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 - 2008 Page 19
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32foundation, the amount on line 5 is the
the dotted line and enter the net amount
1. To which the organization reports in
same as on line 1.
in the entry space for line 7.
any way about its organization, assets, or
activities, and
Line 6a. Enter the amount of 2008
Part VII-A—Statements
2. With which the organization has
estimated tax payments, and any 2007
registered (or which it has otherwise
overpayment of taxes that the
Regarding Activities
notified in any manner) that it intends to
organization specified on its 2007 return
be, or is, a charitable organization or that
Each question in this section must be
to be credited toward payment of 2008
it is, or intends to be, a holder of property
answered “Yes,” “No,” or “N/A” (not
estimated taxes.
devoted to a charitable purpose.
applicable).
Line 6a applies only to domestic
Line 1. “Political purposes” include, but
!
foundations.
Attach a separate list if you need more
are not limited to: directly or indirectly
space.
CAUTION
accepting contributions or making
Line 9. If the organization claims status
Trust payments treated as
payments to influence the selection,
as a private operating foundation for 2008
beneficiary payments. A trust may treat
nomination, election, or appointment of
and, in fact, meets the private operating
any part of estimated taxes it paid as
any individual to any federal, state, or
foundation requirements for that year (as
taxes paid by the beneficiary. If the filing
local public office or office in a political
reflected in Part XIV), any excess
organization was a beneficiary that
organization, or the election of
distributions carryover from 2007 or prior
received the benefit of such a payment
presidential or vice presidential electors,
years may not be carried over to 2008 or
from a trust, include the amount on line
whether or not the individual or electors
any year after 2008 even if it does not
6a of Part VI, and write, “Includes section
are actually selected, nominated, elected,
meet the private operating foundation
643(g) payment.” See section 643(g) for
or appointed.
requirements. See the instructions for
more information about estimated tax
Line 3. A “conformed copy” of an
Part XIII.
payments treated as paid by a
organizational document is one that
beneficiary.
Line 10 — Substantial contributors. If
agrees with the original document and all
you answer “Yes,” attach a schedule
Line 6b. Exempt foreign foundations
its amendments. If copies are not signed,
listing the names and addresses of all
must enter the amount of tax withheld at
attach a written declaration signed by an
persons who became substantial
the source.
officer authorized to sign for the
contributors during the year.
organization, certifying that they are
Line 6d. Enter the amount of any
complete and accurate copies of the
The term “substantial contributor”
backup withholding erroneously withheld.
original documents.
means any person whose contributions or
Recipients of interest or dividend
bequests during the current tax year and
payments must generally certify their
Note. If you are filing electronically, send
prior tax years total more than $5,000 and
correct tax identification number to the
a conformed copy of the changes to the
are more than 2% of the total
bank or other payer on Form W-9,
IRS at the address listed in General
contributions and bequests received by
Request for Taxpayer Identification
Instruction U.
the foundation from its creation through
Number and Certification. If the payer
Line 6. For a private foundation to be
the close of its tax year. In the case of a
does not get this information, it must
exempt from income tax, its governing
trust, the term “substantial contributor”
withhold part of the payments as “backup
instrument must include provisions that
also means the creator of the trust
withholding.” If the organization files Form
require it to act or refrain from acting so
(section 507(d)(2)(A)).
990-PF and was subject to erroneous
as not to engage in an act of self-dealing
backup withholding because the payer did
The term “person” includes individuals,
(section 4941), or subject the foundation
not realize the payee was an exempt
trusts, estates, partnerships, associations,
to the taxes imposed by sections 4942
organization and not subject to this
corporations, and other exempt
(failure to distribute income), 4943
withholding, the organization can claim
organizations.
(excess business holdings), 4944
credit for the amount withheld.
(investments which jeopardize charitable
Each contribution or bequest must be
purpose), and 4945 (taxable
valued at fair market value on the date it
Do not claim erroneous backup
!
expenditures). A private foundation may
was received.
withholding on line 6d if you claim
satisfy these section 508(e) requirements
it on Form 990-T.
CAUTION
Any person who is a substantial
either by express language in its
contributor on any date will remain a
Line 8 — Penalty. Enter any penalty for
governing instrument or by application of
substantial contributor for all later periods.
underpayment of estimated tax shown on
state law that imposes the above
Form 2220. Form 2220 is used by both
However, a person will cease to be a
requirements on the foundation or treats
corporations and trusts.
substantial contributor with respect to any
these requirements as being contained in
private foundation if:
Line 9 — Tax due. Domestic foundations
the governing instrument. If an
should see General Instruction P.
1. The person, and all related
organization claims it satisfies the
persons, made no contributions to the
requirements of section 508(e) by
All foreign organizations should
foundation during the 10-year period
operation of state law, the provisions of
enclose a check or money order (in U.S.
ending with the close of the taxable year;
state law must effectively impose the
funds), made payable to the United
2. The person, or any related person,
section 508(e) requirements on the
States Treasury, with Form 990-PF.
was never the foundation’s manager
organization. See Rev. Rul. 75-38,
Amended return. If you are amending
during this 10-year period; and
1975-1 C.B. 161, for a list of states with
Part VI, be sure to combine any tax due
3. The aggregate contributions made
legislation that satisfies the requirements
that was paid with the original return (or
by the person, and related persons, are
of section 508(e).
any overpayment credited or refunded) in
determined by the IRS to be insignificant
However, if the state law does not
the total for line 7. On the dotted line to
compared to the aggregate amount of
apply to a governing instrument that
the left of the line 7 entry space, write
contributions to the foundation by any
contains mandatory directions conflicting
“Tax Paid w/ O.R.” and the amount paid.
other person and the appreciated value of
with any of its requirements and the
If you had an overpayment, write “O.R.
contributions held by the foundation.
organization has such mandatory
Overpayment” and the amount credited or
directions in its governing instrument,
refunded in brackets.
The term “related person” includes any
then the organization has not satisfied the
If you file more than one amended
other person who would be a disqualified
requirements of section 508(e) by the
return, attach a schedule listing the tax
person because of a relationship with the
operation of that legislation.
due amounts that were paid and
substantial contributor (section 4946).
overpayment amounts that were credited
Line 8a. In the space provided list all
When the substantial contributor is a
or refunded. Write “See Attachment” on
states:
corporation, the term also includes any
-19-
Form 990-PF Instructions
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