental Leasing
Code
531110
531120
531190
531310
531390
532000
532420
533110
Lessors of residential buildings
and dwellings (including equity
REITs)
Lessors of nonresidential
buildings (except
minwarehouses) (including
equity REITs)
Lessors of other real estate
property (including equity REITs)
Real estate property managers
Other activities related to real
estate
Rental and leasing services
Office machinery and equipment
rental and leasing
Lessors of nonfinancial
intangible assets (except
copyrighted works)
Legal services
Consumer credit counseling
services
Accounting, tax preparation,
bookkeeping, and payroll
services
Architectural, engineering, and
related services
Testing laboratories
Custom computer programming
services
Other computer-related services
Management consulting services
Scientific research and
development services
Advertising and related services
Direct mail advertising
Other professional, scientific,
and technical services
Management of Companies and
Enterprises
Code
551111
551112
Offices of bank holding
companies
Offices of other holding
companies
621610
621910
621990
623000
623990
624100
624110
624200
624210
624310
624410
Arts, Entertainment, and
Recreation
code
711110
711120
711130
711190
711210
711300
Administrative and Support
Services
713110
713200
713910
713940
Code
561000
713990
561300
561439
561499
561500
561520
561700
Administrative and support
services
Employment services
Other business service centers
All other business support
services
Travel arrangement and
reservation services
Tour operators
Services to buildings and
dwellings
Waste Management and
Remediation Services
Code
562000
Waste management and
remediation services (sanitary
services)
Educational Services
Code
611420
611430
616000
611710
Computer training
Professional and management
development training
Other schools and instruction
(other than elementary and
secondary schools or colleges
and universities, which should
select a code to describe their
unrelated activities)
Educational support services
Healthcare and Social
Assistance
Code
621110
621300
621400
621500
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Offices of physicians
Offices of other health
practitioners
Outpatient care centers
Medical and diagnostic
laboratories
Home health care services
Ambulance services
All other ambulatory health care
services
Nursing and residential care
facilities
Other residential care facilities
Individual and family services
Community centers (except rec.
only), youth Adoption agencies
Community food and housing,
and emergency and other relief
services
Meal delivery programs, Soup
kitchens, or Food banks
Vocational rehabilitation services
Child day care services
Theater companies and dinner
theaters
Dance companies
Musical groups and artists
Other performing art companies
Spectator sports (including
sports clubs and racetracks)
Promoters of performing arts,
sports and similar events
Amusement and theme parks
Gambling industries
Golf courses and country clubs
Fitness and recreational sports
centers
All other amusement and
recreation industries (including
skiing facilities, marinas, and
bowling centers)
Accommodation and Food
Services
Code
721000
721110
721210
721310
722320
722410
722511
722513
722514
722515
Accommodation
Hotels (except casino hotels)
and motels
RV (recreational vehicle) parks
and recreational camps
Rooming and boarding houses,
dormitories, and workers’ camps
Caterers
Drinking places (alcoholic
beverages)
Full-service restaurants
Limited-service restaurants
Cafeterias and buffets
Snack and non-alcoholic
beverage bars
Other Services
Code
811000
812300
812900
812930
Repair and maintenance
Drycleaning and laundry services
Other personal services
Parking lots and garages
Other
Code
900001
900002
900003
900004
900099
Investment activities of section
501(c)(7), (9), or (17)
organizations
Rental of personal property
Passive income activities with
controlled organizations
Exploited exempt activities
Other activity
Instructions for Form 990
Glossary
NOTES:
• Words in bold within a definition are defined elsewhere within the Glossary.
• All section references are to the Internal Revenue Code (title 26 of U.S. Code) or
regulations under title 26, unless otherwise specified.
• Definitions are for purposes of filing Form 990 (and schedules) only.
35% controlled entity
An entity that is owned, directly or indirectly (for example, under constructive
ownership rules of section 267(c)), by a given person, such as the
organization's current or former officers, directors, trustees, or key
employees listed on Form 990, Part VII, Section 1, or the family members
thereof (listed persons) as follows.
DRAFT AS OF
November 9, 2021
1. A corporation in which listed persons own more than 35% of the total
combined voting power.
2. A partnership in which listed persons own more than 35% of the profits
interest.
3. A trust or estate in which listed persons own more than 35% of the
beneficial interest.
Accountable plan
A reimbursement or other expense allowance arrangement that satisfies the
requirements of section 62(c) by meeting the requirements of business
connection, substantiation, and returning amounts in excess of substantiated
expenses. See Regulations section 1.62-2(c)(2).
Activities conducted outside the United States
For purposes of Schedule F (Form 990), Statement of Activities Outside the
United States, include grantmaking, fundraising, unrelated trade or
business, program services, program-related investments, other
investments, or maintaining offices, employees, or agents in particular
regions outside the United States.
Applicable tax-exempt organization
A section 501(c)(3), 501(c)(4), or 501(c)(29) organization that is tax exempt
under section 501(a), or that was such an organization at any time during the
5-year period ending on the day of the excess benefit transaction.
Art
See Works of art.
ASC 740
See FIN 48 (ASC 740).
ASC 958
Financial Accounting Standards Board, Accounting Standards Codification 958
(ASC 958) provides standards for external financial statements certified by an
independent accountant for certain types of nonprofit organizations. ASC 958
doesn't apply to credit unions, voluntary employees' beneficiary associations,
supplemental unemployment benefit trusts, section 501(c)(12) cooperatives,
and other member benefit or mutual benefit organizations.
While some states may require reporting according to ASC 958, the IRS
doesn't. However, a Form 990 return prepared according to ASC 958 will be
acceptable to the IRS.
ASC 2016-14
Accounting Standards Update 2016-14 is codified in Accounting Standards
Codification 958, Not-for-Profit Entities (ASC 958).
Audit
A formal examination of an organization's financial records and practices by an
independent, certified public accountant with the objective of issuing a report
on the organization's financial statements as to whether those statements are
fairly stated according to generally accepted accounting principles (or other
recognized comprehensive basis of accounting).
Audited financial statements
Financial statements accompanied by a formal opinion or report prepared by
an independent, certified public accountant with the objective of assessing the
accuracy and reliability of the organization's financial statements.
Audit committee
A committee, generally established by the governing body of an organization,
with the responsibilities to oversee the organization's financial reporting
process, monitor choice of accounting policies and principles, monitor internal
control processes, or oversee hiring and performance of any external auditors.
Instructions for Form 990
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Bingo
A game of chance played with cards that are generally printed with five rows of
five squares each. Participants place markers over randomly called numbers
on the cards in an attempt to form a pre-selected pattern such as a horizontal,
vertical, or diagonal line, or all four corners. The first participant to form the
pre-selected pattern wins the game. To be a bingo game, the game must be of
the type described in which wagers are placed, winners are determined, and
prizes or other property are distributed in the presence of all persons placing
wagers in that game. Satellite, Internet, and progressive or event bingo aren't
bingo, because they are conducted in many different places simultaneously,
and the winners aren't all present when the wagers are placed, the winners are
determined, and the prizes are distributed. Thus, all revenue and expenses
associated with satellite, Internet, and progressive or event bingo should
generally be included under pull tabs. Certain bingo games within a hybrid
gaming event (such as progressive or event bingo) can also qualify as bingo if
the individual game meets the preceding definition of bingo.
DRAFT AS OF
November 9, 2021
Board-designated endowment
See Quasi-endowment.
Bond issue
An issue of two or more bonds that are:
1. Sold at substantially the same time,
2. Sold under the same plan of financing, and
3. Payable from the same source of funds.
See Regulations section 1.150-1(c).
Business relationship
For purposes of Part VI, line 2, business relationships between two persons
include the following.
1. One person is employed by the other in a sole proprietorship or by an
organization with which the other is associated as a trustee, director, officer,
or greater-than-35% owner.
2. One person is transacting business with the other (other than in the
ordinary course of either party's business on the same terms as are generally
offered to the public), directly or indirectly, in one or more contracts of sale,
lease, license, loan, performance of services, or other transaction involving
transfers of cash or property valued in excess of $10,000 in the aggregate
during the organization's tax year. Indirect transactions are transactions with an
organization with which the one person is associated as a trustee, director,
officer, or greater-than-35% owner. Such transactions don't include charitable
contributions to tax-exempt organizations.
3. The two persons are each a director, trustee, officer, or
greater-than-10% owner in the same business or investment entity (but not in
the same tax-exempt organization).
Ownership is measured by stock ownership (either voting power or value) of
a corporation, profits or capital interest in a partnership or limited liability
company, membership interest in a nonprofit organization, or beneficial interest
in a trust. Ownership includes indirect ownership (for example, ownership in an
entity that has ownership in the entity in question); there can be ownership
through multiple tiers of entities.
Cash contributions
Contributions received in the form of cash, checks, money orders, credit card
charges, wire transfers, and other transfers and deposits to a cash account of
the organization.
Central organization
The organization, sometimes referred to as the parent organization, that holds
a group exemption letter for one or more subordinate organizations under
its general supervision and control.
CEO, executive director, or top management
official
See Top management official. “CEO” stands for chief executive officer.
Certified historic structure
Any building or structure listed in the National Register of Historic Places as
well as any building certified as being of historic significance to a registered
historic district. See section 170(h)(4)(B) for special rules that apply to
contributions made after August 17, 2006.
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Instructions for Form 990
Church
Certain characteristics are generally attributed to churches. These attributes of
a church have been developed by the IRS and by court decisions. They include
distinct legal existence; recognized creed and form of worship; definite and
distinct ecclesiastical government; formal code of doctrine and discipline;
distinct religious history; membership not associated with any other church or
denomination; organization of ordained ministers; ordained ministers selected
after completing prescribed courses of study; literature of its own; established
places of worship; regular congregations; regular religious services; Sunday
schools for the religious instruction of the young; and schools for the
preparation of its ministers. The IRS generally uses a combination of these
characteristics, together with other facts and circumstances, to determine
whether an organization is considered a church for federal tax purposes. A
convention or association of churches is generally treated like a church for
federal tax purposes. See Pub. 1828, Tax Guide for Churches and Religious
Organizations.
DRAFT AS OF
November 9, 2021
Closely held stock
Generally, shares of stock in a closely held company that isn't available for sale
to the general public or which isn't widely traded (see further explanation in the
instructions for Part X, line 12, and Schedule M (Form 990), Noncash
Contributions, line 10).
Collectibles
Include autographs, sports memorabilia, dolls, stamps, coins, books (other
than books and publications reported on line 4 of Schedule M (Form990)),
gems, and jewelry (other than costume jewelry reportable on line 5 of
Schedule M (Form 990)).
Collections of works of art, historical
treasures, and other similar assets
Include collections, as described in ASC 958-360-45, of works of art,
historical treasures, and other similar assets held for public exhibition,
education, or research in furtherance of public service.
Compensation
Unless otherwise provided, all forms of cash and noncash payments or
benefits provided in exchange for services, including salary and wages,
bonuses, severance payments, deferred payments, retirement benefits, fringe
benefits, and other financial arrangements or transactions such as personal
vehicles, meals, housing, personal and family educational benefits,
below-market loans, payment of personal or family travel, entertainment, and
personal use of the organization's property. Compensation includes payments
and other benefits provided to both employees and independent
contractors in exchange for services. See also deferred compensation,
nonqualified deferred compensation, and reportable compensation.
Compilation (compiled financial statements)
A compilation is a presentation of financial statements and other information
that is the representation of the management or ownership of an organization
and which hasn't been reviewed or audited by an independent accountant.
Conflict of interest policy
A policy that defines conflict of interest, identifies the classes of individuals
within the organization covered by the policy, facilitates disclosure of
information that can help identify conflicts of interest, and specifies procedures
to be followed in managing conflicts of interest. A conflict of interest arises
when a person in a position of authority over an organization, such as an
officer, director, or manager, can benefit financially from a decision he or she
could make in such capacity, including indirect benefits such as to family
members or businesses with which the person is closely associated. For this
purpose, a conflict of interest doesn't include questions involving a person's
competing or respective duties to the organization and to another organization,
such as by serving on the boards of both organizations, that don't involve a
material financial interest of, or benefit to, such person. For a description of
“conflict of interest” for purposes of determining whether governing body
members who are reviewing a potential excess benefit transaction have a
conflict of interest, pursuant to Regulations section 53.4958-6(c)(1)(iii), see the
instructions for Part VI, line 15.
Instructions for Form 990
-55-
Conservation easement
A restriction (granted in perpetuity) on the use that may be made of real
property granted exclusively for conservation purposes. Conservation
purposes include preserving land areas for outdoor recreation by, or for the
education of, the general public; protecting a relatively natural habitat of fish,
wildlife, or plants, or a similar ecosystem; preserving open space, including
farmland and forest land, where such preservation will yield a significant public
benefit and is either for the scenic enjoyment of the general public or pursuant
to a clearly defined federal, state, or local governmental conservation policy;
and preserving a historically important land area or a certified historic structure.
For more information, see section 170(h) and Notice 2004-41, 2004-1 C.B. 31.
DRAFT AS OF
November 9, 2021
Contributions
Unless otherwise provided, includes donations, gifts, bequests, grants, and
other transfers of money or property to the extent that adequate consideration
isn't provided in exchange and that the contributor intends to make a gift,
whether or not made for charitable purposes. A transaction can be partly a sale
and partly a contribution, but discounts provided on sales of goods in the
ordinary course of business shouldn't be reported as contributions. Neither
donations of services (such as the value of donated advertising space,
broadcast air time, or discounts on services) nor donations of use of materials,
equipment, or facilities should be reported as contributions. For purposes of
Form 990, a distribution to a section 501(c)(3) organization from a split-interest
trust (for example, charitable remainder trust, charitable lead trust) is reportable
as a contribution. See also cash contributions and noncash contributions.
-56-
Instructions for Form 990
Control
For purposes of determining related organizations:
Control of a nonprofit organization (or other organization without owners or
persons having beneficial interests, whether the organization is taxable or tax
exempt)
One or more persons (whether individuals or organizations) control a nonprofit
organization if they have the power to remove and replace (or to appoint, elect,
or approve or veto the appointment or election of, if such power includes a
continuing power to appoint, elect, or approve or veto the appointment or
election of, periodically or in the event of vacancies) a majority of the nonprofit
organization's directors or trustees, or a majority of members who elect a
majority of the nonprofit organization's directors or trustees. Such power can be
exercised directly by a (parent) organization through one or more of the
(parent) organization's officers, directors, trustees, or agents, acting in their
capacity as officers, directors, trustees, or agents of the (parent) organization.
Also, a (parent) organization controls a (subsidiary) nonprofit organization if a
majority of the subsidiary's directors or trustees are trustees, directors, officers,
employees, or agents of the parent.
DRAFT AS OF
November 9, 2021
Control of a stock corporation
One or more persons (whether individuals or organizations) control a stock
corporation if they own more than 50% of the stock (by voting power or value)
of the corporation.
Control of a partnership or limited liability company
One or more persons control a partnership if they own more than 50% of the
profits or capital interests in the partnership (including a limited liability
company treated as a partnership or disregarded entity for federal tax
purposes, regardless of the designation under state law of the ownership
interests as stock, membership interests, or otherwise). A person also controls
a partnership if the person is a managing partner or managing member of a
partnership or limited liability company which has three or fewer managing
partners or managing members (regardless of which partner or member has
the most actual control), or if the person is a general partner in a limited
partnership which has three or fewer general partners (regardless of which
partner has the most actual control). For this purpose, a “managing partner” is a
partner designated as such under the partnership agreement, or regularly
engaged in the management of the partnership even though not so designated.
Control of a trust with beneficial interests
One or more persons control a trust if they own more than 50% of the beneficial
interests in the trust. A person's beneficial interest in a trust shall be determined
in proportion to that person's actuarial interest in the trust as of the end of the
tax year. See Regulations sections 301.7701-2, -3, and -4 for more information
on classification of corporations, partnerships, disregarded entities, and trusts.
Control can be indirect. See the Schedule R (Form 990) instructions for a
description of indirect control.
Controlled entity
Instructions for Form 990
An organization controlled by a controlling organization under section
512(b)(13). A controlled entity may be a nonprofit organization. For the
definition of control in this context, see section 512(b)(13)(D) and Regulations
section 1.512(b)-1(l)(4) (substituting “more than 50%” for “at least 80%” in the
regulation, for purposes of this definition). Controlled entities are a subset of
related organizations. For purposes of Form 990, controlled entities don't
include disregarded entities of the filing organization.
-57-
Controlling organization under section 512(b)
(13)
An exempt organization that controls a controlled entity. Section 512(b)(13)
treats payments of interest, annuity, royalties, and rent from a controlled entity
to a controlling organization as unrelated business taxable income under
certain circumstances. Control in this context means (i) in the case of a
corporation, ownership (by vote or value) of more than 50% of the stock in such
corporation; (ii) in the case of a partnership, ownership of more than 50% of the
profits interests or capital interests in such partnership; or (iii) in any other case,
ownership of more than 50% of the beneficial interests in the entity. Section
318 (relating to constructive ownership of stock) shall apply for purposes of
determining ownership of stock in a corporation. Similar principles shall apply
for purposes of determining ownership of interests in any other entity.
DRAFT AS OF
November 9, 2021
Core form
The Form 990, Return of Organization Exempt From Income Tax. It doesn't
include any schedules that may be attached to Form 990.
Credit counseling services
Include the providing of information to the general public on budgeting,
personal finance, and saving and spending practices, or assisting individuals
and families with financial problems by providing them with counseling. See
section 501(q)(4)(A).
Current year
The tax year for which the Form 990 is being filed; see also fiscal year.
Debt management plan services
Services related to the repayment, consolidation, or restructuring of a
consumer's debt, including the negotiation with creditors of lower interest rates,
the waiver or reduction of fees, and the marketing and processing of debt
management plans. See section 501(q)(4)(B).
Defeasance escrow
An irrevocable escrow established to redeem the bonds on their earliest call
date in an amount that, together with investment earnings, is sufficient to pay all
the principal of, and interest and call premiums on, bonds from the date the
escrow is established to the earliest call date. See Regulations section
1.141-12(d)(5).
Deferred compensation
Compensation that is earned or accrued in, or is attributable to, one year and
deferred to a future year for any reason, whether or not funded, vested,
qualified or nonqualified, or subject to a substantial risk of forfeiture. However,
a deferral of compensation that causes an amount to be deferred from the
calendar year ending with or within the tax year to a date that isn't more than
21/2 months after the end of the calendar year ending with or within the tax year
isn't treated as deferred compensation for purposes of Form 990, if such
compensation is currently reported as reportable compensation. Deferred
compensation may or may not be included in reportable compensation for
the current year.
Director
See Director or trustee.
Director or trustee
Unless otherwise provided, a member of the organization's governing body at
any time during the tax year, but only if the member has any voting rights. A
member of an advisory board that doesn't exercise any governance authority
over the organization isn't considered a director or trustee.
Disqualified person
A. For purposes of section 4958; Form 990, Parts IX and X; and Schedule L
(Form 990), Transactions With Interested Persons, Parts I and II, any person
(including an individual, corporation, or other entity) who was in a position to
exercise substantial influence over the affairs of the applicable tax-exempt
organization at any time during a 5-year period ending on the date of the
transaction. If the 5-year period ended within the organization's tax year, the
organization may treat the person as a disqualified person for the entire tax
year. Persons who hold certain powers, responsibilities, or interests are among
those who are in a position to exercise substantial influence over the affairs of
the organization.
-58-
Instructions for Form 990
A disqualified person includes:
• A disqualified person's family member;
• A 35% controlled entity of a (1) disqualified person, and/or (2) family members
of the disqualified person;
• A donor or donor advisor to a donor advised fund; or
• An investment advisor of a sponsoring organization.
The disqualified persons of a supported organization include the
disqualified persons of a section 509(a)(3) supporting organization that
supports the supported organization.
DRAFT AS OF
November 9, 2021
See Appendix G for more information on disqualified persons and section
4958 excess benefit transactions.
B. Under section 4946, a disqualified person includes the following.
1. A substantial contributor, which is any person who gave an aggregate
amount of more than $5,000, if that amount is more than 2% of the total
contributions the foundation or organization received from its inception
through the end of the year in which that person's contributions were received.
If the organization is a trust, a substantial contributor includes the creator of the
trust (without regard to the amount of contributions the trust received from the
creator and related persons). Any person who is a substantial contributor at any
time generally remains a substantial contributor for all future periods even if
later contributions by others push that person's contributions below the 2%
figure discussed above. Gifts from the contributor's spouse are treated as gifts
from the contributor. Gifts are generally valued at FMV as of the date the
organization received them.
2. A foundation manager, defined as an officer, director, or trustee of the
organization or any individual having powers or responsibilities similar to those
of officers, directors, or trustees.
3. An owner of more than 20% of the voting power of a corporation, profits
interest of a partnership, or beneficial interest of a trust or an unincorporated
enterprise that is a substantial contributor to the organization.
4. A family member of an individual in the first three categories. For this
purpose, “family member” includes only the individual's spouse, ancestors,
children, grandchildren, and great-grandchildren, and the spouses of children,
grandchildren, and great-grandchildren.
5. A corporation, partnership, trust, or estate in which persons described in
(1) through (4) above own more than 35% of the voting power, profits interest,
or beneficial interest.
For purposes of section 509(a)(2), as referenced in Schedule A (Form 990),
Public Charity Status and Public Support, a disqualified person is defined in
section 4946, except that it doesn't include an organization described in section
509(a)(1).
For purposes of section 509(a)(3), as referenced in Schedule A (Form 990),
a disqualified person is defined in section 4946, except that it doesn't include a
foundation manager or an organization described in section 509(a)(1) or 509(a)
(2).
Disregarded entity or entities
An entity wholly owned by the organization that is generally not treated as a
separate entity for federal tax purposes (for example, single-member limited
liability company of which the organization is the sole member). See
Regulations sections 301.7701-2 and -3. A disregarded entity must generally
use the EIN of its sole member. An exception applies to employment taxes: for
wages paid to employees of a disregarded entity, the disregarded entity must
file separate employment tax returns and use its own EIN on such returns. See
Regulations sections 301.6109-1(h) and 301.7701-2(c)(2)(iv).
Domestic government
See Governmental unit.
Domestic individual
An individual who lives or resides in the United States and isn't a foreign
individual.
Instructions for Form 990
-59-
Domestic organization
A corporation or partnership is domestic if created or organized in the United
States or under the law of the United States or of any state or possession. A
trust is domestic if a court within the United States or a U.S. possession is
able to exercise primary supervision over the administration of the trust, and
one or more U.S. persons (or persons in possessions of the United States)
have the authority to control all substantial decisions of the trust.
Donor advised fund
A fund or account:
DRAFT AS OF
November 9, 2021
1. That is separately identified by reference to contributions of a donor or
donors,
2. That is owned and controlled by a sponsoring organization, and
3. For which the donor or donor advisor has or reasonably expects to
have advisory privileges in the distribution or investment of amounts held in the
donor advised funds or accounts because of the donor's status as a donor.
A donor advised fund doesn't include any fund or account:
1. That makes distributions only to a single identified organization or
governmental entity; or
2. In which a donor or donor advisor gives advice about which individuals
receive grants for travel, study, or other similar purposes, if:
a. The donor or donor advisor's advisory privileges are performed
exclusively by such person in his or her capacity as a committee member in
which all of the committee members are appointed by the sponsoring
organization;
b. No combination of donors or donor advisors (and related persons as
defined below) directly or indirectly controls the committee; and
c. All grants from the fund or account are awarded on an objective and
nondiscriminatory basis following a procedure approved in advance by the
board of directors of the sponsoring organization. The procedure must be
designed to ensure that all grants meet the requirements of section 4945(g)(1),
(2), or (3); or
3. That the IRS exempts from being treated as a donor advised fund
because either such fund or account is advised by a committee not directly or
indirectly controlled by the donor or donor advisor or such fund benefits a
single identified charitable purpose. For example, see section 5.01 of Notice
2006-109, 2006-51 I.R.B. 1121, and any future related guidance.
Donor advisor
Donor-Imposed Restriction
Any person appointed or designated by a donor to advise a sponsoring
organization on the distribution or investment of amounts held in the donor's
donor advised fund.
A donor stipulation (donors include other types of contributors, including
makers of certain grants) that specifies a use for a contributed asset that is
more specific than broad limits resulting from:
• The nature of the not-for-profit entity,
• The environment in which it operates, or
• The purposes specified in its articles of incorporation or bylaws or comparable
documents for an unincorporated association.
Some donors impose restrictions that are temporary in nature, for example,
stipulating that resources may be used only after a specified date, for particular
programs or services, or to acquire buildings and/or equipment. Other donors
impose restrictions that are perpetual in nature, for example, stipulating that
resources be maintained in perpetuity.
