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 - 2003 Page 20
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30A grant by a private foundation to a
benefit contract, or there is an
Column (c). Enter salary, fees,
public charity is not a taxable expenditure
understanding or expectation that any
bonuses, and severance payments
if the private foundation does not earmark
person will directly or indirectly pay these
received by each person listed. Include
the grant for any of the activities
premiums.
current year payments of amounts
described in lines 5a(1) – (5), and there is
reported or reportable as deferred
Report the premiums it paid and the
no oral or written agreement by which the
compensation in any prior year.
premiums paid by others, but treated as
grantor foundation may cause the grantee
Column (d). Include all forms of
paid by the private foundation, on Form
to engage in any such prohibited activity
deferred compensation and future
8870 and pay the excise tax (which is
or to select the grant recipient.
severance payments (whether or not
equal to premiums paid) on Form 4720.
Grants made to exempt operating
funded or vested, and whether or not the
For more information, see Form 8870
foundations (as defined in section
deferred compensation plan is a qualified
and Notice 2000-24, 2000-17 I.R.B. 952.
4940(d)(2) and the instructions to Part VI)
plan under section 401(a)). Include
are not subject to the expenditure
payments to welfare benefit plans
Part VIII—Information
responsibility provisions of section 4945.
(employee welfare benefit plans covered
About Officers, Directors,
by Part I of Title 1 of ERISA, providing
Under section 4955, a section
benefits such as medical, dental, life
501(c)(3) organization must pay an excise
Trustees, Foundation
insurance, apprenticeship and training,
tax for any amount paid or incurred on
Managers, Highly Paid
scholarship funds, severance pay,
behalf of or opposing any candidate for
disability, etc.) on behalf of the officers,
public office. The organization must pay
Employees, and
etc. Reasonable estimates may be used if
an additional excise tax if it does not
precise cost figures are not readily
Contractors
correct the expenditure timely.
available.
A manager of a section 501(c)(3)
Line 1 — List of officers, directors,
Unless the amounts are reported in
organization who knowingly agrees to a
trustees, etc. List the names, addresses,
column (c), report, as deferred
political expenditure must pay an excise
and other information requested for those
compensation in column (d), salaries and
tax unless the agreement is not willful and
who were officers, directors, and trustees
other compensation earned during the
there is reasonable cause. A manager
(or any person who had responsibilities or
period covered by the return, but not yet
who does not agree to a correction of the
powers similar to those of officers,
paid by the date the foundation files its
political expenditure may have to pay an
directors, or trustees) of the foundation at
return.
additional excise tax.
any time during the year. Each must be
Column (e). Enter both taxable and
A section 501(c)(3) organization will
listed whether or not they receive any
nontaxable fringe benefits, expense
lose its exempt status if it engages in
compensation from the foundation. Give
account and other allowances (other than
political activity.
the preferred address at which officers,
de minimis fringe benefits described in
etc., want the Internal Revenue Service to
A political expenditure that is treated
section 132(e)). See Pub. 525 for more
contact them.
as an expenditure under section 4955 is
information. Examples of allowances
not treated as a taxable expenditure
Also include on this list, any officers or
include amounts for which the recipient
under section 4945.
directors (or any person who had
did not account to the organization or
For purposes of the section 4955 tax,
responsibilities or powers similar to those
allowances that were more than the
when an organization promotes a
of officers or directors) of a disregarded
payee spent on serving the organization.
candidate for public office (or is used or
entity owned by the foundation who are
Include payments made in connection
controlled by a candidate or prospective
not officers, directors, etc., of the
with indemnification arrangements, the
candidate), amounts paid or incurred for
foundation.
value of the personal use of housing,
the following purposes are political
automobiles, or other assets owned or
If the foundation (or disregarded entity)
expenditures:
pays any other person, such as a
leased by the organization (or provided
1. Remuneration to the individual (or
management services company, for the
for the organization’s use without charge).
candidate or prospective candidate) for
services provided by any of the
Line 2 — Compensation of five
speeches or other services.
foundation’s officers, directors, or trustees
highest-paid employees. Fill in the
2. Travel expenses of the individual.
(or any person who had responsibilities or
information requested for the five
3. Expenses of conducting polls,
powers similar to those of officers,
employees (if any) of the foundation (or
surveys, or other studies, or preparing
directors, or trustees), report the
disregarded entity that the foundation
papers or other material for use by the
compensation and other items on Part
owns) who received the greatest amount
individual.
VIII as if you had paid the officers, etc.,
of annual compensation over $50,000. Do
4. Expenses of advertising, publicity,
directly.
not include employees listed on line 1.
and fundraising for such individual.
Also enter the total number of other
Show all forms of compensation
5. Any other expense that has the
employees who received more than
earned by each listed officer, etc. In
primary effect of promoting public
$50,000 in annual compensation.
addition to completing Part VIII, if you
recognition or otherwise primarily
want to explain the compensation of one
Show each listed employee’s entire
accruing to the benefit of the individual.
or more officers, directors, and trustees,
compensation package for the period
you may provide an attachment
See the regulations under section
covered by the return. Include all forms of
describing the person’s entire 2003
4945 for more information.
compensation that each listed employee
compensation package.
received in return for his or her services.
Line 5b. If you answered “Yes” to any of
See the line 1 instructions for more details
the questions in 5a, you should answer
Enter zero in columns (c), (d), and (e)
on includible compensation.
“Yes” to 5b unless all of the transactions
if no compensation was paid. Attach a
engaged in were “excepted” transactions.
schedule if more space is needed.
Line 3 — Five highest-paid independent
Excepted transactions are described in
contractors for professional services.
Column (b). A numerical estimate of
Regulations section 53.4945 or appear in
Fill in the information requested for the
the average hours per week devoted to
Notices published in the Internal Revenue
five highest-paid independent contractors
the position is required for the answer to
Bulletin, relating to disaster assistance.
(if any), whether individuals or
be considered complete.
Line 6b. Check “Yes” if, in connection
professional service corporations or
Phrases such as “as needed” or
with any transfer of funds to a private
associations, to whom the organization
!
“as required” are unacceptable
foundation, the foundation directly or
paid more than $50,000 for the year to
entries for column (b).
CAUTION
indirectly pays premiums on any personal
perform personal services of a
-20-
Form 990-PF Instructions
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