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(iv) Effective date. This paragraph (d)
(5) is applicable to transactions acquired
or otherwise entered into after February
14, 2000.
(e) * * *
(3) * * *
(iv) Coordination with § 1.446–3(g)(4)
regarding swaps with significant
nonperiodic payments. The rules of
§ 1.446–3(g)(4) apply to any currency
swap with a significant nonperiodic
payment. Section 1.446–3(g)(4) applies
before this paragraph (e)(3). Thus, if
§ 1.446–3(g)(4) applies, currency gain or
loss may be realized on the loan. This
paragraph (e)(3)(iv) applies to
transactions entered into after February
14, 2000.
*
*
*
*
*
(7) Special rules for currency swap
contracts in hyperinflationary
currencies—(i) In general. If a taxpayer
enters into a hyperinflationary currency
swap (as defined in paragraph (e)(7)(iv)
of this section), then the taxpayer
realizes exchange gain or loss for its
taxable year with respect to such
instrument determined by reference to
the change in exchange rates between—
(A) The later of the first day of the
taxable year, or the date the instrument
was entered into (by the taxpayer); and
(B) The earlier of the last day of the
taxable year, or the date the instrument
is disposed of or otherwise terminated.
(ii) Adjustment to principal or basis.
Proper adjustments are made in the
amount of any gain or loss subsequently
realized for gain or loss taken into
account by reason of this paragraph
(e)(7).
(iii) Interaction with DASTM. With
respect to a qualified business unit that
uses the United States dollar
approximate separate transactions
method of accounting described in
§ 1.985–3, this paragraph (e)(7) does not
apply.
(iv) Definition of hyperinflationary
currency swap contract. A
hyperinflationary currency swap
contract is a currency swap contract that
provides for—
(A) Payments denominated in or
determined by reference to a currency
that is hyperinflationary (as defined in
§ 1.988–1(f)) at the time the taxpayer
enters into or otherwise acquires the
currency swap; or
(B) Payments that are adjusted to take
into account the fact that the currency
is hyperinflationary (as defined in
§ 1.988–1(f)) during the current taxable
year. A currency swap contract that
provides for periodic payments
determined by reference to a variable
interest rate based on local conditions
and generally responding to changes in

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the local consumer price index is an
example of this latter type of currency
swap contract.
(v) Special effective date for
nonfunctional hyperinflationary
currency swap contracts. This paragraph
(e)(7) applies to transactions entered
into after February 14, 2000.
*
*
*
*
*
Approved: December 13, 1999.
Robert E. Wenzel,
Deputy Commissioner of Internal Revenue.
Jonathan Talisman,
Acting Assistant Secretary of the Treasury.
[FR Doc. 00–644 Filed 1–12–00; 8:45 am]
BILLING CODE 4830–01–P

DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Parts 301 and 602
[TD 8861]
RIN 1545–AW96

Private Foundation Disclosure Rules
AGENCY: Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
SUMMARY: This document contains final
regulations that amend the regulations
relating to the public disclosure
requirements described in section
6104(d) of the Internal Revenue Code.
These final regulations implement
changes made by the Tax and Trade
Relief Extension Act of 1998, which
extended to private foundations the
same rules regarding public disclosure
of annual information returns that apply
to other tax-exempt organizations. These
final regulations provide guidance for
private foundations required to make
copies of applications for recognition of
exemption and annual information
returns available for public inspection
and to comply with requests for copies
of those documents.
DATES: Effective Date: These regulations
are effective March 13, 2000.
Applicability Date: Except as
provided below, these regulations are
applicable to private foundations on or
after March 13, 2000. These regulations
are not applicable to any private
foundation annual information return
the due date for which (determined with
regard to any extension of time for
filing) is before March 13, 2000.
FOR FURTHER INFORMATION CONTACT:
Michael B. Blumenfeld, (202) 622–6070
(not a toll-free number).
SUPPLEMENTARY INFORMATION:

