Instructions For Form 4720 - Return Of Certain Excise Taxes On Charities And Other Persons - Department Of The Treasury - 2007 Page 4

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Managers and self-dealers should pay
excess business holdings, complete
Initial Tax Liability
taxes imposed on them with their own
Schedule C for each enterprise.
check or money order.
If you pay an initial tax on self-dealing
Before completing Schedule D,
or on investments that jeopardize
Disqualified persons and entity
determine whether the investment was
charitable purpose (figured on
managers should pay taxes on excess
program related. If not, complete
Schedules A and D of Form 4720,
benefit transactions that are imposed
Schedule D for each investment for
respectively) for tax year 2007, the
on them with their own check or money
which you answered “Yes” to Form
payment may not satisfy the entire tax
order. Any reimbursement of a
990-PF, Part VII-B, question 4a or b, or
liability for an act of self-dealing or a
disqualified person’s tax liability from
Form 5227, Part VI-B, question 78a or
jeopardy investment. (For the definition
excess benefit transactions by the
b.
of self-dealing, see the instructions for
organization will be treated as an
Schedule A of this form; for the
excess benefit transaction subject to
definition of jeopardy investment, see
the tax unless the organization included
Specific Instructions for
the instructions for Schedule D of this
the reimbursement in the disqualified
form.) Paying the tax and filing a Form
Page 1
person’s compensation and the
4720 are required for each year or part
disqualified person’s total
of a year in the taxable period that
Question B. To avoid additional taxes
compensation was reasonable. See the
applies to the act or investment.
and penalties under sections 4941
instructions to Schedule I on page 12
Generally, the taxable period begins
through 4945, 4955, and 4958, and in
for information on excess benefit
with the date of the act or investment
some cases further initial taxes on the
transactions.
and ends with the date corrective action
foundation, organization, and related
is completed, a notice of deficiency is
persons, a foundation, organization,
Rounding Off to Whole
mailed, or the tax is assessed,
disqualified person, or manager must
whichever comes first.
correct the taxable event within the
Dollars
correction period. The taxable event is
Similar rules apply for the initial tax
You may round off cents to whole
the act, failure to act, or transaction that
liability resulting from failing to distribute
dollars on your return and schedules. If
resulted in the liability for initial taxes
income (Schedule B) and from
you do round to whole dollars, you
under these provisions.
acquiring excess business holdings
must round all amounts. To round, drop
(Schedule C). Thus, the initial tax
amounts under 50 cents and increase
Generally, the correction period
liability for those taxes continues to
amounts from 50 to 99 cents to the next
begins on the date the event occurs
accrue until the date a notice of
dollar. For example, $1.39 becomes $1
and ends 90 days after the mailing date
deficiency is mailed, the violation is
and $2.50 becomes $3.
of a notice of deficiency, under section
corrected, or the tax is assessed,
6212, in connection with the second tier
If you have to add two or more
whichever comes first.
tax imposed on that taxable event. That
amounts to figure the amount to enter
time is extended by:
on a line, include cents when adding
Completing the
Any period in which a deficiency
the amounts and round off only the
cannot be assessed under section
total.
Schedules
6213(a) because a petition to the Tax
Court for redetermination of the
Before completing any of the schedules
Penalties and Interest
deficiency is pending, not extended by
in this return, read the applicable
any supplemental proceeding by the
instructions. If any completed schedule
There are penalties for failure to file or
Tax Court under section 4961(b),
shows taxes owed, enter them on page
to pay tax. There are also penalties for
regarding whether correction was
1 of this return.
willful failure to file, supply information
made, and
or pay tax, and for filing fraudulent
The instructions for Schedules A
Any other period the IRS determines
returns and statements, that apply to
through L describe acts or transactions
is reasonable and necessary to correct
public charities, private foundations,
subject to tax under Chapter 42. Also,
the taxable event.
managers, donors, donor advisors,
go to
related persons, and self-dealers who
The taxable event will be treated as
index.html for a list of exceptions that
are required to file this return. See
occurring:
eliminate any tax liability that would
sections 6651, 7203, 7206, and 7207.
For the tax on failure to distribute
otherwise be shown on Schedules A
Also, see section 6684 for penalties
income, on the first day of the tax year
and E. Do not complete Schedules A
that relate to tax liability under Chapter
for which there was a failure to
and E if exceptions apply to all the acts
42.
distribute income,
or transactions. In general, question A
For the tax on excess business
Interest at the underpayment rate
on page 1 and Schedules A, B, C, D,
holdings, on the first day on which there
established under section 6621 is
and E do not apply to public charities.
were excess business holdings, or
charged for any unpaid tax. The
However, Schedule C does apply to
In any other case, on the date the
interest on underpayments is in addition
some public charities including donor
event occurred.
to any penalties.
advised funds and certain supporting
organizations that are treated as private
Generally, the term “correction” has
foundations for purposes of section
Abatement
the following meanings.
4943. See the instructions for Schedule
See section 4962 for rules on
1. Section 4941 (Schedule A) —
C for a description of the public
abatement, refund, or relief from
Undoing the transaction to the extent
charities to which section 4943 applies.
payment of first tier taxes under
possible, but in any case placing the
sections 4942 through 4945, 4955,
Before completing Schedule C,
private foundation in a financial position
4958, 4966, and 4967. To request
determine whether the organization or
not worse than that in which it would be
abatement, refund, or relief under
donor advised fund has excess
if the disqualified person were dealing
section 4962, write “Request for
holdings in any business enterprise. If
under the highest fiduciary standards.
Abatement Under Section 4962” in the
the organization or donor advised fund
2. Section 4942 (Schedule B) —
top margin of Form 4720, page 1.
has holdings subject to the tax on
Making sufficient qualifying distributions
-4-
Form 4720 Instructions

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