Donor-Restricted Endowment Fund
An endowment fund created by a donor stipulation (donors include other types
of contributors, including makers of certain grants) requiring investment of the
gift in perpetuity or for a specified term. Some donors or laws may require that a
portion of income, gains, or both be added to the gift and invested subject to
similar restrictions.
EIN
Employer identification number, a nine-digit number. Use Form SS-4 to apply
for an EIN.
-60-
Instructions for Form 990
Employee
Any individual who, under the usual common law rules applicable in
determining the employer-employee relationship, has the status of an
employee, and any other individual who is treated as an employee for federal
employment tax purposes under section 3121(d). See Pub. 1779 for more
information.
Endowment fund
An established fund of cash, securities, or other assets to provide income for
the maintenance of a not-for-profit entity. The use of the assets of the fund may
be with or without donor-imposed restrictions. Endowment funds are generally
established by donor-restricted gifts and bequests to provide a source of
income perpetuity or for a specified period. Alternatively, a not-for-profit's
governing board may earmark a portion of its net assets (see
Quasi-endowment).
DRAFT AS OF
November 9, 2021
Escrow or custodial account
Refers to an account (whether a segregated account at a financial institution or
a set-aside on the organization's books and records) over which the
organization has signature authority, in which the funds are held for the benefit
of other organizations or individuals, whether or not the funds are reported on
Part X, line 21, and whether or not the account is labeled as “escrow account,”
“custodial account,” “trust account,” or some similar term. An escrow or
custodial account doesn't include a split-interest trust (or the beneficial interest
in such trust) described in section 4947(a)(2) for which the filing organization is
a trustee, other than a trust in the trade or business of lending money, repairing
credit, or providing debt management plan services, payment processing, or
similar services.
Excess benefit transaction
In the case of an applicable tax-exempt organization, any transaction in
which an excess benefit is provided by the organization, directly or indirectly to,
or for the use of, any disqualified person, as defined in section 4958. Excess
benefit generally means the excess of the economic benefit received from the
applicable organization over the consideration given (including services) by a
disqualified person, but see the special rules below regarding donor advised
funds and supporting organizations. See Appendix G for more information.
•
•
•
•
Donor advised fund. For a donor advised fund, an excess benefit
transaction also includes a grant, loan, compensation, or similar payment
from the fund to a:
Donor or donor advisor,
Family member of a donor or donor advisor,
35% controlled entity of a donor or donor advisor, or
35% controlled entity of a family member of a donor or donor advisor.
The excess benefit in this transaction is the amount of the grant, loan,
compensation, or similar payments.
For additional information, see the Instructions for Form 4720.
•
•
•
•
Supporting organization. For any supporting organization, defined in
section 509(a)(3), an excess benefit transaction also includes grants, loans,
compensation, or similar payments provided by the supporting organization to
a:
Substantial contributor,
Family member of a substantial contributor,
35% controlled entity of a substantial contributor, or
35% controlled entity of a family member of a substantial contributor.
For this purpose, the excess benefit is defined as the amount of the grant, loan,
compensation, or similar payments. Additionally, an excess benefit
transaction includes any loans provided by the supporting organization to a
disqualified person (other than an organization described in section 509(a)(1),
(2), or (4)).
Exempt bond
Instructions for Form 990
See Tax-exempt bond.
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Fair market value (FMV)
The price at which property, or the right to use property, would change hands
between a willing buyer and a willing seller, neither being under any
compulsion to buy, sell, or transfer property or the right to use property, and
both having reasonable knowledge of relevant facts.
Family member, family relationship
Unless specified otherwise, the family of an individual includes only his or her
spouse (see Rev. Rul. 2013-17 regarding same-sex marriage), ancestors,
brothers and sisters (whether whole or half blood), children (whether natural or
adopted), grandchildren, great-grandchildren, and spouses of brothers, sisters,
children, grandchildren, and great-grandchildren.
DRAFT AS OF
November 9, 2021
FIN 48 (FASB ASC 740)
Financial Accounting Standards Board (FASB) Interpretation No. 48,
Accounting for Uncertainty in Income Taxes, an interpretation of FASB
Statement No. 109, now codified in FASB Accounting Standards Codification
740, Income Taxes (ASC 740). The organization can be required to provide in
Schedule D (Form 990), Supplemental Financial Statements, the text of the
footnote to its financial statements regarding the organization's liability for
uncertain tax positions under FIN 48 (ASC 740).
Financial statements
An organization's statements of revenue and expenses and balance sheet, or
similar statements prepared regarding the financial operations of the
organization.
Fiscal year
An annual accounting period ending on the last day of a month other than
December. See also Tax year and Current year.
Foreign government
A governmental agency or entity, or a political subdivision thereof, that isn't
classified as a United States agency or governmental unit, regardless of
where it is located or operated.
Foreign individual
A person, including a U.S. citizen or resident, who lives or resides outside the
United States. For purposes of Form 990, Part IX, and Schedule F (Form 990),
Statement of Activities Outside the United States, a person who lives or resides
outside the United States at the time the grant is paid or distributed to the
individual is a foreign individual.
Foreign organization
An organization that isn't a domestic organization. A foreign organization
includes an affiliate that is organized as a legal entity separate from the filing
organization, but doesn't include any branch office, account, or employee of a
domestic organization located outside the United States.
Fundraising
See Fundraising activities.
Fundraising activities
Activities undertaken to induce potential donors to contribute money,
securities, services, materials, facilities, other assets, or time. They include
publicizing and conducting fundraising campaigns; maintaining donor mailing
lists; conducting fundraising events; preparing and distributing fundraising
manuals, instructions, and other materials; professional fundraising
services; and conducting other activities involved with soliciting contributions
from individuals, foundations, governments, and others. Fundraising activities
don't include gaming, the conduct of any trade or business that is regularly
carried on, or activities substantially related to the accomplishment of the
organization's exempt purpose (other than by raising funds).
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Instructions for Form 990
Fundraising events
Include dinners and dances, door-to-door sales of merchandise, concerts,
carnivals, sports events, auctions, casino nights (in which participants can play
casino-style games but the only prizes or auction items provided to participants
are noncash items that were donated to the organization), and similar events
not regularly carried on that are conducted for the primary purpose of raising
funds. Fundraising events don't include:
1. The conduct of a trade or business that is regularly carried on;
2. Activities substantially related to the accomplishment of the
organization's exempt purposes (other than by raising funds);
3. Solicitation campaigns that generate only contributions, which may
involve gifts of goods or services from the organization of only nominal value, or
sweepstakes, lotteries, or raffles in which the names of contributors or other
respondents are entered in a drawing for prizes of only nominal value; and
4. Gaming.
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November 9, 2021
GAAP
See Generally accepted accounting principles.
Gaming
Includes (but isn't limited to) bingo, pull tabs/instant bingo (including satellite
and progressive or event bingo), Texas Hold-Em Poker, 21, and other card
games involving betting, raffles, scratch-offs, charitable gaming tickets,
break-opens, hard cards, banded tickets, jar tickets, pickle cards, Lucky Seven
cards, Nevada Club tickets, casino nights/Las Vegas nights (other than events
not regularly carried on in which participants can play casino-style games but
the only prizes or auction items provided to participants are noncash items that
were donated to the organization, which events are fundraising events), and
coin-operated gambling devices. Coin-operated gambling devices include slot
machines, electronic video slot or line games, video poker, video blackjack,
video keno, video bingo, video pull tab games, etc. See Pub. 3079,
Tax-Exempt Organizations and Gaming.
Generally accepted accounting principles/
GAAP
The accounting principles set forth by the Financial Accounting Standards
Board (FASB) and the American Institute of Certified Public Accountants
(AICPA) that guide the work of accountants in reporting financial information
and preparing audited financial statements for organizations.
Governing body
The group of one or more persons authorized under state law to make
governance decisions on behalf of the organization and its shareholders or
members, if applicable. The governing body is, generally speaking, the board
of directors (sometimes referred to as “board of trustees”) of a corporation or
association, or the trustee or trustees of a trust (sometimes referred to as the
“board of trustees”).
Government official
A federal, state, or local official described within section 4946(c).
Governmental issuer
A state or local governmental unit that issues a tax-exempt bond.
Governmental unit
A state, a possession of the United States, or a political subdivision of a
state or U.S. possession, the United States, or the District of Columbia. See
section 170(c)(1).
Grants and other assistance
For purposes of Part IX, lines 1–3; Schedule F (Form 990); and Schedule I
(Form 990), includes awards, prizes, contributions, noncash assistance, cash
allocations, stipends, scholarships, fellowships, research grants, and similar
payments and distributions made by the organization during the tax year. It
doesn't include salaries or other compensation to employees or payments to
independent contractors if the primary purpose is to serve the direct and
immediate needs of the organization (such as legal, accounting, or fundraising
services); the payment of any benefit by a section 501(c)(9) voluntary
employees' beneficiary association (VEBA) to employees of a sponsoring
organization or contributing employer, if such payment is made under the terms
of the VEBA and in compliance with section 505; or payments or other
assistance to affiliates or branch offices that aren't organized as legal entities
separate from the filing organization.
Instructions for Form 990
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Gross proceeds
For purposes of Schedule K (Form 990), Supplemental Information on
Tax-Exempt Bonds, generally any sale proceeds, investment proceeds,
transferred proceeds, and replacement proceeds of an issue. See Regulations
sections 1.148-1(b) and -1(c).
Gross receipts
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 and Appendix C. Special Gross Receipts Tests for
Determining Exempt Status of Section 501(c)(7) and 501(c)(15) Organizations.
DRAFT AS OF
November 9, 2021
Group exemption
Tax exemption of a group of organizations all exempt under the same Code
section, applied for and obtained by a central organization on behalf of
subordinate organizations under the central organization's general
supervision or control. See Rev. Proc. 80-27, 1980-1 C.B. 677; Rev. Proc.
96-40, 1996-2 C.B. 301; and Appendix E. Group Returns—Reporting
Information on Behalf of the Group, for more information.
Group return
A Form 990 filed by the central organization of a group exemption for two or
more of the subordinate organizations. See General Instructions, Section I.
Group Return, earlier, and Appendix E. Group Returns—Reporting Information
on Behalf of the Group, for more information.
Highest compensated employee
One of the five highest compensated employees of the organization (including
employees of a disregarded entity of the organization), other than current
officers, directors, trustees, or key employees, whose aggregate
reportable compensation from the organization and related organizations
is greater than $100,000 for the calendar year ending with or within the
organization's tax year. These employees should be reported in Part VII,
Section A, of Form 990.
Historical treasure
A building, structure, area, or property (real or personal) with recognized
cultural, aesthetic, or historical value that is significant in the history,
architecture, archaeology, or culture of a country, state, or city.
Hospital/hospital facility
For purposes of Schedule H (Form 990), Hospitals, a hospital, or hospital
facility, is a facility that is, or is required to be, licensed, registered, or similarly
recognized by a state as a hospital. This includes a hospital facility that is
operated through a disregarded entity or a joint venture treated as a
partnership for federal income tax purposes. It doesn't include hospital facilities
that are located outside the United States. It also doesn't include hospital
facilities that are operated by entities organized as separate legal entities from
the organization that are taxable as a corporation for federal tax purposes
(except for members of a group exemption included in a group return filed
by an organization).
Hospital organization
An organization which operates one or more hospital facilities.
Hospital (or cooperative hospital service
organization)
For purposes of Schedule A (Form 990), Public Charity Status and Public
Support, a hospital (or cooperative hospital service organization) is an
organization whose main purpose is to provide hospital or medical care. For
purposes of Schedule A, a rehabilitation institution or an outpatient clinic can
qualify as a hospital if its principal purposes or functions are the providing of
hospital or medical care, but the term doesn't include medical schools, medical
research organizations, convalescent homes, homes for children or the aged,
animal hospitals, or vocational training institutions for handicapped individuals.
Household goods
Include furniture, furnishings, electronics, appliances, linens, and other similar
items. They don't include food, paintings, antiques and other objects of art,
jewelry and gems (other than costume jewelry), and collections.
Independent contractor
An individual or organization that receives compensation for providing services
to the organization but who isn't treated as an employee. See Pub. 1779 for
more information.
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Instructions for Form 990
Independent voting member of governing
body
A voting member of the governing body, if all four of the following
circumstances applied at all times during the organization's tax year.
1. The member wasn't compensated as an officer or other employee of
the organization or of a related organization (see the Instructions for
Schedule R (Form 990), Related Organizations and Unrelated Partnerships),
except as provided in the religious exception discussed in the instructions for
Form 990, Part VI.
2. The member didn't receive total compensation or other payments
exceeding $10,000 during the organization's tax year from the organization or
from related organizations as an independent contractor, other than
reasonable compensation for services provided in the capacity as a
member of the governing body. For example, a person who receives
reasonable expense reimbursements and reasonable compensation as a
director of the organization doesn't cease to be independent merely because
he or she also received payments of $7,500 from the organization for other
arrangements.
3. Neither the member, nor any family member of the member, was
involved in a transaction with the organization (whether directly or indirectly
through affiliation with another organization) required to be reported on
Schedule L (Form 990), Transactions With Interested Persons, for the
organization's tax year.
4. Neither the member, nor any family member of the member, was
involved in a transaction with a taxable or tax-exempt related organization of a
type and amount that would be reportable on Schedule L (Form 990) if required
to be filed by the related organization.
DRAFT AS OF
November 9, 2021
A member of the governing body isn't considered to lack independence merely
because of any of the following circumstances.
1. The member is a donor to the organization, regardless of the amount of
the contribution.
2. The member has taken a bona fide vow of poverty and either:
a. Receives compensation as an agent of a religious order or a section
501(d) religious or apostolic organization, but only under circumstances in
which the member doesn't receive taxable income (for example, Rev. Rul.
77-290, 1977-2 C.B. 26; and Rev. Rul. 80-332, 1980-2 C.B. 34); or
b. Belongs to a religious order that receives sponsorship or payments from
the organization that don't constitute taxable income to the member.
3. The member receives financial benefits from the organization solely in
the capacity of being a member of the charitable or other class served by the
organization in the exercise of its exempt function, such as being a member of
a section 501(c)(6) organization, so long as the financial benefits comply with
the organization's terms of membership.
Initial contract
A binding written contract between an applicable tax-exempt organization
and a person who wasn't a disqualified person immediately before entering
into the contract.
Instant bingo
See Pull tabs.
Institutional trustee
A trustee that isn't an individual or natural person but an organization. For
instance, a bank or trust company serving as the trustee of a trust is an
institutional trustee.
Joint venture
Unless otherwise provided, a partnership, limited liability company, or other
entity treated as a partnership for federal tax purposes, as described in
Regulations sections 301.7701-1 through 301.7701-3.
Instructions for Form 990
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Key employee
For purposes of Form 990, an employee of an organization (other than an
officer, director, or trustee) who meets all three of the following tests applied
in the following order.
1. $150,000 Test. Receives reportable compensation from the
organization and all related organizations in excess of $150,000 for the
calendar year ending with or within the organization's tax year.
2. Responsibility Test. The employee:
DRAFT AS OF
November 9, 2021
a. Has responsibilities, powers or influence over the organization as a whole
similar to those of officers, directors, or trustees;
b. Manages a discrete segment or activity of the organization that represents
10% or more of the activities, assets, income, or expenses of the organization,
as compared to the organization as a whole; or
c. Has or shares authority to control or determine 10% or more of the
organization's capital expenditures, operating budget, or compensation for
employees.
3. Top 20 Test. Is one of the 20 employees (that satisfy the $150,000 Test
and Responsibility Test) with the highest reportable compensation from the
organization and related organizations for the calendar year ending with or
within the organization's tax year.
See the instructions for Part VII for examples of key employees.
Legislation
Includes action by Congress, any state legislature, any local council, or similar
governing body about acts, bills, resolutions, or similar items, or action by the
public in referenda, ballot initiatives, constitutional amendments, or similar
procedures. It doesn't include actions by executive, judicial, or administrative
bodies.
Lobbying
See Lobbying activities.
Lobbying activities
All activities intended to influence foreign, national, state, or local legislation.
Such activities include direct lobbying (attempting to influence the legislators)
and grassroots lobbying (attempting to influence legislation by influencing the
general public).
Maintaining offices, employees, or agents
For purposes of Schedule F (Form 990), Statement of Activities Outside the
United States, includes principal, regional, district, or branch offices, such
offices maintained by agents, independent contractors, and persons situated at
those offices paid wages for services performed. “Agent” is defined under
traditional agency principles (but doesn't include volunteers).
Management company
An organization that performs management duties for another organization
customarily performed by or under the direct supervision of the other
organization's officers, directors, trustees, or key employees. These
management duties include, but aren't limited to, hiring, firing, and supervising
personnel; planning or executing budgets or financial operations; and
supervising exempt operations or unrelated trades or businesses.
Medical research
For purposes of a medical research organization operated in conjunction with a
hospital (see Schedule A (Form 990), Public Charity Status and Public
Support), medical research means investigations, studies, and experiments
performed to discover, develop, or verify knowledge relating to physical or
mental diseases and impairments and their causes, diagnoses, prevention,
treatments, or control.
Member of the governing body
A person who serves on an organization's governing body, including a
director or trustee, but not if the person lacks voting power.
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Instructions for Form 990
Net assets with donor restrictions
Includes endowment funds established by donor-restricted gifts that are
maintained to provide a source of income for either a specified period of time or
until a specific event occurs (see ASC 958-205-45), as well as all other
temporarily restricted net assets held in a donor-restricted endowment,
including unappropriated income from permanent endowments that isn't
subject to a permanent restriction. After Accounting Standards Update
2016-14, ASC 958 uses two classifications, instead of three—net assets with
donor restrictions and net assets without donor restrictions. ASC 958 no longer
uses the term “temporarily-restricted endowment.”
DRAFT AS OF
November 9, 2021
The part of net assets of a not-for-profit entity that is subject to donor-imposed
restrictions.
Net assets without donor restrictions
Part of net assets of a not-for-profit entity that is not subject to donor-imposed
restrictions.
Noncash contributions
Contributions of property, tangible or intangible, other than money. Noncash
contributions include, but aren't limited to, stocks, bonds, and other securities;
real estate; works of art; stamps, coins, and other collectibles; clothing and
household goods; vehicles, boats, and airplanes; inventories of food, medical
equipment or supplies, books, or seeds; intellectual property, including patents,
trademarks, copyrights, and trade secrets; donated items that are sold
immediately after donation, such as publicly traded stock or used cars; and
items donated for sale at a charity auction. Noncash contributions don't include
volunteer services performed for the reporting organization or donated use of
materials, facilities, or equipment.
Nonexempt charitable trust
A trust that meets the following conditions.
• Isn't exempt from tax under section 501(a).
• All of its unexpired interests are devoted to charitable purposes.
• A charitable deduction was allowed for contributions to the trust under section
170, section 545(b)(2), section 642(c), section 2055, section 2106(a)(2), or section
2522, or for amounts paid by or permanently set aside by the trust under section
642(c).
Nonqualified deferred compensation
Deferred compensation that is earned pursuant to a nonqualified plan or
nongovernmental section 457 plan. Different rules can apply for purposes of
identifying arrangements subject to sections 83, 409A, 457(f), and 3121(v).
Earned but unpaid incentive compensation can be deferred pursuant to a
nonqualified deferred compensation plan.
Officer
Unless otherwise provided (for example, Signature Block, principal officer in
Heading), a person elected or appointed to manage the organization's daily
operations at any time during the tax year, such as a president, vice president,
secretary, treasurer, and, in some cases, Board Chair. The officers of an
organization are determined by reference to its organizing document, bylaws,
or resolutions of its governing body, or as otherwise designated consistent with
state law, but at a minimum include those officers required by applicable state
law. For purposes of Form 990, treat the organization's top management
official and top financial official as officers.
“On behalf of” issuer
A corporation organized under the general nonprofit corporation law of a state
whose obligations are considered obligations of a state or local governmental
unit. See Rev. Proc. 82-26, 1982-1 C.B. 476, for a description of the
circumstances under which the IRS will ordinarily issue an advance ruling that
the obligations of a nonprofit corporation were issued on behalf of a state or
local governmental unit. See also Rev. Rul. 63-20, 1963-1 C.B. 24; Rev. Rul.
59-41, 1959-1 C.B. 13; and Rev. Rul. 54-296, 1954-2 C.B. 59. An “on behalf of”
issuer also includes any corporation organized by a state or local governmental
unit specifically to issue tax-exempt bonds to further public purposes. See
Rev. Rul. 57-187, 1957-1 C.B. 65.
Organization manager
For purposes of section 4958, any officer, director, or trustee of an
applicable tax-exempt organization, or any individual having powers or
responsibilities similar to officers, directors, or trustees of the organization,
regardless of title.
Instructions for Form 990
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Political campaign activities
All activities that support or oppose candidates for elective federal, state, or
local public office. It doesn't matter whether the candidate is elected. A
candidate is one who offers himself or herself or is proposed by others for
public office. Political campaign activity doesn't include any activity to
encourage participation in the electoral process, such as voter registration or
voter education, provided that the activity doesn't directly or indirectly support
or oppose any candidate.
DRAFT AS OF
November 9, 2021
Political subdivision
A division of any state or local governmental unit which is a municipal
corporation or which has been delegated the right to exercise part of the
sovereign power of the unit. Sovereign power includes the power to make and
enforce laws.
Possession of the United States
Includes the Commonwealth of Puerto Rico, the Commonwealth of the
Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin
Islands.
Principal officer
For purposes of the Heading on page 1 of Form 990 (but not for the purposes
of the Signature Block or other parts of the Form 990), an officer of the
organization who, regardless of title, has ultimate responsibility for
implementing the decisions of the organization's governing body, or for
supervising the management, administration, or operation of the organization.
Private business use
For purposes of Schedule K (Form 990), Supplemental Information on
Tax-Exempt Bonds, use by the organization or another 501(c)(3) organization
in an unrelated trade or business. Private business use also generally
includes any use by a nongovernmental person, other than a section 501(c)(3)
organization, unless otherwise permitted through an exception or safe harbor
provided under the regulations or a revenue procedure.
Private foundation
An organization described in section 501(c)(3) that isn't a public charity.
Some private foundations are classified as operating foundations (also known
as private operating foundations) under section 4942(j)(3) or exempt operating
foundations under section 4940(d)(2). A private foundation retains its private
foundation status until such status is terminated under section 507. Thus, a
tax-exempt private foundation becomes a taxable private foundation if its
section 501(c)(3) status is revoked.
Proceeds
For purposes of Schedule K (Form 990), Supplemental Information on
Tax-Exempt Bonds, generally the sale proceeds of an issue (other than those
sale proceeds used to retire bonds of the issue that aren't deposited in a
reasonably required reserve or replacement fund). Proceeds also include any
investment proceeds from investments that accrue during the project period
(net of rebate amounts attributable to the project period). See Regulations
section 1.141-1(b).
Professional fundraising services
Services performed for the organization requiring the exercise of professional
judgment or discretion consisting of planning, management, preparation of
materials (such as direct mail solicitation packages and applications for grants
or other assistance), provision of advice and consulting regarding solicitation of
contributions, and direct solicitation of contributions, such as soliciting
restricted or unrestricted grants to provide services to the general public.
However, professional fundraising doesn't include services provided by the
organization's employees in their capacity as employees (except as provided
in the instructions for Part I, line 16a), nor does professional fundraising include
purely ministerial tasks, such as printing, mailing services, or receiving and
depositing contributions to a charity, such as services provided by a bank or
caging service.
Program-related investment
Investments made primarily to accomplish the organization's exempt purposes
rather than to produce income. Examples of program-related investments
include student loans and notes receivable from other exempt organizations
that obtained the funds to pursue the filing organization's exempt function.
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Instructions for Form 990
Public charity
An organization described in section 501(c)(3) and that is excepted from
private foundation status because it is described in section 509(a)(1) (which
cross-references sections 170(b)(1)(A)(i) through (vi), and (ix)), 509(a)(2),
509(a)(3), or 509(a)(4).
Publicly traded securities
Generally, include common and preferred stocks, bonds (including
governmental obligations such as bonds and Treasury bills), mutual fund
shares, and other investments listed and regularly traded in an
over-the-counter market or an established exchange and for which market
quotations are published or are otherwise readily available. (See further
explanation in the instructions for Part X, line 11, and Schedule M (Form 990),
Noncash Contributions, line 9).
DRAFT AS OF
November 9, 2021
Pull tabs
Includes games in which an individual places a wager by purchasing preprinted
cards that are covered with pull tabs. Winners are revealed when the individual
pulls back the sealed tabs on the front of the card and compares the patterns
under the tabs with the winning patterns preprinted on the back of the card.