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Paperwork Reduction Act
The collections of information
contained in these final regulations have
been reviewed and approved by the
Office of Management and Budget in
accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. 3507)
under control number 1545–1655.
Responses to these collections of
information are mandatory.
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a valid control
number assigned by the Office of
Management and Budget.
The estimated average annual burden
per respondent/recordkeeper is 30
minutes.
Comments on the accuracy of this
burden estimate and suggestions for
reducing the burden should be sent to
the Internal Revenue Service, Attn: IRS
Reports Clearance Officer, OP:FS:FP,
Washington, DC 20224, and to the
Office of Management and Budget, Attn:
Desk Officer for the Department of the
Treasury, Office of Information and
Regulatory Affairs, Washington, DC
20503.
Books or records relating to this
collection of information must be
retained as long as their contents may
become material in the administration
of any internal revenue law. Generally,
tax returns and tax return information
are confidential, as required by 26
U.S.C. 6103.
Background
This document amends
§§ 301.6104(d)–1 through 301.6104(d)–5
of the Procedure and Administration
Regulations (26 CFR Part 301) relating to
the section 6104(d) public disclosure
rules applicable to tax-exempt
organizations (organizations described
in section 501 (c) or (d) and exempt
from taxation under section 501(a)) and
certain nonexempt charitable trusts and
nonexempt private foundations
referenced in section 6033(d). The
amendments remove existing
§ 301.6104(d)–1 (relating to public
inspection of private foundation annual
information returns). The amendments
also revise §§ 301.6104(d)–2 through
301.6104(d)–5 to apply the provisions to
all tax-exempt organizations,
nonexempt charitable trusts described
in section 4947(a)(1) and nonexempt
private foundations. In addition, the
amendments redesignate existing
§§ 301.6104(d)–2 through 301.6104(d)–5
as §§ 301.6104(d)–0 through
301.6104(d)–3, respectively.

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Federal Register / Vol. 65, No. 9 / Thursday, January 13, 2000 / Rules and Regulations
Description of Current Law Disclosure
Requirements Applicable to Private
Foundations
Section 6104(d), as in effect prior to
the effective date of the Tax and Trade
Relief Extension Act of 1998 (Division J
of H.R. 4328, the Omnibus Consolidated
and Emergency Supplemental
Appropriations Act, 1999) (Pub. L. 105–
277, 112 Stat. 2681) (with respect to
private foundations), requires a private
foundation to make its annual
information returns available for public
inspection at its principal office during
regular business hours for a period of
180 days after the foundation publishes
notice of the availability of its return. A
private foundation must publish the
notice not later than the due date of the
return (determined with regard to any
extension of time for filing) in a
newspaper having general circulation in
the county in which the principal office
of the foundation is located. Section
6104(e), as in effect prior to the effective
date of the Tax and Trade Relief
Extension Act of 1998 (with respect to
private foundations), requires a private
foundation to allow public inspection of
the foundation’s application for
recognition of exemption at the
foundation’s principal office (and
certain regional or district offices).
Section 6104(e) also requires a private
foundation to provide copies of its
exemption application upon request.
The requirement to provide copies of an
exemption application upon request
becomes effective, however, only after
the Secretary of the Treasury issues final
regulations applicable to private
foundations that describe how the
requirement is inapplicable if the
private foundation makes its exemption
application widely available or obtains
an IRS determination that a particular
request is part of a harassment
campaign.
Amendments Made by the Tax and
Trade Relief Extension Act of 1998
The Tax and Trade Relief Extension
Act of 1998 was enacted on October 21,
1998. Among its provisions, it amended
section 6104(e) of the Code to apply to
private foundations the same rules
regarding public disclosure of annual
information returns that apply to other
tax-exempt organizations. In addition,
the Tax and Trade Relief Extension Act
of 1998 repealed existing section
6104(d), and redesignated section
6104(e), as amended, as new section
6104(d). Section 6104(d), as amended by
the Tax and Trade Relief Extension Act
of 1998, requires each tax-exempt
organization, including one that is a
private foundation, to allow public

