Instructions For Schedule L (Form 990 Or 990-Ez) - Transactions With Interested Persons - 2012 Page 3

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immediate needs of the organization, such
confidentiality of the substantial
Example. A substantial contributor to
as payment of compensation (including
contributor.
the organization states that he would like
taxable and nontaxable fringe benefits
Mr. X and Ms. Y to be beneficiaries of a
Column (b). Describe the relationship
treated as compensation) to an employee
grant. The organization inquires of the
between the interested person that
or independent contractor in exchange
substantial contributor whether Mr. X or
benefitted from the grant or assistance
for services of comparable value. Some
Ms. Y are interested persons with respect
and the organization, such as “spouse of
business transactions may be reportable
to the organization because of a family or
Director John Smith.” If “substantial
on Schedule L, Part IV.
business relationship they have with the
contributor” was entered in column (a),
Compensation to a person listed in
substantial contributor (using the pertinent
enter “substantial contributor” here as well.
instructions and definitions), and the
Form 990, Part VII, Section A (including
If “related to substantial contributor” was
substantial contributor replies in writing
taxable and nontaxable fringe benefits
entered in column (a), then describe the
that they are not. Whether they actually
treated as compensation).
relationship without referring to specific
are interested persons or not, the
Grants to employees (and their
names, for example: “child of employee of
organization has made a reasonable effort
children) of a substantial contributor or
35% controlled entity of substantial
in this situation.
35% controlled entity of a substantial
contributor.”
contributor, awarded on an objective and
Schools. Colleges, universities, and
If an interested person has interested
nondiscriminatory basis based on
primary and secondary schools are not
person status other than by being a
pre-established criteria and reviewed by a
required to identify interested persons to
substantial contributor or related to a
selection committee, as described in
whom they provided scholarships,
substantial contributor, then make no
Regulations section 53.4945-4(b).
fellowships, and similar financial
reference to the substantial contributor
Grants or assistance provided to an
assistance. Instead, these organizations
status. For example, if grantee Jane Smith
interested person as a member of the
must, in Part III, group each type of
is both a substantial contributor and the
charitable class or other class (such as a
financial assistance (for example,
spouse of Director John Smith, then she
member of a section 501(c)(5), 501(c)(6),
need-based scholarships, merit
must be listed by name in column (a), and
or 501(c)(7) organization) that the
scholarships, discounted tuition) provided
column (b) must state “spouse of Director
organization intends to benefit in
to interested persons in separate lines.
John Smith” or words to similar effect.
furtherance of its exempt purpose, if
For each line, the school should report in
provided on similar terms as provided to
Column (c). Enter the total dollar amount
column (c) the aggregate dollar amount of
other members of the class, such as
of grants and other assistance provided to
each type of assistance, the type of
short-term disaster relief, poverty relief, or
the interested person during the
assistance in column (d), and the purpose
trauma counseling. However, grants for
organization's tax year.
of the assistance in column (e), unless
travel, study (such as scholarships or
such reporting would be an unauthorized
Column (d). Describe the type of
fellowships), or other similar purposes
disclosure of student education records
assistance provided to the interested
(such as to achieve a specific objective,
under the Family Educational Rights and
person.
produce a report or other similar product,
Privacy Act (FERPA). Columns (a) and (b)
or improve or enhance a literary, artistic,
Column (e). Describe the organization's
should be left blank for these lines.
musical, scientific, teaching, or other
purpose in providing assistance to the
similar capacity, skill, or talent of the
Part IV. Business
interested person.
grantee) like those described in section
Transactions Involving
Reasonable effort. The organization is
4945(d)(3) are not excluded from
not required to provide information about a
Interested Persons
reporting under this exception.
grant or assistance to an interested
But see Schools, later, for instructions on
Report in Part IV business transactions for
person if it is unable to secure the
how to report grants, scholarships, and
which payments were made during the
information regarding interested person
other assistance from colleges,
organization's tax year between the
status after making a reasonable effort to
universities, primary, and secondary
organization and an interested person, if
obtain it. An example of a reasonable
schools. Grants that are awards
such payments exceeded the reporting
effort for Part III is for the organization to
recognizing past achievements also are
thresholds described below, and
distribute a questionnaire annually to each
not excluded from reporting under this
regardless of when the transaction was
current or former officer, director,
exception. Grants for travel, study, or
entered into by the parties. The “ordinary
trustee, and key employee listed in Form
similar purposes do not include such
course of business” exception to reporting
990, Part VII, Section A, and each
purposes as short-term disaster relief,
business relationships on Form 990, Part
member of a grant selection committee,
poverty relief, or trauma counseling.
VI, line 2, does not apply for purposes of
that includes the name and title of each
Grants or assistance to a section 501(c)
Schedule L.
person reporting information, blank lines
(3) organization.
for the person’s signature and signature
In general, an organization must report
Column (a). Enter the name of the
date, and the pertinent instructions and
business transactions in Part IV with an
interested person that benefitted from the
definitions for Schedule L, Part III. The
interested person if: (1) all payments
grant or assistance. If the person has
organization is not expected to distribute
during the tax year between the
status as an interested person only
such a questionnaire to a substantial
organization and the interested person
because the person is a substantial
contributor or a related person to a
exceeded $100,000; (2) all payments
contributor, a family member of a
substantial contributor, except (1) where
during the tax year from a single
substantial contributor, a 35% controlled
the substantial contributor or related
transaction between such parties
entity of a substantial contributor, or an
person advises the organization as to the
exceeded the greater of $10,000 or 1% of
employee of a substantial contributor or
specific recipients of grants or assistance,
the filing organization's total revenue for
35% controlled entity of a substantial
or (2) with respect to programs of the
the tax year; (3) compensation payments
contributor, then enter the term
organization intended primarily to benefit
during the tax year by the organization to a
“substantial contributor” or “related to
employees (or their children) of the
family member of a current or former
substantial contributor” (as the case may
substantial contributor or their 35%
officer, director, trustee, or key employee
be) instead of the interested person's
controlled entities.
of the organization listed in Form 990, Part
name, in order to protect the
VII, Section A exceeded $10,000; or (4) in
-3-

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