Instructions For Form 4720 - Return Of Certain Excise Taxes On Charities And Other Persons - Department Of The Treasury - 2009 Page 6

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Column (e). Enter for each person
total tax due on that transaction, then
description of acts that are not
listed in column (a) the tax on taxable
the IRS may charge the amount owed
considered self-dealing.
expenditures from Schedule E, Part II,
to one or more of them regardless of
Initial taxes on self-dealer. An initial
column (d), that the individual took part
the tax apportionment shown on this
tax of 10% of the amount involved is
in as a foundation manager.
return.
charged for each act of self-dealing
Column (f). Enter for each person
between a disqualified person and a
listed in column (a) the tax on political
private foundation for each year or part
expenditures from Schedule F, Part II,
Schedule A—Initial
of a year in the taxable period. Any
column (d), that the individual took part
disqualified person (other than a
Taxes on Self-Dealing
in as an organization or foundation
foundation manager acting only as
manager.
such) who takes part in the act of
(Section 4941)
self-dealing must pay the tax.
Column (g). Enter for each person
listed in column (a) the tax on
Initial taxes on foundation managers.
General Instructions
disqualifying lobbying expenditures
When a tax is imposed on a foundation
Requirement. All organizations that
from Schedule H, Part II, column (d),
manager for an act of self-dealing, the
answered “Yes” to question 1b or 1c in
that the individual took part in as an
tax will be 5% of the amount involved in
Part VII-B of Form 990-PF, or “Yes” to
organization manager.
the act of self-dealing for each year or
question 75b or 75c in Part VI-B of
part of a year in the taxable period.
Column (h). For each person listed in
Form 5227, must complete Schedule A.
However, the total tax imposed for all
column (a), enter the sum of:
Complete Parts I, II, and III of Schedule
years in the taxable period is limited to
1. Taxes that person owes as a
A only in connection with acts that are
$20,000 for each act of self-dealing.
disqualified person, from Schedule I,
subject to the tax on self-dealing.
The tax is imposed on any foundation
Part II, column (d), and
manager who took part in the act
2. Tax on excess benefit
Paying the tax and filing a Form
knowing that it was self-dealing except
transactions in which the organization
4720 is required for each year or part of
those foundation managers whose
manager participated knowing that the
a year in the taxable period that applies
participation was not willful and was
transaction was improper, from
to the act of self-dealing. Generally, the
due to reasonable cause. Any
Schedule I, Part III, column (d).
taxable period begins with the date on
foundation manager who took part in
which the self-dealing occurs and ends
the act of self-dealing must pay the tax.
Column (i). Enter for each person
on the earliest of:
listed in column (a) the tax on the entity
The date a notice of deficiency is
Specific Instructions
manager who approved or otherwise
mailed under section 6212, in
caused the entity to be a party to a
Part I. List each act of self-dealing in
connection with the initial tax imposed
prohibited tax shelter transaction from
Part I. Enter in column (d) the number
on the self-dealer,
Schedule J, Part II, column (d).
designation from Form 990-PF, Part
The date the initial tax on the
VII-B, question 1a, or Form 5227, Part
Column (j). Enter for each person
self-dealer is assessed, or
VI-B, question 75a, that applies to the
listed in column (a) the tax on taxable
The date correction of the act of
act. For example, “1a(1)” or “1a(4).”
distributions from sponsoring
self-dealing is completed.
organizations maintaining donor
Part II. Enter in column (a) the names
Self-dealing. Self-dealing includes
advised funds from Schedule K, Part II,
of all disqualified persons who took part
any direct or indirect:
column (d) that the individual took part
in the acts of self-dealing listed in Part
Sale, exchange, or leasing of
in as a manager.
I. If more than one disqualified person
property between a private foundation
took part in an act of self-dealing, each
Column (k). For each person listed in
and a disqualified person (see
column (a), enter the:
is individually liable for the entire tax in
definitions in Form 990-PF instructions),
connection with the act. But the
1. Tax imposed on a donor, donor
Lending of money or other extension
disqualified persons who are liable for
advisor, or related person, from
of credit between a private foundation
the tax may prorate the payment
Schedule L, Part II, column (d), and
and a disqualified person,
among themselves. Enter in column (c)
2. Tax on each fund manager who
Furnishing of goods, services, or
the tax to be paid by each disqualified
agreed to the making of a distribution of
facilities between a private foundation
person.
a prohibited benefit from Schedule L,
and a disqualified person,
Part III, column (d) that the individual
Carry the total amount in column (d)
Payment of compensation (or
took part in as a manager.
for each self-dealer to page 1, Part II-A,
payment or reimbursement of
column (c).
expenses) by a private foundation to a
Liability for tax. A person’s liability
disqualified person,
Part III. Enter in column (a) the names
for tax as a manager, self-dealer,
Transfer to, or use by or for the
of all foundation managers who took
disqualified person, donor, donor
benefit of, a disqualified person of the
part in the acts of self-dealing listed in
advisor, or related person, under
income or assets of a private
Part I, and who knew that they were
sections 4912, 4941, 4944, 4945, 4955,
foundation, and
acts of self-dealing (except for
4958, 4966, and 4967 is joint and
Agreement by a private foundation to
foundation managers whose
several. Therefore, if more than one
make any payment of money or other
participation was not willful and was
person owes tax on an act as a
property to a government official other
due to reasonable cause).
manager, self-dealer, disqualified
than an agreement to employ or make
person, donor, donor advisor, or related
If more than one foundation
a grant to that individual for any period
person, they may apportion the tax
manager took part in the act of
after the end of government service if
among themselves. However, when all
self-dealing, knowing that it was such
that individual will be ending
managers, self-dealers, donors, donor
an act, and participation was willful and
government service within a 90-day
advisors, related persons, or
not due to reasonable cause, each is
period.
disqualified persons who are liable for
individually liable for the entire tax in
tax on a particular transaction under
Exceptions to self-dealing. Go to
connection with the act. But the
sections 4912, 4941, 4944, 4945, 4955,
foundation managers liable for the tax
4958, 4966, or 4967 pay less than the
irm_07-027-015.html#d0e272 for a
may prorate the payment among
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Form 4720 Instructions

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