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inspection at its principal office (and at
certain regional or district offices) and
to comply with requests, made either in
person or in writing, for copies of the
organization’s application for
recognition of exemption and the
organization’s three most recent annual
information returns. Congress also
intended that nonexempt charitable
trusts described in section 4947(a)(1)
and nonexempt private foundations
comply with the expanded public
disclosure requirements, just as the
information reporting requirements of
section 6033, pursuant to section
6033(d), apply to these entities. See
Joint Committee on Taxation, General
Explanation of Tax Legislation Enacted
in 1998 (JCS–6–98), November 24, 1998,
at 242, fn. 102.
The Tax and Trade Relief Extension
Act of 1998 amendments apply to
requests made after the later of
December 31, 1998, or the 60th day after
the Secretary of the Treasury issues final
regulations referred to in section
6104(d)(4) (relating to when documents
are made widely available and when a
particular request is considered part of
a harassment campaign). On April 9,
1999, the IRS published in the Federal
Register (64 FR 17279) final regulations
under section 6104(d) applicable to taxexempt organizations other than private
foundations. Accordingly, section
6104(d), as amended by the Tax and
Trade Relief Extension Act of 1998,
became effective with respect to taxexempt organizations other than private
foundations on June 8, 1999.
On August 10, 1999, the IRS
published a notice of proposed
rulemaking under section 6104(d) in the
Federal Register (64 FR 43324) that
extends the recently-published final
regulations under section 6104(d) to
apply to private foundations and
modifies those final regulations in
several respects. The IRS received a few
comments on the proposed regulations.
No public hearing on the regulations
was requested or held. After
consideration of all the comments, the
proposed regulations are adopted with
minor clarifying modifications by this
Treasury Decision. The provisions and
significant comments are discussed
below.
Explanation of the Provisions
These final regulations amend the
final regulations under section 6104(d)
that were published in the Federal
Register (64 FR 17279) on April 9, 1999
(the April 9, 1999 final regulations). The
amendments clarify that the term
annual information return includes any
return that is required to be filed under
section 6033. For a private foundation,

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2031

these returns include Form 990–PF and
Form 4720. The amendments clarify
that, unlike other tax-exempt
organizations, a private foundation must
disclose to the general public the names
and addresses of its contributors,
consistent with section 6104(d)(3). The
amendments also clarify that, for
purposes of section 6104(d), the terms
tax-exempt organization and private
foundation include nonexempt private
foundations and nonexempt charitable
trusts described in section 4947(a)(1)
that are subject to the information
reporting requirements of section 6033.
Finally, the amendments remove
existing § 301.6104(d)–1 and redesignate
existing §§ 301.6104–2 through
301.6104(d)–5, as §§ 301.6104(d)–0
through 301.6104(d)–3, respectively.
Until March 13, 2000, private
foundations remain subject to section
6104(d) and section 6104(e), as in effect
prior to the Tax and Trade Relief
Extension Act of 1998, and existing
§ 301.6104(d)–1. Thereafter, private
foundations are subject to the public
inspection requirements of section
6104(d), as in effect prior to the Tax and
Trade Relief Extension Act of 1998, and
existing § 301.6104(d)–1 with respect to
any annual information return the due
date (determined with regard to any
extension of time for filing) for which is
prior to March 13, 2000.
Summary of Comments
One commenter suggested another
method to satisfy the widely available
exception to the requirement that a
private foundation provide a copy of its
applicable documents upon request.
The commenter would permit a private
foundation to satisfy the widely
available exception by: (1) Filing copies
of its documents with a state agency
that, in turn, makes the documents
available for public inspection, and (2)
publishing a notice in a newspaper of
general circulation stating where the
documents are available. The Tax and
Trade Relief Extension Act of 1998
repealed the requirement (in former
section 6104(d)) that private
foundations publish notice of the
availability of their annual information
returns with respect to annual
information returns due after the
effective date of these final regulations.
The Act extended the same public
disclosure requirements that apply to all
other tax-exempt organizations to
private foundations, including the
widely available exception. The
proposed regulations specify that a
private foundation satisfies the widely
available exception by posting its
documents on the World Wide Web as
described in the April 9, 1999 final

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regulations. After carefully considering
this comment, the IRS and the Treasury
Department have concluded that
providing copies of the applicable
documents to a state agency and
publishing notice would not make those
documents widely available. We
reached our conclusion because the
method suggested by the commenter
could impose a substantial
inconvenience to members of the
public. Therefore, the IRS and the
Treasury Department did not adopt this
suggestion.
A few commenters asked that these
final regulations not require private
foundations to disclose to the general
public the identities of their
contributors. Section 6104(d) requires
public disclosure of all the information
contained on an exemption application
and an annual information return filed
with the IRS, unless the information is
specifically excepted from disclosure.
Section 6104(d)(3) specifically excepts
from disclosure the names and
addresses of any contributor to an
organization which is not a private
foundation. By its terms, this exception
does not apply to private foundations.
The IRS and the Treasury Department
believe the rule of the proposed
regulation is consistent with the statute
and Congressional intent and, therefore,
did not change this provision.
One commenter asked that these final
regulations clarify how the disclosure
requirements apply to a supporting
organization described in section
509(a)(3). Section 509(a) provides that
an organization described in section
501(c)(3) is a private foundation if it
does not meet the requirements of
section 509(a) (1), (2), (3), or (4).
Therefore, an organization that is
described in section 501(c)(3) and
classified as a supporting organization
under section 509(a)(3) is not a private
foundation. The disclosure
requirements under section 6104(d)
apply to supporting organizations
described in section 509(a)(3) in the
same manner as they apply to all other
tax-exempt organizations that are not
private foundations. The proposed
regulations define the terms tax-exempt
organization and private foundation
consistent with the applicable statutory
provisions, and the IRS and the
Treasury Department have determined
that further regulatory clarification is
not necessary in this regard.
Another commenter expressed
concern that some private foundations
may not have copies of their exemption
applications. This commenter suggested
that these final regulations only require
private foundations formed after 1990 to
disclose their exemption applications.

