Instructions For Form 199

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Instructions for Form 199
California Exempt Organization Annual Information Return
References in these instructions are to the Internal Revenue Code (IRC) as of January 1, 1998, and to the California Revenue and Taxation Code (R&TC).
General Instructions
Except for those organizations excluded from filing
E Gross Receipts
under General Instruction C, an annual return
Gross receipts are the total amounts received by
using Form 199 is required from every organiza-
In general, California law conforms to the IRC as of
the organization during the annual accounting
tion exempt from tax under R&TC Section 23701.
January 1, 1998. However, there are continuing
period from all sources without subtracting costs
These organizations include:
differences between California and federal law.
or expenses. Gross receipts include, but are not
California has not conformed to most of the
Private foundations must file a completed
limited to:
changes made to the IRC by the federal Internal
Form 199 and pay the applicable filing fee.
Revenue Service (IRS) Restructuring and Reform
The gross amount received as contributions,
However, they may furnish the following
Act of 1998 (Public Law 105-206) and has not
gifts, grants, and similar amounts before
substitute information for Part II:
conformed to any changes made by the Tax and
deducting the expenses of raising and
1. A complete copy of federal Form 990-PF,
Trade Relief Extension Act of 1998 (Public Law
collecting such amounts;
with appropriate schedules; or
105-277), the Miscellaneous Trade and Technical
The gross amount received as dues and
2. A complete copy of the current Form CT-2,
Corrections Act of 1999 (Public Law 106-36), and
assessments from members or affiliated
Registry of Charitable Trusts Report
the Ticket to Work and Work Incentives Improve-
organizations before deducting the expenses
(including federal Form 990).
ment Act of 1999 (Public Law 106-170).
attributable to the receipt of such amounts;
Nonexempt charitable trusts described in IRC
Gross sales or receipts from business
Organizations that do not hold a current R&TC
Section 4947(a)(1) must comply with the
activities, including business activities
Section 23701 tax-exempt status should not file
reporting requirements of private foundations.
unrelated to the purpose of the organization;
Form 199, unless the organization is a nonexempt
They are required to file Form 199, not
The gross amount received from the sale of
charitable trust described under General Instruc-
Form 541, California Fiduciary Income Tax
assets before deducting the cost or other basis
tion B, Who Must File.
Return.
of the property and expense of sale; and
Exempt organizations are not required to attach a
The gross amount received as investment
Religious or apostolic organizations
copy of federal Form 990, Return of Organization
income such as interest, dividends, rents, and
described in R&TC Section 23701k must attach
Exempt from Income Tax. However, Form 990 may
royalties.
a completed Form 565, Partnership Return of
be attached to Form 199 in lieu of completing
Income, to Form 199.
Normally less than $25,000 means:
Part II of Form 199 unless otherwise provided in
these instructions.
C Exceptions
IF IN EXISTENCE
GROSS RECEIPTS/
FOR –
PLEDGES EQUAL
Effective for years beginning on or after January 1,
Except for a private foundation, organizations with
2000, references to “income year” were replaced
1 year or less
$37,500 or less
gross receipts that are normally less than $25,000
with “taxable year” in all provisions of the Bank
$30,000 or less (average
are not required to file Form 199. See General
and Corporation Tax Law (B&CTL), the Administra-
2 years
for current year and
Instruction E, Gross Receipts.
tion of the Franchise and Income Tax Law (AFITL),
immediately preceding year)
and the Personal Income Tax Law (PITL).
Other organizations not required to file Form 199,
Therefore, all forms and instructions have been
regardless of the amount of gross receipts,
$25,000 or less (average
revised to replace the term “income year” with
3 years or more
for current year and
include:
“taxable year.” When referring to an income
immediately preceding 2
Churches, interchurch organizations of local
prior years)
measurement period beginning before January 1,
association units of a church, conventions or
2000, the term “taxable year” should be inter-
associations of churches, or integrated
Note: We will mail Form 199 and the instructions
preted to mean “income year” as that term applied
auxiliaries of churches;
to ALL organizations that MAY have a filing
for those periods prior to January 1, 2000.
Religious orders;
requirement. This is done for the convenience of
Private Mailbox (PMB) Numbers
Organizations formed to carry out a function of
the organization. If you are not required to file
If you lease a private mailbox (PMB) from a private
a state, or a public body that is carrying out
Form 199 because the gross receipts are normally
business rather than a PO box from the United
that function and is controlled by the state, or a
less than $25,000, you may
States Postal Service, enter your box number in
public body;
•· disregard the form if the codes above the name
the field labeled “PMB no.’’
Political organizations exempt under R&TC
of the organization on the mailing label are
Section 23701r;
A Purpose
either “040 330” or “040 350”, or
Qualified state tuition programs exempt under
write to us and include a copy of the mailing
R&TC Section 23711;
Form 199 is used by organizations that have been
label if the codes are any other combination.
Education IRAs exempt under R&TC
granted an exemption by the Franchise Tax Board
Section 23712; and
F Payment of Filing Fee
(FTB), organized, and operated under R&TC
Stock bonus, pension, or profit sharing trusts
Section 23701, to provide the FTB with required
exempt under R&TC Section 17631.
Organizations required to file Form 199 must pay a
information.
$10 filing fee. If the $10 fee is not paid by the due
D Homeowners’ Associations
B Who Must File
date (including extensions), an additional $15 is
assessed for a total fee of $25. (If the return is
Homeowners’ associations exempt under R&TC
Answer the following questions to determine if the
filed on or before the original due date, there is no
Section 23701t include condominium management
organization should file Form 199.
extension of time in which the fee may be paid.)
associations, residential real-estate-management
1. Have you received a letter from the FTB
associations, cooperative housing corporations,
Exception. The filing fee does not apply to the
granting tax-exempt status to the
and effective January 1, 1998, timeshare
following organizations exempt under R&TC
organization?
Yes
No
associations.
Section 23701d:
2. Are you a nonexempt charitable trust as
Gross receipts for a homeowners’ association are
Exclusively religious organizations;
described in IRC Section 4947(a)(1)?
defined as gross receipts from all sources before
An exclusively educational organization if the
Yes
No
deductions.
organization normally maintains a regular
faculty and curriculum and normally has a
If the answer to both of these questions is “No,”
The taxable income for a homeowners’ association
regularly organized body of students in
STOP HERE, DO NOT FILE THIS FORM.
is defined as all income received during the taxable
attendance at the place where its educational
year other than amounts received from member-
If the answer to one of the questions is “Yes,’’ then
activities are regularly carried on;
ship fees, dues, or assessments.
the organization may be required to file a Form 199
An exclusively charitable organization, or an
depending upon:
Homeowners’ associations may also be required to
organization for the prevention of cruelty to
file Form 100, California Corporation Franchise or
The type of exempt organization it is. See
children or animals, if the organization is
Income Tax Return, if the homeowners’
below and General Instruction C, Exceptions;
supported, in whole or in part, by funds
association’s gross nonexempt function income
and
contributed by the United States or any state or
exceeds $100.
The amount of the organization’s normal gross
political subdivision thereof, or is primarily
receipts. See General Instruction E, Gross
supported by contributions of the general
For more complete details regarding filing
Receipts.
public; or
requirements, get FTB Pub. 1028, Guidelines for
Homeowners’ Associations.
Form 199 Instructions 2000 Page 1

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