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 5
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30Time for filing may differ. The time for
In general, to change its accounting
“Amended Return” box in G at the top of
filing Form 990-PF with the IRS may differ
period the organization must file Form
the return. See the instructions for line 9
from the time for filing state reports.
990-PF by the due date for the short
of Part VI on page 19.
period resulting from the change. At the
If the organization files an amended
G. Furnishing Copies of
top of this short period return, write
return to claim a refund of tax paid under
“Change of Accounting Period.”
section 4940 or 4948, it must file the
Form 990-PF to State
amended return within 3 years after the
If the organization changed its
Officials
accounting period within the
date the original return was filed, or within
10-calendar-year period that includes the
2 years from the date the tax was paid,
The foundation managers must furnish a
whichever date is later.
beginning of the short period, and it had a
copy of the annual return Form 990-PF
Form 990-PF filing requirement at any
State reporting requirements. See
(and Form 4720 (if applicable)) to the
time during that 10-year period, it must
Amended returns under General
attorney general of:
•
also attach a Form 1128 to the
Instruction F.
Each state required to be listed in Part
short-period return. See Rev. Proc. 85-58,
VII-A, line 8a,
Need a copy of an old return or form?
•
1985-2 C.B. 740.
The state in which the foundation’s
Use Form 4506-A to obtain a copy of a
principal office is located, and
previously filed return. You can obtain
I. Accounting Methods
•
The state in which the foundation was
blank forms for prior years by calling
Generally, you should report the financial
incorporated or created.
1-800-TAX-FORM (1-800-829-3676).
information requested on the basis of the
A copy of the annual return must be
M. Penalty for Failure To
accounting method the foundation
sent to the attorney general at the same
regularly uses to keep its books and
File Timely, Completely, or
time the annual return is filed with the
records.
IRS.
Correctly
Exception. Complete Part I, column (d)
Other requirements. If the attorney
on the cash receipts and disbursements
To avoid filing an incomplete return or
general or other appropriate state official
method of accounting.
having to respond to requests for missing
of any state requests a copy of the annual
information, see General Instruction B.
return, the foundation managers must
J. When and Where To File
Against the organization. If an
give them a copy of the annual return.
organization does not file timely and
Exceptions. These rules do not apply to
This return must be filed by the 15th day
completely, or does not furnish the correct
any foreign foundation which, from the
of the 5th month following the close of the
information, it must pay $20 for each day
date of its creation, has received at least
foundation’s accounting period. If the
the failure continues ($100 a day if it is a
85% of its support (excluding gross
regular due date falls on a Saturday,
large organization), unless it can show
investment income) from sources outside
Sunday, or legal holiday, file by the next
that the failure was due to reasonable
the United States. (See General
business day. If the return is filed late,
cause. Those filing late (after the due
Instruction S for other exceptions that
see General Instruction M.
date, including extensions) must attach
affect this type of organization.)
an explanation to the return. The
In case of a complete liquidation,
maximum penalty for each return will not
dissolution, or termination, file the return
Coordination with state reporting
exceed the smaller of $10,000 ($50,000
by the 15th day of the 5th month following
requirements. If the foundation
for a large organization) or 5% of the
complete liquidation, dissolution, or
managers submit a copy of Form 990-PF
gross receipts of the organization for the
termination.
and Form 4720 (if applicable) to a state
year.
attorney general to satisfy a state
To file the return, mail or deliver it to:
reporting requirement, they do not have to
Large organization. A large
furnish a second copy to that attorney
organization is one that has gross
Internal Revenue Service Center
general to comply with the Internal
receipts exceeding $1 million for the tax
Ogden, UT 84201-0027
Revenue Code requirements discussed in
year.
this section.
K. Extension of Time To
Gross receipts. Gross receipts
means the gross amount received during
If there is a state reporting requirement
File
the foundation’s annual accounting period
to file a copy of Form 990-PF with a state
A foundation uses Form 8868 to request
from all sources without reduction for any
official other than the attorney general
an extension of time to file its return.
costs or expenses.
(such as the secretary of state), then the
An automatic 3-month extension will
foundation managers must also send a
To figure the foundation’s gross
be granted if you properly complete this
copy of the Form 990-PF and Form 4720
receipts, start with Part I, line 12, column
form, file it, and pay any balance due by
(if applicable) to the attorney general of
(a), then add to it lines 6b and 10b, then
the due date for Form 990-PF.
that state.
subtract line 6a from that amount.
If more time is needed, Form 8868 is
Against the responsible person. The
H. Accounting Period
also used to request an additional
IRS will make written demand that the
•
extension of up to 3 months. However,
delinquent return be filed or the
File the 2004 return for the calendar
these extensions are not automatically
information furnished within a reasonable
year 2004 or fiscal year beginning in
granted. To obtain this additional
time after the mailing of the notice of the
2004. If the return is for a fiscal year, fill in
extension of time to file, you must show
demand. The person failing to comply
the tax year space at the top of the return.
•
reasonable cause for the additional time
with the demand on or before the date
The return must be filed on the basis of
requested.
specified will have to pay $10 for each
the established annual accounting period
day the failure continues, unless there is
of the organization. If the organization has
L. Amended Return
reasonable cause. The maximum penalty
no established accounting period, the
imposed on all persons for any one return
return should be on the calendar-year
To change the organization’s return for
is $5,000. If more than one person is
basis.
any year, file an amended return,
•
liable for any failures, all such persons
For initial or final returns or a change in
including attachments, with the correct
are jointly and severally liable for such
accounting period, the 2004 form may
information. The amended return must
failures (see section 6652(c)).
also be used as the return for a short
provide all the information required by the
period (less than 12 months) ending
form and instructions, not just the new or
Other penalties. Because this return
November 30, 2005, or earlier.
corrected information. Check the
also satisfies the filing requirements of a
-5-
Form 990-PF Instructions
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