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Since July 15, 1987, a tax-exempt
organization, including one that is a
private foundation, has been required
under section 6104 to make its
exemption application available for
public inspection. See section 10702(b)
of the Omnibus Budget Reconciliation
Act of 1987 (Pub. L. 100–203) and
Notice 88–120 (1988–2 C.B. 454). Under
the proposed regulations, a private
foundation that filed its exemption
application before July 15, 1987 is
required to make available for public
inspection a copy of its application only
if it had a copy of its application on July
15, 1987. Thus, these final regulations
do not change this provision of the
proposed regulations.
One commenter stated that the
applicable date in the proposed
regulations, which would eliminate the
requirement that private foundations
publish notice of the availability of their
annual information returns, is
inconsistent with the effective date
specified in the House Committee
Report to the Tax and Trade Relief
Extension Act of 1998 (H.R. Rep. No.
105–817). This commenter requested
that the final regulations add a rule that
prevents the IRS from asserting a late
filing penalty against a private
foundation whose return is rejected by
the IRS because the foundation filed the
return on or after June 8, 1999 (the
effective date of the April 9, 1999 final
regulations) without proof that it
satisfied the publication of notice
requirement. Section 6104(d), as in
effect prior to the effective date of the
Tax and Trade Relief Extension Act of
1998, provides that a private foundation
must publish a notice of the availability
of its return not later than the due date
of the return (determined with regard to
any extension of time for filing). Section
1.6033–3(b) of the regulations requires a
private foundation to attach a copy of
the notice to its return.
The Tax and Trade Relief Extension
Act of 1998 repealed the publication of
notice requirement of section 6104(d)
effective for private foundation annual
information returns due after the later of
December 31, 1998 or 60 days after the
Treasury Department issues final
regulations that explain how requested
documents may be made widely
available or when requests for
documents are part of a harassment
campaign. The April 9, 1999 final
regulations do not apply to private
foundations and, therefore, the issuance
of those regulations did not trigger the
repeal of the publication of notice
requirement. Indeed, the April 9, 1999
final regulations stated explicitly that,
until the IRS issues final regulations
under section 6104(d) applicable to

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private foundations, private foundations
continue to be governed by the existing
§ 301.6104(d)–1 requirements relating to
public disclosure of private foundation
annual information returns.
The IRS and the Treasury Department
believe the effective date of the repeal
of the publication of notice requirement
stated in the proposed regulations is
consistent with both the statute and the
legislative history. Further, the IRS and
the Treasury Department believe it is
important to retain one public
disclosure standard for private
foundations until another is finally
adopted. Accordingly, the IRS and the
Treasury Department did not modify
these final regulations as suggested.
Finally, one commenter expressed
concern that disclosure in some
instances could adversely affect the
charitable operations of some small
operating private foundations that
advance unpopular causes or desire to
maintain a low profile. This commenter
suggested that the final regulations
should authorize the Secretary to grant
a waiver from some or all of the
disclosure requirements if a small
operating foundation establishes that,
without the waiver, its charitable
operations could be adversely affected
and it provides alternative methods of
disclosure that enhance oversight and
public accountability. Section 6104(d),
however, does not authorize the
Secretary to grant waivers except in the
case of a harassment campaign
determination. Moreover, all tax-exempt
organizations have the option under the
regulations of avoiding having to
comply with requests for copies of
documents by making such documents
widely available on the Internet.
Therefore, the IRS and the Treasury
Department did not adopt this
suggestion.
Effective Date
These final regulations are applicable
to private foundations on March 13,
2000.
Special Analyses
It is hereby certified that the
collections of information in these
regulations will not have a significant
economic impact on a substantial
number of small entities. This
certification is based on the fact that the
average time required to maintain and
disclose the information required under
these regulations is estimated to be 30
minutes for each private foundation.
This estimate is based on the
assumption that, on average, a private
foundation will receive one request per
year to inspect or provide copies of its
application for tax exemption and its

