Instructions For Schedule L (Form 990 Or 990-Ez) - Transactions With Interested Persons - 2008

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Department of the Treasury
Internal Revenue Service
Instructions for Schedule L
(Form 990 or 990-EZ)
Transactions With Interested Persons
State whether the transaction has been
Section references are to the Internal
corrected.
Revenue Code unless otherwise noted.
Specific Instructions
Excess benefit transaction. An excess
General Instructions
For Parts I, II, and III, report all
benefit transaction generally is a
transactions regardless of amount. Part
transaction in which an applicable
Note. Terms in bold are defined in the
IV instructions provide individual and
tax-exempt organization directly or
Glossary of the Instructions for Form 990.
aggregate reporting thresholds below
indirectly provides to or for the use of a
which reporting is not required with
Purpose of Schedule
disqualified person an economic benefit
respect to an interested person. Parts III
the value of which exceeds the value of
and IV contain separate reasonable
Schedule L (Form 990 or 990-EZ) is used
the consideration received by the
by an organization that files Form 990 or
effort instructions which organizations
organization for providing such benefit.
Form 990-EZ to provide information on
may rely on to satisfy reporting
Applicable tax-exempt organizations are
certain financial transactions or
requirements for those Parts.
generally limited to organizations which
arrangements between the organization
There is a separate definition of
(without regard to any excess benefit) are
and disqualified persons under section
interested person for each part of the
section 501(c)(3) public charities or
4958 or other interested persons.
schedule, so a person who is an
section 501(c)(4) organizations, or
Schedule L is also used to determine
interested person for one part may not be
organizations that had such status at any
whether a member of the organization’s
an interested person for other parts of the
time during the 5-year period ending on
governing body is an independent
schedule. Each reportable transaction is
the date of the excess benefit transaction.
member for purposes of Form 990, Part
to be reported in only one part of
Section 501(c)(3) and section
VI, line 1b.
Schedule L, as described below.
501(c)(4) organizations should refer to the
Supplemental information. Use
instructions for Form 990, Part IV, line 25
Part I. Excess Benefit
Schedule O (Form 990), Supplemental
(or Form 990-EZ, Part V, line 40b) before
Information to Form 990, if the
Transactions
completing Part I. For more information
organization needs additional space to
on excess benefit transactions, section
explain a transaction or to provide
(To be completed by section 501(c)(3)
4958, and special rules for donor advised
additional detailed information.
and (c)(4) organizations.)
funds and supporting organizations, see
Line 1. For each excess benefit
Appendix G and Pub. 557, Tax-Exempt
Who Must File
transaction involving an organization
Status for Your Organization.
The chart at the bottom of this page sets
described in section 501(c)(3) or
Line 2. Enter the amount of taxes
forth which organizations must complete
501(c)(4), regardless of amount:
imposed under section 4958 on
all or a part of Schedule L and must
Identify the disqualified person(s) that
organization managers or disqualified
attach Schedule L to Form 990 or Form
received an excess benefit in the
persons, whether or not assessed by the
990-EZ. If an organization is not required
transaction;
IRS, unless abated. Form 4720, Return of
to file Form 990 or Form 990-EZ but
Identify the organization manager(s), if
Certain Excise Taxes Under Chapters 41
chooses to do so, it must file a complete
any, that participated in the transaction,
and 42 of the Internal Revenue Code,
return and provide all of the information
knowing that it was an excess benefit
must be filed to report and pay the tax on
requested, including the required
transaction;
excess benefit transactions.
schedules.
Describe the transaction; and
Part II. Loans to and From
Type of filer
IF you answer “Yes” to . .
THEN you must file . . .
Interested Persons
Section 501(c)(3) or (4)
Form 990, Part IV, line 25a or
Schedule L, Part I.
organization
25b (regarding excess benefit
Report details on loans, including salary
transactions)
advances and other advances and
receivables (referred to collectively as
Section 501(c)(3) or (4)
Form 990-EZ, Part V, line 40b
Schedule L, Part I.
“loans”), as described in Form 990, Part
organization
(regarding excess benefit
IV, line 26 or Form 990-EZ, Part V, line
transactions)
38a. Report only loans between the
All organizations
Form 990, Part IV, line 26
Schedule L, Part II.
organization and interested persons that
(regarding loans)
are outstanding as of the end of the
organization’s tax year. Report each loan
All organizations
Form 990-EZ, Part V, line 38a
Schedule L, Part II.
separately and regardless of amount.
(regarding loans)
In addition to loans originally made
All organizations
Form 990, Part IV, line 27
Schedule L, Part III.
between the organization and an
(regarding grants)
interested person, report also loans
originally between the organization and a
All organizations
Form 990, Part IV, line 28a, 28b, Schedule L, Part IV.
or 28c (regarding business
third party or between an interested
transactions)
person and a third party that were
transferred so as to become a debt
Cat. No. 51522J

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