Included in the definition of pull tabs are “instant bingo,” “mini bingo,” and other
similar scratch-off cards. Satellite, Internet, and progressive or event bingo are
games conducted in many different places simultaneously and the winners
aren't all present when the wagers are placed, the winners are determined, and
the prizes are distributed. Revenue and expenses associated with satellite,
Internet, and progressive bingo should be included under this category.
However, certain bingo games within a hybrid gaming event (such as
progressive or event bingo) can also qualify as bingo if the individual game
meets the preceding definition of bingo.
Qualified 501(c)(3) bond
A tax-exempt bond, the proceeds of which are used by a section 501(c)(3)
organization to advance its charitable purpose. Requirements generally
applicable to a qualified section 501(c)(3) bond under section 145 include the
following.
1. All property financed by the bond issue is to be owned by a section
501(c)(3) organization or a governmental unit.
2. At least 95% of net proceeds of the bond issue are used either by a
governmental unit or a section 501(c)(3) organization in activities that aren't
unrelated trades or businesses (determined by applying section 513).
Qualified conservation contribution
Any contribution of a qualified real property interest to a qualified organization
exclusively for conservation purposes. A “qualified real property interest”
means any of the following interests in real property.
1. The entire interest of the donor.
2. A remainder interest.
3. A restriction (such as an easement), granted in perpetuity, on the use
which may be made of the real property.
A “qualified organization” means an organization which is:
a. A governmental unit described in section 170(c)(1);
b. A publicly supported charitable organization described in sections 509(a)(1)
and 170(b)(1)(A)(vi) or section 509(a)(2) (see the instructions for Parts II and III
of Schedule A (Form 990)); or
c. A supporting organization described in sections 501(c)(3) and 509(a)(3)
that is controlled by a governmental unit or a publicly supported charitable
organization.
In addition, a qualified organization must have a commitment to protect the
conservation purposes of a qualified conservation contribution, and have the
resources to enforce the restrictions.
Instructions for Form 990
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A “conservation purpose” means:
1. The preservation of land areas for outdoor recreation by, or the
education of, the general public;
2. The protection of a relatively natural habitat of fish, wildlife, plants, or
similar ecosystems;
3. The preservation of open space (including farm and forest land) where
such preservation will yield a significant public benefit and is for the scenic
enjoyment of the general public or is pursuant to a clearly delineated federal,
state, or local governmental conservation policy; or
4. The preservation of a historically important land area or a certified
historic structure.
DRAFT AS OF
November 9, 2021
See section 170(h) for additional information, including special rules about the
conservation purpose requirement for buildings in registered historic districts.
See also Conservation easement.
Qualified state or local political organization
A type of political organization that meets the following requirements.
• It limits its exempt function to the selection process relating solely to any state or
local public office or office in a state or local political organization.
• It is required under a state law to report to a state agency (and does report)
information that would otherwise be required to be reported on Form 8872, Political
Organization Report of Contributions and Expenditures, or it is required to report
under state law (and does report) at least the following information.
1. The name and address of every person who contributes a total of $500 or
more during the calendar year and the amount of each contribution.
2. The name and address of every person to whom the organization makes
expenditures aggregating $800 or more during the calendar year, and the amount
of each expenditure.
3. Any additional information specified in section 527(j)(3), if state law requires
the reporting of that information to the state agency.
• The state agency makes the reports filed by the organization publicly available.
• The organization makes the reports filed with the state agency publicly available
in the manner described in section 6104(d).
• No federal candidate or office holder controls or materially participates in the
direction of the organization, solicits contributions to the organization, or directs
any of the organization's disbursements.
Quasi-endowment
Net assets without donor restrictions designated by an entity's governing board
to be invested to provide income for generally a long but not necessarily
specified period. A board-designated endowment, which results from an
internal designation, is generally not donor-restricted and is classified as net
assets without donor restrictions. The governing board has the right to decide
at any time to expend such funds. Also referred to as a board-designated
endowment.
Reasonable compensation
The value that would ordinarily be paid for like services by like enterprises
under like circumstances.
Reasonable effort
A reasonable amount of effort in information gathering that the organization is
expected to undertake in order to provide information requested on Form 990.
See the specific instructions for Part VI, lines 1b and 2; Part VII, Section A
(compensation from related organizations); and Schedule L (Form 990), Parts
III and IV, for examples of reasonable efforts.
Refunding escrow
One or more funds established as part of a single transaction or a series of
related transactions, containing proceeds of a refunding issue and any other
amounts to provide for payment of principal or interest on one or more prior
issues. See Regulations section 1.148-1(b).
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Instructions for Form 990
Refunding issue
An issue of obligations, the proceeds of which are used to pay principal,
interest, or redemption price on another issue (a prior issue), including the
issuance costs, accrued interest, capitalized interest on the refunding issue, a
reserve or replacement fund, or similar costs, if any, properly allocable to that
refunding issue. A current refunding issue is a refunding issue that is issued not
more than 90 days before the last expenditure of any proceeds of the refunding
issue for the payment of principal or interest on the prior issue. An advance
refunding issue is a refunding issue that isn't a current refunding issue. See
Regulations sections 1.150-1(d)(1), 1.150-1(d)(3), and 1.150-1(d)(4).
DRAFT AS OF
November 9, 2021
Related organization
An organization, including a nonprofit organization, a stock corporation, a
partnership or limited liability company, a trust, and a governmental unit or
other government entity, that stands in one or more of the following
relationships to the filing organization at any time during the tax year.
• Parent: an organization that controls the filing organization.
• Subsidiary: an organization controlled by the filing organization.
• Brother/Sister: an organization controlled by the same person or persons that
control the filing organization. However, if the filing organization is a trust that has a
bank or financial institution trustee that is also the trustee of another trust, the other
trust isn't a Brother/Sister related organization of the filing organization on the
ground of common control by the bank or financial institution trustee.
• Supporting/Supported: an organization that claims to be at any time during the
tax year, or that is classified by the IRS at any time during the tax year, as (i) a
supporting organization of the filing organization within the meaning of section
509(a)(3), if the filing organization is a supported organization within the
meaning of section 509(f)(3); or (ii) a supported organization, if the filing
organization is a supporting organization.
• Sponsoring Organization of a VEBA: an organization that establishes or
maintains a section 501(c)(9) voluntary employees’ beneficiary association (VEBA)
during the tax year. A sponsoring organization of a VEBA also includes an
employee organization, association, committee, joint board of trustees, or other
similar group of representatives of the parties which establish or maintain a VEBA.
Although a VEBA must report a sponsoring organization as a related organization,
a sponsoring organization shouldn't report a VEBA as a related organization,
unless the VEBA is related to the sponsoring organization in some other capacity
described in this definition.
• Contributing Employer of a VEBA: an employer that makes a contribution or
contributions to the VEBA during the tax year. Although a VEBA must report a
contributing employer as a related organization, a contributing employer shouldn't
report a VEBA as a related organization, unless the VEBA is related to the
contributing employer in some other capacity described in this definition.
The organization must determine its related organizations for purposes of
completing Form 990, Parts VI (Governance), VII (Compensation), VIII
(Statement of Revenue), and X (Balance Sheet); Schedule D (Form 990);
Schedule J (Form 990); and Schedule R (Form 990). See the instructions for
those parts and schedules for related organization reporting requirements.
Religious order
An organization described in Rev. Proc. 91-20, 1991-1 C.B. 524.
Reportable compensation
In general, the aggregate compensation that is reported (or required to be
reported, if greater) in box 1 or 5 of Form W-2 (whichever amount is greater);
box 1 of Form 1099-NEC; and/or in box 6 of Form 1099-MISC, for the calendar
year ending with or within the organization's tax year. For foreign persons who
receive U.S. source income, reportable compensation includes the amount
reportable in box 2 of Form 1042-S. For persons for whom compensation
reporting on Form W-2, 1099-NEC, 1099-MISC, or 1042-S isn't required
(certain foreign persons, institutional trustees, and persons whose
compensation was below the $600 reporting threshold for Form 1099-NEC or
1099-MISC), reportable compensation includes the total value of the
compensation paid in the form of cash or property during the calendar year
ending with or within the organization's tax year.
Review of financial statement
An examination of an organization's financial records and practices by an
independent accountant with the objective of assessing whether the financial
statements are plausible, without the extensive testing and external validation
procedures of an audit.
Instructions for Form 990
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School
An organization, the primary function of which is the presentation of formal
instruction, and which has a regular faculty, a curriculum, an enrolled body of
students, and a place where educational activities are regularly conducted.
Security/securities
Any bond, debenture, note, or certificate or other evidence of indebtedness
issued by a corporation, government or political subdivision, share of stock,
voting trust certificate, or any certificate of interest or participation in, certificate
of deposit or receipt for, temporary or interim certificate for, or warrant or right
to subscribe to or purchase, any of the foregoing.
DRAFT AS OF
November 9, 2021
Short accounting period
An accounting period of less than 12 months, which exists when an
organization changes its annual accounting period, and which can exist in its
initial or final year of existence (see tax year).
Short period
See Short accounting period.
Significant disposition of net assets
A disposition of net assets, consisting of a sale, exchange, disposition, or other
transfer of more than 25% of the FMV of the organization's net assets during
the year, whether or not the organization received full or adequate
consideration. A significant disposition of net assets involves:
1. One or more dispositions during the organization's tax year, amounting
to more than 25% of the FMV of the organization's net assets as of the
beginning of its tax year; or
2. One of a series of related dispositions or events begun in a prior year
that, when combined, comprise more than 25% of the FMV of the
organization's net assets as of the beginning of the tax year when the first
disposition in the series was made. Whether a significant disposition of net
assets occurred through a series of related dispositions depends on the facts
and circumstances in each case.
Examples of the types of transactions that are “a significant disposition of net
assets” required to be reported on Schedule N (Form 990), Liquidation,
Termination, Dissolution, or Significant Disposition of Assets, Part II, include:
• Taxable or tax-free sales or exchanges of exempt assets for cash or other
consideration (a social club described in section 501(c)(7) selling land or an
exempt organization selling assets it had used to further its exempt purposes);
• Sales, contributions or other transfers of assets to establish or maintain a
partnership, joint venture, or a corporation (for-profit or nonprofit) whether or not
the sales or transfers are governed by section 721 or section 351, whether or not
the transferor received an ownership interest in exchange for the transfer;
• Sales of assets by a partnership or joint venture in which the exempt partner has
an ownership interest; and
• Transfers of assets pursuant to a reorganization in which the organization is a
surviving entity.
The following types of situations aren't considered significant dispositions of
net assets for purposes of Schedule N, Part II.
• The change in composition of publicly traded securities held in an exempt
organization's passive investment portfolio.
• Asset sales made in the ordinary course of the organization's exempt activities
to accomplish the organization's exempt purposes, for example, gross sales of
inventory.
• Grants or other assistance made in the ordinary course of the organization's
exempt activities to accomplish the organization's exempt purposes, for example,
the regular charitable distributions of a United Way or other federated fundraising
organization.
• A decrease in the value of net assets due to market fluctuation in the value of
assets held by the organization.
• Transfers to a disregarded entity of which the organization is the sole member.
Sponsoring organization
Any organization which is all of the following.
• Described in section 170(c), other than governmental units described in section
170(c)(1) and without regard to section 170(c)(2)(A).
• Not a private foundation as defined in section 509(a).
• Maintains one or more donor advised funds.
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Instructions for Form 990
State of legal domicile
For a corporation, the state of incorporation (country of incorporation for a
foreign corporation formed outside the United States). For a trust or other
entity, the state whose law governs the organization's internal affairs (the
foreign country whose law governs for a foreign organization other than a
corporation).
Subordinate organization
One of the organizations, typically local in nature, that is recognized as exempt
in a group exemption letter and subject to the general supervision and control
of a central organization.
DRAFT AS OF
November 9, 2021
Supported organization
A public charity described in section 509(a)(1) or 509(a)(2) supported by a
supporting organization described in section 509(a)(3).
Supporting organization
A public charity claiming status on Form 990 or otherwise under section 509(a)
(3). A supporting organization is organized and operated exclusively to support
one or more supported organizations. A supporting organization that is
operated, supervised, or controlled by one or more supported organizations is
a Type I supporting organization. The relationship of a Type I supporting
organization with its supported organization(s) is comparable to that of a
parent-subsidiary relationship. A supporting organization supervised or
controlled in connection with one or more supported organizations is a Type II
supporting organization. A Type II supporting organization is controlled or
managed by the same persons that control or manage its supported
organization(s). A supporting organization that is operated in connection with
one or more supported organizations is a Type III supporting organization. A
Type III supporting organization is further considered either functionally
integrated with its supported organization(s) or not functionally integrated with
its supported organization(s) (Type III other). Finally, a supporting organization
can't be controlled directly or indirectly by one or more disqualified persons
(as defined in section 4946), other than foundation managers and other than
one or more public charities described in section 509(a)(1) or (2).
Tax-exempt bond
An obligation issued by or on behalf of a governmental issuer on which the
interest paid is excluded from the holder's gross income under section 103. For
this purpose, a bond can be any form of indebtedness under federal tax law,
including a bond, note, loan, or lease-purchase agreement.
Tax year
The annual accounting period for which the Form 990 is being filed, whether
the calendar year ending December 31 or a fiscal year ending on the last day of
any other month. The organization may have a short tax year in its first year of
existence, in any year when it changes its annual accounting period (for
example, from a December 31 year-end to a June 30 year-end), and in its last
year of existence (for example, when it merges into another organization or
dissolves). See also Current year, Fiscal year, and Short period.
Term endowment
An endowment fund established to provide income for a specified period.
Top financial official
The person who has ultimate responsibility for managing the organization's
finances, for example, the treasurer or chief financial officer.
Top management official
A person who has ultimate responsibility for implementing the decisions of the
organization's governing body or for supervising the management,
administration, or operation of the organization (for example, the organization's
president, CEO, or executive director).
Total assets
The amount reported on Form 990, Part X, line 16, column (B).
Trustee
See Director or trustee.
United States
Unless otherwise provided, includes the 50 states, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
Unrelated business
See Unrelated trade or business.
Unrelated business income
Income from an unrelated trade or business as defined in section 513.
Unrelated business gross income
Gross income from an unrelated trade or business as defined in section 513.
Unrelated organization
An organization that isn't a related organization to the filing organization.
Instructions for Form 990
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Unrelated trade or business
Any trade or business, the conduct of which isn't substantially related to the
exercise or performance by the organization of its charitable, educational, or
other purpose or function constituting the basis for its exemption. See Pub. 598
and the Instructions for Form 990-T for a discussion of what is an unrelated
trade or business.
U.S. possession
See Possession of the United States.
DRAFT AS OF
November 9, 2021
Volunteer
A person who serves the organization without compensation, for example, a
member of the organization's governing body who serves the organization
without compensation. “Compensation” for this purpose includes tips and
noncash benefits, except for:
• Reimbursement of expenses under a reimbursement or other expense
allowance arrangement in which there is adequate accounting to the organization,
• Working condition fringe benefits described in section 132,
• Liability insurance coverage for acts performed on behalf of the exempt
organization, and
• De minimis fringe benefits.
Voting member of the governing body
A member of the organization's governing body with power to vote on all
matters that may come before the governing body (other than a conflict of
interest that disqualifies the member from voting).
Works of art
Include paintings, sculptures, prints, drawings, ceramics, antiques, decorative
arts, textiles, carpets, silver, photography, film, video, installation and
multimedia arts, rare books and manuscripts, historical memorabilia, and other
similar objects. Art doesn't include collectibles.
Year of formation
The year in which the organization was created or formed under applicable
state law (if a corporation, the year of incorporation).
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Instructions for Form 990
Appendix of Special
Instructions to Form
990
Contents
A
B
C
D
E
F
G
H
I
J
DRAFT AS OF
November 9, 2021
Exempt Organizations Reference Chart
How To Determine Whether an Organization's Gross Receipts Are Normally $50,000 (or $5,000) or Less
Special Gross Receipts Tests for Determining Exempt Status of Section 501(c)(7) and Section 501(c)(15) Organizations
Public Inspection of Returns
Group Returns—Reporting Information on Behalf of the Group
Disregarded Entities and Joint Ventures—Inclusion of Activities and Items
Section 4958 Excess Benefit Transactions
Forms and Publications To File or Use
Use of Form 990 or 990-EZ To Satisfy State Reporting Requirements
Contributions
Instructions to Form 990
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Appendix A. Exempt
Organizations
Reference Chart
Type of Organization
Corporations Organized Under Act of Congress
I.R.C. Section
501(c)(1)
DRAFT AS OF
November 9, 2021
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) & (c)(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)
Insurance Companies or Associations Other than Life
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 6/25/1959)
501(c)(18)
Organizations of Past or Present Members of the Armed Forces
501(c)(19) & (c)(23)
Black Lung Benefit Trusts
501(c)(21)
Withdrawal Liability Payment Funds
501(c)(22)
Trusts described in section 4049 of the Employer Retirement Income Security
Act
501(c)(24)
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)
National Railroad Retirement Investment Trust
501(c)(28)
Qualified Nonprofit Health Insurance Issuers
501(c)(29)
Religious and Apostolic Associations
501(d)
Cooperative Hospital Service Organizations
501(e)
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Instructions for Form 990
Cooperative Service Organizations of Operating Educational Organizations
501(f)
Amateur Sports Organizations
501(j)
Child Care Organizations
501(k)
Charitable Risk Pools
501(n)
Political Organizations
527
DRAFT AS OF
November 9, 2021
Appendix B. How To
Determine Whether an
Organization's Gross
Receipts Are Normally
$50,000 (or $5,000) or
Less
To figure whether an organization has to
file Form 990-EZ (or Form 990), apply the
$50,000 (or $5,000) gross receipts test
(below) using the following definition of
gross receipts and information in Figuring
Gross Receipts below.
Gross Receipts
Gross receipts are the total amounts the
organization received from all sources
during its annual tax year (including short
years) without subtracting any costs or
expenses.
Don't use the definition of gross
receipts described in Appendix
CAUTION C. Special Gross Receipts Tests
for Determining Exempt Status of Section
501(c)(7) and 501(c)(15) Organizations,
to figure gross receipts for this purpose.
Those tests are limited to determining the
exempt status of section 501(c)(7) and
501(c)(15) organizations.
!
Gross receipts when acting as an
agent. If a local chapter of a section
501(c)(8) fraternal organization collects
insurance premiums for its parent lodge
and merely sends those premiums to the
parent without asserting any right to use
the funds or otherwise deriving any
benefit from them, the local chapter
doesn't include the premiums in its gross
receipts. The parent lodge reports them
instead. The same treatment applies in
other situations in which one organization
collects funds merely as an agent for
another.
Figuring Gross Receipts
Figure gross receipts for Form 990 and
990-EZ as follows.
Form 990. Gross receipts are the sum of
lines 6b(i), 6b(ii), 7b(i), 7b(ii), 8b, 9b, 10b,
and 12 (column (A)) of Form 990, Part
VIII.
Instructions for Form 990
Form 990-EZ. Gross receipts are the
sum of lines 5b, 6c, 7b, and 9 of Form
990-EZ, Part I.
Example. Organization M reported
$50,000 as total revenue on line 9 of its
Form 990-EZ. M added back the costs
and expenses it had deducted on lines
5b ($2,000); 6c ($1,500); and 7b ($500)
to its total revenue of $50,000 and
determined that its gross receipts for the
tax year were $54,000.
$50,000 Gross Receipts
Test
To determine whether an organization's
gross receipts are normally $50,000 or
less, apply the following test. An
organization's gross receipts are
considered to be normally $50,000 or
less if the organization is:
1. Up to a year old and has received,
or donors have pledged to give, $75,000
or less during its first tax year;
2. Between 1 and 3 years old and
averaged $60,000 or less in gross
receipts during each of its first 2 tax
years; or
3. Three years old or more and
averaged $50,000 or less in gross
receipts for the immediately preceding 3
tax years (including the year for which the
return would be filed).
If the organization's gross receipts are
normally $50,000 or less, it must submit
Form 990-N, Electronic Notice
(e-Postcard) for Tax-Exempt
Organizations Not Required to File Form
990 or 990-EZ, if it chooses not to file
Form 990 or 990-EZ. In general,
organizations excepted from filing Form
990 or 990-EZ because of low gross
receipts must submit Form 990-N. See
filing exceptions described in General
Instructions, Section B, earlier.
$5,000 Gross Receipts
Test
To determine whether an organization's
gross receipts are normally $5,000 or
less, apply the following test. An
organization's gross receipts are
considered to be normally $5,000 or less
if the organization is:
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1. Up to a year old and has received,
or donors have pledged to give, $7,500
or less during its first tax year;
2. Between 1 and 3 years old and
averaged $6,000 or less in gross receipts
during each of its first 2 tax years; or
3. Three years old or more and
averaged $5,000 or less in gross receipts
for the immediately preceding 3 tax years
(including the year for which the return
would be filed).
Appendix C. Special
Gross Receipts Tests
for Determining Exempt
Status of Section 501(c)
(7) and 501(c)(15)
Organizations
Section 501(c)(7) organizations (social
clubs) and section 501(c)(15)
organizations (insurance companies)
apply the same gross receipts test as
other organizations to determine whether
they must file Form 990 or 990-EZ.
However, section 501(c)(7) and section
501(c)(15) organizations are also subject
to separate gross receipts tests to
determine whether they qualify as tax
exempt for the tax year. The following
tests use a special definition of gross
receipts for purposes of determining
whether these organizations are exempt
for a particular tax year.
Section 501(c)(7). A section 501(c)(7)
organization can receive up to 35% of its
gross receipts, including investment
income, from sources outside its
membership and remain tax exempt. Part
of the 35% (up to 15% of gross receipts)
can be from public use of a social club's
facilities.
Gross receipts, for purposes of
determining the tax-exempt status of
section 501(c)(7) organizations, are the
club's income from its usual activities and
include:
• Charges;
• Admissions;
• Membership fees;
• Dues;
• Assessments; and
• Investment income (dividends, rents,
and similar receipts), and normal
recurring capital gains on investments.
Gross receipts for this purpose don't
include capital contributions (see
Regulations section 1.118-1), initiation
fees, or unusual amounts of income (the
sale of the clubhouse).
premiums or premiums paid for
reinsurance;
2. Gross investment income of a
non-life insurance company (as
described in section 834(b)); and
3. Other items that are included in
the filer's gross income under subchapter
B, chapter 1, subtitle A of the Code.
The IRS can provide copies of exempt
organization returns on DVD. Requesters
can order the complete set (for example,
all Forms 990 and 990-EZ or all Forms
990-PF filed for a year) or a partial set by
state or by month. If you are ordering a
partial set on DVD, indicate the format
(Alchemy or raw), state(s), and month(s)
you are ordering. Sample DVD requests
aren't available for individual states.
DVDs and sample DVDs aren't available
for individual exempt organizations.
Complete information, including the cost,
is available on the IRS website. Search
Copies of EO Returns Available at
IRS.gov/Charities & Non-Profits/Copies
of Scanned Returns Available.
DRAFT AS OF
November 9, 2021
College fraternities or sororities
or other organizations that
CAUTION charge membership initiation
fees, but not annual dues, must include
initiation fees in their gross receipts.
!
Section 501(c)(15). If any section
501(c)(15) insurance company (other
than life insurance) meets both parts of
the following test, then the company can
file Form 990 (or Form 990-EZ, if
applicable).
1. The company's gross receipts
must be equal to or less than $600,000.
2. The company's premiums must be
more than 50% of its gross receipts.
If the company didn't meet this test and
the company is a mutual insurance
company, then it must meet the Alternate
test next to qualify to file Form 990 (or
Form 990-EZ, if applicable). Insurance
companies that don't qualify as tax
exempt must file Form 1120-PC, U.S.
Property and Casualty Insurance
Company Income Tax Return, or Form
1120, U.S. Corporation Income Tax
Return, as taxable entities for the year.
See Notice 2006-42, 2006-19 I.R.B. 878.
Alternate test. If any section 501(c)
(15) insurance company (other than life
insurance) is a mutual insurance
company and it didn't meet the above
test, then the company must meet both
parts of the following alternate test.
1. The company's gross receipts
must be equal to or less than $150,000.
2. The company's premiums must be
more than 35% of its gross receipts.
If the company doesn't meet either test,
then it must file Form 1120-PC or Form
1120 (if the company isn't entitled to
insurance reserves) instead of Form 990
or 990-EZ.
The alternate test doesn't apply if
any employee of the mutual
CAUTION insurance company or a member
of the employee's family is an employee
of another company that is exempt under
section 501(c)(15) (or would be exempt if
this provision didn't apply).
!