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Federal Register / Vol. 65, No. 9 / Thursday, January 13, 2000 / Rules and Regulations
annual information returns.
Approximately 0.1 percent of the
private foundations affected by these
regulations will be subject to the
reporting requirements contained in the
regulations. It is estimated that
annually, approximately 65 private
foundations will make their documents
widely available by posting them on the
Internet. In addition, it is estimated that
annually, approximately 3 private
foundations will file an application for
a determination that they are the subject
of a harassment campaign such that a
waiver of the obligation to provide
copies of their applications for tax
exemption and their annual information
returns is in the public interest. The
average time required to complete,
assemble and file an application
describing a harassment campaign is
expected to be 5 hours. Because
applications for a harassment campaign
determination will be filed so
infrequently, they will have no effect on
the average time needed to comply with
the requirements in these regulations. In
addition, a private foundation is
allowed in these regulations to charge a
reasonable fee for providing copies to
requesters. Therefore, it is estimated
that it will cost a private foundation less
than $10 per year to comply with these
regulations, which is not a significant
economic impact. Therefore, a
Regulatory Flexibility Analysis under
the Regulatory Flexibility Act (5 U.S.C.
chapter 6) is not required. Pursuant to
section 7805(f) of the Internal Revenue
Code, the notice of proposed rulemaking
was submitted to the Chief Counsel for
Advocacy of the Small Business
Administration for comment on its
impact on small business.
Drafting Information: The principal
author of these regulations is Michael B.
Blumenfeld, Office of Associate Chief
Counsel (Employee Benefits and Exempt
Organizations), IRS. Other personnel
from the IRS and Treasury Department
also participated in their development.
List of Subjects
26 CFR Part 301
Employment taxes, Estate taxes,
Excise taxes, Gift taxes, Income taxes,
Penalties, Reporting and recordkeeping
requirements.
26 CFR Part 602
Reporting and recordkeeping
requirements.
Adoption of Amendments to the
Regulations
Accordingly, 26 CFR parts 301 and
602 are amended as follows:

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(A) Request made in person.
(B) Request made in writing.
(iii) Avoidance of unexpected fees.
(iv) Responding to inquiries of fees charged.
(e) Documents to be provided by regional and
district offices.
(f) Documents to be provided by local and
subordinate organizations.
(1) Applications for tax exemption.
(2) Annual information returns.
(3) Failure to comply.
(g) Failure to comply with public inspection
or copying requirements.
(h) Effective date.
(1) In general.
(2) Private foundation annual information
returns.

PART 301—PROCEDURE AND
ADMINISTRATION
Paragraph 1. The authority citation
for part 301 is amended by adding
entries in numerical order to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *

Section 301.6104(d)–2 also issued
under 26 U.S.C. 6104(d)(3);
Section 301.6104(d)–3 also issued
under 26 U.S.C. 6104(d)(3); * * *
§ 301.6104(d)–1

[Removed]

Par. 2. Section 301.6104(d)–1 is
removed.
§ 301.6104(d)–2 [Redesignated as
§ 301.6104(d)–0]

Par. 3. Section 301.6104(d)–2 is
redesignated as § 301.6104(d)–0.
Par. 4. Newly designated
§ 301.6104(d)–0 is revised to read as
follows:
§ 301.6104(d)–0

Table of contents.

This section lists the major captions
contained in §§ 301.6104(d)–1 through
301.6104(d)–3 as follows:
§ 301.6104(d)–1 Public inspection and
distribution of applications for tax exemption
and annual information returns of taxexempt organizations.
(a) In general.
(b) Definitions.
(1) Tax-exempt organization.
(2) Private foundation.
(3) Application for tax exemption.
(i) In general.
(ii) No prescribed application form.
(iii) Exceptions.
(iv) Local or subordinate organizations.
(4) Annual information return.
(i) In general.
(ii) Exceptions.
(iii) Returns more than 3 years old.
(iv) Local or subordinate organizations.
(5) Regional or district offices.
(i) In general.
(ii) Site not considered a regional or district
office.
(c) Special rules relating to public inspection.
(1) Permissible conditions on public
inspection.
(2) Organizations that do not maintain
permanent offices.
(d) Special rules relating to copies.
(1) Time and place for providing copies in
response to requests made in person.
(i) In general.
(ii) Unusual circumstances.
(iii) Agents for providing copies.
(2) Request for copies in writing.
(i) In general.
(ii) Time and manner of fulfilling written
requests.
(A) In general.
(B) Request for a copy of parts of document.
(C) Agents for providing copies.
(3) Fees for copies.
(i) In general.
(ii) Form of payment.

