Looking for a Irs Forms And Templates? Download it for free!

Column (c). Include all forms of deferred compensation (whether or not

Section A (Section 4951). Enter the information required in columns

funded and whether or not the deferred compensation plan is a qualified

(b) through (f). Enter “N/A” in columns (g) and (h).

plan under section 401(a)) and payments to welfare benefit plans on

Section B (Section 4952). Enter the information required in columns

behalf of the officers, etc.

(b) through (g). Enter “N/A” in column (h).

Column (d). Enter expense allowances or reimbursements that the

When filer is a self-dealer, Section A only. A self-dealer liable for

recipients must report as income on their separate income tax returns.

initial taxes under section 4951 completes this schedule by entering the

Examples include amounts for which the recipient did not account to the

information required by columns (b) through (g) of Section A, Part I.

organization or allowances that were more than the payee spent on

Enter “N/A” in column (h). Enter only the “prorated” portion of column (g)

serving the organization. Include payments made under indemnification

on line 1 of Part II.

arrangements, the value of the personal use of housing, automobiles, or

other assets owned or leased by the organization (or provided for the

When filer is a trustee, Sections A and B. A trustee liable for initial

organization's use without charge), as well as any other taxable and

taxes under sections 4951 and 4952 completes this schedule by

nontaxable fringe benefits. Get Pub. 525, Taxable and Nontaxable

entering the required information in columns (b) through (h) (other than

Income, for details.

(g)) of Section A and/or Section B, Part I. For Section A, enter the

“prorated” portion of column (h) on line 2 of Part II. For Section B, enter

Column (e). Enter salary, fees, bonuses, and severance payments

the “prorated” portion of column (h) on line 4 of Part II.

received by each person listed.

Black lung benefit trusts that pay salaries, wages, or other

Part I—Initial Taxes on Self-dealing and Taxable

compensation to officers or other employees are generally liable for filing

Expenditures

Form 941, Employer's Quarterly Federal Tax Return, and Form 940,

Employer's Annual Federal Unemployment (FUTA) Tax Return, to report

Disqualified persons and trustees who participate in acts of self-dealing

social security, withholding, and federal unemployment taxes.

with a section 501(c)(21) trust and who have tax years different from the

trust should use their own tax years to figure the initial tax and file the

Part IV—Statement With Respect to

return.

Contributors, etc.

Initial Section 4951 taxes on self-dealer. An initial tax of 10% of the

amount involved is imposed for each act of self-dealing between a

Note. This part is not open for public inspection.

disqualified person and a section 501(c)(21) trust, for each year (or part

of a year) in the taxable period. The tax is paid by any disqualified

Line 1. List the names and addresses of all persons whose

person (other than a trustee acting only as such) who participated in the

contributions during the tax year totaled $5,000 or more.

act of self-dealing.

In determining whether a person has contributed $5,000 or more,

Initial Section 4951 taxes on trustee. When a tax is imposed on an

include only contributions of $1,000 or more from such person. Separate

act of self-dealing, any trustee who knowingly participated in such an act

and independent contributions need not be included if less than $1,000.

must pay a tax of 2

% of the amount involved in the act of self-dealing

1 2

If a contribution is in the form of property and the fair market value is

for each year (or part of a year) in the taxable period unless participation

readily ascertainable, the description and fair market value must be

in the act was not willful and was due to reasonable cause.

submitted. If the fair market value of the property is not readily

ascertainable, you may submit an estimated value.

Initial Section 4952 taxes on trust. An initial tax of 10% of the amount

The term “person” includes individuals, fiduciaries, partnerships,

of the expenditure is imposed on each taxable expenditure from the

corporations, associations, trusts, and exempt organizations.

assets of a section 501(c)(21) trust. The tax is paid by the trustee out of

the assets of the trust.

Line 2. If the trust receives contributions that are more than what the

contributor can deduct under section 192, the person making the excess

Initial Section 4952 taxes on trustee. When a tax is imposed on the

contributions may be required to file Form 6069, Return of Excise Tax on

trust for a taxable expenditure, any trustee who knowingly agreed to the

Excess Contributions to Black Lung Benefit Trust Under Section 4953

expenditure must pay a tax of 2

1 2

% of the amount of the taxable

and Computation of Section 192 Deduction, and pay the tax imposed by

expenditure unless such agreement was not willful and was due to

section 4953(a).

reasonable cause.

Liability for tax. A person's liability for tax as a self-dealer or trustee

Instructions for Schedule A (Form

under sections 4951 and 4952 is joint and several. Therefore, if more

than one person is liable for tax on an act of self-dealing as a self-dealer

990-BL)

or trustee, they may prorate the tax among themselves. The IRS may

assess a deficiency against one or more self-dealers or trustees liable

for the tax under section 4951 or 4952, regardless of the apportionment

Initial Excise Taxes on Black Lung Benefit

of tax shown on the return, if the amount paid by all those who are liable

Trusts and Certain Related Persons

for a particular transaction, is less than the total tax due for that

transaction.

General Instructions

Part II—Summary of Taxes

Schedule A (Form 990-BL) is not open for public inspection. If you attach

any exhibits to Schedule A (Form 990-BL), be sure to label them and

Generally, no more than three lines in Part II will be completed on any

write “Not open for public inspection” on them.

return. However, when a trustee is liable for section 4951 initial taxes,

both as a trustee and as a self-dealer, and is also liable for section 4952

Purpose of form. Use Schedule A (Form 990-BL) only to report initial

initial taxes because of taxable expenditure involvement, enter the

taxes under section 4951 or 4952. Schedule A (Form 990-BL) must be

section 4951 taxes on lines 1 and 2 and enter the section 4952 tax on

attached to a completed Form 990-BL. It cannot be filed separately. If no

line 4, with a total of the tax due on line 5. Pay in full with the return.

taxes are due under section 4951 or 4952, do not file Schedule A (Form

Make the check or money order payable to the “United States Treasury”.

990-BL).

In all other instances, follow “Specific Instructions” given above.

Specific Instructions

The payment of section 4951 tax for the tax year will not necessarily

satisfy the entire initial tax liability for an act of self-dealing. A self-dealer

See Who Must File in the “General Instructions” and the “Specific

who is liable for tax under section 4951 must file Form 990-BL,

Instructions” of Form 990-BL for completing the identification area of this

Schedule A (Form 990-BL), and must pay the tax for each year (or part

schedule.

of a year) in the “taxable period.”

When filer is a trust. A trust filing this schedule for a year in which

there are initial taxes due under section 4951 or 4952 completes Part I

as follows:

-5-

Instructions For Form 990-Bl - Information And Initial Excise Tax Return For Black Lung Benefit Trusts And Certain Related Persons Page 5

Related Articles

Related forms

Related Categories