Gross receipts. To determine
whether a section 501(c)(15)
organization satisfies either of the above
tests described in Appendix C, figure
gross receipts by adding:
1. Premiums (including deposits and
assessments) without reduction for return
This definition doesn't, however, include
contributions to capital. For more
information, see Notice 2006-42.
Premiums. Premiums consist of all
amounts received as a result of entering
into an insurance contract. They are
reported on Form 990, Part VIII
(Statement of Revenue), line 2, or on
Form 990-EZ, Part I, line 2.
Anti-abuse rule. The anti-abuse rule,
found in section 501(c)(15)(C), explains
how gross receipts (including premiums)
from all members of a controlled group
are aggregated in figuring the above
tests.
Appendix D. Public
Inspection of Returns
Some members of the public rely on
Form 990, or 990-EZ, as the primary or
sole source of information about a
particular organization. How the public
perceives an organization in those cases
may be determined by the information
presented on its returns.
An organization's completed Form
990 or 990-EZ is available for public
inspection as required by section 6104.
Schedule B (Form 990), Schedule of
Contributors, is open for public inspection
for section 527 organizations filing Form
990 or 990-EZ. For other organizations
that file Form 990 or 990-EZ, the names
and addresses of contributors listed on
Schedule B aren't required to be made
available for public inspection. All other
information reported on Schedule B,
including the amount of contributions, the
description of noncash contributions, and
any other information, is required to be
made available for public inspection
unless it clearly identifies the contributor.
Form 990-T filed after August 17, 2006,
by a section 501(c)(3) organization to
report any unrelated business income is
also available for public inspection and
disclosure.
Through the IRS
Use Form 4506-A, Request for a Copy of
Exempt or Political Organization IRS
Form, to request:
• A copy of an exempt or political
organization's return, report, notice, or
exemption application; or
• An inspection of a return, report,
notice, or exemption application at an
IRS office.
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The IRS can't disclose portions of an
exemption application relating to any
trade secrets, etc. Additionally, the IRS
generally can't disclose the names and
addresses of contributors. See the
Instructions for Schedule B (Form 990)
for more information about the disclosure
of that schedule.
Notice 2008-49, 2008-20 I.R.B. 979,
provides interim guidance regarding the
requirement that section 501(c)(3)
organizations and the IRS make available
for public inspection Form 990-T.
Forms 990 or 990-EZ can only be
requested for section 527 organizations
for tax years beginning after June 30,
2000.
A return, report, notice, or exemption
application can be inspected at an IRS
office free of charge. Copies of these
items can also be obtained through the
organization as discussed in the following
section.
Through the
Organization
Public inspection and distribution of
certain returns of unrelated business
income. Section 501(c)(3) organizations
that are required to file Form 990-T after
August 17, 2006, must make Form 990-T
available for public inspection under
section 6104(d)(1)(A)(ii).
Public inspection and distribution of
returns and reports for a political organization. Section 527 political
organizations required to file Form 990 or
990-EZ must, in general, make their
Forms 8871, 8872, 990, or 990-EZ
available for public inspection in the
same manner as annual information
returns of section 501(c) organizations
are made available. See Public
inspection and distribution of applications
for tax exemption and annual information
returns of tax-exempt organizations,
later. Generally, Form 8871 and Form
8872 are available for inspection and
printing at IRS.gov under the Charities &
Nonprofits tab.
Instructions for Form 990
Note that a section 527 political
TIP organization (and an organization
filing Form 990-PF) must
disclose their Schedule B (Form 990).
See the Instructions for Schedule B. The
penalties discussed in General
Instructions, Section H, Failure-To-File
Penalties, earlier, also apply to section
527 political organizations (Rev. Rul.
2003-49, 2003-20 I.R.B. 903).
• In the case of a tax-exempt
organization other than a private
foundation, the name and address of any
contributor to the organization; or
• Any material that isn't available for
public inspection under section 6104.
!
If there is no prescribed
application form, see Regulations
section 301.6104(d)-1(b)(3)(ii).
who are involved solely in managing the
exempt function activities at the site.
Special Rules Relating
to Public Inspection
Permissible conditions on public
inspection. A tax-exempt organization:
• Can have an employee present in the
room during an inspection;
• Must allow the individual conducting
the inspection to take notes freely during
the inspection; and
• Must allow the individual to photocopy
the document at no charge, if the
individual provides photocopying
equipment at the place of inspection.
Organizations that don't maintain
permanent offices. A tax-exempt
organization with no permanent office:
• Must make its application for tax
exemption and its annual information
returns available for inspection at a
reasonable location of its choice;
• Must permit public inspection within a
reasonable amount of time after receiving
a request for inspection (normally not
more than 2 weeks) and at a reasonable
time of day;
• Can mail, within 2 weeks of receiving
the request, a copy of its application for
tax exemption and annual information
returns to the requester instead of
allowing an inspection; and
• Can charge the requester for copying
and actual postage costs only if the
requester consents to the charge.
An organization that has a permanent
office, but has no office hours, or very
limited hours during certain times of the
year, must make its documents available
during those periods when office hours
are limited, or not available, as though it
were an organization without a
permanent office.
DRAFT AS OF
November 9, 2021
Public inspection and distribution of
applications for tax exemption and
annual information returns of tax-exempt organizations. Under
Regulations sections 301.6104(d)-1
through -3, a tax-exempt organization
must:
• Make its application for recognition of
exemption and its annual information
returns available for public inspection
without charge at its principal, regional,
and district offices during regular
business hours;
• Make each annual information return
available for a period of 3 years
beginning on the date the return is
required to be filed (determined with
regard to any extension of time for filing)
or is actually filed, whichever is later; and
• Provide a copy without charge (for
Form 990-T, this requirement applies
only to Forms 990-T filed after August 17,
2006), other than a reasonable fee for
reproduction and actual postage costs, of
all or any part of any application or return
required to be made available for public
inspection to any individual who makes a
request for a copy in person or in writing
(except as provided in Regulations
sections 301.6104(d)-2 and -3).
Definitions
Tax-exempt organization is any
organization that is described in section
501(c) or (d) and is exempt from taxation
under section 501(a). The term
“tax-exempt organization” also includes
any section 4947(a)(1) nonexempt
charitable trust or nonexempt private
foundation that is subject to the reporting
requirements of section 6033.
Application for tax exemption
includes:
• Any prescribed application form (Form
1023, 1023-EZ, 1024, or 1024-A),
• All documents and statements the IRS
requires an applicant to file with the form,
• Any statement or other supporting
document submitted in support of the
application, and
• Any letter or other document issued by
the IRS concerning the application.
Application for tax exemption
doesn't include:
• Any application for tax exemption filed
before July 15, 1987, unless the
organization filing the application had a
copy of the application on July 15, 1987;
Instructions for Form 990
CAUTION
Annual information return includes:
• An exact copy of the Form 990 or
Form 990-EZ filed by a tax-exempt
organization as required by section 6033,
• Any amended return the organization
files with the IRS after the date the
original return is filed (both the original
and amended return are subject to the
public inspection requirements), or
• An exact copy of Form 990-T if one is
filed by a section 501(c)(3) organization.
The copy must include all information
furnished to the IRS on Form 990,
990-EZ, or 990-T as well as all
statements, attachments, and supporting
documents, except for the name and
address of any contributor to the
organization. See the Instructions for
Schedule B (Form 990). However,
statements, attachments, and supporting
documents filed with Form 990-T that
don't relate to the imposition of unrelated
business income tax aren't required to be
made available for public inspection and
copying. See Notice 2008-49.
Annual returns more than 3 years
old. An annual information return doesn't
include any return after the expiration of 3
years from the date the return is required
to be filed (including any extension of
time that has been granted for filing the
return) or is actually filed, whichever is
later.
If an organization files an amended
return, however, the amended return
must be made available for a period of 3
years beginning on the date it is filed with
the IRS.
Local or subordinate organizations.
For rules relating to annual information
returns of local or subordinate
organizations, see Regulations section
301.6104(d)-1(f)(2).
Regional or district offices. A
regional or district office is any office of a
tax-exempt organization, other than its
principal office, that has paid employees,
whether part-time or full-time, whose
aggregate number of paid hours a week
is normally at least 120.
A site isn't considered a regional or
district office, however, if:
• The only services provided at the site
further exempt purposes (daycare, health
care, scientific or medical research); and
• The site doesn't serve as an office for
management staff, other than managers
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Special Rules Relating
to Copies
Time and place for providing
copies in response to requests made
in person. A tax-exempt organization
must:
• Provide copies of required documents
under section 6104(d) in response to a
request made in person at its principal,
regional, and district offices during
regular business hours; and
• Provide copies to a requester on the
day the request is made, except for
unusual circumstances (explained next).
Unusual circumstances. In the case
of an in-person request, where unusual
circumstances exist so that fulfilling the
request on the same business day
causes an unreasonable burden to the
tax-exempt organization, the organization
must provide the copies no later than the
next business day following the day that
the unusual circumstances cease to
exist, or the 5th business day after the
date of the request, whichever occurs
first.
Unusual circumstances include:
• Requests received that exceed the
organization's daily capacity to make
copies;
• Requests received shortly before the
end of regular business hours that
require an extensive amount of copying;
or
• Requests received on a day when the
organization's managerial staff capable
of fulfilling the request is conducting
special duties (student registration or
attending an off-site meeting or
convention), rather than its regular
administrative duties.
Agents for providing copies. For
rules relating to use of agents to provide
copies, see Regulations sections
301.6104(d)-1(d)(1)(iii) and -1(d)(2)(ii)
(C).
Request for copies in writing. A
tax-exempt organization must honor a
written request for a copy of documents
(or the requested part) required under
section 6104(d) if the request:
1. Is addressed to (and delivered by
mail, electronic mail, facsimile, or a
private delivery service, as defined in
section 7502(f)) a principal, regional, or
district office of the organization; and
2. Sets forth the address to which the
copy of the documents should be sent.
DRAFT AS OF
November 9, 2021
Time and Manner of Fulfilling Written Requests
IF the organization...
THEN the organization...
receives a written request for a copy
must mail the copy of the requested documents (or the requested parts) within 30
days from the date it receives the request.
mails the copy of the requested document
is deemed to have provided the copy on the postmark date or private delivery
mark (if sent by certified or registered mail, the date of registration or the date of
the postmark on the sender's receipt).
requires payment in advance
is required to provide the copies within 30 days from the date it receives payment.
receives a request or payment by mail
is deemed to have received it 7 days after the date of the postmark, absent
evidence to the contrary.
receives a request transmitted by electronic mail or facsimile
is deemed to have received it the day the request is transmitted successfully.
receives a written request without payment or with an insufficient payment, when
payment in advance is required
must notify the requester of the prepayment policy and the amount due within 7
days from the date of the request's receipt.
receives consent from an individual making a request
can provide a copy of the requested document exclusively by electronic mail (the
material is provided on the date the organization successfully transmits the
electronic mail).
Request for a copy of parts of a
document. A tax-exempt organization
must fulfill a request for a copy of the
organization's entire application for tax
exemption or annual information return or
any specific part or schedule of its
application or return. A request for a copy
of less than the entire application or less
than the entire return must specifically
identify the requested part or schedule.
Fees for copies. A tax-exempt
organization can charge a reasonable fee
for providing copies. Before the
organization provides the documents, it
can require that the individual requesting
copies of the documents pay the fee. If
the organization has provided an
individual making a request with notice of
the fee, and the individual doesn't pay the
fee within 30 days, or if the individual
pays the fee by check and the check
doesn't clear upon deposit, the
organization can disregard the request.
Form of payment.
a. Request made in person. If a
tax-exempt organization charges a fee
for copying, it must accept payment by
cash and money order for requests made
in person. The organization can accept
other forms of payment, such as credit
cards and personal checks.
b. Request made in writing. If a
tax-exempt organization charges a fee
for copying and postage, it must accept
payment by certified check, money order,
and either personal check or credit card
for requests made in writing. The
organization can accept other forms of
payment.
Avoidance of unexpected fees.
Where a tax-exempt organization doesn't
require prepayment and a requester
doesn't enclose payment with a request,
an organization must receive consent
from a requester before providing copies
for which the fee charged for copying and
postage exceeds $20.
Documents to be provided by
regional and district offices. Except
as otherwise provided, a regional or
district office of a tax-exempt
organization must satisfy the same rules
as the principal office for allowing public
inspection and providing copies of its
application for tax exemption and annual
information returns.
A regional or district office isn't
required, however, to make its annual
information return available for inspection
or to provide copies until 30 days after
the date the return is required to be filed
(including any extension of time that is
granted for filing the return) or is actually
filed, whichever is later.
Documents Provided by
Local and Subordinate
Organizations
Applications for tax exemption.
Except as otherwise provided, a
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tax-exempt organization that didn't file its
own application for tax exemption
(because it is a local or subordinate
organization covered by a group
exemption letter) must, upon request,
make available for public inspection, or
provide copies of, the application
submitted to the IRS by the central or
parent organization to obtain the group
exemption letter and those documents
which were submitted by the central or
parent organization to include the local or
subordinate organization in the group
exemption letter.
However, if the central or parent
organization submits to the IRS a list or
directory of local or subordinate
organizations covered by the group
exemption letter, the local or subordinate
organization is required to provide only
the application for the group exemption
ruling and the pages of the list or
directory that specifically refer to it. The
local or subordinate organization must
permit public inspection, or comply with a
request for copies made in person, within
a reasonable amount of time (normally
not more than 2 weeks) after receiving a
request made in person for public
inspection or copies and at a reasonable
time of day. See Regulations section
301.6104(d)-1(f) for further information.
Annual information returns. A local
or subordinate organization that doesn't
file its own annual information return
(because it is affiliated with a central or
Instructions for Form 990
parent organization that files a group
return) must, upon request, make
available for public inspection, or provide
copies of, the group returns filed by the
central or parent organization.
However, if the group return includes
separate statements for each local or
subordinate organization included in the
group return, the local or subordinate
organization receiving the request can
omit any statements relating only to other
organizations included in the group
return.
The local or subordinate organization
must permit public inspection, or comply
with a request for copies made in person,
within a reasonable amount of time
(normally not more than 2 weeks) after
receiving a request made in person for
public inspection or copies and at a
reasonable time of day.
When a requester seeks inspection,
the local or subordinate organization can:
• Mail a copy of the applicable
documents to the requester within the
same time period instead of allowing an
inspection; and
• Charge the requester for copying and
actual postage costs, if the requester
consents to the charge.
If the local or subordinate organization
receives a written request for a copy of its
annual information return, it must fulfill
the request by providing a copy of the
group return in the time and manner
specified in Request for copies in writing,
earlier.
The requester has the option of
requesting from the central or parent
organization, at its principal office,
inspection or copies of group returns filed
by the central or parent organization. The
central or parent organization must fulfill
the requests in the time and manner
specified in Special Rules Relating to
Public Inspection and Special Rules
Relating to Copies, earlier.
Failure to comply. Any person who
doesn't comply with the public inspection
requirements will be assessed a penalty
of $20 for each day that inspection wasn't
permitted, up to a maximum of $10,000
for each return. Organizations with gross
receipts exceeding $1 million will be
assessed a penalty of $100 for each day,
not to exceed $50,000 for each return.
The penalties for failure to comply with
the public inspection requirements for
applications are the same as those for
annual returns, except that the $10,000
limitation doesn't apply (sections 6652(c)
(1)(C) and (D)). Any person who willfully
fails to comply with the public inspection
requirements for annual returns or
exemption applications will be subject to
an additional penalty of $5,000 (section
6685).
Making Applications and
Returns Widely Available
A tax-exempt organization isn't required
to comply with a request for a copy of its
application for tax exemption or an
annual information return if the
organization has made the requested
document widely available (see below).
altered, destroyed, or lost, the entity must
correct or replace the document.
Notice requirement. If a tax-exempt
organization has made its application for
tax exemption and/or an annual
information return widely available, it
must notify any individual requesting a
copy where the documents are available
(including the address on the web, if
applicable). If the request is made in
person, the organization must provide the
notice to the individual immediately. If the
request is made in writing, the notice
must be provided within 7 days of
receiving the request.
DRAFT AS OF
November 9, 2021
Instructions for Form 990
An organization that makes its
application for tax exemption and/or
annual information return widely available
must also make the document available
for public inspection, as required under
Regulations section 301.6104(d)-1(a).
A tax-exempt organization makes its
application for tax exemption and/or an
annual information return widely available
if the organization complies with the
Internet posting requirements and the
notice requirements given below.
Internet posting. A tax-exempt
organization can make its application for
tax exemption and/or an annual
information return widely available by
posting the document on a web page that
the tax-exempt organization establishes
and maintains, or by having the
document posted, as part of a database
of similar documents of other tax-exempt
organizations, on a web page established
and maintained by another entity. The
document will be considered widely
available only if:
• The web page through which it is
available clearly informs readers that the
document is available and provides
instructions for downloading it;
• The document is posted in a format
that, when accessed, downloaded,
viewed, and printed in hard copy, exactly
reproduces the image of the application
for tax exemption or annual information
return as it was originally filed with the
IRS, except for any information permitted
by statute to be withheld from public
disclosure; and
• Any individual with access to the
Internet can access, download, view, and
print the document without special
computer hardware or software required
for that format (other than software that is
readily available to members of the public
without payment of any fee) and without
payment of a fee to the tax-exempt
organization or to another entity
maintaining the web page.
Reliability and accuracy. In order for
the document to be widely available
through an Internet posting, the entity
maintaining the web page must have
procedures for ensuring the reliability and
accuracy of the document that it posts on
the page and must take reasonable
precautions to prevent alteration,
destruction, or accidental loss of the
document when posted on its page. In
the event that a posted document is
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Tax-Exempt Organization
Subject to Harassment
Campaign
Under section 6104(d)(4), if the Office of
Associate Chief Counsel (Tax Exempt
and Government Entities) determines
that the organization is being harassed, a
tax-exempt organization isn't required to
comply with any request for copies that it
reasonably believes is part of a
harassment campaign.
Whether a group of requests is a
harassment campaign depends on the
relevant facts and circumstances such
as:
• A sudden increase in requests,
• An extraordinary number of requests
by form letters or similarly worded
correspondence,
• Hostile requests,
• Evidence showing bad faith or
deterrence of the organization's exempt
purpose,
• Prior provision of the requested
documents to the purported harassing
group, and
• A demonstration that the organization
routinely provides copies of its
documents upon request.
A tax-exempt organization can
disregard any request for copies of all or
part of any document beyond the first two
received within any 30-day period or the
first four received within any 1-year
period from the same individual or the
same address, whether or not the Office
of Associate Chief Counsel (Tax Exempt
and Government Entities) has
determined that the organization is
subject to a harassment campaign.
A tax-exempt organization can apply
for a determination that it is the subject of
a harassment campaign and that
compliance with requests that are part of
the campaign wouldn't be in the public
interest by submitting a signed
application to the Office of Associate
Chief Counsel (Tax Exempt and
Government Entities). See Rev. Proc.
2021-1, 2021-1 I.R.B. 1, or as updated
annually.
In addition, the organization can
suspend compliance with any request it
reasonably believes to be part of the
harassment campaign until it receives a
response to its application for a
harassment campaign determination.
However, if the Office of Associate Chief
Counsel (Tax Exempt and Government
Entities) determines that the organization
didn't have a reasonable basis for
requesting a determination that it was
subject to a harassment campaign or
reasonable belief that a request was part
of the campaign, the officer, director,
trustee, employee, or other responsible
individual of the organization remains
liable for any penalties for not providing
the copies in a timely fashion. See
Regulations section 301.6104(d)-3.
• Form 990, Schedule D (Supplemental
Financial Statements), Part I, lines 5 and
6.
• Form 990, Schedule D, Part II, lines 5
and 8.
• Form 990, Schedule E (Schools), lines
1–4d and 7.
• Form 990, Schedule F (Statement of
Activities Outside the United States), Part
I, line 1.
• Form 990, Schedule G (Supplemental
Information Regarding Fundraising or
Gaming Activities), Part III, line 9a.
• Form 990, Schedule I (Grants and
Other Assistance to Organizations,
Governments, and Individuals in the
United States), Part I, line 1.
• Form 990, Schedule J (Compensation
Information), Part I, lines 1b and 2.
• Form 990, Schedule M (Noncash
Contributions), Part I, line 31.
• Form 990, Schedule N (Liquidation,
Termination, Dissolution, or Significant
Disposition of Assets), Part I, lines 3, 4a–
b, 5, and 6a–c.
7. Item L. Year of formation. Leave
blank for group return.
8. Item M. State of legal domicile.
Leave blank for group return.
9. Part IV, lines 14b–19, 21–22,
and 29, dollar thresholds. Apply the
dollar thresholds for the aggregate data
for the group as a whole, not subordinate
by subordinate.
10. Part IV, line 20. Hospitals.
Answer “Yes” if any affiliate included
within the group return operated a
hospital facility.
11. Part VI, line 2. Relationships
among officers, directors, trustees,
and key employees. Describe on
Schedule O (Form 990) only
relationships between officers,
directors, trustees, and key
employees of the same subordinate
organization, not relationships between
officers, directors, trustees, and key
employees of one subordinate and
officers, directors, trustees, and key
employees of another subordinate.
12. Part VI, line 4. Significant
changes to organizational
documents. Report only changes to
standardized organizational documents
maintained by the central organization
that subordinates are required to adopt.
13. Part VI, line 5. Significant
diversion of assets. In determining
whether a diversion of a subordinate’s
assets meets the 5%/$250,000 reporting
threshold, consider only the total assets
and gross receipts of that subordinate,
not of the parent or other subordinates.
14. Part VI, line 20. Person who
possesses books and records. Identify
the person who possesses the
information furnished by the subordinate
organizations used in compiling the
group return.
15. Part VII. Compensation of
officers, directors, trustees, key
employees, and highest
compensated employees. File a single
consolidated Form 990, Part VII, showing
the officers, directors, trustees, and key
employees of each subordinate included
in the group return, and a single
consolidated Schedule J (Form 990),
Compensation Information, Part II, for all
officers, directors, trustees, and key
employees above the compensation
thresholds. Report the five highest
compensated employees and
independent contractors above
$100,000 for the whole group of
subordinates, not for each subordinate. If
one or more officers, directors, trustees,
key employees, or highest compensated
employees received compensation from
more than one organization in the group,
the person's compensation from the
DRAFT AS OF
November 9, 2021
Appendix E. Group
Returns—Reporting
Information on Behalf of
the Group
Except where otherwise instructed,
where a line calls for a dollar amount or
numerical data, the central
organization filing the group return
must aggregate the data from all the
subordinate organizations included in
the group return and report the aggregate
number. For example, in answering Form
990, Part I, line 6, the total number of
volunteers for all of the subordinate
organizations would be reported.
For purposes of Form 990, Part III,
summarize the mission and activities of
all of the subordinate organizations as if
all of the subordinate organizations were
one entity.
In general, if a line requires a Yes/No
answer and the answer isn't the same for
all subordinate organizations to which the
line applies, then check “Yes,” and
explain the answer in the schedule's
supplemental information section (if
applicable) or in Schedule O (Form 990).
For the following lines, however, check
“No” if the answer is “No” for any of the
subordinates to which the line applies,
and explain in Schedule O.
• Form 990, Part V, lines 1c, 2b, 3b, 5c,
6b, 7b, 7g, and 7h.
• Form 990, Part VI, lines 8a, 8b, 10b,
12b, and 12c.
• Form 990, Schedule C (Political
Campaign and Lobbying Activities), Part
I-B, lines 3 and 4a.
• Form 990, Schedule C, Part I-C, line 4.
• Form 990, Schedule C, Part II-A,
line 1j.
• Form 990, Schedule C, Part II-B,
line 2d.
• Form 990, Schedule C, Part III-A, lines
1–3.
The following is a list of other special
instructions for group returns.
1. Item B. Final return/terminated.
If the central organization is terminating
its group exemption and filing its final
group return, don't check the “Final
return/terminated” box. Refer to Rev.
Proc. 80-27, 1980-1 C.B. 677, as
modified, for procedures for terminating
the group exemption.
2. Item C. Name. Enter the name of
the group exemption. Note that the group
exemption may have a different name
than the central organization's name.
3. Item D. EIN. Use the special EIN
(separate from the central organization's
EIN) that is issued solely for the purposes
of the group return. The central
organization must have received a group
exemption letter before it can file a group
ruling.
4. Items E, F, and J. Enter
information for the central organization
only.
5. Item H. Group returns. If the
organization answers “Yes” on line H(a)
but “No” to line H(b) (not all subordinate
organizations are included in the group
return), then attach a list (not in
Schedule O (Form 990)) showing the
name, address, and EIN of each
subordinate organization included in the
group return. Additionally, attach a list
(not in Schedule O (Form 990)) showing
the name, address, and EIN of each
subordinate organization not included in
the group return. See Regulations section
1.6033-2(d)(2)(ii).
