Instructions For Form 4720 - Instructions For Return Of Certain Excise Taxes - Department Of The Treasury - 2010 Page 6

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persons, as shown in Schedules A, D,
disqualified person, donor, donor
Lending of money or other extension
E, F, H, I, J, K, and L.
advisor, or related person, under
of credit between a private foundation
sections 4912, 4941, 4944, 4945, 4955,
and a disqualified person,
Column (c). For each person listed in
4958, 4966, and 4967 is joint and
Furnishing of goods, services, or
column (a), enter the sum of:
several. Therefore, if more than one
facilities between a private foundation
1. Taxes that person owes as a
person owes tax on an act as a
and a disqualified person,
self-dealer, from Schedule A, Part II,
manager, self-dealer, disqualified
Payment of compensation (or
column (d), and
person, donor, donor advisor, or related
payment or reimbursement of
2. Tax for acts of self-dealing in
person, they may apportion the tax
expenses) by a private foundation to a
which the individual participated as a
among themselves. However, when all
disqualified person,
manager, from Schedule A, Part III,
managers, self-dealers, donors, donor
Transfer to, or use by or for the
column (d).
advisors, related persons, or
benefit of, a disqualified person of the
disqualified persons who are liable for
income or assets of a private
Column (d). Enter for each person
tax on a particular transaction under
foundation, and
listed in column (a) the tax on jeopardy
sections 4912, 4941, 4944, 4945, 4955,
Agreement by a private foundation to
investments from Schedule D, Part II,
4958, 4966, or 4967 pay less than the
make any payment of money or other
column (d), that the individual took part
total tax due on that transaction, then
property to a government official other
in as a foundation manager.
the IRS may charge the amount owed
than an agreement to employ or make
Column (e). Enter for each person
to one or more of them regardless of
a grant to that individual for any period
listed in column (a) the tax on taxable
the tax apportionment shown on this
after the end of government service if
expenditures from Schedule E, Part II,
return.
that individual will be ending
column (d), that the individual took part
government service within a 90-day
in as a foundation manager.
Part II-B
period.
Column (f). Enter for each person
Exceptions to self-dealing. Go to
Line 2. If you filed Form 8868 for this
listed in column (a) the tax on political
return, subtract the payment(s) you
expenditures from Schedule F, Part II,
irm_07-027-015.html#d0e272
for a
made with Form 8868 from the amount
column (d), that the individual took part
description of acts that are not
you owe. If you have overpaid, report a
in as an organization or foundation
considered self-dealing.
negative amount in parenthesis.
manager.
Initial taxes on self-dealer. An initial
Column (g). Enter for each person
Note: If there is more than one signer
tax of 10% of the amount involved is
listed in column (a) the tax on
for this return, see Tax Payments on
charged for each act of self-dealing
disqualifying lobbying expenditures
page 3.
between a disqualified person and a
from Schedule H, Part II, column (d),
private foundation for each year or part
that the individual took part in as an
of a year in the taxable period. Any
organization manager.
Schedule A—Initial
disqualified person (other than a
Column (h). For each person listed in
foundation manager acting only as
Taxes on Self-Dealing
column (a), enter the sum of:
such) who takes part in the act of
1. Taxes that person owes as a
(Section 4941)
self-dealing must pay the tax.
disqualified person, from Schedule I,
Initial taxes on foundation managers.
Part II, column (d), and
General Instructions
When a tax is imposed on a foundation
2. Tax on excess benefit
manager for an act of self-dealing, the
transactions in which the organization
Requirement. All organizations that
tax will be 5% of the amount involved in
manager participated knowing that the
answered “Yes” to question 1b or 1c in
the act of self-dealing for each year or
transaction was improper, from
Part VII-B of Form 990-PF, or “Yes” to
part of a year in the taxable period.
Schedule I, Part III, column (d).
question 75b or 75c in Part VI-B of
However, the total tax imposed for all
Form 5227, must complete Schedule A.
years in the taxable period is limited to
Column (i). Enter for each person
Complete Parts I, II, and III of Schedule
$20,000 for each act of self-dealing.
listed in column (a) the tax on the entity
A only in connection with acts that are
The tax is imposed on any foundation
manager who approved or otherwise
subject to the tax on self-dealing.
manager who took part in the act
caused the entity to be a party to a
knowing that it was self-dealing except
prohibited tax shelter transaction from
Paying the tax and filing a Form
those foundation managers whose
Schedule J, Part II, column (d).
4720 is required for each year or part of
participation was not willful and was
a year in the taxable period that applies
Column (j). Enter for each person
due to reasonable cause. Any
to the act of self-dealing. Generally, the
listed in column (a) the tax on taxable
foundation manager who took part in
taxable period begins with the date on
distributions from sponsoring
the act of self-dealing must pay the tax.
which the self-dealing occurs and ends
organizations maintaining donor
on the earliest of:
advised funds from Schedule K, Part II,
Specific Instructions
column (d) that the individual took part
The date a notice of deficiency is
Part I. List each act of self-dealing in
in as a manager.
mailed under section 6212, in
Part I. Enter in column (d) the number
connection with the initial tax imposed
Column (k). For each person listed in
designation from Form 990-PF, Part
on the self-dealer,
column (a), enter the:
VII-B, question 1a, or Form 5227, Part
The date the initial tax on the
1. Tax imposed on a donor, donor
VI-B, question 75a, that applies to the
self-dealer is assessed, or
advisor, or related person, from
act. For example, “1a(1)” or “1a(4).”
Schedule L, Part II, column (d), and
The date correction of the act of
Part II. Enter in column (a) the names
self-dealing is completed.
2. Tax on each fund manager who
of all disqualified persons who took part
agreed to the making of a distribution of
Self-dealing. Self-dealing includes
in the acts of self-dealing listed in Part
a prohibited benefit from Schedule L,
any direct or indirect:
I. If more than one disqualified person
Part III, column (d) that the individual
Sale, exchange, or leasing of
took part in an act of self-dealing, each
took part in as a manager.
property between a private foundation
is individually liable for the entire tax in
Liability for tax. A person’s liability
and a disqualified person (see
connection with the act. But the
for tax as a manager, self-dealer,
definitions in Form 990-PF instructions),
disqualified persons who are liable for
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Form 4720 Instructions

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