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§ 301.6104(d)–2 Making applications and
returns widely available.
(a) In general.
(b) Widely available.
(1) In general.
(2) Internet posting.
(i) In general.
(ii) Transition rule.
(iii) Reliability and accuracy.
(c) Discretion to prescribe other methods for
making documents widely available.
(d) Notice requirement.
(e) Effective date.
§ 301.6104(d)–3 Tax-exempt organization
subject to harassment campaign.
(a) In general.
(b) Harassment.
(c) Special rule for multiple requests from a
single individual or address.
(d) Harassment determination procedure.
(e) Effect of a harassment determination.
(f) Examples.
(g) Effective date.
§ 301.6104(d)–3 [Redesignated as
§ 301.6104(d)–1]

Par. 5. Section 301.6104(d)–3 is
redesignated as § 301.6104(d)–1.
Par. 6. Newly designated
§ 301.6104(d)–1 is amended as follows:
1. Revise the section heading.
1a. Paragraph (a) is amended as
follows:
a. Remove the language ‘‘, other than
a private foundation (as defined in
paragraph (b)(2) of this section),’’ from
the first sentence.
b. Remove the language ‘‘, other than
a private foundation,’’ from the second
sentence.
c. Remove the language
‘‘§§ 301.6104(d)–4 and 301.6104(d)–5’’
from the fourth sentence and add
‘‘§§ 301.6104(d)–2 and 301.6104(d)–3’’
in its place.
2. In paragraph (b) introductory text,
remove the language ‘‘§§ 301.6104(d)–4
and 301.6104(d)–5’’ and add
‘‘§§ 301.6104(d)–2 and 301.6104(d)–3’’
in its place.
3. In paragraph (b)(1), add a sentence
at the end of the paragraph.
4. In paragraph (b)(2), add the
language ‘‘or a nonexempt charitable

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trust described in section 4947(a)(1) or
a nonexempt private foundation subject
to the information reporting
requirements of section 6033 pursuant
to section 6033(d)’’ at the end of the
sentence.
5. In paragraph (b)(3)(iii)(B), remove
the word ‘‘or’’ at the end of the
paragraph.
6. Redesignate paragraph (b)(3)(iii)(C)
as paragraph (b)(3)(iii)(D) and add a new
paragraph (b)(3)(iii)(C).
7. In paragraph (b)(4)(i), remove the
last two sentences and add three
sentences in their place.
8. Paragraph (b)(4)(ii) is amended as
follows:
a. Remove the language ‘‘, and the
return of a private foundation’’ from the
first sentence.
b. Revise the last sentence.
9. Revise paragraph (h).
The revisions and additions read as
follows:
§ 301.6104(d)–1 Public inspection and
distribution of applications for tax
exemption and annual information returns
of tax-exempt organizations.

*

*
*
*
*
(b) * * *
(1) * * * The term tax-exempt
organization also includes any
nonexempt charitable trust described in
section 4947(a)(1) or nonexempt private
foundation that is subject to the
reporting requirements of section 6033
pursuant to section 6033(d).
*
*
*
*
*
(3) * * *
(iii) * * *
(C) In the case of a tax-exempt
organization other than a private
foundation, the name and address of
any contributor to the organization; or
*
*
*
*
*
(4) * * * (i) * * * Returns filed
pursuant to section 6033 include Form
990, Return of Organization Exempt
From Income Tax, Form 990–PF, Return
of Private Foundation, or any other
version of Form 990 (such as Forms
990–EZ or 990–BL, except Form 990–T)
and Form 1065. Each copy of a return
must include all information furnished
to the Internal Revenue Service on the
return, as well as all schedules,
attachments and supporting documents.
For example, in the case of a Form 990,
the copy must include Schedule A of
Form 990 (containing supplementary
information on section 501(c)(3)
organizations), and those parts of the
return that show compensation paid to
specific persons (currently, Part V of
Form 990 and Parts I and II of Schedule
A of Form 990).
(ii) * * * In the case of a tax-exempt
organization other than a private

