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 8
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Other fee information. If a private
After it is downloaded and viewed,
To request a copy or to inspect an
foundation provides a requester with
the web document exactly reproduces
annual return or an approved exemption
notice of a fee and the requester does not
the image of the annual returns or
application, complete Form 4506-A.
pay the fee within 30 days, it may ignore
exemption application as it was originally
Generally, there is a charge for
the request.
filed with the IRS, except for any
photocopying.
information permitted by statute to be
If a requester’s check does not clear
Also, the IRS can provide a complete
withheld from public disclosure; and
on deposit, it may ignore the request.
set of Form 990-PF returns filed for a year
•
Any individual with access to the
on CD-ROM. A partial set of Form 990-PF
If a private foundation does not require
Internet can access, download, view, and
returns filed by state or by month is also
prepayment and the requester does not
print the document without special
available. Call 1-877-829-5500 or write to
prepay, the private foundation must
computer hardware or software required
the address below for details.
receive consent from the requester if the
for that format (except software that is
Internal Revenue Service
copying and postage charge
readily available to members of the public
TE/GE Customer Account Services
exceeds $20.
without payment of any fee) and without
P.O. Box 2508
Private foundations subject to a
payment of a fee to the private foundation
Cincinnati, OH 45201
harassment campaign. If the IRS
or to another entity maintaining the web
page.
determines that a private foundation is
R. Disclosures Regarding
being harassed, it is not required to
3. Reliability and accuracy
Certain Information and
comply with any request for copies that it
requirements — To meet this, the entity
maintaining the World Wide Web page
reasonably believes is part of the
Services Furnished
harassment campaign.
must:
•
Have procedures for ensuring the
A section 501(c) organization that offers
A group of requests for a private
to sell or solicits money for specific
reliability and accuracy of the document
foundation’s annual returns or exemption
information or a routine service to any
that it posts on the page;
application is indicative of a harassment
•
Take reasonable precautions to
individual that could be obtained by the
campaign if the requests are part of a
individual from a Federal Government
prevent alteration, destruction, or
single coordinated effort to disrupt the
agency free or for a nominal charge must
accidental loss of the document when
operations of the private foundation rather
posted on its page; and
disclose that fact conspicuously when
than to collect information about it.
•
making such offer or solicitation.
Correct or replace the document if a
See Regulations section
posted document is altered, destroyed, or
Any organization that intentionally
301.6104(d)-3 for more information.
lost.
disregards this requirement will be subject
Requests that may be disregarded
4. Notice requirement — To meet
to a penalty for each day the offers or
this, a private foundation must notify any
without IRS approval. A private
solicitations are made. The penalty is the
foundation may disregard any request for
individual requesting a copy of its annual
greater of $1,000 or 50% of the total cost
copies of all or part of any document
returns and/or exemption application
of the offers and solicitations made on
where the documents are available
beyond the first two received within any
that day.
30-day period or the first four received
(including the Internet address). If the
within any 1-year period from the same
request is made in person, the private
S. Organizations
foundation must notify the individual
individual or the same address.
Organized or Created in a
immediately. If the request is in writing, it
Making the Annual Returns and
must notify the individual within 7 days of
Foreign Country or U.S.
Exemption Application Widely
receiving the request.
Available
Possession
Penalties
A private foundation does not have to
If you apply any provision of any U.S. tax
provide copies of its annual returns and/or
A penalty may be imposed on any person
treaty to compute the foundation’s taxable
its exemption application if it makes these
who does not make the annual returns
income, tax liability, or tax credits in a
documents widely available. However, it
(including all required attachments to
manner different from the 990-PF
must still allow public inspection by office
each return) or the exemption application
instructions, attach an explanation.
visitation.
available for public inspection according
Regulations section 53.4948-1(b)
to the section 6104(d) rules discussed
How does a private foundation make
states that sections 507, 508, and
above. If more than one person fails to
its annual returns and exemption
Chapter 42 (other than section 4948) do
comply, each person is jointly and
application widely available? A private
not apply to a foreign private foundation
severally liable for the full amount of the
foundation’s annual returns and/or
that from the date of its creation has
penalty. The penalty amount is $20 for
exemption application is widely available
received at least 85% of its support (as
each day during which a failure occurs.
if it meets all four of the following
defined in section 509(d), other than
The maximum penalty that may be
requirements:
section 509(d)(4)) from sources outside
imposed on all persons for any 1 annual
1. The internet posting
the United States.
return is $10,000. There is no maximum
requirement — This is met if:
•
penalty amount for failure to make the
Section 4948(a) imposes a 4% tax on
The document is posted on a World
the gross investment income from U.S.
exemption application available for public
Wide Web page that the private
sources (i.e., income from dividends,
inspection.
foundation establishes and maintains or
•
interest, rents, payments received on
The document is posted as part of a
Any person who willfully fails to comply
securities loans (as defined in section
database of like documents of other
with the section 6104(d) public inspection
512(a)(5)), and royalties not reported on
requirements is subject to an additional
tax-exempt organizations on a World
Form 990-T) of an exempt foreign private
Wide Web page established and
penalty of $5,000 (section 6685).
foundation. This tax replaces the section
maintained by another entity.
Requirements Placed on the
4940 tax on the net investment income of
2. Additional posting information
IRS
a domestic private foundation. To pay any
requirement — This is met if:
•
tax due, see the instructions for Part VI,
The World Wide Web page through
A private foundation’s annual returns and
line 9.
which the document is available clearly
approved exemption application may be
informs readers that the document is
inspected by the public at an IRS office
Taxable foreign private foundations
available and provides instructions for
for your area or at the IRS National Office
and foreign section 4947(a)(1) nonexempt
downloading the document;
in Washington, DC.
charitable trusts are not subject to the
-8-
Form 990-PF Instructions
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