Instructions For Form 8940 - Request For Miscellaneous Determination Under Section 507, 509(A), 4940, 4942, 4945, And 6033 Of The Internal Revenue Code Page 8
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8the following information set forth in
condition to receiving the advance ruling,
Form 8940. The signature must be
Regulations section 1.507-2(b)(3).
you must use these forms to consent to
accompanied by the title or authority of the
extend the period of limitations to assess
signer and the date. Please clearly print
The name and address of the private
section 4940 tax, for any tax year within
the accompanying information.
foundation.
the advance ruling period, to 4 years after
A statement of its intention to terminate
Representation
filing the Form 990 or Form 990-PF annual
its private foundation status.
information return for the last tax year
The Code section under which it seeks
Attach a completed Form 2848 if you want
within the 60-month period.
classification (section 509(a)(1), (2), or (3).
to authorize a representative to represent
If section 509(a)(1) applies, the specific
you regarding Form 8940. An individual
Line 8i. Termination of private founda-
type of section 170(b)(1)(A) organization
authorized by Form 2848 may not sign
tion status under section 507(b)(1)
for which it seeks classification.
Form 8940 unless that person is also an
(B)—60-month period ended. Check
The date the organization’s regular tax
officer, director, trustee, or other official
this box if you if you have completed the
year begins.
who is authorized to sign the form.
60-month termination of foundation status
The date the 60-month termination
period.
period begins.
Paperwork Reduction Act Notice. We
Regulations sections 1.507-2(b)(4) and
ask for the information on this form to carry
There is no user fee for merely
(c) require an organization, which is
out the Internal Revenue laws of the
providing notice of intent to terminate. If a
terminating its private foundation status, to
United States. You are required to give us
private foundation obtains an advance
notify the IRS that it has met the
the information. We need it to ensure that
ruling that it can be expected to satisfy the
requirements of a public charity within 90
you are complying with these laws and to
requirements of section 507(b)(1)(B)(i)
days after the end of the 60-month period.
allow us to figure and collect the right
during the 60-month period, then
Information to be provided at the
amount of tax.
contributors may rely on such ruling as set
conclusion of the 60-month period must
forth in Regulations section 1.507-2(d)(3),
include the following.
You are not required to provide the
and there will be no penalty under section
A complete description of the
information requested on a form that is
6651 for failure to pay section 4940 tax
organization’s current operations pertinent
subject to the Paperwork Reduction Act
during the 60-month period if the
to the public charity status, as well as any
unless the form displays a valid OMB
organization fails to terminate its private
changes during the 60-month period.
control number. Books or records relating
foundation status. The organization
Copies of the organization’s governing
to a form or its instructions must be
cannot otherwise rely on the advance
instruments, bylaws, and amendments
retained as long as their contents may
ruling during the 60-month period or
during the 60-month period (if section
become material in the administration of
thereafter. Information regarding the user
170(b)(1)(A)(iii) medical research
any Internal Revenue law. Generally, tax
fee for the advance ruling can be found in
organization, section 170(b)(1)(A)(iv)
returns and return information are
Rev. Proc. 2017-5, 2017-1 I.R.B. 230,
organization, or section 509(a)(3)
confidential, as required by section 6103.
available at
IRS.gov/irb/2017-01_IRB/
organization).
The time needed to complete and file
ar11.html
(updated annually).
For public charity status under sections
this form will vary depending on individual
509(a)(1) and 170(b)(1)(A)(vi) or section
An organization that requests an
circumstances. The estimated average
509(a)(2), Schedule A (Form 990 or
advance ruling must provide the
time is:
990-EZ), Part II or III (as applicable), for
information itemized above for a notice of
the 60-month period.
intent, plus the following additional
Recordkeeping
4 hr., 46 min.
. . . . . . . .
information.
An organization that intends to
Learning about the law or
A statement that the organization is
terminate its private foundation status as a
the form
4 hr., 22 min.
requesting an advance ruling.
. . . . . . . . . . . . .
section 509(a)(3) supporting organization
Descriptions of the organization's past,
at the conclusion of the 60-month period
Preparing the form
4 hr., 38 min.
. . . . .
current, and proposed activities, and how
should also include the following.
it intends to attract public support.
A copy of Schedule A of the
Proposed budgets during the 60-month
organization's most recently filed Form
If you have comments concerning the
termination period.
990.
accuracy of these time estimates or
If sections 509(a)(1) and 170(b)(1)(A)
Details of the relationship between the
suggestions for making this form simpler,
(i), (ii), or (iii) apply, the appropriate
organization and the supported
we would be happy to hear from you. You
schedule of Form 1023.
organizations during the 60-month period.
can send us comments from
IRS.gov/
If sections 509(a)(1) and 170(b)(1)(A)
All pertinent information to establish
FormComment. Or you can send your
(iv) or (vi) apply, Schedule A (Form 990 or
that the organization did not violate the
comments to the Internal Revenue
990-EZ), Part II.
control requirements described in section
Service, Tax Forms and Publications
If section 509(a)(2) applies, Schedule A
509(a)(3)(C) during the 60-month period,
Division, 1111 Constitution Ave. NW,
(Form 990 or 990-EZ), Part III.
such as details of any changes in its
IR-6526, Washington, DC 20224. Do not
If section 509(a)(3) applies, see
foundation managers (as defined in
send the tax form to this address. Instead,
instructions for line 8g, request for
section 4946(b)(1)) during the 60-month
see Where To File.
reclassification as a supporting
period.
organization described in section 509(a)
Signature Requirements
(3).
Form 872 or Form 872-B (see the
An officer, director, trustee, or other official
instructions for those forms). As a
who is authorized to sign for you must sign
Instructions for Form 8940 (2018)
-8-
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