Instructions For Form 4720 - Return Of Certain Excise Taxes On Charities And Other Persons - Department Of The Treasury - 2004 Page 3

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Interest at the underpayment rate
must correct the taxable event within the
give the following information separately for
established under section 6621 is charged for
correction period. The taxable event is the act,
each correction:
any unpaid tax. The interest on underpayments
failure to act, or transaction that resulted in the
Schedule and item number of the act or
is in addition to any penalties.
liability for initial taxes under these provisions.
transaction that has been corrected,
A description of the act or transaction that
Generally, the correction period begins on
Abatement
resulted in the tax,
the date the event occurs and ends 90 days
A detailed description of the correction
after the mailing date of a notice of deficiency,
See section 4962 for rules on abatement,
made,
under section 6212, in connection with the
refund, or relief from payment of first tier taxes
The amount of any political expenditure
second tier tax imposed on that taxable event.
under sections 4942 through 4945, 4955, and
recovered,
That time is extended by:
4958. To request abatement, refund, or relief
Description of safeguards to prevent future
Any period in which a deficiency cannot be
under section 4962, write “Request for
political expenditures, and
assessed under section 6213(a) because a
Abatement Under Section 4962” in the top
The date of correction.
petition to the Tax Court for redetermination of
margin of Form 4720, page 1.
the deficiency is pending, not extended by any
For any acts or transactions the foundation,
supplemental proceeding by the Tax Court
Initial Tax Liability
organization, managers, disqualified persons,
under section 4961(b), regarding whether
or self-dealers have not corrected, give the
If you pay an initial tax on self-dealing or on
correction was made, and
following information separately for each act:
investments that jeopardize charitable purpose
Any other period the IRS determines is
Schedule and item number of the act or
(figured on Schedules A and D of Form 4720,
reasonable and necessary to correct the
transaction that has not been corrected,
respectively) for tax year 2004, the payment
taxable event.
A description of the act or transaction, and
may not satisfy the entire tax liability for an act
A detailed explanation of why correction has
The taxable event will be treated as
of self-dealing or a jeopardy investment. (For
not been made and what steps are being taken
occurring:
the definition of self-dealing, see the
to make the correction.
For the tax on failure to distribute income, on
instructions for Schedule A of this form; for the
the first day of the tax year for which there was
If you are correcting deficient distributions
definition of jeopardy investment, see the
a failure to distribute income,
under section 4942 where an election under
instructions for Schedule D of this form.)
For the tax on excess business holdings, on
section 4942(h)(2) was filed with the IRS,
Paying the tax and filing a Form 4720 are
the first day on which there were excess
provide a copy of the election. See the
required for each year or part of a year in the
business holdings, or
instructions for Form 990-PF, Part XIII, lines 4b
taxable period that applies to the act or
In any other case, on the date the event
and 4c for more information.
investment. Generally, the taxable period
occurred.
begins with the date of the act or investment
Part I
Generally, the term “correction” has the
and ends with the date corrective action is
following meanings.
completed, a notice of deficiency is mailed, or
Line 8
the tax is assessed, whichever comes first.
1. Section 4941 (Schedule A) — Undoing
If the organization has an entry on this
the transaction to the extent possible, but in
Similar rules apply for the initial tax liability
TIP
line, it must also file Form 8870.
any case placing the private foundation in a
resulting from failing to distribute income
financial position not worse than that in which it
(Schedule B) and from acquiring excess
would be if the disqualified person were
business holdings (Schedule C). Thus, the
Enter the total of all premiums paid by the
dealing under the highest fiduciary standards.
initial tax liability for those taxes continues to
organization on any personal benefit contract if
2. Section 4942 (Schedule B) — Making
accrue until the date a notice of deficiency is
the payment of premiums is in connection with
sufficient qualifying distributions to compensate
mailed, the violation is corrected, or the tax is
a transfer for which a deduction is not allowed
for deficient qualifying distributions for a prior
assessed, whichever comes first.
under section 170(f)(10)(A). Also, if there is an
tax year.
understanding or expectation that any person
Completing the Schedules
3. Section 4943 (Schedule C) — Action that
will directly or indirectly pay any premium on a
results in the foundation no longer having
personal benefit contract for the transferor,
Before completing any of the schedules in this
excess business holdings in a business
include those premium payments in the
return, read the applicable instructions. If any
enterprise.
amount entered on this line.
completed schedule shows taxes owed, enter
4. Section 4944 (Schedule D) — An
them on page 1 of this return.