6. Item K. Form of organization.
Check “Other” if the group has more than
one form of organization.
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Instructions for Form 990
several organizations must be reported in
column (D).
16. Part VII. Compensation from
related organizations. Report
compensation from an organization that
is included in the group ruling but that
isn't among the subordinates included in
the group return as compensation from a
related organization in column (E), even if
the related organization isn't required to
be reported on Schedule R (Form 990),
Related Organizations and Unrelated
Partnerships.
17. Part XII, lines 2a–2b. Compiled,
reviewed, or audited financial
statements. Answer “Yes” only if all the
subordinates in the group had their
financial statements compiled, reviewed,
or audited individually (rather than on a
consolidated basis).
18. Schedule A (Form 990), Part I.
Reason for public charity status. If the
subordinates don't all have the same
public charity status, then check the
public charity status box for the largest
number of subordinates in the group, and
explain on Schedule A (Form 990), Public
Charity Status and Public Support, Part
IV. However, if any section 509(a)(3)
organizations are among the
subordinates in the group return, also
answer lines 12e through 12g.
19. Schedule A (Form 990), Parts II
and III. Support statements. Report
aggregate data for all subordinates with
the public charity status corresponding to
Part II or III.
20. Schedule A (Form 990), Parts
IV through VI. In addition to Part I in
paragraph 18 above, if any section
509(a)(3) organizations are among the
subordinates in the group return, also
complete the relevant sections of Parts IV
and V. If an answer in Part IV requires
more information with respect to any
section 509(a)(3) organizations, then
answer with respect to those
organizations and provide that additional
information in Part VI. For instance, if the
group includes 50 section 509(a)(3)
organizations, and one of them doesn't
list all of its supported organizations by
name in its governing documents, then
answer “No” to Part IV, Section A, line 1,
and explain in Part VI. If the group
includes more than one Type III
non-functionally-integrated supporting
organization, then provide aggregate
data in Part V.
21. Schedule B (Form 990).
Contributors. Report a consolidated
Schedule B (Form 990) for all
subordinates included in the group
return. Apply the dollar and percentage
thresholds (including the greater of
$5,000 or 2% threshold for section 501(c)
(3) organizations described in sections
509(a)(1) and 170(b)(1)(A)(vi))
subordinate by subordinate, not on a
group basis.
22. Schedule C (Form 990), Part
II-A. Lobbying expenditures and
affiliated groups. Complete Part II-A,
column (b), for the group as a whole. In
column (a), except on lines 1g and 1h,
include the amounts that apply to all
electing members of the group if they are
included in the group return. If the group
return includes organizations that belong
to more than one affiliated group, enter in
column (b) the totals for all the groups.
23. Schedule D (Form 990), Part X.
Other liabilities. The filing organization
can summarize that portion, if any, of the
FIN 48 (ASC 740) footnote that applies to
the liability of multiple organizations
including the organization (for example,
as a member of a group with
consolidated financial statements), to
describe the filing organization's share of
the liability.
24. Schedule H (Form 990).
Hospitals. Complete one Schedule H for
all of the hospitals operated by
subordinates in the group, and report
aggregate data from all the hospitals. In
Part V, Section A, list each of the
organization’s hospital facilities
separately. List in Section A the name
and EIN of the subordinate hospital
organization that operates the hospital
facility. Complete separate Sections B
and C for each of the hospital facilities or
facility reporting groups listed in
Section A.
25. Schedule J (Form 990).
Compensation from related
organizations. See the Appendix E, Part
VII instructions, earlier.
26. Schedule L (Form 990).
Transactions with interested persons.
On Schedule L (Form 990), Part IV,
report only transactions between a
subordinate organization and its
interested persons—not transactions
between a subordinate organization and
the interested persons of other
subordinates. In determining whether a
transaction between the subordinate and
its interested persons meets the financial
reporting thresholds of Schedule L, Part
IV, consider only the payments between
the subordinate and its interested
persons, not payments between
interested persons and the parent or
other subordinates.
27. Schedule N (Form 990).
Liquidation or significant disposition
of assets. Explain on Schedule N (Form
990), Part III, which of the subordinates
have undergone a liquidation,
termination, dissolution, or significant
disposition of assets during the tax year.
28. Schedule R (Form 990). Related
organizations. See the Instructions for
Schedule R (Form 990) to determine
when related organizations of a member
of a group exemption must be included
on Schedule R (Form 990). In general,
central organizations and subordinate
organizations of a group exemption
aren't required to be listed as related
organizations on Schedule R (Form
990), Part II; and all other related
organizations of the central organization
or of a subordinate organization are
required to be listed on Schedule R
(Form 990) in the applicable part. Even if
a related organization isn't required to be
listed in Part II of Schedule R (Form 990),
the organization must report its
transactions with the related organization
in Part V, as described in the instructions
for that Part.
DRAFT AS OF
November 9, 2021
Instructions for Form 990
-83-
Appendix F.
Disregarded Entities
and Joint
Ventures—Inclusion of
Activities and Items
Disregarded Entities
A disregarded entity, as described in
Regulations sections 301.7701-1 through
301.7701-3, is generally treated as a
branch or division of its parent
organization for federal tax purposes (but
see the TIP next for treatment of
disregarded entities as separate entities
for employment tax purposes). Therefore,
financial and other information applicable
to a disregarded entity must be reported
as the parent organization's information,
except on Form 990, Part VI, lines 10a
and 10b, and on Schedule R (Form 990),
in which disregarded entities must be
separately reported.
An organization must report on its
Form 990, including Parts VIII through X,
all of the revenues, expenses, assets,
liabilities, and net assets or funds of a
disregarded entity of which it is the sole
member. The disregarded entity is
deemed to have the same accounting
period as its parent for federal tax
purposes. The organization must also
report the activities of a disregarded
entity in the appropriate parts (including
schedules) of the Form 990. For
example, support of a disregarded entity
must be taken into account by the filing
organization for purposes of the public
support tests set forth on Schedule A
(Form 990). Similarly, political
campaign activity or lobbying activity
conducted by a disregarded entity of
which the organization is the sole
member must be reported on Schedule C
(Form 990), Political Campaign and
Lobbying Activities.
A disregarded entity is treated as
TIP a separate entity for purposes of
employment tax and certain
excise taxes. For wages paid after
January 1, 2009, a disregarded entity is
required to use its name and employer
identification number (EIN) for reporting
and payment of employment taxes.
5. Part IV, lines 31–32. Liquidation
or significant disposition of assets.
See the Appendix F instructions for
Schedule N (Form 990) in this Appendix,
later.
6. Part IV, lines 35–36.
Transactions with related
organizations. See the Appendix F
instructions for Schedule R (Form 990) in
this Appendix, later.
7. Part V, lines 1–2. Forms 1096
and W-3. The total number of information
returns and employees to be reported,
and compliance with backup withholding
rules, includes all backup withholding,
information returns, and employees of
any disregarded entity, whether or not the
disregarded entity has a separate EIN for
employment tax and information
reporting purposes.
8. Part V, line 7. Organizations
that can receive deductible
contributions. For purposes of Form
990 reporting, lines 7a through 7h are to
be answered by taking into account any
contributions made to a disregarded
entity.
9. Part VI, lines 1a–9. Members of
the governing body, officers, directors,
trustees, and employees of a disregarded
entity won't be treated as governing
body members, officers, directors, or
trustees of the filing organization, but a
person can be a key employee or
highest compensated employee of the
filing organization by virtue of
compensation paid by the disregarded
entity, or the person's responsibilities and
authority over operations of the
disregarded entity when compared to the
filing organization as a whole. See the
instructions for Form 990, Part VII,
Section A, Disregarded entities, earlier.
10. Part VI, Section B, lines 10a–
16b. Policies. The organization should
check “Yes” or “No” based on the filing
organization's policies, but for each “Yes”
response, they must report on
Schedule O (Form 990) whether the
policy applies to all of the organization's
disregarded entities (if any).
11. Part VII, line 1a. Definitions of
key employee and highest
compensated employee. An officer,
director, trustee, and employee of a
disregarded entity can constitute a key
employee or highest compensated
employee of the filing organization by
virtue of compensation paid by the
disregarded entity, or the person's
responsibilities and authority over
operations of the disregarded entity when
compared to the filing organization as a
whole. See the instructions for Form 990,
Part VII, Section A.
12. Part XII, lines 2a–2b. Financial
statements. If the organization included
financial information from its disregarded
entity or entities in its financial
statements, but didn't consolidate any
other entity's information in its financial
statements, it should check the box for
“Separate basis” but not the box for
“Consolidated basis” or “Both
consolidated and separate basis.”
13. Part XII, line 3. Uniform
Guidance, 2 C.F.R. Part 200, Subpart
F. The organization must check “Yes” if a
disregarded entity was required to
undergo an audit or audits.
DRAFT AS OF
November 9, 2021
A single-member limited liability
company (LLC) is treated
CAUTION generally as a disregarded entity
of its sole member/owner unless it elects
to be treated as a separate association. It
may elect to be treated separately by
filing Form 8832, Entity Classification
Election, or by claiming tax-exempt
status in its own right (by filing a Form
1023, 1023-EZ, 1024, or 1024-A,
application for recognition of tax-exempt
status, or a Form 990, 990-EZ, 990-N, or
990-T, using its own name and EIN).
Once the IRS determines a
single-member LLC to be exempt, it is no
longer eligible to be treated as a
disregarded entity until the determination
of exemption is revoked and the LLC
subsequently files a Form 8832 electing
disregarded entity status. Similarly, a
single-member LLC that claims
exemption but hasn't been determined to
be exempt isn't eligible to be treated as
disregarded until the claim is withdrawn
or rejected and the LLC files a Form 8832
electing disregarded entity status. See
Regulations section 301.7701-3(c)(1)(v)
(A).
!
The following is a list of special
instructions for the form and schedules
regarding the reporting of a disregarded
entity of which the organization is the sole
member. These items are described to
illustrate special applications of the rule
described above that a disregarded
entity's activities and items must be
reported on the organization's Form 990
and applicable schedules.
1. Part I, line 5. Number of
employees. See the instructions for Part
V, lines 1 and 2, below.
2. Part I, line 6. Number of
volunteers. The total number of
volunteers to be reported can, but isn't
required to, include volunteers of any
disregarded entity.
3. Part III. Program service
accomplishments. Consider activities
and accomplishments of all disregarded
entities when answering this part.
4. Part IV, line 12. Audited
financial statements. The organization
shouldn't answer “Yes” to this question
merely because it received audited
financial statements of one or more
disregarded entities, if the audited
financial statements of the organization
weren't audited.
-84-
Note. The Single Audit Act of 1984 and
OMB Circular A-133 are superseded by
Uniform Guidance, 2 C.F.R. Part 200,
Subpart F, and now requires states, local
governments, and nonprofit
organizations that spend $750,000
(previously $500,000) or more of federal
awards in a year to obtain an annual
audit.
14. Schedule L (Form 990).
Transactions with interested persons.
Reportable transactions include
transactions involving interested persons
who have such status because of their
relationship with a disregarded entity
(such as an employee of the disregarded
entity who qualifies as a key employee of
the organization as a whole). A
transaction between an interested person
and a disregarded entity of the
organization is reportable on Schedule L.
15. Schedule N (Form 990).
Liquidation or significant disposition
of assets. The organization shouldn't
prepare Part I to report a termination,
liquidation, or dissolution of a
disregarded entity if the filing
organization continues to operate.
Transfers to (or by) a filing organization
by (or to) its disregarded entity aren't to
be reported in Part II, but transfers by or
contractions of a disregarded entity are to
be taken into account to determine
whether a reportable event (based on
25% of the filing organization's net
assets, including those of its disregarded
entities) has occurred.
16. Schedule R (Form 990), Part V,
line 2. Transactions with related
organizations. Specified payments to a
disregarded entity by a controlled entity
of the filing organization, and transfers by
a disregarded entity to an exempt
noncharitable entity, are to be reported
on Schedule R (Form 990), Part V, line 2.
Joint Ventures Treated
as a Partnership for
Federal Income Tax
Purposes
If the organization participates as a
partner or member of a joint venture,
partnership, LLC, or other entity treated
Instructions for Form 990
as a partnership for federal tax purposes
(referred to here as a “joint venture”), as
described in Regulations sections
301.7701-1 through 301.7701-3, then the
organization in general must report the
activities of the joint venture as its own
activities, and report the joint venture’s
revenue, expenses, and assets, to the
extent of the organization's proportionate
interest in the joint venture. For example,
a proportionate share of the political
campaign activity or lobbying activity
conducted by a joint venture of which the
organization is a member must be
reported on Schedule C (Form 990). If
the joint venture is a member of a second
joint venture, which is a member of a third
joint venture, etc., the activities similarly
pass through all joint ventures to the
organization, according to the
organization's proportionate share in
each of the joint ventures.
11. Part IV, lines 34–37. Related
organizations and unrelated
partnerships. See the instructions for
Schedule R in this Appendix, later.
12. Part V, line 3a. Unrelated
business income. Include the
organization's distributive share (whether
or not distributed) of income or loss of the
joint venture that is unrelated business
income in determining the organization's
gross unrelated business income.
13. Part VI. Governance,
management, and disclosure. Don't
take into account a joint venture for
purposes of Part VI (except for lines 16a
and 16b).
14. Part VII. Compensation. See the
instructions for Schedule J in this
Appendix, later.
15. Parts VIII, IX, and X. Financial
statements. Report in accordance with
the organization's books and records.
16. Part XII. Financial statements
and reporting. Disregard a joint venture.
17. Schedule C (Form 990).
Political campaign and lobbying
activities. Report the organization's
share of political campaign or lobbying
activities conducted by a joint venture.
18. Schedule D (Form 990), Part II.
Conservation easements. Include
conservation easements held by a joint
venture formed for the purpose of holding
the easements.
19. Schedule F (Form 990).
Activities outside the United States.
Include activities of a joint venture,
including grants to organizations or
individuals outside the United States.
20. Schedule G (Form 990).
Fundraising and gaming. Include
activities of a joint venture and the
organization's share of revenues and
expenses. On Part III, line 12, check
“Yes” if the joint venture was formed to
administer charitable gaming.
21. Schedule H (Form 990).
Hospitals. Report activities, expenses,
and revenue of hospital facilities and
other programs operated by any joint
venture, to the extent of the
organization's proportionate interest in
the joint venture. See the instructions for
Schedule H, Part IV, to determine how to
report an organization's interest in joint
ventures and management companies.
22. Schedule I (Form 990). Grants
in the United States. Include grants
from a joint venture to organizations,
governments, or individuals in the United
States.
23. Schedule J (Form 990).
Compensation. If an officer, director,
trustee, or employee of the organization
receives compensation from a joint
venture, the compensation isn't treated
as paid pro rata by the organization. The
compensation may need to be reported,
however, as compensation from a related
organization if the joint venture is a
related organization.
24. Schedule K (Form 990), Part III,
line 1. Private business use. Report
certain joint ventures that owned property
financed by tax-exempt bonds.
25. Schedule L (Form 990), Parts
II–IV. Loans, grants, and business
transactions involving interested
persons. Report loans, grants, and
business transactions between the
organization and a joint venture, if the
joint venture is an interested person for
purposes of Schedule L, and if the
transaction meets the applicable
reporting thresholds described in the
Schedule L instructions. Also report
certain joint ventures with interested
persons as provided in the Schedule L,
Part IV, instructions as business
transactions themselves.
26. Schedule N (Form 990), Part II.
Disposition of 25% of assets. In
determining whether the organization
made a disposition of more than 25% of
its assets, take into account its share of
dispositions by a joint venture.
27. Schedule R (Form 990). Related
organizations. Report relationships with
certain joint ventures in Parts III and VI,
and certain transactions with joint
ventures in Part V.
DRAFT AS OF
November 9, 2021
The following is a list of special
instructions for the form and schedules
regarding the reporting of a joint venture
of which the organization is a member.
1. Part I, line 2. Disposition of 25%
of assets. See the instructions for
Schedule N in this Appendix, later.
2. Part I, lines 7a–7b. Unrelated
business income. Include the
organization's distributive share (whether
or not distributed) of income or loss of the
joint venture that is unrelated business
income in determining the organization's
gross and net unrelated business
income.
3. Part IV, lines 3–5. Political
campaign and lobbying activities. See
the instructions for Schedule C in this
Appendix, later.
4. Part IV, line 7. Conservation
easements. See the instructions for
Schedule D in this Appendix, later.
5. Part IV, lines 14–16. Activities
outside the United States. See the
instructions for Schedule F in this
Appendix, later.
6. Part IV, lines 17–19.
Fundraising and gaming. See the
instructions for Schedule G in this
Appendix, later.
7. Part IV, line 20. Hospitals. See
the instructions for Schedule H in this
Appendix, later.
8. Part IV, lines 21–22. Grants in
the United States. See the instructions
for Schedule I in this Appendix, later.
9. Part IV, lines 26–28. Loans,
grants, and business transactions
involving interested persons. See the
instructions for Schedule L in this
Appendix, later.
10. Part IV, line 32. Disposition of
25% of assets. See the instructions for
Schedule N in this Appendix, later.
Instructions for Form 990
-85-
Appendix G. Section
4958 Excess Benefit
Transactions
The intermediate sanction regulations are
important to the exempt organization
community as a whole, and for ensuring
compliance in this area. The rules
provide a roadmap by which an
organization can steer clear of situations
that may give rise to inurement.
Under section 4958, any disqualified
person who benefits from an excess
benefit transaction with an applicable
tax-exempt organization is liable for a
25% tax on the excess benefit. The
disqualified person is also liable for a
200% tax on the excess benefit if the
excess benefit isn't corrected by a certain
date. Also, organization managers who
participate in an excess benefit
transaction knowingly, willfully, and
without reasonable cause are liable for a
10% tax on the excess benefit, not to
exceed $20,000 for all participating
managers on each transaction.
Applicable Tax-Exempt
Organization
These rules only apply to certain
applicable section 501(c)(3), 501(c)(4),
and 501(c)(29) organizations. An
applicable tax-exempt organization is
a section 501(c)(3), 501(c)(4), or 501(c)
(29) organization that is tax exempt under
section 501(a), or was an organization at
any time during a 5-year period ending
on the day of the excess benefit
transaction.
• For a transaction involving a donor
advised fund, a donor or donor advisor
of that donor advised fund.
• For a donor advised fund sponsoring
organization, an investment advisor of
the sponsoring organization.
• For a supported organization of a
section 509(a)(3) supporting
organization, the disqualified persons of
the section 509(a)(3) supporting
organization.
Facts and circumstances tending to
show no substantial influence.
• The person is an independent
contractor whose sole relationship to the
organization is providing professional
advice (without having decision-making
authority) for transactions from which the
independent contractor won't
economically benefit.
• The person has taken a vow of
poverty.
• Any preferential treatment the person
receives based on the size of the
person's donation is also offered to
others making comparable widely
solicited donations.
• The direct supervisor of the person
isn't a disqualified person.
• The person doesn't participate in any
management decisions affecting the
organization as a whole or a discrete
segment of the organization that
represents a substantial portion of the
activities, assets, income, or expenses of
the organization, as compared to the
organization as a whole.
DRAFT AS OF
November 9, 2021
An applicable tax-exempt
organization doesn't include:
• A private foundation, as defined in
section 509(a);
• A governmental entity that is exempt
from (or not subject to) taxation without
regard to section 501(a) or relieved from
filing an annual return under Regulations
section 1.6033-2(g)(6); and
• Certain foreign organizations.
An organization isn't treated as a
section 501(c)(3), 501(c)(4), or 501(c)
(29) organization for any period covered
by a final determination that the
organization wasn't tax exempt under
section 501(a), so long as the
determination wasn't based on private
inurement or one or more excess benefit
transactions.
Disqualified Person
Most section 501(c)(3), 501(c)(4), or
501(c)(29) organization employees and
independent contractors won't be
affected by these rules. Only the few
influential persons within these
organizations are covered by these rules
when they receive benefits, such as
compensation, fringe benefits, or
contract payments. The IRS calls this
class of covered individuals disqualified
persons.
A disqualified person, regarding any
transaction, is any person who was in a
position to exercise substantial influence
over the affairs of the applicable
tax-exempt organization at any time
during a 5-year period ending on the date
of the transaction. Persons who hold
certain powers, responsibilities, or
interests are among those who are in a
position to exercise substantial influence
over the affairs of the organization. This
would include, for example, voting
members of the governing body, and
persons holding the power of the
following.
• Presidents, chief executive officers,
or chief operating officers.
• Treasurers and chief financial officers.
A disqualified person also includes
certain family members of a disqualified
person, and 35% controlled entities of
a disqualified person.
The following persons are considered
disqualified persons for the following
organizations, along with certain family
members and 35% controlled entities
associated with them.
See the instructions for Form 4720,
Schedule I, for more information
regarding these disqualified persons.
Who isn't a disqualified person? The
rules also clarify which persons aren't
considered to be in a position to exercise
substantial influence over the affairs of an
organization. They include:
• An employee who receives benefits
that total less than the highly
compensated amount ($120,000 in
2015–2018, $125,000 in 2019, $130,000
in 2020, and $135,000 in 2021) and who
doesn't hold the executive or voting
powers just mentioned, isn't a family
member of a disqualified person, and
isn't a substantial contributor;
• Tax-exempt organizations described
in section 501(c)(3); and
• Section 501(c)(4) organizations for
transactions engaged in with other
section 501(c)(4) organizations.
Who else can be considered a disqualified person? Other persons not
described above can also be considered
disqualified persons, depending on all
the relevant facts and circumstances.
Facts and circumstances tending to
show substantial influence.
• The person founded the organization.
• The person is a substantial contributor
to the organization under the section
507(d)(2)(A) definition, only taking into
account contributions to the organization
for the past 5 years.
• The person's compensation is
primarily based on revenues derived from
the activities of the organization that the
person controls.
• The person has or shares authority to
control or determine a substantial portion
of the organization's capital expenditures,
operating budget, or compensation for
employees.
• The person manages a discrete
segment or activity of the organization
that represents a substantial portion of
the activities, assets, income, or
expenses of the organization, as
compared to the organization as a whole.
• The person owns a controlling interest
(measured by either vote or value) in a
corporation, partnership, or trust that is a
disqualified person.
• The person is a nonstock organization
controlled directly or indirectly by one or
more disqualified persons.
-86-
What about persons who staff affiliated organizations? In the case of
multiple affiliated organizations, the
determination of whether a person has
substantial influence is made separately
for each applicable tax-exempt
organization. A person may be a
disqualified person for more than one
organization in the same transaction.
Excess Benefit
Transaction
An excess benefit transaction is
generally a transaction in which an
economic benefit is provided by an
applicable tax-exempt organization,
directly or indirectly, to or for the use of
any disqualified person, and the value
of the economic benefit provided by the
applicable tax-exempt organization
exceeds the value of the consideration
(including the performance of services)
received for providing the benefit, but see
the special rules below for donor
advised funds and supporting
organizations. An excess benefit
transaction can also occur when a
disqualified person embezzles from the
exempt organization.
To determine whether an excess
benefit transaction has occurred, all
consideration and benefits exchanged
between a disqualified person and the
applicable tax-exempt organization, and
all entities it controls, are taken into
account.
For purposes of determining the value
of economic benefits, the value of
property, including the right to use
property, is the fair market value (FMV).
FMV is the price at which property, or the
right to use property, would change
Instructions for Form 990
hands between a willing buyer and a
willing seller, neither being under any
compulsion to buy, sell, or transfer
property or the right to use property, and
both having reasonable knowledge of
relevant facts.
Donor advised funds. For a donor
advised fund, an excess benefit
transaction includes a grant, loan,
compensation, or similar payment from
the fund to a:
• Donor or donor advisor,
• Family member of a donor or donor
advisor,
• 35% controlled entity of a donor or
donor advisor, or
• 35% controlled entity of a family
member of a donor or donor advisor.
For these transactions, the excess
benefit is defined as the amount of the
grant, loan, compensation, or similar
payment. For additional information, see
the Instructions for Form 4720.
arrangement provides for a series of
compensation payments or other
payments to a disqualified person during
the disqualified person's tax year, any
excess benefit transaction for these
payments occurs on the last day of the
disqualified person’s tax year.
In the case of the transfer of property
subject to a substantial risk of forfeiture,
or in the case of rights to future
compensation or property, the
transaction occurs on the date the
property, or the rights to future
compensation or property, isn't subject to
a substantial risk of forfeiture. Where the
disqualified person elects to include an
amount in gross income in the tax year of
transfer under section 83(b), the excess
benefit transaction occurs on the date the
disqualified person receives the
economic benefit for federal income tax
purposes.
disregarded? in this Appendix, later).
