Instructions For Form 4720 - Return Of Certain Excise Taxes On Charities And Other Persons - Department Of The Treasury - 2007 Page 14

ADVERTISEMENT

If an entity has an established
2. the sponsoring organization
Tax on sponsoring organization. A
method of accounting other than the
maintaining the donor advised fund
tax of 20% of the amount of each
cash method, the entity may use the
does not exercise expenditure
taxable distribution is imposed on the
cash method to determine the amount
responsibility with respect to such
sponsoring organization.
of the net income and proceeds
distribution in accordance with section
Tax on fund manager. If a tax is
attributable to a prohibited tax shelter
4945(h).
imposed on a taxable distribution of the
transaction.
sponsoring organization, a tax of 5% of
However, a taxable distribution does
the distribution will be imposed on any
Specific Instructions
not include a distribution from a donor
fund manager who agreed to the
advised fund to:
Part I. Complete this part for each
distribution knowing that it was a
transaction if during the tax year, the
taxable distribution. Any fund manager
1. any organization described in
entity received proceeds from or has
who took part in the distribution and is
section 170(b)(1)(A) (other than a
net income attributable to a PTST.
liable for the tax must pay the tax. The
disqualified supporting organization),
maximum amount of tax on all fund
Figure the tax for each transaction
2. the sponsoring organization of
managers for any one taxable
as follows:
such donor advised fund, or
distribution is $10,000. If more than one
If column (e) was answered “Yes,”
3. any other donor advised fund.
fund manager is liable for tax on a
then enter the larger of the column (f)
taxable distribution, all such managers
or column (g) amount in column (h).
Sponsoring organization. A
are jointly and severally liable for the
If column e was answered “No,” then
sponsoring organization is a section
tax.
multiply the larger of the amount in
170(c) organization that is not a
column (f) or column (g) by 35% (.35)
government organization (as referred to
Specific Instructions
and enter the result in column (h).
in section 170(c)(1) and (2)(A)) or a
private foundation and maintains one or
After the tax has been figured for all
Part I. Complete this part for all
more donor advised funds.
PTSTs entered on Schedule J, then
taxable distributions.
total column (h) and enter the amount
Part II. Enter in column (a) the names
Donor advised fund. A donor
on the Total line and on line 9 of Part I,
of all fund managers who agreed to
advised fund is a fund or account:
page 1.
make the taxable distribution. If more
1. Which is separately identified by
Part II. Enter in column (a) the names
than one fund manager is listed in
reference to contributions of a donor or
of all entity managers who approved
column (a) for one distribution, each is
donors,
the entity as (or otherwise caused the
individually liable for the entire tax in
2. Which is owned and controlled by
entity to be) a party to a PTST at any
connection with that distribution.
a sponsoring organization, and
time during the tax year and who knew
However, the fund managers who are
3. For which the donor (or any
or had reason to know that the
liable for the tax may prorate the
person appointed or designated by the
transaction is a PTST.
payment among themselves. Enter in
donor) has or expects to have advisory
column (c) the tax each manager will
Carry the total amount in column (d)
privileges concerning the distribution or
pay for each distribution for which such
for each manager to page 1, Part II-A,
investment of the funds held in the
manager owes a tax.
column (i).
donor advised funds or accounts
Carry the total amount in column (d)
because of the donor’s status as a
for each fund manager to page 1, Part
donor.
Schedule K—Taxes on
II-A, column (j).
Taxable Distributions of
Exception. A donor advised fund
does not include:
Sponsoring
Schedule L—Taxes on
1. A fund or account that makes
distributions only to a single identified
Organizations
Prohibited Benefits
organization or governmental entity, or
Maintaining Donor
Distributed From Donor
2. Any fund or account for a person
described in 3 above that gives advice
Advised Funds (Section
Advised Funds (Section
about which individuals receive grants
4966)
for travel, study, or similar purposes, if;
4967)
a. The person’s advisory privileges
General Instructions
are performed exclusively by such
General Instructions
person in their capacity as a committee
Requirement. Complete Schedule K if
Requirement. All organizations that
member of which all the committee
you answered “Yes” to question 4b in
answered “Yes” in Part III of Schedule
members are appointed by the
Part III of Schedule A (Form 990 or
A (Form 990 or 990-EZ), question 4c,
sponsoring organization.
990-EZ), or if you are a fund manager
must complete Schedule L. Report
b. No combination of persons with
of a sponsoring organization who
each taxable distribution separately.
advisory privileges, described in 3
agreed to the making of a taxable
Complete Parts I, II, and III of Schedule
above, or persons related to those in 3
distribution knowing that it was a
L only in connection with distributions
above, directly or indirectly control the
taxable distribution. Report each
made by a sponsoring organization
committee, or
taxable distribution separately. These
from a donor advised fund which results
c. All grants from the fund or
terms are discussed below.
in a prohibited benefit. (See instructions
account are awarded on an objective
to Schedule K for definitions of the
Taxable distribution. A taxable
and nondiscriminatory basis according
terms sponsoring organization and
distribution is any distribution from a
to a procedure approved in advance by
donor advised fund).
donor advised fund to any natural
the board of directors of the sponsoring
person or to any other person if:
organization. The procedure must be
Prohibited benefit. If any donor,
1. the distribution is for any purpose
designed to ensure that all grants meet
donor advisor, or related party advises
other than one specified in section
the requirements of section 4945(g)(1),
the sponsoring organization about
170(c)(2)(B), or
(2), or (3).
making a distribution which results in a
-14-
Form 4720 Instructions

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Financial