A personal benefit contract is (to the
investment is considered to be removed from
transferor) any life insurance, annuity, or
The instructions for Schedules A through F
jeopardy when the investment is sold or
endowment contract that benefits directly or
describe acts or transactions subject to tax
otherwise disposed of, and the proceeds of
indirectly the transferor, a member of the
under Chapter 42. Also, refer to Pub. 578, Tax
such sale or other disposition are not
transferor’s family, or any other person
Information for Private Foundations and
investments that jeopardize the carrying out of
designated by the transferor (other than an
Foundation Managers, for a list of exceptions
the foundation’s exempt purposes.
organization described in section 170(c)).
that eliminate any tax liability that would
5. Section 4945 (Schedule E) —
otherwise be shown on Schedules A and E. Do
For more information, see Notice 2000-24,
a. Recovering part or all of the expenditure
not complete Schedules A and E if exceptions
2000-17 I.R.B. 952.
to the extent recovery is possible, and where
apply to all the acts or transactions. Question A
full recovery is not possible, such additional
Part II-A
on page 1 and Schedules A, B, C, D, and E do
corrective action as is prescribed by
not apply to public charities.
regulations, or
Columns (a) and (b). List the names,
Before completing Schedule C, determine
b. Obtaining or making the report in
addresses, and taxpayer identification number
whether the foundation has excess holdings in
question for a case that fails to comply with
of all persons who owe tax in connection with
any business enterprise. If the foundation has
section 4945(h)(2) or (3) (expenditure
the foundation or organization, whether as
holdings subject to the tax on excess business
responsibility).
managers, self-dealers, or disqualified
holdings, complete Schedule C for each
6. Section 4955 (Schedule F) —
persons, as shown in Schedules A, D, E, F, H,
enterprise.
Recovering part or all of the expenditure to the
and I.
extent recovery is possible, establishment of
Before completing Schedule D, determine
Column (c). For each person listed in column
safeguards to prevent future political
whether the investment was program related. If
(a), enter the sum of:
expenditures, and where full recovery is not
not, complete Schedule D for each investment
1. Taxes that person owes as a
possible, such additional corrective action as is
for which you answered “Yes” to Form 990-PF,
self-dealer, from Schedule A, Part II, column
prescribed by the regulations.
Part VII-B, question 4a or b, or Form 5227,
(d), and
7. Section 4958 (Schedule I) — Undoing
Part VI-B, question 4a or b.
2. Tax for acts of self-dealing in which the
the excess benefit to the extent possible and
individual participated as a foundation
taking any additional measures necessary to
manager, from Schedule A, Part III, column (d).
place the organization in a financial position
Specific Instructions for
not worse than that in which it would be if the
Column (d). Enter for each person listed in
Page 1
disqualified person had been dealing under the
column (a) the tax on jeopardy investments
highest fiduciary standards.
from Schedule D, Part II, column (d), that the
Question B. To avoid additional taxes and
individual took part in as a foundation
penalties under sections 4941 through 4945,
If, when the return is filed, the foundation,
manager.
4955, and 4958, and in some cases further
organization, managers, disqualified persons,
initial taxes on the foundation, organization,
or self-dealers have corrected any acts or
Column (e). Enter for each person listed in
and related persons, a foundation,
transactions resulting in liability for tax under
column (a) the tax on taxable expenditures
organization, disqualified person, or manager
Chapter 42, answer “Yes” to question B and
from Schedule E, Part II, column (d), that the
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Form 4720 Instructions

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