Items of compensation include the
following.
• All forms of cash and noncash
compensation, including salary, fees,
bonuses, severance payments, and
deferred and noncash compensation.
• The payment of liability insurance
premiums for, or the payment or
reimbursement by the organization of
taxes or certain expenses under section
4958, unless excludable from income as
a de minimis fringe benefit under section
132(a)(4). (A similar rule applies in the
private foundation area.) Inclusion in
compensation for purposes of
determining reasonableness under
section 4958 doesn't control inclusion in
income for income tax purposes.
• All other compensatory benefits,
whether or not included in gross income
for income tax purposes.
• Taxable and nontaxable fringe
benefits, except fringe benefits described
in section 132.
• Foregone interest on loans.
DRAFT AS OF
November 9, 2021
Supporting organizations. For any
supporting organization defined in
section 509(a)(3), an excess benefit
transaction includes grants, loans,
compensation, or similar payment
provided by the supporting organization
to a:
• Substantial contributor,
• Family member of a substantial
contributor,
• 35% controlled entity of a substantial
contributor, or
• 35% controlled entity of a family
member of a substantial contributor.
Additionally, an excess benefit
transaction includes any loans provided
by the supporting organization to a
disqualified person (other than an
organization described in section 509(a)
(1), (2), or (4)).
A substantial contributor is any person
who contributed or bequeathed an
aggregate of more than $5,000 to the
organization, if that amount is more than
2% of the total contributions and
bequests received by the organization
before the end of the tax year of the
organization in which the contribution or
bequest is received by the organization
from the person. A substantial contributor
includes the grantor of a trust.
The excess benefit for substantial
contributors and parties related to those
contributors includes the amount of the
grant, loan, compensation, or similar
payment. For additional information, see
the Instructions for Form 4720.
When does an excess benefit transaction usually occur? For federal
income tax purposes, an excess benefit
transaction occurs on the date the
disqualified person receives the
economic benefit from the organization.
However, when a single contractual
Instructions for Form 990
Section 4958 applies only to
post-September 1995 transactions.
Section 4958 applies the general rules to
excess benefit transactions occurring on
or after September 14, 1995. Section
4958 doesn't apply to any transaction
occurring pursuant to a written contract
that was binding on September 13, 1995,
and at all times thereafter before the
transaction occurs. The special rules
relevant to transactions with donor
advised funds and supporting
organizations apply to transactions
occurring after August 17, 2006, except
that taxes on certain transactions
between supporting organizations and
their substantial contributors apply to
transactions occurring on or after July 25,
2006.
What Is Reasonable
Compensation?
Reasonable compensation is the
valuation standard that is used to
determine if there is an excess benefit in
the exchange of a disqualified person's
services for compensation. Reasonable
compensation is the value that would
ordinarily be paid for like services by like
enterprises under like circumstances.
This is the section 162 standard that will
apply in determining the reasonableness
of compensation. The fact that a bonus or
revenue-sharing arrangement is subject
to a cap is a relevant factor in
determining the reasonableness of
compensation.
For determining the reasonableness
of compensation, all items of
compensation provided by an applicable
tax-exempt organization in exchange for
the performance of services are taken
into account in determining the value of
compensation (except for certain
economic benefits that are disregarded,
as discussed in What benefits are
-87-
Written intent required to treat benefits as compensation. An economic
benefit isn't treated as consideration for
the performance of services unless the
organization providing the benefit clearly
indicates its intent to treat the benefit as
compensation when the benefit is paid.
An applicable tax-exempt organization
(or entity that it controls) is treated as
clearly indicating its intent to provide an
economic benefit as compensation for
services only if the organization provides
written substantiation that is
contemporaneous with the transfer of the
economic benefits under consideration.
Ways to provide contemporaneous
written substantiation of its intent to
provide an economic benefit as
compensation include:
• The organization produces a signed
written employment contract;
• The organization reports the benefit as
compensation on an original Form W-2,
Form 1099, or Form 990, or on an
amended form filed before the start of an
IRS examination; or
• The disqualified person reports the
benefit as income on the person's original
Form 1040 or 1040-SR or on an
amended form filed before the start of an
IRS examination.
Exception. To the extent the economic
benefit is excluded from the disqualified
person's gross income for income tax
purposes, the applicable tax-exempt
organization isn't required to indicate its
intent to provide an economic benefit as
compensation for services, for example,
employer-provided health benefits and
contributions to qualified plans under
section 401(a).
What benefits are disregarded? The
following economic benefits are
disregarded for purposes of section
4958.
• Nontaxable fringe benefits. An
economic benefit that is excluded from
income under section 132.
• Benefits to volunteers. An economic
benefit provided to a volunteer for the
organization if the benefit is provided to
the general public in exchange for a
membership fee or contribution of $75 or
less per year.
• Benefits to members or donors. An
economic benefit provided to a member
of an organization due to the payment of
a membership fee, or to a donor as a
result of a deductible contribution, if a
significant number of nondisqualified
persons make similar payments or
contributions and are offered a similar
economic benefit.
• Benefits to a charitable beneficiary. An
economic benefit provided to a person
solely as a member of a charitable class
that the applicable tax-exempt
organization intends to benefit as part of
the accomplishment of its exempt
purpose.
• Benefits to a governmental unit. A
transfer of an economic benefit to or for
the use of a governmental unit, as
defined in section 170(c)(1), if exclusively
for public purposes.
substantial nonperformance) and without
substantial penalty, is treated as a new
contract, as of the earliest date that any
termination or cancellation would be
effective. Also, a contract in which there
is a material change, which includes an
extension or renewal of the contract
(except for an extension or renewal
resulting from the exercise of an option
by the disqualified person), or a more
than incidental change to the amount
payable under the contract, is treated as
a new contract as of the effective date of
the material change. Treatment as a new
contract can cause the contract to fall
outside the initial contract exception, and
it would thus be tested under the FMV
standards of section 4958.
complete within a reasonable time
thereafter.
Special rebuttable presumption rule
for nonfixed payments. As a general
rule, in the case of a nonfixed payment,
no rebuttable presumption arises until the
exact amount of the payment is
determined, or a fixed formula for
calculating the payment is specified, and
the three requirements creating the
presumption have been satisfied.
However, if the authorized body
approves an employment contract with a
disqualified person that includes a
nonfixed payment (for example,
discretionary bonus) with a specified cap
on the amount, the authorized body can
establish a rebuttable presumption as to
the nonfixed payment when the
employment contract is entered into by,
in effect, assuming that the maximum
amount payable under the contract will
be paid, and satisfying the requirements
giving rise to the rebuttable presumption
for that maximum amount.
DRAFT AS OF
November 9, 2021
Is there an exception for initial contracts? Section 4958 doesn't apply to
any fixed payment made to a person
pursuant to an initial contract. This is a
very important exception, because it
would potentially apply, for example, to
all initial contracts with new, previously
unrelated officers and contractors.
An initial contract is a binding written
contract between an applicable
tax-exempt organization and a person
who wasn't a disqualified person
immediately before entering into the
contract.
A fixed payment is an amount of cash
or other property specified in the
contract, or determined by a fixed
formula that is specified in the contract,
which is to be paid or transferred in
exchange for the provision of specified
services or property.
A fixed formula can, in general,
incorporate an amount that depends
upon future specified events or
contingencies, as long as no one has
discretion when calculating the amount of
a payment or deciding whether to make a
payment (such as a bonus).
Treatment as new contract. A binding
written contract, providing that it can be
terminated or canceled by the applicable
tax-exempt organization without the other
party's consent (except as a result of
Rebuttable Presumption
of Reasonableness
Payments under a compensation
arrangement are presumed to be
reasonable and the transfer of property
(or right to use property) is presumed to
be at FMV, if the following three
conditions are met.
1. The transaction is approved by an
authorized body of the organization (or
an entity it controls), which is composed
of individuals who don't have a conflict of
interest concerning the transaction.
2. Before making its determination,
the authorized body obtained and relied
upon appropriate data as to
comparability. There is a special safe
harbor for small organizations. If the
organization has gross receipts of less
than $1 million, appropriate comparability
data includes data on compensation paid
by three comparable organizations in the
same or similar communities for similar
services.
3. The authorized body adequately
documents the basis for its determination
concurrently with making that
determination. The documentation
should include:
a. The terms of the approved
transaction and the date approved;
b. The members of the authorized
body who were present during debate on
the transaction that was approved and
those who voted on it;
c. The comparability data obtained
and relied upon by the authorized body
and how the data was obtained;
d. Any actions by a member of the
authorized body having a conflict of
interest; and
e. Documentation of the basis for the
determination before the later of the next
meeting of the authorized body or 60
days after the final actions of the
authorized body are taken, and approval
of records as reasonable, accurate, and
-88-
An IRS challenge to the presumption
of reasonableness. The IRS can refute
the presumption of reasonableness only
if it develops sufficient contrary evidence
to rebut the probative value of the
comparability data relied upon by the
authorized body. This provision gives
taxpayers added protection if they
faithfully find and use contemporaneous
persuasive comparability data when they
provide the benefits.
Organizations that don't establish a
presumption of reasonableness. An
organization can still comply with section
4958 even if it didn't establish a
presumption of reasonableness. In some
cases, an organization may find it
impossible or impracticable to fully
implement each step of the rebuttable
presumption process. In those cases, the
organization should try to implement as
many steps as possible, in whole or in
part, in order to substantiate the
reasonableness of benefits as timely and
as well as possible. If an organization
doesn't satisfy the requirements of the
rebuttable presumption of
reasonableness, a facts and
circumstances approach will be followed,
using established rules for determining
reasonableness of compensation and
benefit deductions in a manner similar to
the established procedures for section
162 business expenses.
Section 4958 Taxes
Tax on disqualified persons. An
excise tax equal to 25% of the excess
benefit is imposed on each excess
benefit transaction between an
applicable tax-exempt organization
and a disqualified person. The
Instructions for Form 990
disqualified person who benefited from
the transaction is liable for the tax. If the
25% tax is imposed and the excess
benefit transaction isn't corrected within
the taxable period, an additional excise
tax equal to 200% of the excess benefit is
imposed.
If a disqualified person makes a
payment of less than the full correction
amount, the 200% tax is imposed only on
the unpaid portion of the correction
amount. If more than one disqualified
person received an excess benefit from
an excess benefit transaction, all the
disqualified persons are jointly and
severally liable for the taxes.
To avoid the imposition of the 200%
tax, a disqualified person must correct
the excess benefit transaction during the
tax period. The tax period begins on the
date the transaction occurs and ends on
the earlier of the date the statutory notice
of deficiency is issued or the section
4958 taxes are assessed. This 200% tax
can be abated if the excess benefit
transaction is subsequently corrected
during a 90-day correction period.
having reason to know. The organization
manager won’t ordinarily be considered
knowing if, after full disclosure of the
factual situation to an appropriate
professional, the organization manager
relied on the professional's reasoned
written opinion on matters within the
professional's expertise or if the manager
relied on the fact that the requirements
for the rebuttable presumption of
reasonableness have been satisfied.
Participation by an organization manager
is willful if it is voluntary, conscious, and
intentional. An organization manager's
participation is due to reasonable cause if
the manager has exercised responsibility
on behalf of the organization with
ordinary business care and prudence.
Insufficient payment. If the payment
resulting from the return of the property is
less than the correction amount, the
disqualified person must make an
additional cash payment to the
organization equal to the difference.
Excess payment. If the payment
resulting from the return of the property
exceeds the correction amount described
above, the organization can make a cash
payment to the disqualified person equal
to that difference.
DRAFT AS OF
November 9, 2021
Tax on organization managers. An
excise tax equal to 10% of the excess
benefit can be imposed on the
participation of an organization manager
in an excess benefit transaction between
an applicable tax-exempt organization
and a disqualified person. This tax, which
can't exceed $20,000 for any single
transaction, is only imposed if the 25%
tax is imposed on the disqualified person,
the organization manager knowingly
participated in the transaction, and the
manager's participation was willful and
not due to reasonable cause. There is
also joint and several liability for this tax.
An organization manager can be liable
for both the tax on disqualified persons
and on organization managers in
appropriate circumstances.
An organization manager is any
officer, director, or trustee of an
applicable tax-exempt organization, or
any individual having powers or
responsibilities similar to officers,
directors, or trustees of the organization,
regardless of title. An organization
manager isn't considered to have
participated in an excess benefit
transaction where the manager has
opposed the transaction in a manner
consistent with the fulfillment of the
manager's responsibilities to the
organization. For example, a director who
votes against giving an excess benefit
would ordinarily not be subject to this tax.
A person participates in a transaction
knowingly if the person has actual
knowledge of sufficient facts so that,
based solely upon the facts, the
transaction would be an excess benefit
transaction. Knowing doesn't mean
Instructions for Form 990
Correcting an Excess
Benefit Transaction
A disqualified person corrects an
excess benefit transaction by undoing
the excess benefit to the extent possible,
and by taking any additional measures
necessary to place the organization in a
financial position not worse than that in
which it would be if the disqualified
person were dealing under the highest
fiduciary standards. The organization
isn't required to rescind the underlying
agreement; however, the parties may
need to modify an ongoing contract for
future payments.
A disqualified person corrects an
excess benefit by making a payment in
cash or cash equivalents equal to the
correction amount to the applicable
tax-exempt organization. The correction
amount equals the excess benefit plus
the interest on the excess benefit; the
interest rate can be no lower than the
applicable federal rate. There is an
anti-abuse rule to prevent the disqualified
person from effectively transferring
property other than cash or cash
equivalents.
Exception. For a correction of an
excess benefit transaction described in
Donor advised funds (discussed earlier),
no amount repaid in a manner prescribed
by the IRS can be held in a donor
advised fund.
Property. With the agreement of the
applicable tax-exempt organization, a
disqualified person can make a payment
by returning the specific property
previously transferred in the excess
benefit transaction. The return of the
property is considered a payment of cash
(or cash equivalent) equal to the lesser
of:
• The FMV of the property on the date
the property is returned to the
organization, or
• The FMV of the property on the date
the excess benefit transaction occurred.
-89-
Churches and Section
4958
The regulations make it clear that the IRS
will apply the procedures of section 7611
when initiating and conducting any
inquiry or examination into whether an
excess benefit transaction has occurred
between a church and a disqualified
person.
Revenue-Sharing
Transactions
Proposed intermediate sanction
regulations were issued in 1998. The
proposed regulations had special
provisions covering “any transaction in
which the amount of any economic
benefit provided to or for the use of a
disqualified person is determined in
whole or in part by the revenues of one or
more activities of the organization” —
so-called revenue-sharing transactions.
Rather than setting forth additional rules
on revenue-sharing transactions, the final
regulations reserve this section.
Consequently, until the IRS issues new
regulations for this reserved section on
revenue-sharing transactions, these
transactions will be evaluated under the
general rules (for example, the fair
market value standards) that apply to all
contractual arrangements between
applicable tax-exempt organizations
and their disqualified persons.
Revocation of
Exemption and Section
4958
Section 4958 doesn't affect the
substantive standards for tax exemption
under section 501(c)(3), 501(c)(4), or
501(c)(29), including the requirements
that the organization be organized and
operated exclusively for exempt
purposes, and that no part of its net
earnings inure to the benefit of any
private shareholder or individual. The
legislative history indicates that in most
instances, the imposition of this
intermediate sanction will be in lieu of
revocation. The IRS has indicated that
the following factors will be considered
(among other facts and circumstances) in
determining whether to revoke an
applicable tax-exempt organization's
exemption status where an excess
benefit transaction has occurred.
• The size and scope of the
organization's regular and ongoing
activities that further exempt purposes
before and after the excess benefit
transaction or transactions occurred.
• The size and scope of the excess
benefit transaction or transactions
(collectively, if more than one) in relation
to the size and scope of the
organization's regular and ongoing
activities that further exempt purposes.
• Whether the organization has been
involved in multiple excess benefit
transactions with one or more persons.
• Whether the organization has
implemented safeguards that are
reasonably calculated to prevent excess
benefit transactions.
• Whether the excess benefit
transaction has been corrected, or the
organization has made good faith efforts
to seek correction from the disqualified
person(s) who benefited from the excess
benefit transaction.
Getting answers to your tax questions. On IRS.gov, you can get
up-to-date information on current events
and changes in tax law.
• IRS.gov/Help: A variety of tools to help
you get answers to some of the most
common tax questions.
• IRS.gov/ITA: The Interactive Tax
Assistant, a tool that will ask you
questions on a number of tax law topics
and provide answers.
• IRS.gov/Forms: Find forms,
instructions, and publications. You will
find details on 2020 tax changes and
hundreds of interactive links to help you
find answers to your questions.
• Online EIN Application (IRS.gov/EIN)
helps you get an employer identification
number (EIN).
• You may also be able to access tax
law information in your electronic filing
software.
Schedule L (Form 990). Transactions
With Interested Persons.
Getting tax forms and publications.
Go to IRS.gov/Forms to view, download,
or print all of the forms and publications
you may need. You can also download
and view popular tax publications and
instructions on mobile devices as an
eBook at IRS.gov/eBooks. Or, you can
go to IRS.gov/OrderForms to place an
order.
The Patient-Centered Outcomes
Research fee is imposed on
CAUTION issuers of specified health
insurance policies (section 4375) and
plan sponsors of applicable self-insured
health plans (section 4376) for policy and
plan years ending on or after October 1,
2012. See Form 720 and section 4376 for
more information.
Schedule M (Form 990). Noncash
Contributions.
Schedule N (Form 990). Liquidation,
Termination, Dissolution, or Significant
Disposition of Assets.
DRAFT AS OF
November 9, 2021
Appendix H. Forms and
Publications To File or
Use
How To Get Forms and
Publications
Internet. You can access the
IRS website at IRS.gov 24 hours
a day, 7 days a week to:
• Download forms, including talking tax
forms, instructions, and publications;
• Order IRS products online;
• Research your tax questions online;
• Search publications online by topic or
keyword;
• Use the online Internal Revenue Code,
regulations, or other official guidance;
• View Internal Revenue Bulletins (IRBs)
published in the last few years; and
• Sign up to receive local and national
tax news by email.
How To Get Tax Help
Coronavirus. 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.
Tax reform. Tax reform legislation
affects individuals, businesses, and
tax-exempt and government entities. Go
to IRS.gov/TaxReform for information
and updates on how this legislation
affects your taxes.
Phone. If you have questions and/or
need help completing Form 990 or Form
990-EZ, please call 877-829-5500. This
toll-free telephone service is available
Monday through Friday.
Other Forms That May Be
Required
Schedule A (Form 990). Public Charity
Status and Public Support.
Schedule B (Form 990). Schedule of
Contributors.
Schedule C (Form 990). Political
Campaign and Lobbying Activities.
Schedule D (Form 990). Supplemental
Financial Statements.
Schedule E (Form 990). Schools.
Schedule F (Form 990). Statement of
Activities Outside the United States.
Schedule G (Form 990). Supplemental
Information Regarding Fundraising or
Gaming Activities.
Schedule H (Form 990). Hospitals.
Schedule I (Form 990). Grants and
Other Assistance to Organizations,
Governments, and Individuals in the
United States.
Schedule J (Form 990). Compensation
Information.
Schedule K (Form 990). Supplemental
Information on Tax-Exempt Bonds.
-90-
Schedule O (Form 990). Supplemental
Information to Form 990 or 990-EZ.
Schedule R (Form 990). Related
Organizations and Unrelated
Partnerships.
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 720. Quarterly Federal Excise Tax
Return.
!
In addition to various federal excise taxes
that are paid with the filing of Form 720,
the Patient-Centered Outcomes
Research fee that is imposed on issuers
of specified health insurance policies and
plan sponsors of applicable self-insured
health plans is payable annually and
reported on the Form 720 that is filed for
the second quarter of each year, which is
due no later than July 31 of the calendar
year immediately following the last day of
the policy year or plan year to which the
fee applies.
Form 926. Return by a U.S. Transferor
of Property to a Foreign Corporation.
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 Federal
Tax Return for Agricultural Employees.
Form 990-T. Exempt Organization
Business Income Tax Return. Filed
separately for organizations subject to
UBTI that have total gross income from
all of their unrelated trades or
businesses of $1,000 or more for the tax
year. The Form 990-T is also filed to pay
the section 6033(e)(2) proxy tax. For
Form 990, see Part V, line 3, and its
Instructions for Form 990
instructions; for Form 990-EZ, see Part V,
line 35, and its instructions.
Form 990-W. Estimated Tax on
Unrelated Business Taxable Income for
Tax-Exempt Organizations.
Form 1023. Application for Recognition
of Exemption Under Section 501(c)(3) of
the Internal Revenue Code.
Form 1128. Application To Adopt,
Change, or Retain a Tax Year.
Form 2848. Power of Attorney and
Declaration of Representative.
the original donee or another successor
donee.
Form 8283. Noncash Charitable
Contributions.
Form 4562. Depreciation and
Amortization.
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 isn't subject to the reporting
requirement since the funds weren't
received in the course of a trade or
business.
Form 4720. Return of Certain Excise
Taxes Under Chapters 41 and 42 of the
Internal Revenue Code.
Form 8328. Carryforward Election of
Unused Private Activity Bond Volume
Cap.
Form 5471. Information Return of U.S.
Persons With Respect to Certain Foreign
Corporations.
Form 8718. User Fee for Exempt
Organization Determination Letter
Request.
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 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 8821. Tax Information
Authorization.
Form 3115. Application for Change in
Accounting Method.
Form 3520. Annual Return To Report
Transactions With Foreign Trusts and
Receipt of Certain Foreign Gifts.
DRAFT AS OF
November 9, 2021
Form 1023-EZ. Streamlined Application
for Recognition of Exemption Under
Section 501(c)(3) of the Internal Revenue
Code.
Form 1024. Application for Recognition
of Exemption Under Section 501(a).
Form 1024-A. Application for
Recognition of Exemption Under Section
501(c)(4) of the Internal Revenue Code.
Form 1040. U.S. Individual Income Tax
Return.
Form 1040-SR. U.S. Tax Return for
Seniors.
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 990-EZ.
However, if the trust doesn't have any
taxable income under subtitle A of the
Code, it can file Form 990 or 990-EZ, and
doesn't have to file Form 1041 to meet its
section 6012 filing requirement. If this
condition is met, complete Form 990 or
990-EZ, and don't file Form 1041.
Form 1096. Annual Summary and
Transmittal of U.S. Information Returns.
Form 1098 series. Information returns
to report mortgage interest, student loan
interest, qualified tuition and related
expenses received, and a contribution of
a qualified vehicle that has a claimed
value of more than $500.
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 an HSA, Archer MSA,
or Medicare Advantage MSA; 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.
Instructions for Form 990
Form 4506. Request for Copy of Tax
Return.
Form 4506-A. Request for a Copy of
Exempt or Political Organization IRS
Form.
Form 5578. Annual Certification of
Racial Nondiscrimination for a Private
School Exempt From Federal Income
Tax.
Form 5768. Election/Revocation of
Election by an Eligible Section 501(c)(3)
Organization To Make Expenditures To
Influence Legislation.
Form 7004. Application for Automatic
Extension of Time To File Certain
Business Income Tax, Information, and
Other Returns.
Form 8038 series. Tax-exempt bonds.
Form 8274. Certification by Churches
and Qualified Church-Controlled
Organizations Electing Exemption From
Employer Social Security and Medicare
Taxes.
Form 8282. Donee Information Return.
Required of the donee of charitable
deduction property who sells,
exchanges, or otherwise disposes of
donated property within 3 years after
receiving it. The form is also required of
any successor donee who disposes of
the charitable deduction property within 3
years after the date that the donor gave
the property to the original donee. It
doesn't matter who gave the property to
the successor donee. It may have been
-91-
Form 8822-B. Change of Address or
Responsible Party—Business. Used to
notify the IRS of a change in mailing
address that occurs after the return is
filed.
Form 8868. Application for Automatic
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.
Form 8886. Reportable Transaction
Disclosure Statement.
Form 8886-T. Disclosure by
Tax-Exempt Entity Regarding Prohibited
Tax Shelter Transaction.
Form 8899. Notice of Income From
Donated Intellectual Property. Used to
report net income from qualified
intellectual property to the IRS and the
donor.
Form 8940. Request for Miscellaneous
Determination.
Form 8963. Report of Health Insurance
Provider Information.
Form 8976. Notice of Intent to Operate
Under Section 501(c)(4).
Pub. 1828. Tax Guide for Churches and
Religious Organizations.
Form SS-4. Application for Employer
Identification Number.
Pub. 3079. Tax-Exempt Organizations
and Gaming.
FinCEN Form 114. Report of Foreign
Bank and Financial Accounts.
Pub. 3386. Tax Guide for Veterans'
Organizations.
