Instructions For Schedule C (Form 990 Or 990-Ez) 2008 Page 7

ADVERTISEMENT

multiplies 175% times its basic labor
Reduce the current year’s lobbying
Subtract dues, etc. (line 1) from
costs (excluding employee benefits) for all
expenditures, but not below zero, by
lobbying and political expenses (line 2c)
of the lobbying of its personnel and adds
costs previously allocated in a prior year
to determine the excess amount to be
its allocable third-party lobbying costs as
to lobbying activities that were cancelled
carried over to the following tax year and
follows:
after a return reporting those costs was
reported on Part III-B, line 2b (carryover
filed.
lobbying & political expenses), or its
Basic
Costs
equivalent, on the next year Form 990
Carry forward any amounts not used
lobbying
Allocable
allocable to
along with the amounts the organization
as a reduction to subsequent years.
labor costs
third-party
lobbying
agreed to carryover in line 4.
of A + B
costs
activities
Include on line 2b:
175% ×
Underreporting of lobbying expenses.
+ $100,000
=
$213,750
1. Lobbying and political expenditures
An organization is subject to the proxy tax
$65,000
carried over from the preceding tax year.
for the 2008 reporting year for
If Y Organization uses the alternative
2. An amount equal to the taxable
underreported lobbying and political
gross-up method to allocate its lobbying
lobbying and political expenditures
expenses only to the extent that these
costs, Y multiplies 225% times its basic
reported on line 85f for the preceding tax
expenses (if actually reported) would
labor costs (excluding employee benefits)
year, if the organization received a waiver
have resulted in a proxy tax liability for
for all of the lobbying hours of its lobbying
of the proxy tax imposed on that amount.
that year. A waiver of proxy tax for the tax
personnel and adds its third-party
year only applies to reported
lobbying costs as follows:
Line 3. Enter the total amount of dues,
expenditures.
assessments, and similar amounts
Basic
Costs
received, allocable to the 2008 reporting
An organization that underreports its
lobbying
Allocable
allocable to
year that members were notified were
lobbying and political expenses is also
labor costs
third-party
lobbying
nondeductible under section 162(e).
subject to the section 6652(c) daily
of A
costs
activities
penalty for filing an incomplete or
225% ×
Example.
+
$100,000
= $212,500
inaccurate return. See H. Failure To File
$50,000
Membership dues: $100,000 for the
Penalties, in the Instructions for Form
2008 reporting year,
Section 263A cost allocation method.
990.
Organization’s timely notices to
The examples that demonstrate this
members: 25% of membership dues
Examples. Organizations A, B, and C:
method are found in Regulations section
nondeductible, and
1. Reported on the calendar year
1.162-28(f).
Line 3 entry: $25,000.
basis,
Line 1. Enter the total dues,
Line 4. If the amount on line 2c exceeds
2. Incurred only grassroots lobbying
assessments, and similar amounts
the amount on line 3 and the organization
expenses (did not qualify for the under
allocable to the 2008 reporting year. Dues
sent dues notices to its members at the
$2,000 in-house lobbying exception (de
are the amounts the organization requires
time of assessment or payment of dues,
minimis rule)), and
a member to pay in order to be
include the amount on line 4 that the
3. Allocated dues to the tax year in
recognized as a member.
organization agrees to carryover to the
which they were received.
Payments that are similar to dues
reasonable estimate of nondeductible
include:
lobbying and political expenditure next
Organization A. Dues, assessments,
year and include the amount in Part III-B,
1. Members’ voluntary payments,
and similar amounts received in 2008
line 2b (carryover lobbying and political
2. Assessments to cover basic
were greater than its lobbying expenses
expenses), or its equivalent, on the 2009
operating costs, and
for 2008.
Schedule C (Form 990 or 990-EZ).
3. Special assessments to conduct
lobbying and political activities.
If the organization did not send notices
Workpapers (for 2008 Form 990) —
Organization A
to its members, enter zero on line 4.
Line 2. Include on line 2a the total
amount of expenses paid or incurred
Line 5. The taxable amount reportable
1. Total dues, assessments,
during the 2008 reporting year in
on line 5 is the amount of dues,
etc., received
$800
connection with:
assessments, and similar amounts
2. Lobbying expenses paid or
received:
1. Influencing legislation;
incurred
$600
2. Participating or intervening in any
1. Allocable to the 2008 reporting
3. Less: Total nondeductible
political campaign on behalf of (or in
amount of dues notices
100
100
year, and
opposition to) any candidate for any
4. Subtract line 3 from both
2. Attributable to lobbying and political
lines 1 and 2
$700 $500
public office;
expenditures that the organization did not
5. Taxable amount of lobbying
3. Attempting to influence any
timely notify its members were
expenses (smaller of the
segment of the general public with
nondeductible.
two amounts on line 4)
$500
respect to elections, legislative matters, or
referendums; or
Report the tax on Form 990-T.
4. Communicating directly with a
The amounts on lines 1, 2, 3, and
If the amount on line 1 (dues, etc.) is
covered executive branch official in an
TIP
5 of the workpapers were entered
greater than the amount on line 2c
attempt to influence the official actions or
on lines 1, 2c, 3, and 5 of the 2008
(lobbying & political expenses), then
positions of such official.
Schedule C (Form 990 or 990-EZ), Part
subtract dues shown in notices (line 3)
III-B.
and the carryover amount (line 4) from
Do not include:
the total lobbying and political expenses
Because dues, etc., received were
1. Any direct lobbying of any local
(line 2c) to determine the taxable lobbying
greater than lobbying expenses, there is
council or similar governing body with
and political expenses to be shown on
no carryover of excess lobbying expenses
respect to legislation of direct interest to
line 5.
to Part III-B, line 2b, 2008 Form 990.
the organization or its members;
2. In-house direct lobbying
If the amount on line 1 (dues, etc.) is
See the instructions for Part III-B, line
expenditures, if the total of such
less than the amount on line 2c (lobbying
5, for the treatment of the $500.
expenditures is $2,000 or less (excluding
& political expenses), then subtract dues
allocable overhead); or
shown in notices (line 3) and the
Organization B. Dues, assessments,
3. Political expenditures for which the
carryover amount (line 4) from dues, etc.
and similar amounts received in 2008
section 527(f) tax has been paid (on Form
(line 1) to determine the taxable lobbying
were less than lobbying expenses for
1120-POL).
& political expenses.
2008.
-7-

ADVERTISEMENT

00 votes

Related Articles

Related forms

Related Categories

Parent category: Legal
Go
Page of 8