Instructions For Form 990-Pf - Return Of Private Foundation Or Section 4947(A)(1) Nonexempt Charitable Trust Treated As A Private Foundation - Internal Revenue Service - 2010 Page 19
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32been exempt from tax under section
Do not claim erroneous backup
expenditures). A private foundation may
!
501(a). If the domestic section 4947(a)(1)
withholding on line 6d if you claim
satisfy these section 508(e) requirements
nonexempt charitable trust or taxable
it on Form 990-T.
either by express language in its
CAUTION
private foundation has unrelated business
governing instrument or by application of
Line 8. Penalty. Enter any penalty for
taxable income that would have been
state law that imposes the above
underpayment of estimated tax shown on
subject to the tax imposed by section 511,
requirements on the foundation or treats
Form 2220. Form 2220 is used by both
the computation of tax must be shown in
these requirements as being contained in
corporations and trusts.
an attachment. Form 990-T may be used
the governing instrument. If an
Line 9. Tax due. Domestic foundations
as the attachment. All other filers, enter
organization claims it satisfies the
should see General Instruction P.
zero.
requirements of section 508(e) by
All foreign organizations should
operation of state law, the provisions of
Line 4. Subtitle A tax. Domestic section
enclose a check or money order (in U.S.
state law must effectively impose the
4947(a)(1) nonexempt charitable trusts
funds), made payable to the United
section 508(e) requirements on the
and taxable private foundations, enter the
States Treasury, with Form 990-PF.
organization. See Rev. Rul. 75-38,
amount of subtitle A (income) tax for the
1975-1 C.B. 161, for a list of states with
Amended return. If you are amending
year reported on Form 1041 or Form
legislation that satisfies the requirements
Part VI, be sure to combine any tax due
1120. All other filers, enter zero.
of section 508(e).
that was paid with the original return (or
Line 5. Tax based on investment
any overpayment credited or refunded) in
However, if the state law does not
income. Subtract line 4 from line 3 and
the total for line 7. On the dotted line to
apply to a governing instrument that
enter the difference (but not less than
the left of the line 7 entry space, write
contains mandatory directions conflicting
zero) on line 5. Any overpayment entered
“Tax Paid w/ O.R.” and the amount paid.
with any of its requirements and the
on line 10 that is the result of a negative
If you had an overpayment, write “O.R.
organization has such mandatory
amount shown on line 5 will not be
Overpayment” and the amount credited or
directions in its governing instrument,
refunded. Unless the organization is a
refunded in brackets.
then the organization has not satisfied the
domestic section 4947(a)(1) nonexempt
If you file more than one amended
requirements of section 508(e) by the
charitable trust or taxable private
return, attach a schedule listing the tax
operation of that legislation.
foundation, the amount on line 5 is the
due amounts that were paid and
same as on line 1.
Line 8a. In the space provided list all
overpayment amounts that were credited
Line 6a. Enter the amount of 2010
states:
or refunded. Write “See Attachment” on
estimated tax payments and any 2009
the dotted line and enter the net amount
1. To which the organization reports in
overpayment of taxes that the
in the entry space for line 7.
any way about its organization, assets, or
organization specified on its 2009 return
activities; and
Part VII-A. Statements
to be credited toward payment of 2010
2. With which the organization has
estimated taxes.
Regarding Activities
registered (or which it has otherwise
notified in any manner) that it intends to
Line 6a applies only to domestic
Each question in this section must be
be, or is, a charitable organization or that
!
foundations.
answered “Yes,” “No,” or “N/A” (not
it is, or intends to be, a holder of property
CAUTION
applicable).
devoted to a charitable purpose.
Trust payments treated as
Line 1. “Political purposes” include, but
beneficiary payments. A trust may treat
are not limited to, directly or indirectly
Attach a separate list if you need more
any part of estimated taxes it paid as
accepting contributions or making
space.
taxes paid by the beneficiary. If the filing
payments to influence the selection,
Line 9. If the organization claims status
organization was a beneficiary that
nomination, election, or appointment of
as a private operating foundation for 2010
received the benefit of such a payment
any individual to any federal, state, or
and, in fact, meets the private operating
from a trust, include the amount on line
local public office or office in a political
foundation requirements for that year (as
6a of Part VI and write, “Includes section
organization, or the election of
reflected in Part XIV), any excess
643(g) payment.” See section 643(g) for
presidential or vice presidential electors,
distributions carryover from 2009 or prior
more information about estimated tax
whether or not the individual or electors
years may not be carried over to 2010 or
payments treated as paid by a
are actually selected, nominated, elected,
any year after 2010 even if it does not
beneficiary.
or appointed.
meet the private operating foundation
Line 3. A “conformed copy” of an
Line 6b. Exempt foreign foundations
requirements. See the instructions for
organizational document is one that
must enter the amount of tax withheld at
Part XIII.
agrees with the original document and all
the source. Attach Form 1042-S, Foreign
its amendments. If copies are not signed,
Person’s U.S. Source Income Subject to
Line 10. Substantial contributors. If
attach a written declaration signed by an
Withholding, or other form that verifies the
you answer “Yes,” attach a schedule
officer authorized to sign for the
withheld tax reported on line 6b (Form
listing the names and addresses of all
organization, certifying that they are
8288-A or Form 8805).
persons who became substantial
complete and accurate copies of the
contributors during the year.
Line 6d. Enter the amount of any
original documents.
backup withholding erroneously withheld.
The term “substantial contributor”
Note. If you are filing electronically, send
Recipients of interest or dividend
means any person whose contributions or
a conformed copy of the changes to the
payments must generally certify their
bequests during the current tax year and
IRS at the address listed in General
correct tax identification number to the
prior tax years total more than $5,000 and
Instruction U.
bank or other payer on Form W-9,
are more than 2% of the total
Line 6. For a private foundation to be
Request for Taxpayer Identification
contributions and bequests received by
Number and Certification. If the payer
exempt from income tax, its governing
the foundation from its creation through
does not get this information, it must
instrument must include provisions that
the close of its tax year. In the case of a
withhold part of the payments as “backup
require it to act or refrain from acting so
trust, the term “substantial contributor”
withholding.” If the organization files Form
as not to engage in an act of self-dealing
also means the creator of the trust
990-PF and was subject to erroneous
(section 4941) or subject the foundation
(section 507(d)(2)(A)).
backup withholding because the payer did
to the taxes imposed by sections 4942
not realize the payee was an exempt
(failure to distribute income), 4943
The term “person” includes individuals,
organization and not subject to this
(excess business holdings), 4944
trusts, estates, partnerships, associations,
withholding, the organization can claim
(investments which jeopardize charitable
corporations, and other exempt
credit for the amount withheld.
purpose), and 4945 (taxable
organizations.
-19-
Form 990-PF Instructions
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