Instructions For Form 4720 - Return Of Certain Excise Taxes - Department Of The Treasury - 2011 Page 7

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Column (j). Enter for each person
description of acts that are not
Schedule A—Initial
listed in column (a) the tax on taxable
considered self-dealing.
distributions from sponsoring
Initial taxes on self-dealer. An initial
Taxes on Self-Dealing
organizations maintaining donor
tax of 10% of the amount involved is
advised funds from Schedule K, Part II,
(Section 4941)
charged for each act of self-dealing
column (d) that the individual took part
between a disqualified person and a
in as a manager.
private foundation for each year or part
General Instructions
of a year in the taxable period. Any
Column (k). For each person listed in
Requirement. All organizations that
disqualified person (other than a
column (a), enter the:
answered “Yes,” to question 1b or 1c in
foundation manager acting only as
1. Tax imposed on a donor, donor
Part VII-B of Form 990-PF, or “Yes,” to
such) who takes part in the act of
advisor, or related person, from
question 75b or 75c in Part VI-B of
self-dealing must pay the tax.
Schedule L, Part II, column (d), and
Form 5227, must complete Schedule A.
Initial taxes on foundation managers.
2. Tax on each fund manager who
Complete Parts I, II, and III of Schedule
When a tax is imposed on a foundation
agreed to the making of a distribution of
A only in connection with acts that are
manager for an act of self-dealing, the
a prohibited benefit from Schedule L,
subject to the tax on self-dealing.
tax will be 5% of the amount involved in
Part III, column (d) that the individual
the act of self-dealing for each year or
took part in as a manager.
Paying the tax and filing a Form
part of a year in the taxable period.
4720 is required for each year or part of
Liability for tax. A person’s liability
However, the total tax imposed for all
a year in the taxable period that applies
for tax as a manager, self-dealer,
years in the taxable period is limited to
to the act of self-dealing. Generally, the
disqualified person, donor, donor
$20,000 for each act of self-dealing.
taxable period begins with the date on
advisor, or related person, under
The tax is imposed on any foundation
which the self-dealing occurs and ends
sections 4912, 4941, 4944, 4945, 4955,
manager who took part in the act
on the earliest of:
4958, 4966, and 4967 is joint and
knowing that it was self-dealing except
The date a notice of deficiency is
several. Therefore, if more than one
those foundation managers whose
mailed under section 6212, in
person owes tax on an act as a
participation was not willful and was
connection with the initial tax imposed
manager, self-dealer, disqualified
due to reasonable cause. Any
on the self-dealer,
person, donor, donor advisor, or related
foundation manager who took part in
The date the initial tax on the
person, they may apportion the tax
the act of self-dealing must pay the tax.
self-dealer is assessed, or
among themselves. However, when all
The date correction of the act of
Specific Instructions
managers, self-dealers, donors, donor
self-dealing is completed.
advisors, related persons, or
Part I. List each act of self-dealing in
Self-dealing. Self-dealing includes
disqualified persons who are liable for
Part I. Enter in column (d) the number
any direct or indirect:
tax on a particular transaction under
designation from Form 990-PF, Part
Sale, exchange, or leasing of
sections 4912, 4941, 4944, 4945, 4955,
VII-B, question 1a, or Form 5227, Part
property between a private foundation
4958, 4966, or 4967 pay less than the
VI-B, question 75a, that applies to the
and a disqualified person (see
total tax due on that transaction, then
act. For example, “1a(1)” or “1a(4).”
definitions in Form 990-PF instructions),
the IRS may charge the amount owed
Part II. Enter in column (a) the names
Lending of money or other extension
to one or more of them regardless of
of all disqualified persons who took part
of credit between a private foundation
the tax apportionment shown on this
in the acts of self-dealing listed in Part
and a disqualified person,
return.
I. If more than one disqualified person
Furnishing of goods, services, or
took part in an act of self-dealing, each
Part II-B
facilities between a private foundation
is individually liable for the entire tax in
and a disqualified person,
Line 2. If there is more than one
connection with the act. But the
Payment of compensation (or
signer for this return, see Tax
disqualified persons who are liable for
payment or reimbursement of
Payments, earlier.
the tax may prorate the payment
expenses) by a private foundation to a
among themselves. Enter in column (c)
Line 3. List total payments here,
disqualified person,
the tax to be paid by each disqualified
including amounts paid on extension(s)
Transfer to, or use by or for the
person.
with Form 8868. See the discussion on
benefit of, a disqualified person of the
Extensions, earlier, for details on
income or assets of a private
Carry the total amount in column (d)
amounts paid with extensions.
for each self-dealer to Part II-A,
foundation, and
Agreement by a private foundation to
column (c).
Line 4. Enter the tax due on this line.
make any payment of money or other
(Make check(s) or money order(s)
Part III. Enter in column (a) the names
property to a government official other
payable to the United States Treasury.)
of all foundation managers who took
than an agreement to employ or make
part in the acts of self-dealing listed in
Line 5. This is your refund. If various
a grant to that individual for any period
Part I, and who knew that they were
persons (individuals or organizations)
after the end of government service if
acts of self-dealing (except for
have overpaid their taxes, please have
that individual will be ending
foundation managers whose
each person request only his, her, or its
government service within a 90-day
participation was not willful and was
legal share of the refund. This can be
period.
due to reasonable cause).
shown on an attachment to the Form
4720. Only persons with a legal right to
Exceptions to self-dealing. Go to
If more than one foundation
a refund should file a refund request
manager took part in the act of
here.
irm_07-027-015.html#d0e272
for a
self-dealing, knowing that it was such
-7-
Form 4720 Instructions

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