Instructions For Schedule R (Form 990) - Related Organizations And Unrelated Partnerships - 2008 Page 2

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c. Ownership of more than 50% of the
organization included in another group
the disregarded entity, if it has one. A
profits or capital in a limited liability
exemption (but you need not include the
disregarded entity generally must use the
company (LLC) treated as a partnership
names of such related organizations).
EIN of its sole member. An exception
regardless of the designation under state
applies to employment taxes: for wages
law of the ownership interests as stock,
Even if a related organization is not
paid to employees of a disregarded entity
membership shares, or otherwise.
required to be listed in Part II, however,
on or after January 1, 2009, the
d. Being a managing partner or
the organization must report its
disregarded entity must file separate
managing member in a partnership or
transactions with the related organization
employment tax returns and use its own
LLC treated as a partnership which has
in Part V, as required by the Part V
EIN on such returns. See Regulations
three or fewer managing partners or
instructions (for example, transactions
sections 301.6109-1(h) and
managing members (regardless of which
over the applicable $50,000 reporting
301.7701-2(c)(2)(iv).
partner or member has the most actual
threshold for line 2), including listing the
Enter the details of each disregarded
control).
name of the related organization in Part
entity on a separate line of Part I. If there
e. Being a general partner in a limited
V, line 2, column (A), for transactions that
are more disregarded entities to report in
partnership which has three or fewer
must be reported in line 2.
Part I than space available, use Schedule
general partners (regardless of which
Indirect control. Control can be
R-1, Part I. Use as many Schedules R-1
partner has the most actual control).
indirect. For example, if the filing
as needed.
f. Being the sole member of a
organization controls Entity A, which in
(B) Primary activity. Briefly describe the
disregarded entity.
turn controls (under the definition of
primary activity of the disregarded entity.
g. Ownership of more than 50% of the
control above) Entity B, the organization
beneficial interests in a trust.
(C) Legal domicile. List the U.S. state
will be treated as controlling Entity B. To
(or U.S. possession) or foreign country
determine indirect control through
See Regulations sections 301.7701-2,
in which the disregarded entity is
constructive ownership of a corporation,
301.7701-3, and 301.7701-4, for more
organized (the state or foreign country
rules under section 318 apply. Similar
information on classification of
whose law governs the disregarded
principles apply for purposes of
corporations, partnerships, disregarded
entity’s internal affairs).
determining constructive ownership of
entities, and trusts.
another entity (a partnership or trust). If
(D) Total income. State the amount of
Group exemption. Central
an entity (X) controls an entity treated as
the filing organization’s total revenue
organizations and subordinate
a partnership by being one of three or
reported in Form 990, Part VIII, line 12,
organizations of a group exemption are
fewer partners or members, then an
column (A), attributable to the
not required to be listed as related
organization that controls X also controls
disregarded entity.
organizations in Schedule R, Part II. All
the partnership.
(E) End-of-year assets. State the
other related organizations of the
Example 1. B, an exempt
amount of the organization’s total assets
central organization or of a subordinate
organization, wholly owns (by voting
reported in Form 990, Part X, line 16,
organization are required to be listed in
power) C, a taxable corporation. C holds
column (B), attributable to the
Schedule R. The following rules apply.
a 51% profits interest in D, a partnership.
disregarded entity.
An organization that is a central or
Under the principles of section 318, B is
subordinate organization in a group
(F) Direct controlling entity. If the
deemed to own 51% of D (100% of C’s
exemption (whether filing an individual
organization controls the disregarded
51% interest in D)). Thus, B controls both
return or a group return) is not required to
entity indirectly through one or more
C and D, which are therefore both related
list any of the subordinate organizations
other disregarded entities, state the name
organizations with respect to B.
of the group in Schedule R, Part II.
of the entity that directly controls the
Example 2. X, an exempt
In the case of a group return, the
disregarded entity . Otherwise, state
organization, owns 80% (by value) of Y, a
central organization must attach a list of
“N/A.”
taxable corporation. Y holds a 60% profits
the subordinate organizations included in
interest as a limited partner of Z, a limited
Part II. Identification of
the group return in response to Form 990,
partnership. Under the principles of
page one, item H(b). The central
Related Tax-Exempt
section 318, X is deemed to own 48% of
organization must list in Schedule R the
Z (80% of Y’s 60% interest in Z). Thus, X
related organizations of each subordinate
Organizations
controls Y. X does not control Z through
organization other than (1) related
X’s ownership in Y. Y is a related
(A) Name, address, and EIN. State the
organizations that are included within the
organization with respect to X, and
related organization’s full legal name,
group exemption, or (2) related
(absent other facts) Z is not.
mailing address, and EIN.
organizations that the central organization
Example 3. Same facts as in
knows to be included in another group
Enter the details of each related
Example 2, except that Y is also one of
exemption. If an organization is not listed
organization on a separate line of Part II.
three general partners of Z. Because Y
because it is known to be included in
If there are more related organizations to
controls Z through means other than
another group exemption, the central
report in Part II than space available, use
ownership percentage, and X controls Y,
organization must explain in Schedule O
Schedule R-1, Part II. Use as many
in these circumstances, Z is a related
(Form 990), Supplemental Information to
Schedules R-1 as needed.
organization with respect to X. The other
Form 990, the relationship between its
(B) Primary activity. Briefly describe the
general partners of Z (if organizations)
own group and members and the related
primary activity of the related
are not related organizations with respect
organization known to be included in
organization.
to X, absent other facts.
another group exemption (but you need
not include the names of such related
(C) Legal domicile. List the U.S. state
organizations).
(or U.S. possession) or foreign country
An organization that is not included in a
in which the related organization is
Specific Instructions
group exemption is not required to list a
organized. For a corporation, enter the
related organization that is included in a
state of incorporation (country of
Part I. Identification of
group exemption. Similarly, an
incorporation for a foreign corporation
organization that is included in a group
formed outside the U.S.). For a trust or
Disregarded Entities
exemption is not required to list a related
other entity, enter the state whose law
organization that is included in another
(A) Name, address, and EIN. State the
governs the organization’s internal affairs
group exemption. In either case, the
full legal name and mailing address of the
(the foreign country whose law governs
organization must explain in Schedule O
disregarded entity. State also the
for a foreign organization other than a
the relationship between it and the related
employer identification number (EIN) of
corporation).
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