Instructions For Form 8870 - 2013 printable pdf download

Form 8870 (Rev. 8-2013)

Page

Exception for charitable remainder trusts. Under section

General Instructions

170(f)(10)(E), a person receiving annuity or unitrust payments

Section references are to the Internal Revenue Code unless

from a charitable remainder trust is not treated as an indirect

otherwise noted.

beneficiary of a life insurance, annuity, or endowment contract if

the trust possesses all of the incidents of ownership under the

Future Developments

contract and is entitled to all payments under the contract.

For the latest information about developments related to

When To File

Form 8870 and its instructions, such as legislation enacted after

they were published, go to

A charitable organization, other than a charitable remainder

trust described in section 664(d), that paid premiums on a

Who Must File

personal benefit contract must file Form 8870 by the fifteenth

day of the fifth month after the end of the tax year. A charitable

Section 170(f)(10) requires a charitable organization described in

remainder trust described in section 664(d) must file Form 8870

section 170(c) or a charitable remainder trust described in

by April 15 following the calendar year during which it paid the

section 664(d) to complete and file Form 8870 if it paid

premiums.

premiums after February 8, 1999, on certain life insurance,

annuity, and endowment contracts (personal benefit contracts).

If the regular due date falls on a Saturday, Sunday, or legal

holiday, file on the next business day. A business day is any

Note. Section 170(f)(10)(A) denies a charitable contribution

day that is not a Saturday, Sunday, or legal holiday.

deduction for a transfer to a “charitable organization” if the

charitable organization pays any premium on a personal benefit

If the return is not filed by the due date (including any

contract with respect to the transferor. If there is an

extension granted), attach a statement giving the reasons for

understanding or expectation that any other person will pay any

not filing on time.

premium on the personal benefit contract, that payment is

Where To File

treated as made by the organization.

Section 170(f)(10)(F)(iii) requires a charitable organization to

Send the return to the Department of the Treasury, Internal

report annually:

Revenue Service, Ogden, UT 84201-0027.

1. The amount of any premiums it paid, on a personal benefit

Private delivery services. You can use certain private delivery

contract to which section 170(f)(10) applies;

services designated by the IRS to meet the “timely mailing as

timely filing/paying” rule for tax returns and payments. The

2. The name and taxpayer identification number (TIN) of each

private delivery services include only the following:

beneficiary under each contract to which the premiums relate;

and

• DHL Express (DHL): DHL Same Day Service.

3. Any other information the Secretary may require.

• Federal Express (FedEx): FedEx Priority Overnight, FedEx

Standard Overnight, FedEx 2Day, FedEx International Priority,

Definitions

and FedEx International First.

Charitable organization. A charitable organization is an

• United Parcel Service (UPS): UPS Next Day Air, UPS Next Day

organization described in section 170(c). For purposes of this

Air Saver, UPS 2nd Day Air, UPS 2nd Day Air A.M., UPS

form, a charitable remainder trust, as defined in section 664(d),

Worldwide Express Plus, and UPS Worldwide Express.

is also a charitable organization.

The private delivery service can tell you how to get written

Personal benefit contract. In general, section 170(f)(10)(B)

proof of the mailing date.

defines a “personal benefit contract,” with respect to the

Extension of Time To File

transferor, as any life insurance, annuity, or endowment

contract that benefits, directly or indirectly, the transferor, a

A charitable organization, including a charitable remainder trust,

member of the transferor’s family or any other person

may obtain an extension of time to file Form 8870 by filing Form

designated by the transferor (other than an organization

8868, Application for Extension of Time To File an Exempt

described in section 170(c)).

Organization Return, on or before the due date of the return.

Exception for charitable gift annuity. Under section 170(f)

Generally, the IRS will not grant an extension of time for more

(10)(D), a person receiving payments under a charitable gift

than 90 days. If more time is needed, file a second Form 8868

annuity (as defined in section 501(m)) funded by an annuity

for an additional 90-day extension. In no event will an extension

contract purchased by a charitable organization is not treated

of more than 6 months be granted to any domestic organization.

as an indirect beneficiary of a personal benefit contract if the

timing and amount of the payments under the annuity contract

are substantially the same as the charitable organization’s

obligations under the charitable gift annuity.

For this exception to apply, the charitable organization must

possess all the incidents of ownership and be entitled to all the

payments under the annuity contract.

Instructions For Form 8870 - 2013

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