Instructions For Form 990-Pf - Return Of Private Foundation Or Section 4947(A)(1) Nonexempt Charitable Trust Treated As A Private Foundation - Return Of Private Foundation Or Section 4947(A)(1) Nonexempt Charitable Trust Treated As A Private Foundation - Page 19
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31Line 2 — Section 511 tax. Under section
not realize the payee was an exempt
(section 4941), or subject the foundation
4940(b), a domestic section 4947(a)(1)
organization and not subject to this
to the taxes imposed by sections 4942
nonexempt charitable trust or taxable
withholding, the organization can claim
(failure to distribute income), 4943
private foundation must add to the tax
credit for the amount withheld.
(excess business holdings), 4944
figured under section 4940(a) (on line 1)
(investments which jeopardize charitable
Do not claim erroneous backup
the tax which would have been imposed
purpose), and 4945 (taxable
!
withholding on line 6d if you claim
under section 511 for the tax year if it had
expenditures). A private foundation may
it on Form 990-T.
CAUTION
been exempt from tax under section
satisfy these section 508(e) requirements
501(a). If the domestic section 4947(a)(1)
Line 8 — Penalty. Enter any penalty for
either by express language in its
nonexempt charitable trust or taxable
underpayment of estimated tax shown on
governing instrument or by application of
private foundation has unrelated business
Form 2220. Form 2220 is used by both
state law that imposes the above
corporations and trusts.
taxable income that would have been
requirements on the foundation or treats
subject to the tax imposed by section 511,
these requirements as being contained in
Line 9 — Tax due. Domestic foundations
the computation of tax must be shown in
the governing instrument. If an
should see General Instruction P.
an attachment. Form 990-T may be used
organization claims it satisfies the
All foreign organizations should
as the attachment. All other filers, enter
requirements of section 508(e) by
enclose a check or money order (in U.S.
zero.
operation of state law, the provisions of
funds), made payable to the United
state law must effectively impose the
Line 4 — Subtitle A tax. Domestic
States Treasury, with Form 990-PF.
section 508(e) requirements on the
section 4947(a)(1) nonexempt charitable
Amended return. If you are amending
organization. See Rev. Rul. 75-38,
trusts and taxable private foundations,
Part VI, be sure to combine any tax due
1975-1 C.B.161, for a list of states with
enter the amount of subtitle A (income)
that was paid with the original return (or
legislation that satisfies the requirements
tax for the year reported on Form 1041 or
any overpayment credited or refunded) in
of section 508(e).
Form 1120. All other filers, enter zero.
the total for line 7. On the dotted line to
However, if the state law does not
Line 5 — Tax based on investment
the left of the line 7 entry space, write
apply to a governing instrument that
income. Subtract line 4 from line 3 and
“Tax Paid w/ O.R.” and the amount paid.
contains mandatory directions conflicting
enter the difference (but not less than
If you had an overpayment, write “O.R.
with any of its requirements and the
zero) on line 5. Any overpayment entered
Overpayment” and the amount credited or
organization has such mandatory
on line 10 that is the result of a negative
refunded in brackets.
directions in its governing instrument,
amount shown on line 5 will not be
If you file more than one amended
then the organization has not satisfied the
refunded. Unless the organization is a
return, attach a schedule listing the tax
requirements of section 508(e) by the
domestic section 4947(a)(1) nonexempt
due amounts that were paid and
operation of that legislation.
charitable trust or taxable private
overpayment amounts that were credited
foundation, the amount on line 5 is the
or refunded. Write “See Attachment” on
Line 8a. In the space provided list all
same as on line 1.
the dotted line and enter the net amount
states:
Line 6a. Enter the amount of 2005
in the entry space for line 7.
1. To which the organization reports in
estimated tax payments, and any 2004
any way about its organization, assets, or
Part VII-A—Statements
overpayment of taxes that the
activities, and
organization specified on its 2004 return
2. With which the organization has
Regarding Activities
to be credited toward payment of 2005
registered (or which it has otherwise
Each question in this section must be
estimated taxes.
notified in any manner) that it intends to
answered “Yes,” “No,” or “N/A” (not
be, or is, a charitable organization or that
Line 6a applies only to domestic
applicable).
it is, or intends to be, a holder of property
!
organizations.
Line 1. “Political purposes” include, but
devoted to a charitable purpose.
CAUTION
are not limited to: directly or indirectly
Trust payments treated as
accepting contributions or making
Attach a separate list if you need more
payments to influence the selection,
beneficiary payments. A trust may treat
space.
any part of estimated taxes it paid as
nomination, election, or appointment of
Line 9. If the organization claims status
any individual to any federal, state, or
taxes paid by the beneficiary. If the filing
as a private operating foundation for 2005
local public office or office in a political
organization was a beneficiary that
and, in fact, meets the private operating
received the benefit of such a payment
organization, or the election of
foundation requirements for that year (as
presidential or vice presidential electors,
from a trust, include the amount on line
reflected in Part XIV), any excess
whether or not the individual or electors
6a of Part VI, and write, “Includes section
distributions carryover from 2004 or prior
643(g) payment.” See section 643(g) for
are actually selected, nominated, elected,
years may not be carried over to 2005 or
or appointed.
more information about estimated tax
any year after 2005 even if it does not
payments treated as paid by a
Line 3. A “conformed” copy of an
meet the private operating foundation
beneficiary.
organizational document is one that
requirements. See the instructions for
agrees with the original document and all
Line 6b. Exempt foreign foundations
Part XIII.
its amendments. If copies are not signed,
must enter the amount of tax withheld at
Line 10 — Substantial contributors. If
attach a written declaration signed by an
the source.
you answer “Yes,” attach a schedule
officer authorized to sign for the
Line 6d. Enter the amount of any backup
listing the names and addresses of all
organization, certifying that they are
withholding erroneously withheld.
persons who became substantial
complete and accurate copies of the
Recipients of interest or dividend
contributors during the year.
original documents.
payments must generally certify their
Note. If you are filing electronically, send
correct tax identification number to the
The term “substantial contributor”
a conformed copy of the changes to the
bank or other payer on Form W-9,
means any person whose contributions or
IRS at the address listed in General
Request for Taxpayer Identification
bequests during the current tax year and
Instruction U.
Number and Certification. If the payer
prior tax years total more than $5,000 and
does not get this information, it must
Line 6. For a private foundation to be
are more than 2% of the total
withhold part of the payments as “backup
exempt from income tax, its governing
contributions and bequests received by
withholding.” If the organization files Form
instrument must include provisions that
the foundation from its creation through
990-PF and was subject to erroneous
require it to act or refrain from acting so
the close of its tax year. In the case of a
backup withholding because the payer did
as not to engage in an act of self-dealing
trust, the term “substantial contributor”
-19-
Form 990-PF Instructions
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