Client Alert: Non-Filing Charities Risk Loss of Tax Exemption
2010 marks the first year in which charities could lose their tax-exempt status due to failure to file their federal tax return (IRS Form 990, 990-PF, 990-EZ or 990-N) for three consecutive years. While private foundations, medium-sized and larger nonprofits have always been required to file a return with the IRS, the annual filing requirement for small nonprofits (currently defined by the IRS as normally having $25,000 or less in gross receipts annually) was instituted by Congress in 2006. This filing, the IRS Form 990-N, is an online form, requires very basic information from nonprofit organizations, and will serve as a means for the IRS to track these entities. For more information on the filing requirements, refer to the IRS website.
Important Note
The requirement applies not only to stand-alone charities but also to the large number of nonprofit “subsidiaries” and other smaller entities related to larger organizations that may be dormant or have minimal activities. Given their lack of activity it may be easy to overlook such organizations. If your organization has such entities within its corporate umbrella, be sure to complete the filing.
Possible Leniency
It was estimated that over 300,000 organizations had not complied with this filing requirement by the deadline and were at risk of losing their exemption.
The IRS has indicated that there may be a remedy for small nonprofits that are in jeopardy of losing their tax-exempt status due to non-compliance. In a statement posted on the IRS website IRS commissioner, Doug Shulman, indicated that the IRS will be offering future guidance to allow these organizations to maintain their tax-exempt status. In the meantime, the commissioner urged affected nonprofits to file the Form 990-N, even if it is late.
For assistance with your organization’s compliance filings or questions related to this matter please contact us at 617-630-6900.
This article was authored by Jeffrey M. Hurwit, founder of Hurwit & Associates. He can be contacted at (617) 630-6900 or jhurwit@hurwitassociates.com for further information on this subject.