Helpful Publications
Pub. 3833. Disaster Relief, Providing
Assistance Through Charitable
Organizations.
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.
Additional information may be required. State or local filing requirements
can require the organization to attach to
Form 990 or 990-EZ one or more of the
following.
• Additional financial statements, such
as a complete analysis of functional
expenses or a statement of changes in
net assets.
• Notes to financial statements.
• Additional financial statements.
• A report on the financial statements by
an independent accountant.
• Answers to additional questions and
other information.
Each jurisdiction can require the
additional material to be presented on
forms they provide. The additional
information shouldn't be submitted with
the Form 990 or 990-EZ filed with the
IRS, unless included in Schedule O
(Form 990).
Even if the Form 990 or 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 won't
fully satisfy that state's filing requirement
if (1) required information isn't provided,
including any of the additional information
discussed in this Appendix; or (2) the
state determines that the form wasn't
completed by following the applicable
Form 990 or 990-EZ instructions or
supplemental state instructions. In that
case, the state may ask the organization
to provide the missing information or to
submit an amended return.
DRAFT AS OF
November 9, 2021
Pub. 15. (Circular E), Employer's Tax
Guide.
Trust Fund Recovery Penalty.
If certain excise, income, social
CAUTION security, and Medicare taxes that
must be collected or withheld aren't
collected or withheld, or these taxes
aren't paid to the IRS, the trust fund
recovery penalty can apply. The trust
fund recovery penalty can 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 doesn't 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, don't participate in the
day-to-day or financial activities of the
organization, and don't have actual
knowledge of the failure to collect,
account for, and pay over these taxes.
However, the preceding sentence
doesn't apply if it results in no person
being liable for the penalty.
The penalty is equal to the unpaid trust
fund tax. See Pub. 15 (Circular E) for
more details, including the definition of
responsible persons.
Pub. 15-A. Employer's Supplemental
Tax Guide.
Pub. 463. Travel, Gift, and Car
Expenses.
Pub. 525. Taxable and Nontaxable
Income.
Pub. 526. Charitable Contributions.
Pub. 538. Accounting Periods and
Methods.
Pub. 557. Tax-Exempt Status for Your
Organization.
Pub. 561. Determining the Value of
Donated Property.
Pub. 598. Tax on Unrelated Business
Income of Exempt Organizations.
Pub. 892. How to Appeal an IRS
Decision on Tax-Exempt Status.
Pub. 946. How To Depreciate Property.
Pub. 1771. Charitable
Contributions—Substantiation and
Disclosure Requirements.
Pub. 4220. Applying for 501(c)(3)
Tax-Exempt Status.
Pub. 4221-PC. Compliance Guide for
501(c)(3) Public Charities.
Pub. 4221-PF. Compliance Guide for
501(c)(3) Private Foundations.
Pub. 4302. A Charity's Guide to Vehicle
Donation.
Pub. 4303. A Donor's Guide to Vehicle
Donation.
Pub. 4386. Compliance Checks.
Pub. 4573. Group Exemptions.
Appendix I. Use of Form
990 or 990-EZ To Satisfy
State Reporting
Requirements
Some states and local governmental
units will accept a copy of Form 990 or
990-EZ in place of all or part of their own
financial report forms. The substitution
applies primarily to section 501(c)(3)
organizations, but some other types of
section 501(c) organizations are also
affected. If the organization uses Form
990 or 990-EZ to satisfy state or local
filing requirements, such as those under
state charitable solicitation acts, note the
following discussions.
Determine state filing requirement.
The organization can consult the
appropriate officials of all states and
other jurisdictions in which it does
business to determine their specific filing
requirements. Doing business in a
jurisdiction can include:
• Soliciting contributions or grants by
mail or otherwise from individuals,
businesses, or other charitable
organizations;
• Conducting programs;
• Having employees within that
jurisdiction;
• Maintaining a checking account; or
• Owning or renting property there.
Monetary tests can differ. 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
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Use of audit guides may be required.
To ensure that all organizations report
similar transactions uniformly, many
states require that contributions, gifts,
grants, similar amounts, and functional
expenses be reported according to the
AICPA Audit and Accounting Guide,
Not-for-Profit Entities (2018),
supplemented, as applicable, by the
Standards of Accounting and Financial
Reporting for Voluntary Health and
Welfare Organizations issued jointly by
the National Health Council, Inc., the
National Assembly of Voluntary Health
and Social Welfare Organizations, and
the United Way of America (1998).
Donated services and facilities. Even
though donated services and facilities
may be reported as items of revenue and
expense in certain circumstances, many
states and the IRS don't permit the
inclusion of those amounts in Parts VIII
and IX of Form 990, Part I of Form
990-EZ, or (except for donations by a
governmental unit) in Schedule A (Form
Instructions for Form 990
990). The optional reporting of donated
services and facilities is discussed in the
instructions for Part III of Form 990.
• Other evidence of payments received
in connection with fundraising activities.
Amended returns. If the organization
submits supplemental information or files
an amended Form 990 or 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 990-EZ originally to meet that
state's filing requirement. If a state
requires the organization to file an
amended Form 990 or 990-EZ to correct
conflicts with the Form 990 or 990-EZ
instructions, the organization must also
file an amended return with the IRS.
IF...
THEN...
the
organization
advertises its
fundraising
events
it must keep samples of the
advertising copy.
the
organization
uses radio,
television, or
Internet to
solicit
contributions
it must keep samples of scripts,
transcripts, printouts of emails
and web pages, or other
evidence of solicitations in the
media.
Method of accounting. Most states
require that all amounts be reported
based on the accrual method of
accounting. See also General Instruction
D, earlier.
the
organization
uses outside
fundraisers
it must keep samples of the
fundraising materials used by
the outside fundraisers.
which the legal life of the qualified
intellectual property has expired or the
property failed to produce net income.
A donee organization reports all
income from donated qualified
intellectual property as income other than
contributions (for example, royalty
income from a patent). A donee isn't
required to report as contributions on
Form 990 (including statements) any of
the additional deductions claimed by
donors under section 170(m)(1). See
Pub. 526.
Motor vehicles, boats, and
airplanes. Special rules apply to
charitable contributions of motor
vehicles, boats, or airplanes with a
claimed value of more than $500. See
Form 990, Part V, line 7h; section 170(f)
(12); Pub. 4302, A Charity’s Guide to
Vehicle Donation; and the Instructions for
Form 1098-C, Contributions of Motor
Vehicles, Boats, and Airplanes.
DRAFT AS OF
November 9, 2021
Time for filing can differ. The deadline
for filing Form 990 or 990-EZ with the IRS
differs from the time for filing reports with
some states.
Public inspection. The Form 990 or
990-EZ information made available for
public inspection by the IRS can differ
from that made available by the states.
Appendix J.
Contributions
This Appendix discusses certain federal
tax rules that apply to exempt
organizations and donors for
contributions. See also Pub. 526,
Charitable Contributions, and Pub. 1771,
Charitable Contributions—Substantiation
and Disclosure Requirements.
Schedule B (Form 990). Many
organizations that file Form 990, 990-EZ,
or 990-PF must file Schedule B to report
on tax-deductible and non-tax-deductible
contributions. See Schedule B and its
instructions to determine whether
Schedule B must be filed, and for the
public inspection rules applicable to that
form.
Solicitation of nondeductible contribution. See the instructions for Form
990, Part V, lines 6a and 6b, for rules on
public notice of nondeductibility when
soliciting nondeductible contributions.
Keeping fundraising records for
tax-deductible contributions. A
section 501(c) organization that is eligible
to receive tax-deductible contributions
under section 170(c) must keep sample
copies of its fundraising materials, such
as:
• Dues statements,
• Fundraising solicitations,
• Tickets,
• Receipts, or
Instructions for Form 990
For each fundraising event, the
organization must keep records to show
the portion of any payment received from
patrons that isn't deductible; that is, the
retail value of the goods or services
received by the patrons. See Disclosure
statement for quid pro quo contributions,
later.
Noncash contributions. Form 990
schedules. An organization may be
required to file Schedule M to report
certain noncash (property) contributions;
see the instructions for Schedule M on
who must file. Also, an organization that
files Schedule B must report certain
information on noncash contributions.
Dispositions of donated property.
If an organization receives a charitable
contribution of property and within 3
years sells, exchanges, or otherwise
disposes of the property, the organization
may need to file Form 8282, Donee
Information Return. See Form 990, Part
V, lines 7c and 7d.
Donated property over $5,000. If the
organization received from a donor a
partially completed Form 8283, Noncash
Charitable Contributions, the donee
organization should generally complete
the Form 8283 and return it so the donor
can get a charitable contribution
deduction. The organization should keep
a copy for its records. See Form 8283 for
more details.
Qualified intellectual property. An
organization described in section 170(c)
(except a private foundation) that
receives or accrues net income from a
qualified intellectual property contribution
must file Form 8899, Notice of Income
From Donated Intellectual Property. See
Form 990, Part V, line 7g. The
organization must file Form 8899 for any
tax year that includes any part of the
10-year period beginning on the date of
contribution but not for any tax years in
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Substantiation and disclosure
requirements for charitable
contributions.
Recordkeeping for cash, check, or
other monetary charitable gifts. To
deduct a contribution of a cash, check, or
other monetary gift (regardless of the
amount), a donor must maintain a bank
record or a written communication from
the donee organization showing the
donee's name, date, and amount of the
contribution. See section 170(f)(17) and
Regulations section 1.170A-15 for more
information. In the case of a text
message contribution, the donor's phone
bill meets the section 170(f)(17)
recordkeeping requirement of a reliable
written record if it shows the name of the
donee organization and the date and
amount of contribution.
Acknowledgment to substantiate
charitable contributions. 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. See section
170(f)(8) and Regulations section
1.170A-13(f). 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.
The organization's acknowledgment
must:
1. Be written;
2. Be contemporaneous;
3. State the amount of any cash it
received;
4. State:
a. Whether the organization gave the
donor any intangible religious benefits
(no valuation needed), and
b. Whether the organization gave the
donor any goods or services in return for
the donor’s contribution (a quid pro quo
contribution); and
5. Describe goods or services the
organization:
a. Received (no valuation needed),
and
b. Gave (good faith estimate of value
needed).
2. Estimate in good faith the value of
the organization’s goods or services
given in return for the donor’s
contribution;
3. Describe, but need not value,
certain goods or services given to the
donor’s employees or partners; and
4. Inform the donor that a charitable
contribution deduction is limited as
follows.
When a donee organization provides
a donor only with goods or services
having insubstantial value under Rev.
Proc. 2019-44 (and any successor
documents), the contemporaneous
written acknowledgment may indicate
that no goods or services were provided
in exchange for the donor’s payment.
Certain membership benefits. Other
goods or services that are disregarded
for substantiation and disclosure
purposes are annual membership
benefits offered to a taxpayer in
exchange for a payment of $75 or less
per year that consist of:
1. Any rights or privileges that the
taxpayer can exercise frequently during
the membership period such as:
a. Free or discounted admission to
the organization's facilities or events,
b. Free or discounted parking,
2. Admission to events that are:
a. Open only to members, and
b. Within the low-cost article
limitation, per person.
DRAFT AS OF
November 9, 2021
If the organization accepts a
contribution in the name of one of its
activities or programs, then indicate the
organization's name in the
acknowledgment as well as the
program's name. For example: “Thank
you for your contribution of $300 to
(organization's name) made in the name
of our Special Relief Fund program. No
goods or services were provided in
exchange for your contribution.”
Similarly, if a domestic organization
owns and controls a domestic
disregarded entity, and the disregarded
entity receives a contribution, then
indicate the organization's name in the
acknowledgment as well as the
relationship with the disregarded entity.
For example: “Thank you for your
contribution of $300 to (organization's
name) made in the name of (name of
disregarded entity), which is treated as a
disregarded entity of (organization's
name) for federal tax purposes. No
goods or services were provided in
exchange for your contribution.” See
Notice 2012-52, 2012-35 I.R.B. 317.
Exception. The written
acknowledgment need not include a
good faith estimate of value for goods or
services given to the donor if they are:
1. Goods or services with
insubstantial value,
2. Certain membership benefits,
3. Goods or services described in (1)
or (2) given to the employees of a donor
organization or the partners of a donor
partnership, or
4. Intangible religious benefits.
These exceptions are defined below.
Disclosure statement for quid pro
quo contributions. If the organization
receives a quid pro quo contribution of
more than $75, the organization must
provide a disclosure statement to the
donor. See section 6115.
The organization’s disclosure
statement must:
1. Be written;
Donor’s contribution
Less
The organization’s money, goods, and
services given in return
Equals
Donor’s deductible charitable
contribution.
Exceptions. No disclosure statement
is required if the organization gave only:
1. Goods or services with
insubstantial value,
2. Certain membership benefits,
3. Goods or services described in (1)
or (2) given to the employees of a donor
organization or the partners of a donor
partnership, or
4. Intangible religious benefits.
These exceptions are defined below.
See also Regulations sections 1.170A-1,
1.170A-13, and 1.6115-1.
Certain goods or services disregarded for substantiation and disclosure
purposes.
Goods or services with
insubstantial value. Generally, under
section 170, the deductible amount of a
contribution is determined by taking into
account the fair market value (FMV),
not the cost to the charity, of any benefits
that the donor received in return.
However, the cost to the charity may be
used in determining whether the benefits
are insubstantial. See Cost basis, next.
Cost basis. If a taxpayer makes a
payment of $56 or more to a charity and
receives only token items in return, the
items have insubstantial value if they:
• Bear the charity’s name or logo, and
• Have an aggregate cost to the charity
of $11.20 or less (low-cost article amount
of section 513(h)(2)).
Fair market value basis. If a
taxpayer makes a payment to a
charitable organization in a fundraising
campaign and receives benefits with an
FMV of not more than 2% of the amount
of the payment, or $112, whichever is
less, the benefits received have
insubstantial value in determining the
taxpayer’s contribution.
The dollar amounts given above
are applicable to tax year 2020
CAUTION under Rev. Proc. 2019-44,
2019-47 I.R.B. 1093, section 3.34. They
are adjusted annually for inflation.
!
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Example 1. E offers a basic
membership benefits package for $75.
The package gives members the right to
buy tickets in advance, free parking, and
a gift shop discount of 10%. E’s $150
preferred membership benefits package
also includes a $20 poster. Both the
basic and preferred membership
packages are for a 12-month period and
include about 50 productions. E offers F,
a patron of the arts, the preferred
membership benefits in return for a
payment of $150 or more. F accepts the
preferred membership benefits package
for $300. E’s written acknowledgment
satisfies the substantiation requirement if
it describes the poster, gives a good faith
estimate of its FMV ($20), and disregards
the remaining membership benefits.
Example 2. In Example 1, if F
received only the basic membership
package for its $300 payment, E’s
acknowledgment need state only that no
goods or services were provided.
Example 3. G Theater Group
performs four plays. Each play is
performed twice. Nonmembers can
purchase a ticket for $15. For a $60
membership fee, however, members are
offered free admission to any of the
performances. H makes a payment of
$350 and accepts this membership
benefit. Because of the limited number of
performances, the membership privilege
can't be exercised frequently. Therefore,
G’s acknowledgment must describe the
free admission benefit and estimate its
value in good faith.
Certain goods or services provided
to donor’s employees or partners.
Certain goods or services provided to
Instructions for Form 990
employees of donor organizations or
partners of donor partnerships may be
disregarded for substantiation and
disclosure purposes. Nevertheless, the
donee organization's disclosure
statement must describe the goods or
services. A good faith estimate of value
isn't needed.
substantiate an employee’s contribution
by deduction from its payroll by:
• A pay stub, Form W-2, or other
document showing a contribution to a
donee organization, together with
• A pledge card or other document from
the donee organization that shows its
name. For contributions of $250 or more,
the document must state that the donee
organization provides no goods or
services for any payroll contributions.
The amount withheld from each payment
of wages to a taxpayer is treated as a
separate contribution.
Substantiation of matched
payments. If a taxpayer’s payment to a
donee organization is matched by
another payor, and the taxpayer receives
goods or services in consideration for its
payment and some or all of the matching
payment, those goods or services will be
treated as provided in consideration for
the taxpayer’s payment and not in
consideration for the matching payment.
Disclosure statement. An
organization must provide a written
disclosure statement to donors who
make a quid pro quo contribution in
excess of $75 (section 6115). This
requirement is separate from the written
substantiation acknowledgment a donor
needs for deductibility purposes. While,
in certain circumstances, an organization
may be able to meet both requirements
with the same written document, an
organization must be careful to satisfy the
section 6115 written disclosure statement
requirement in a timely manner because
of the penalties involved.
Quid pro quo contribution. A quid
pro quo contribution is a payment that is
made both as a contribution and as a
payment for goods or services provided
by the donee organization.
Example. A donor gives a charity
$100 in consideration for a concert ticket
valued at $40 (a quid pro quo
contribution). In this example, $60 would
be deductible. Because the donor’s
payment exceeds $75, the organization
must furnish a disclosure statement even
though the taxpayer’s deductible amount
doesn't exceed $75. Separate payments
of $75 or less made at different times of
the year for separate fundraising events
won't be aggregated for purposes of the
$75 threshold.
Good faith estimate. An organization
may use any reasonable method in
making a good faith estimate of the value
of goods or services provided by that
organization in consideration for a
taxpayer’s payment to that organization.
A good faith estimate of the value of
goods or services that aren't generally
available in a commercial transaction
may be determined by reference to the
FMV of similar or comparable goods or
services. Goods or services may be
similar or comparable even though they
don't have the unique qualities of the
goods or services that are being valued.
Goods or services. Goods or
services include:
• Cash,
• Property,
• Services,
• Benefits, and
• Privileges.
In consideration for. A donee
organization provides goods or services
in consideration for a taxpayer’s payment
if, at the time the taxpayer makes the
payment to the donee organization, the
taxpayer receives, or expects to receive,
goods or services in exchange for that
payment.
Goods or services a donee
organization provides in consideration for
a payment by a taxpayer include goods
or services provided in a year other than
the year in which the donor makes the
payment to the donee organization.
Intangible religious benefits.
Intangible religious benefits are provided
only by organizations organized
exclusively for religious purposes.
Examples include:
• Admission to a religious ceremony;
and
• De minimis tangible benefits, such as
wine provided in connection with a
religious ceremony.
Penalties. A charity that knowingly
provides a false substantiation
acknowledgment to a donor may be
subject to the penalties under section
6701 and/or section 7206(2) for aiding
and abetting an understatement of tax
liability.
DRAFT AS OF
November 9, 2021
Example. Museum J offers a basic
membership benefits package for $40. It
includes free admission and a 10% gift
shop discount. Corporation K makes a
$50,000 payment to J and in return, J
offers K’s employees free admission, a
t-shirt with J’s logo that costs J $4.50,
and a 25% gift shop discount. Because
the free admission is a privilege that can
be exercised frequently and is offered in
both benefit packages, and the value of
the t-shirts is insubstantial, Museum J's
disclosure statement need not value or
mention the free admission benefit or the
t-shirts. However, because the 25% gift
shop discount to K’s employees differs
from the 10% discount offered in the
basic membership benefits package, J's
disclosure statement must describe the
25% discount, but need not estimate its
value.
Definitions
Substantiation. It is the responsibility
of the donor:
• To value a donation, and
• To obtain an organization's written
acknowledgment substantiating the
donation.
There is no prescribed format for the
organization's written acknowledgment of
a donation. Letters, postcards, or
computer-generated forms may be
acceptable. The acknowledgment must,
however, provide sufficient information to
substantiate the amount of the deductible
contribution. The organization may either:
• Provide separate statements for each
contribution of $250 or more, or
• Furnish periodic statements
substantiating contributions of $250 or
more.
Separate contributions of less than $250
aren't subject to the requirements of
section 170(f)(8), whether or not the sum
of the contributions made by a taxpayer
to a donee organization during a tax year
equals $250 or more.
Contemporaneous. A written
acknowledgment is contemporaneous if
the donor obtains it on or before the
earlier of:
• The date the donor files the original
return for the tax year in which the
contribution was made, or
• The due date (including extensions)
for filing the donor’s original return for that
year.
Substantiation of payroll
contributions. An organization may
Instructions for Form 990
-95-
Charities that fail to provide the
required disclosure statement for a quid
pro quo contribution of more than $75 will
incur a penalty of $10 per contribution,
not to exceed $5,000 per fundraising
event or mailing. The charity may avoid
the penalty if it can show that the failure
was due to reasonable cause (section
6714).
Appendix K. Reporting
Information for Section
501(c)(21) Black Lung
Trusts
For tax years beginning before January
1, 2021, section 501(c)(21) black lung
trusts that could not use Form 990-N,
e-Postcard (see Who Must File, earlier),
used Form 990-BL to meet the reporting
requirements of section 6033. A section
501(c)(21) black lung trust, trustee, or
disqualified person liable for section 4951
or 4952 excise taxes also used Form
990-BL to report and pay those taxes.
For tax years beginning after
December 31, 2020, section 501(c)(21)
trusts will use Form 990 instead of Form
990-BL to meet section 6033 reporting
requirements. A section 501(c)(21) black
lung trust, trustee, or disqualified person
liable for section 4951 or 4952 excise
taxes will use Form 6069 to report and
pay sections 4951 and 4952 excise
taxes.
Section 501(c)(21) Black Lung
Trusts
Form 990-BL
Heading
Area
Form 990
Fair market
value of the
trust's assets
at the
beginning of
the operator's
tax year
within which
the trust's tax
year begins.
Part X,
Check the
Balance Sheet box at the
top of Part X
and include
a note on
Schedule O
(Form 990)
providing
the fair
market value
at the
beginning of
the
operator’s
year within
which the
trust’s year
begins.
Part I,
Analysis of
Revenue
and
Expenses,
Line 1
Contributions
received
under section
192 from the
coal mine
operator who
established
the trust.
Part VIII,
Statement of
Revenue,
Line 1f
Enter the
total
contributions
received
under
section 192
from the
coal mine
operator
who
established
the trust.
Part I,
Analysis of
Revenue
and
Expenses,
Lines 2a
and 2b
Interest on
securities of
the U.S.,
state, and
local
governments,
described in
section 501(c)
(21)(D)(ii)
Part VIII,
Statement of
Revenue,
Line 3
Investment
income
(including
dividends,
interest, and
other similar
amounts).
Part I,
Analysis of
Revenue
and
Expenses,
Line 4
Contributions
to the Federal
Black Lung
Disability
Trust Fund
Part IX,
Statement of
Functional
Expenses,
Line 1
Part I,
Analysis of
Revenue
and
Expenses,
Line 5
Premiums
for insurance
to cover
liabilities
described in
section
501(c)(21)(A)
(i)(I)
Grants and
other
assistance
to domestic
organization
s and
domestic
governments
. (Detail
reported on
Schedule I
(Form 990).)
Part I,
Analysis of
Revenue
and
Expenses,
Line 6
Other
payments to
or for the
benefit of
eligible coal
miners,
retired
miners, or
beneficiaries
Part IX,
Statement of
Functional
Expenses,
Line 2
Grants and
other
assistance
to domestic
individuals.
(Detail
reported on
Schedule I
(Form 990).)
Photographs of Missing
Children
The Internal Revenue Service is a proud
partner with the National Center for
Missing & Exploited Children®
(NCMEC). Photographs of missing
children selected by the Center may
appear in instructions on pages that
would otherwise be blank. You can help
bring these children home by looking at
the photographs and calling
1-800-THE-LOST (1-800-843-5678) if
you recognize a child.
DRAFT AS OF
November 9, 2021
In general, a section 501(c)(21) trust
will complete Form 990 in the same
manner as any other organization
required to file Form 990, including
(without limitation) schedules or forms
identified upon completion of Part IV,
Checklist of Required Schedules, or Part
V, Statements Regarding Other IRS
Filings and Tax Compliance.
The following chart is intended to help
section 501(c)(21) black lung trusts
identify some of the key lines on Form
990 that correspond with certain lines of
Form 990-BL, especially a heading block
item and in Part I.
