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 - 2004 Page 19
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30Line 6b. Exempt foreign foundations
agrees with the original document and all
persons who became substantial
must enter the amount of tax withheld at
its amendments. If copies are not signed,
contributors during the year.
the source.
attach a written declaration signed by an
The term “substantial contributor”
officer authorized to sign for the
Line 6d. Enter the amount of any backup
means any person whose contributions or
organization, certifying that they are
withholding erroneously withheld.
bequests during the current tax year and
complete and accurate copies of the
Recipients of interest or dividend
prior tax years total more than $5,000 and
original documents.
payments must generally certify their
are more than 2% of the total
correct tax identification number to the
Line 6. For a private foundation to be
contributions and bequests received by
bank or other payer on Form W-9,
exempt from income tax, its governing
the foundation from its creation through
Request for Taxpayer Identification
instrument must include provisions that
the close of its tax year. In the case of a
Number and Certification. If the payer
require it to act or refrain from acting so
trust, the term “substantial contributor”
does not get this information, it must
as not to engage in an act of self-dealing
also means the creator of the trust
withhold part of the payments as “backup
(section 4941), or subject the foundation
(section 507(d)(2)).
withholding.” If the organization files Form
to the taxes imposed by sections 4942
The term “person” includes individuals,
990-PF and was subject to erroneous
(failure to distribute income), 4943
trusts, estates, partnerships, associations,
backup withholding because the payer did
(excess business holdings), 4944
corporations, and other exempt
not realize the payee was an exempt
(investments which jeopardize charitable
organizations.
organization and not subject to this
purpose), and 4945 (taxable
Each contribution or bequest must be
withholding, the organization can claim
expenditures). A private foundation may
valued at fair market value on the date it
credit for the amount withheld.
satisfy these section 508(e) requirements
was received.
either by express language in its
Do not claim erroneous backup
governing instrument or by application of
Any person who is a substantial
!
withholding on line 6d if you claim
state law that imposes the above
contributor on any date will remain a
it on Form 990-T.
CAUTION
requirements on the foundation or treats
substantial contributor for all later periods.
Line 8 — Penalty. Enter any penalty for
these requirements as being contained in
However, a person will cease to be a
underpayment of estimated tax shown on
the governing instrument. If an
substantial contributor with respect to any
Form 2220. Form 2220 is used by both
organization claims it satisfies the
private foundation if:
corporations and trusts.
requirements of section 508(e) by
1. The person, and all related
operation of state law, the provisions of
Line 9 — Tax due. Domestic foundations
persons, made no contributions to the
state law must effectively impose the
should see General Instruction P.
foundation during the 10-year period
section 508(e) requirements on the
All foreign organizations should
ending with the close of the taxable year;
organization. See Rev. Rul. 75-38,
enclose a check or money order (in U.S.
2. The person, or any related person,
1975-1 C.B.161, for a list of states with
funds), made payable to the United
was never the foundation’s manager
legislation that satisfies the requirements
States Treasury, with Form 990-PF.
during this 10-year period; and
of section 508(e).
3. The aggregate contributions made
Amended return. If you are amending
However, if the state law does not
by the person, and related persons, are
Part VI, be sure to combine any tax due
apply to a governing instrument that
determined by the IRS to be insignificant
that was paid with the original return (or
contains mandatory directions conflicting
compared to the aggregate amount of
any overpayment credited or refunded) in
with any of its requirements and the
contributions to the foundation by any
the total for line 7. On the dotted line to
organization has such mandatory
other person and the appreciated value of
the left of the line 7 entry space, write
directions in its governing instrument,
contributions held by the foundation.
“Tax Paid w/ O.R.” and the amount paid.
then the organization has not satisfied the
If you had an overpayment, write “O.R.
requirements of section 508(e) by the
The term “related person” includes any
Overpayment” and the amount credited or
operation of that legislation.
other person who would be a disqualified
refunded in brackets.
person because of a relationship with the
Line 8a. In the space provided list all
If you file more than one amended
substantial contributor (section 4946).
states:
return, attach a schedule listing the tax
When the substantial contributor is a
1. To which the organization reports in
due amounts that were paid and
corporation, the term also includes any
any way about its organization, assets, or
overpayment amounts that were credited
officer or director of the corporation. The
activities, and
or refunded. Write “See Attachment” on
term “substantial contributor” does not
2. With which the organization has
the dotted line and enter the net amount
include public charities (organizations
registered (or which it has otherwise
in the entry space for line 7.
described in section 509(a)(1), (2), or (3)).
notified in any manner) that it intends to
Line 11 — Public inspection
Part VII-A—Statements
be, or is, a charitable organization or that
requirements and website address. All
it is, or intends to be, a holder of property
Regarding Activities
domestic private foundations (including
devoted to a charitable purpose.
section 4947(a)(1) nonexempt charitable
Each question in this section must be
Attach a separate list if you need more
trusts treated as private foundations) are
answered “Yes,” “No,” or “N/A” (not
space.
subject to the public inspection
applicable).
requirements. See General Instruction Q
Line 9. If the organization claims status
Line 1. “Political purposes” include, but
for information on making the foundation’s
as a private operating foundation for 2004
are not limited to: directly or indirectly
annual returns and exemption application
and, in fact, meets the private operating
accepting contributions or making
available for public inspection.
foundation requirements for that year (as
payments to influence the selection,
reflected in Part XIV), any excess
Enter the foundation’s website address
nomination, election, or appointment of
distributions carryover from 2003 or prior
if the foundation has a website.
any individual to any federal, state, or
years may not be carried over to 2004 or
Otherwise, enter “N/A.”
local public office or office in a political
any year after 2004 even if it does not
organization, or the election of
Line 13 — Section 4947(a)(1) trusts.
meet the private operating foundation
presidential or vice presidential electors,
Section 4947(a)(1) nonexempt charitable
requirements. See the instructions for
whether or not the individual or electors
trusts that file Form 990-PF instead of
Part XIII.
are actually selected, nominated, elected,
Form 1041 must complete this line. The
or appointed.
Line 10 — Substantial contributors. If
trust should include exempt-interest
Line 3. A “conformed” copy of an
you answer “Yes,” attach a schedule
dividends received from a mutual fund or
organizational document is one that
listing the names and addresses of all
other regulated investment company as
-19-
Form 990-PF Instructions
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