Instructions For Form 990-Bl - Information And Initial Excise Tax Return For Black Lung Benefit Trusts And Certain Related Persons Page 2

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The IRS may make written demand that the delinquent return be filed
Before the organization provides the documents, it may require that
or the information furnished within a reasonable time after mailing of
the individual requesting copies of the documents pay the fee. If the
notice of the demand. The person failing to comply with the demand on
organization has provided an individual making a request with notice of
or before the date specified in the demand will have to pay $10 for each
the fee, and the individual does not pay the fee within 30 days, or if the
day the failure continues, unless there is reasonable cause. The
individual pays the fee by check and the check does not clear upon
maximum penalty imposed on all persons for failures with respect to any
deposit, the organization may disregard the request.
one return shall not exceed $5,000. If more than one person is liable for
Additional information. See Regulations sections 301.6104(d)-1
any failures, all such persons are jointly and severally liable with respect
through 301.6104(d)-3 for additional information on reasonable fees for
to such failures. See section 6652(c). All these amounts are subject to
providing copies, not filling requests for copies when material is widely
inflationary adjustments in later years. The figures will be updated in the
available, and other related information.
next release of the Instructions.
Exemption application. Any section 501(c)(21) organization that
submitted an application for recognition of exemption to the IRS after
To avoid having to explain an incomplete return, if a part or line item
July 15, 1987, must make available for public inspection a copy of its
does not apply, enter “N/A” (not applicable) or “-0-” if an amount is zero.
application (together with a copy of any papers submitted in support of
There are penalties for willful failure to file and for filing fraudulent
its application) and any letter or other document issued by the IRS in
returns and statements. (See sections 7203, 7206, and 7207.)
response to the application. As in the case of annual returns, the copy of
the application and related documents must be made available for
Large organization. A large organization is one that has gross receipts
inspection during regular business hours at the organization's principal
greater than $1,028,500 for the tax year.
office and at each of its regional or district offices having at least three
Public Inspection of Completed
employees.
Penalties for failure to comply with public inspection require-
990-BL Returns and Approved
ments. If a person does not comply with the requirement to permit
Exemption Applications
public inspection of annual returns, there is a penalty of $20 for each day
during which such failure continues, unless there is reasonable cause.
The maximum penalty imposed on all persons for failures that apply to
Through the IRS. Generally, the information reported on or with Form
any one return is $10,000.
990-BL, including most attachments, is available for public inspection
If a person does not comply with the public inspection of applications
(section 6104(b)). This applies both to information required by the form
requirement, there is a penalty of $20 a day for each day during which
and to information furnished voluntarily. Approved applications for
such failure continues, unless there is reasonable cause. There is no
exemption from federal income tax are also available for public
maximum penalty limitation (see section 6652(c)).
inspection.
Exception. Part IV of Form 990-BL, Statement With Respect to
Any person who willfully does not comply with the public inspection
Contributors, etc., and Schedule A (Form 990-BL) are not open to public
requirements for the annual return or application is subject to an
inspection.
additional penalty of $5,000 for each return or application (see section
6685).
The public inspection rules do not apply to Form 990-BL and the
attached Schedule A (Form 990-BL) filed by a trustee or disqualified
If more than one person is liable for any penalty, all such persons
person to report initial taxes on self-dealing or taxable expenditures. The
shall be jointly and severally liable for each failure.
public inspection rules also do not apply to the trustee or disqualified
person's SSN or EIN.
Specific Instructions
Use Form 4506-A, Request for Public Inspection or Copy of Exempt
or Political Organization IRS Form, to request a copy or to inspect an
Identification Area
exempt organization return through IRS. There is a fee for photocopying,
but not for inspection at an IRS office.
Period covered by the return. Enter the calendar year or fiscal year
Through the organization—Annual return. An organization must,
that corresponds to the accounting period being reported.
during the 3-year period beginning with the due date (including
Name and address. Enter the name and address of the trust.
extensions) of the Form 990-BL (or, if later, the date it is actually filed),
make its return available for public inspection. It must also provide
If the return and a Schedule A (Form 990-BL) are filed by a trustee or
copies of either all items that are available for public inspection or
disqualified person liable for tax under section 4951 or 4952, then enter
specifically identified items, if so requested. All parts of the return and all
that person's name and address below the name of the trust.
required schedules and attachments must be made available except
Include the suite, room, or other unit number after the street address.
Part IV of Form 990-BL and Schedule A (Form 990-BL) as discussed
If the Post Office does not deliver mail to the street address and the filer
above.
has a P.O. box, show the box number instead of the street address.
Inspection and requests for copies must be permitted during regular
Foreign address. Enter the information in the following order: city or
business hours at the organization's principal office and at each of its
town, state or province, and country. Follow the country's practice for
regional or district offices. This provision applies to any organization that
entering the postal code, if any. Do not abbreviate the country name.
files Form 990-BL, regardless of the size of the organization and whether
or not it has any paid employees. Also, copies must be provided the
“Return filed by.” Check only the box that applies to you.
same business day they are requested unless unusual circumstances
1. Check the “Trust” box when the return is filed by a black lung
exist. In the case of unusual circumstances, the copies must be provided
benefit trust as an information return, or tax return, or both.
by the next business day after the day the unusual circumstances cease
to exist, but in no event may the delay exceed five business days. See
2. Check the “Trustee” box when the return is filed by a trustee
Regulations section 301.6104(d)-1 for what constitutes unusual
because of liability for taxes under section 4951 or 4952, or both.
circumstances and the definition of regional and district offices.
3. Check the “Disqualified person” box when the return is filed by a
When a request for copies is made in writing, the copies must
disqualified person who is liable for section 4951 tax only.
generally be sent within 30 days of the date the request was received.
Taxpayer identification number. Enter the EIN of the black lung
Note. A black lung benefit trust does not have to comply with individual
benefit trust. If the return is being filed by a trustee or disqualified person,
requests for copies if it makes this information widely available. This can
also enter that person's SSN or EIN.
be done by posting the application for tax exemption and/or an annual
Each trust should have only one employer identification number. If
information return on a readily accessible World Wide Website.
the trust has more than one number and has not been advised which
However, an organization that makes its information available this way
one to use, you should notify the:
must advise requesters how the material may be accessed. See
Regulations section 301.6104(d)-2 for specific instructions.
Fee for copies. An organization may charge a reasonable fee for
providing copies.
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