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Instructions to Form 990
Index
$10,000–per-item exception 28
$10,000–per-related organization
exception 28
35% controlled entity 17, 53
Appendix F, Disregarded Entities and
Joint Ventures—Inclusion of
Activities and Items 83
Appendix G, Section 4958 Excess
Benefit Transactions 85
Appendix H, Forms and Publications
to File or Use 90
Appendix I, Use of Form 990 or
990-EZ To Satisfy State Reporting
Requirements 92
Appendix J, Contributions 93
Applicable tax-exempt organization 53,
85
Application for recognition of
exemption 91
Application pending 9
Art 12, 53
Articles of incorporation 22
ASC 2016–14 53
ASC 740 53
ASC 958 12, 53
Assessments 38
Asset(s):
Net 49
Total 49
Assistance to individuals 44
Attachments 8
Attorney 10
Audit 53, 84
Audit committee 20, 53
Audited financial statements 12, 53
Audit guides 92
Automatic revocation 7
C
Calendar year 5
Capital contributions 17
Capital gains 41
Capital stock accounts 50
Capital surplus 50
Cash 47
Cash contributions 54
Cash receipts and disbursements 6
Central organization 7, 54
CEO 21
CEO, executive director, or top
management official 54
Certified historic structure 54
Change of address 91
Changes in net assets 92
Charitable risk pools 3
Child care organizations 3
Children 96
Church 3, 55
Church-affiliated organization 4
Closely held stock 55
Club 17
Code(s) 3
Collectibles 55
Collections of works of art, historical
treasures, and other similar assets 55
College 78
Committee 4
Compensation 13, 25, 36, 55, 82
Current officers 45
Disqualified persons 26, 45
Former officers 25
Other persons 26
Reasonable 87
Reportable 27
Table 32
Compilation (compiled financial
statements) 12, 55
Completing the heading 8
Conflict of interest policy 55
Conflicts of interest policy 22, 24
Conservation easement 12, 56
Consolidated financial statement 12, 83
Contemporaneous 87
Contracts 88
Contributing employer 63, 71
Contributions 12, 37, 39, 56
Disclosure statement 16
Donation of services 38
Donor advised funds 87
Government 38
Government grants 38
Membership dues 11, 38
Noncash 39
Nondeductible 16
Quid pro quo 16
DRAFT AS OF
November 9, 2021
A
Accountable plan 20, 53
Accountant 50
Accounting:
Fees 45
Period 5
Accounting fees 45
Accounting period 5, 8
Accounts payable 49
Accounts receivable 48
Accrual 6
Activities 11
Activities conducted outside the United
States 53
Activities outside the United States 53
Address:
Change in 9
Website 10
Address Change 8
Administrative 19
Advance ruling period 4
Advertising 46
Affiliate/affiliates 46, 84
Expenses 46
Payments 46
Purchases 46
State or national organizations 46
Affiliated organizations 86
Allocations:
Grants, and 11
Alternate test 78
Amended Return 9
Description of amendment 6
Name change amendment 6
Annual information return 79
Anti-abuse rule 78
Appendix:
Appendix A, Exempt Organizations
Reference Chart 76
Appendix B, How to Determine
Whether an Organization's Gross
Receipts Are Normally $50,000 (or
$5,000) or Less 77
Appendix C, Special Gross Receipts
Tests for Determining Exempt
Status of Section 501(c)(7) and
501(c)(15) Organizations 77
Appendix D, Public Inspection of
Returns 78
Appendix E, Group Returns—
Reporting Information on Behalf of
the Group 82
Instructions for Form 990
B
Backup withholding 15
Balance sheet 47
Bank account 15
Bank or financial institution trustee
Exception 31
Benefits:
Disregarded 31
Employee 45
Members 44, 88
Membership 40
Bingo 42, 54
Board-designated endowment 54
Board designated endowment (quasi) 12
Bond issue 40, 54
Bonds, tax-exempt 49
Bonus 88
Books of account 6
Book value 48
Business activities 39
Business Activity Codes 52
Business code 40
Business relationship 21, 54
-97-
Contributor 2
Contributors, Schedule of 39
Control 14, 57
Controlled entity 14, 57
Controlling organization:
Section 512(b)(13) 3
Controlling organization under section
512(b)(13) 58
Cooperative service organizations 3
Copies 7
Core form 58
Corporation 10
Credit counseling services 58
Current year 58
Donor advisor 17
Exceptions 89
Excess benefit transaction 87
Grants 87
Sponsoring organization 3
Donor advisor 60
Donor contributions:
Acknowledgment 16
Donor-Imposed Restriction 60
Donor-Restricted Endowment fund 60
Dues 38
Club 32
Membership 40, 47
Paid to affiliates 46
D
Debt management plan services 58
Defeasance escrow 40, 58
Deferred charges 48
Deferred compensation 58
Deferred revenue 49
Defined benefit plan 31
Nonqualified 32
Qualified 31
Defined contribution plan:
Qualified 31
De minimis fringe benefit 87
Dependent care assistance 32
Depreciation 47
Determination letter 3
Direct expenses 41
Director 13, 58
Director or trustee 26, 58
Disclosure 16
Conflict of interest 24
Disqualified person(s) 21
Excess business holdings 16
Statement 16
Disclosure of excess business
holdings 16
Disqualified person 58
Disqualified persons 86
Disregarded benefits 31, 32
Disregarded entities 8, 28, 83
Disregarded entity or entities 59
Dissolution 84
Distributions 45
Dividends 40
Document retention and destruction
policy 24
Domestic government 59
Domestic individual 59
Domestic organization 60
Donations 38
Of services 38
Of use of materials, equipment or
facilities 38
Of vehicles 16
Donor advised fund 60
Donor advised fund(s):
Disqualified person 86
E
Economic benefit 86
Disregarded 88
Nontaxable fringe benefits 88
EIN 60
Email subscription 2
Employee 61
Employee(s) 27
Employee benefit plan 4
Employee benefits 45
Employees, key 27
Employer identification number (EIN):
Disregarded entities 84
Section 501(c)(9) organizations 9
Endowment fund 12, 61
Endowment funds 12
EO Determinations 11
e-Postcard (see also Form 990-N) 77
Equipment 48
Escrow or custodial account 49, 61
Estates 37
Estimate, reasonable 10
Excess benefit transaction 61, 85–87
Churches 89
Correction 89
Donor advised funds 89
Excess payment 89
Excise tax 88
Insufficient payment 89
Revenue sharing transactions 89
Revocation of exemption 89
Section 4958 85
Excess business holdings 16
Excise taxes 88
Executive director 24
Exempt bond 61
Exempt function 39
Exempt organizations, types of 76
Exempt purposes 11, 22, 43
Expenses 40
Allocating indirect 43
Direct 41
Functional 42
Fundraising 41, 43
Indirect expenses 43
Management and general 43
Occupancy 46
Political 12
Postage 46
Printing 46
Program service 43, 47
Shipping 46
Supplies 46
Telephone 46
Extension of time to file 6
DRAFT AS OF
November 9, 2021
-98-
F
Facility/facilities 11
Facts and circumstances 81
Fair market value 86
Fair market value (FMV) 62
Family:
Family member 86
Family member, family relationship 62
FASB ASC 958 37, 49
Federal unemployment tax (FUTA) 90
Federated fundraising agencies 38
Federated fundraising organizations 44
Fees 45
Accounting 45
Copies 80
Fundraising 45
Government agencies 39
Initiation 78
Legal 45
Membership 77
Registration 39
Figuring gross receipts 77
FIN 48 83
FIN 48 (ASC 740) 62
Final return 6, 8
Financial account 15
Financial statements 62
Fiscal year 5, 62
Five highest compensated
employees 26
Fixed payment 88
Foreign 15
Accounts 16
Organization 4
Foreign government 62
Foreign individual 62
Foreign organization 62
Form 8963, Report of Health Insurance
Provider Information 91
Form 8976, Notice of Intent to Operate
Under Section 501(c)(4) 92
Forms:
FinCEN Form 114 92
Form 1023, Application for
Recognition of Exemption Under
Section 501(c)(3) 91
Form 1023-EZ, Streamlined
Application for Recognition of
Exemption Under Section 501(c)
(3) of the Internal Revenue
Code. 91
Instructions for Form 990
Form 1024, Application for
Recognition of Exemption Under
Section 501(a) 91
Form 1024-A, Application for
Recognition of Exemption under
Section 501(c)(4) of the Internal
Revenue Code 91
Form 1040, U.S. Individual Income
Tax Return 91
Form 1040-SR, U.S.Income Tax
Return for Seniors 91
Form 1041, U.S. Income Tax Return
for Estates and Trusts 91
Form 1065, U.S. Return of Partnership
Income 4
Form 1096, Annual Summary and
Transmittal of U.S. Information
Returns 91
Form 1098 series 91
Form 1120–POL, U.S. Income Tax
Return for Certain Political
Organizations 91
Form 1128, Application To Adopt,
Change or Retain a Tax Year 91
Form 2848, Power of Attorney and
Declaration of Representative 91
Form 3115, Application for Change in
Accounting Method 91
Form 3520, Annual Return To Report
Transactions with Foreign Trusts
and Receipt of Certain Foreign
Gifts 91
Form 4506, Request for Copy of Tax
Return 91
Form 4506–A, Request for a Copy of
Exempt or Political Organization
IRS Form 91
Form 4562, Depreciation and
Amortization 91
Form 4720, Return of Certain Excise
Taxes Under Chapters 41 and 42
of the Internal Revenue Code 91
Form 5471, Information Return of U.S.
Persons With Respect to Certain
Foreign Corporations 91
Form 5500, Annual Return/Report of
Employee Benefit Plan 91
Form 5578, Annual Certification of
Racial Nondiscrimination for a
Private School Exempt From
Federal income Tax. 91
Form 5768, Election/Revocation of
Election by an Eligible Section
501(c)(3) Organization To Make
Expenditures To Influence
Legislation 91
Form 7004, Application for Automatic
Extension of Time to File Certain
Business Income Tax, Information,
and Other Returns 91
Form 720, Quarterly Federal Excise
Tax Return 90
Form 8038 series, Tax Exempt
Bonds 91
Form 8274, Certification by Churches
and Qualified Church-Controlled
Organizations Electing Exemption
from Employer Social Security and
Medicare Taxes 91
Form 8282, Donee Information
Return 91
Form 8283, Noncash Charitable
Contributions 91
Form 8300, Report of Cash Payments
Over $10,000 Received in a Trade
or Business 91
Form 8328, Carryfoward Election of
Unused Private Activity Bond
Volume Cap 91
Form 8718, User Fee for Exempt
Organization Determination Letter
Request 91
Form 8821, Tax Information
Authorization 91
Form 8822-B, Change of Address or
Responsible Party—Business 91
Form 8868, Application for Automatic
Extension of Time to File an
Exempt Organization Return 91
Form 8870, Information Return for
Transfers Associated With Certain
Personal Benefit Contracts 91
Form 8871, Political Organization
Notice of Section 527 Status 91
Form 8872, Political Organization
Report of Contributions and
Expenditures 91
Form 8886, Reportable Transaction
Disclosure Statement 91
Form 8886–T, Disclosure by
Tax-Exempt Entity Regarding
Prohibited Tax Shelter
Transaction 91
Form 8899, Notice of Income From
Donated Intellectual Property 91
Form 8940, Request for
Miscellaneous Determination,
Request for Miscellaneous
Determination, under Section 507,
509(a), 4940, 4942, 4945, and
6033 of the Internal Revenue
Code 91
Form 926, Return by a U.S. Transferor
of Property to a Foreign
Corporation 90
Form 940, Employer's Annual Federal
Unemployment (FUTA) Tax
Return 90
Form 941, Employer's Quarterly
Federal Tax Return 90
Form 943, Employer's Annual Tax
Return for Agricultural
Employees 90
Form 990–EZ, Short Form Return of
Organization Exempt From Income
Tax 10
Form 990–N, Electronic Notice
(e-Postcard) for Tax-Exempt
Organizations Not Required To File
Form 990 or 990–EZ 3
Form 990-PF, Return of Private
Foundation or Section 4947(a)(1)
Nonexempt Charitable Trust
Treated as a Private Foundation 4
Form 990-T, Exempt Organization
Business Income Tax Return 90
Form 990-W, Estimated Tax on
Unrelated Business Taxable
Income for Tax-Exempt
Organizations 91
Form SS-4, Application for Employer
Identification Number 92
Form W-2, Wage and Tax
Statement 90
Forms and publications 15
Foundations 27
Fringe benefits 88
De minimis 87
Nontaxable 88
Functional expenses 42
Allocating indirect 43
Fundraising 43
Management and general 43
Program service 43
Fund Balances 49, 50
Fundraising 38, 62
Activities 13
Events 38
Expenses 43
Fees 45
Records for tax deductible
contributions 7
Fundraising activities 62
Fundraising events 41, 63
Funds 50
DRAFT AS OF
November 9, 2021
Instructions for Form 990
-99-
G
GAAP 63
Gaming 42, 63
GEN (Group exemption number) 9
Generally accepted accounting
principles 11
Generally accepted accounting
principles/GAAP 63
Gifts 37, 39
Goods 41
Goods or services 41
Goods sold, cost of 42
Governance 85
Governing body 63, 84
Governing documents 22
Government:
Agency 39
Contracts 39
Contributions 38
Fees 39
Grants 38, 43
Official 46
Organization 4
Governmental issuer 40, 63
Governmental unit 49, 63
Governmental Unit 63
Government official 63
Grants 11, 37, 44
Allocations, and 11
Contributions 11
Government contributors 38
Payable 49
Receivable 48
Grants and other assistance 63
Grants and other assistance outside the
United States 13
Gross proceeds 64
Gross receipts 64, 77
$50,000 or less 77
Acting as agent 77
Figuring 77
Gross receipts test:
$5,000 77
$50,000 77
Gross rents 40
Gross revenue 15
Gross sales price 41
Group exemption 64, 80
Central/parent organization 80
Group return 64, 82
Initial contract 65, 88
Instant bingo 42, 65
Institutional trustee 26, 65
Insurance 47
Insurance contract 78
Integrated auxiliary 3
Intellectual property 16
Interest 40, 46
Mortgage 46
Tax-exempt 18
Interested persons 84
Interest income 39, 40
Notes and loans receivable 40
Securities 40
Inventory 42
Investment 40
Committee 20
Dividend 40
Income 78
Interest 40
Management 22
Program-related 40
Rents 40
Savings and temporary cash 47
Investments 48
Management company 21, 66
Medicaid 39
Medical research 66, 79
Medicare 90
Meetings 46
Member of the governing body 20, 66
Membership 47
Assessments 38
Benefits 40
Dues 38, 47
Merger, articles of 8
Miscellaneous 6
Expenses 47
Mission 4
Mission society 4
Money market funds 47
Mutual or cooperative electric
companies 17
DRAFT AS OF
November 9, 2021
H
Heading 8
Health benefits 31
Helpful hints 2
Highest compensated employee 64, 84
Historical treasure 12, 64
Hospital 83
Hospital/hospital facility 64
Hospital (or cooperative hospital service
organization) 64
Hospital organization 64
Hours per week 29
Household goods 64
I
Income:
Exempt function 11
Investment 40
Rental 39
Unrelated business 15
Incomplete return 7
Independent contractor 37, 64
Independent voting member of governing
body 20, 65
Indoor tanning services 18
Information return 79
Information technology 46
J
Joint costs 47
Joint venture 65, 84
K
Key employee 27, 66
L
Land 48
Late filing 6
Legal fees 45
Legislation 66
Liabilities, total 49
Liquidation 83
List of states 6
Loans:
Receivable 48
Lobbying 66
Activity/Activities 12
Expenses 83
Grassroots 45
In-house expenditures 45
Joint ventures 85
Lobbying activities 66
Lobbying expenditures 83
Local governmental unit 49
Lotteries 41
M
Maintaining offices, employees, or
agents 66
Management 84
Management and general expenses 43
-100-
N
Net assets 49
Net Assets with donor restrictions 67
Net Assets without Donor
Restrictions 67
Noncash contribution 39
Noncash contributions 67
Nonexempt charitable trust 67
Nonfixed payments 88
Nonprofit health insurance issuer 3
Nonqualified deferred compensation 67
Nonqualified defined benefit plan 32
Nonqualified defined contribution
plan 32, 34
Nontaxable fringe benefit 88
Notes receivable 48
Number of employees 84
Nursing homes 39
O
Occupancy 46
Expense 46
Officer 26, 67
Offices 79
OMB Circular A-133 50
“On behalf of” issuer 67
Ordinary course of business 21
Organization(s) 4, 89
Affiliated 86
Form of 10
Not required to file 4
Organizational documents 82
Organization manager 67, 89
Organizations:
Foreign countries, in 4
Other assets 49
Other compensation 28
Ownership 14
P
Paid-in capital 50
Instructions for Form 990
Paid preparer 10
Paperwork Reduction Act Notice 51
Partnership 84
Payables 49
Payments:
Cash 91
Compensation 87
Nonfixed 88
Severance 45
To affiliates 46
Payroll taxes 45
Penalties 6, 16
Failure to file 6
Perjury 7
Pension plan contributions 45
Personal benefit contracts 16
Phone help 2
Photographs of Missing Children 96
Pledges receivable 48
Policies:
Conflicts of interest 22
Document retention and
destruction 24
Joint venture 25
Nondiscrimination 91
Whistleblower 24
Political:
Expenses 83
Political campaign activities 68
Political organization 4
Penalties 79
Public inspection 78
Section 527 3
State or local 3
Political subdivision 68
Possession of the United States 68
Postage cost 79
Power of attorney 91
Premiums 78
Prepaid expenses 48
Principal officer 68
Printing 46
Private business use 68, 85
Private foundation 68, 86
Privileged relationship 21
Proceeds 40, 68
Professional fundraising services 45, 68
Program-related investment 39, 68
Program service 11
Program service accomplishments,
statement of 11
Program service expenses 42, 43
Program service revenue 39, 40
Government agency 39
Insurance premiums 39
Interest income 40
Medicaid 39
Medicare 39
Membership fees 40
Program-related investments 39
Rental income 39
Section 501(c)(9) organization 39
Unrelated trade or business
activities 39
Prohibited tax shelter transactions 16
Proxy tax 12
PTIN 10
Pub. 3079, Tax-Exempt Organizations
and Gaming 63
Publications 15
Compliance Checks 92
Group Exemptions 92
Pub. 15, (Circular E) Employer's Tax
Guide 92
Pub. 15–A, Employer's Supplemental
Tax Guide (Fringe Benefits) 92
Pub. 1771, Charitable Contributions–
Substantiation and Disclosure
Requirements 92
Pub. 1779, Independent Contractor or
Employee 37
Pub. 1828, Tax Guide for Churches
and Religious Organizations 92
Pub. 3079, Tax-Exempt Organizations
and Gaming 92
Pub. 3386, Tax Guide for Veterans
Organizations 92
Pub. 3833, Disaster Relief, Providing
Assistance Through Charitable
Organizations 92
Pub. 4220, Applying for 501(c)(3)
Tax-Exempt Status 92
Pub. 4221–PC, Compliance Guide for
501(c)(3) Public Charities 92
Pub. 4221–PF, Compliance Guide for
501(c)(3) Private Foundations 92
Pub. 4302, A Charity's Guide to
Vehicle Donation 92
Pub. 4303, A Donor's Guide to Vehicle
Donation 92
Pub. 463, Travel, Entertainment, Gift,
and Car Expenses 92
Pub. 525, Taxable and Nontaxable
Income 92
Pub. 526, Charitable Contributions 92
Pub. 538, Accounting Periods and
Methods 92
Pub. 557, Tax-Exempt Status for Your
Organization 92
Pub. 561, Determining the Value of
Donated Property 92
Pub. 598, Tax on Unrelated Business
Income of Exempt
Organizations 92
Pub. 892, How to Appeal an IRS
Decision on Tax Exempt Status 92
Pub. 946, How To Depreciate
Property 92
Pub. 947, Practice Before the IRS and
Power of Attorney 10
Public charity 69, 83
Public Inspection 78
Public interest law firm 11
Publicly traded securities 48, 69
Public support 90
Pull tabs 69
Pull-tabs 42
Purchases from affiliates 46
Purpose of Form 2
Q
Qualified 501(c)(3) bond 69
Qualified conservation contribution 69
Qualified defined benefit plan 31
Qualified defined contribution plan 31
Qualified intellectual property 16
Qualified state or local political
organization 3, 70
Quasi-endowment 70
Quid pro quo contribution:
Disclosure statement 16
DRAFT AS OF
November 9, 2021
Instructions for Form 990
-101-
R
Racial nondiscrimination 91
Raffles 41
Reasonable:
Amount 79
Belief 82
Burden 79
Cause 6
Compensation 20
Effort 21, 31
Estimate 10
Fee 79
Knowledge 87
Relationship 40
Reasonable compensation 70
Reasonable effort 70
Reasonableness, rebuttable presumption
of 88
Receivable 14
Account 48
Grants 48
Pledges 48
Reconciliation 6
Reconciliation of net assets 50
Recordkeeping 7
Refunding escrow 14, 70
Refunding issue 71
Reimbursement:
Of expenses 20
Of taxes 87
Related organization 20, 26, 71
Religious order 20, 71
Rent/rental 40
Expense 40
Income 39
Reportable compensation 13, 71
Reporting information from third
parties 8
Requirements for a properly completed
Form 990 7
Research 43
Retained earnings 50
Returns and allowances 42
Revenue 42, 49
Deferred 49
Gross 15
Program service 39
Special events 41
Sweepstakes, raffles, and lotteries 41
Revenue-sharing transactions 89
Review of financial statement 71
Review of financial statements 12
Revocation of exemption 89
Rounding off to whole dollars 7
Royalties 40
Sequencing list to complete the form and
schedules 4
Severance payments 45
Shipping 46
Short accounting period 5, 72
Short period 72
Short year and final returns 31
Short year and final returns. 32
Signature 10
Signature block 10
Significant disposition of assets 84
Significant disposition of net assets 72
Social club 17
Social security:
Tax 45
Solicitations of nondeductible
contributions 16
SOP 98-2 47
Special events 41
Specific instructions for Form 990 8
Sponsoring organization 3, 72
State:
Filing requirement 92
Reporting requirements 6
Statement(s) 92
Activities outside of United States 13
Audited financial 83
Functional expenses 42
Position 98–2 47
Program service accomplishments 11
Revenue 37
State of legal domicile 10, 73
Subordinate organization 73, 80
Substantial contributor 61, 86
Substantial influence 86
Supported organization 73, 86
Supporting organization 73, 87
Sweepstakes 41
To controlled entities 14
Travel expense 46
Trust 8
Trustee 73
Trustee(s) 10, 13, 20, 26
Institutional 26
Trust fund recovery penalty:
Penalties 92
Tuition assistance 32
DRAFT AS OF
November 9, 2021
S
Salaries 45
Sales 42
Of inventory 39
Sarbanes-Oxley 24
Savings 47
Savings accounts 47
Schedule of contributors 12
Scholarships 12
School 72
Section 4947(a)(1) trusts 11, 18
Section 4958 85, 88, 89
Section 4958, excise taxes:
Disqualified persons 86
Organization managers 89
Section 4968 18, 19
Section 501(c)(12) 17
Section 501(c)(15) 3, 77
Section 501(c)(21):
black-lung trust 95
black lung trusts 3
trust 1, 13, 39, 40, 44, 47, 49
Section 501(c)(3) 3
Applicable organization 85
Disclosure of transactions and
relationships 19
Section 501(c)(4):
Applicable organization 86
Section 501(c)(5):
Lobbying expenses 12
Membership dues 40
Section 501(c)(6):
Lobbying expenses 12
Membership dues 40
Section 501(c)(7) 17, 84
Section 501(c)(9) 9
Section 6033(e) 12
Securities 48
Security/Securities 41
Security/securities 72
T
Tax-exempt bond 73
Tax shelter transaction 16
Tax year 27, 73
TE/GE EO Determinations 78
Telephone number 9
Term endowment 73
Terminated 8
Text message contribution 93
Top financial official 27, 73
Top management official 27, 73
Total assets 49, 73
Total liabilities 49
Transfers 14
Personal benefit contracts 16
-102-
U
U.S. possession 3, 74
U.S. Treasury bills 48
Uncollectible pledges 37
Uniform Prudent Management of
Institutional Funds Act (UPMIFA) 49
Unincorporated association 8
United States 10, 73
University/universities 12
Unrelated business 15, 73
Income 37
Income tax 79
Revenue 40
Unrelated business gross income 73
Unrelated business income 43, 73
Unrelated organization 13, 73
Unrelated trade or business 74
Activities 39
Gross income 85
V
Vehicle donations 93
Voluntary employees' beneficiary
association 9
Volunteer 10, 74
Volunteer exception 31
Voting member of the governing body 74
Voting member of the governing body/
board 20
W
Wages 45
Website address 10
Whistleblower policy 24
Widely available 81
Withholding:
Backup 15
Works of art 12, 74
Y
Year of formation 10, 74
Instructions for Form 990
| File Type | application/pdf |
| File Title | 2021 Instructions for Form 990 Return of Organization Exempt From Income Tax |
| Subject | Instructions for Form 990 Return of Organization Exempt From Income Tax, Under section 501(c), 527, or 4947(a)(1) of the Interna |
| Author | W:CAR:MP:FP |
| File Modified | 2021-11-09 |
| File Created | 2021-11-08 |