VerDate 04-JAN-2000

17:09 Jan 12, 2000

foundation, the term annual
information return does not include the
name and address of any contributor to
the organization.
*
*
*
*
*
(h) Effective date— (1) In general. For
a tax-exempt organization, other than a
private foundation, this section is
applicable June 8, 1999. For a private
foundation, this section is applicable
(except as provided in paragraph (h)(2)
of this section) beginning March 13,
2000.
(2) Private foundation annual
information returns. This section does
not apply to any private foundation
return the due date for which
(determined with regard to any
extension of time for filing) is before the
applicable date for private foundations
specified in paragraph (h)(1) of this
section.
§ 301.6104(d)–4 [Redesignated as
§ 301.6104(d)–2]

Par. 7. Section 301.6104(d)–4 is
redesignated as § 301.6104(d)–2.
Par. 8. Newly designated
§ 301.6104(d)–2 is amended as follows:
1. In paragraph (a), remove the
language ‘‘§ 301.6104(d)–3(a)’’ from
each place it appears and add
‘‘§ 301.6104(d)–1(a)’’ in each place,
respectively.
2. Revise paragraph (e).
The revision reads as follows:
§ 301.6104(d)–2 Making applications and
returns widely available.

*

PART 602—OMB CONTROL NUMBERS
UNDER THE PAPERWORK
REDUCTION ACT
Par. 11. The authority citation for part
602 continues to read as follows:
Authority: 26 U.S.C. 7805.

Par. 12. In § 602.101, paragraph (b) is
amended by removing the entries for
301.6104(d)–4 and 301.6104(d)–5, by
revising the entries for 301.6104(d)–1
and 301.6104(d)–3, and by adding a new
entry for 301.6104(d)–2 in numerical
order to the table to read as follows:
§ 602.101

*

OMB Control numbers.

*
*
(b) * * *

*

*

CFR part or section
where identified and
described
*
*
*
301.6104(d)–1 ................
301.6104(d)–2 ................
301.6104(d)–3 ................
*

*

*

Current OMB
control No.
*

*
1545–1655
1545–1655
1545–1655

*

Approved: December 23, 1999.
Robert E. Wenzel,
Deputy Commissioner of Internal Revenue.
Jonathan Talisman,
Acting Assistant Secretary of the Treasury
(Tax Policy).
[FR Doc. 00–278 Filed 1–12–00; 8:45 am]
BILLING CODE 4830–01–P

*
*
*
*
(e) Effective date. For a tax-exempt
organization, other than a private
foundation, this section is applicable
June 8, 1999. For a private foundation,
this section is applicable beginning
March 13, 2000.

DEPARTMENT OF THE TREASURY

§ 301.6104(d)–5 [Redesignated as
§ 301.6104(d)–3]

AGENCY: Bureau of the Public Debt,
Fiscal Service, Treasury.
ACTION: Final rule.

Par. 9. Section 301.6104(d)–5 is
redesignated as § 301.6104(d)–3.
Par. 10. Newly designated
§ 301.6104(d)–3 is amended as follows:
1. In paragraph (a), remove the
language ‘‘§ 301.6104(d)–3(a)’’ and add
‘‘§ 301.6104(d)–1(a)’’ in its place.
2. Revise paragraph (g).
The revision reads as follows:
§ 301.6104(d)–3 Tax-exempt organization
subject to harassment campaign.

*

*
*
*
*
(g) Effective date. For a tax-exempt
organization, other than a private
foundation, this section is applicable
June 8, 1999. For a private foundation,
this section is applicable beginning
March 13, 2000.

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*

Fiscal Service
31 CFR Part 317
Regulations Governing Agencies for
Issue of United States Savings Bonds

SUMMARY: We’re amending 31 CFR part
317 to remove the restriction on nonfederally chartered credit unions serving
as issuing agents for United States
savings bonds. Currently, only federal
credit unions are permitted to serve as
issuing agents, although the paying
agent regulations, found at 31 CFR part
321, have no such limitation. This
amendment would provide that credit
unions chartered or incorporated under
state, territorial, District of Columbia, or
Commonwealth of Puerto Rico law may
also serve as issuing agents. This change
will bring the issuing agent regulations
in line with paying agent regulations as
to credit unions.

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