Form 990 Schedule A Instructions Page 12

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supported organization was described
discretion over funds granted to an
supporting organization generally may
in section 509(a)(1) or (2) and why the
organization that isn't exempt under
also make grants or provide services or
supported organization doesn't have
section 501(c)(3). See Rev. Rul.
facilities to (1) individual members of the
such an IRS determination (for example,
68-489, 1968-2 C.B. 210. Also, a
charitable class benefited by its
because it has applied for but not yet
domestic charity generally must
supported organization(s) or (2) other
received such a determination, or it isn't
exercise control and discretion over
supporting organizations that also
required to obtain recognition of its
funds granted to a foreign organization.
support or benefit its supported
public charity status because it is a
See Rev. Rul. 63-252, 1963-2 C.B. 101,
organization(s). See Regulations
church, a State university, or described
and Rev. Rul. 66-79, 1966-1 C.B. 48.
section 1.509(a)-4(e). If the organization
in section 4948(b)).
made any grants or provided any
Explain in Part VI how the
benefits to any other organization or
organization retained such control and
Line 3a. A supporting organization may
individual, check “Yes” and provide
discretion despite being controlled or
support an organization described in
detail in Part VI.
supervised by or in connection with
section 501(c)(4), (5), or (6), if the
such foreign supported organization(s).
supported organization satisfies the
Lines 7 and 8. Under section
Also explain what controls the
public support tests applicable to a
4958(c)(3), any grant, loan,
organization used to ensure that all
section 509(a)(2) organization. See
compensation, or other similar payment
support to the foreign supported
Regulations section 1.509(a)-4(k) and
provided by a supporting organization to
organization(s) was used exclusively for
the instructions for Part III. If the
a substantial contributor (defined in
charitable, educational, etc., purposes
organization supports a section
section 4958(c)(3)(C)), to a family
described in section 170(c)(2)(B) if the
501(c)(4), (5), or (6) organization, check
member (defined in section 4958(f)(4)),
foreign supported organization doesn't
“Yes” for line 3a.
and to a 35% controlled entity of such
have an IRS determination under
persons, is considered a per se excess
Line 3b. If the organization confirmed
sections 501(c)(3) and 509(a)(1) or (2).
benefit in its entirety, regardless of the
that the supported organization qualified
fairness or reasonableness of the
Line 5. Supporting organizations may
under section 501(c)(4), (5), or (6) and
payment, and is subject to tax under
add, substitute, or remove supported
met the section 509(a)(2) public support
section 4958(a). The same is true of any
organizations only in certain limited
test for its most recent tax year, check
loan by a supporting organization to a
situations. See Regulations section
“Yes” and describe in Part VI how the
disqualified person under section
1.509(a)-4(d). Generally, a Type I or
organization made this determination.
4958 (other than loans to certain
Type II supporting organization may add
For example, the organization may ask
exempt organizations). If the
or substitute particular supported
its section 501(c)(4), (5), or (6)
organization made any such payment or
organizations within the class or classes
supported organization to furnish a copy
loan during the tax year, check “Yes”
designated in its articles, but may not
of its IRS determination letter and to
and report the transaction on
add or substitute supported
complete annually a pro forma
Schedule L (Form 990 or 990-EZ),
organizations outside of the designated
Schedule A, Part III, and keep the letter
Transactions With Interested Persons,
class(es). A Type III supporting
and support calculation in the
Part I. For more information on excess
organization, which must specify its
supporting organization’s files.
benefit transactions generally, see the
supported organizations by name, may
If the supporting organization doesn't
Instructions for Schedule L.
only substitute supported organizations
annually confirm that its supported
if such substitution is conditioned upon
Line 9. A supporting organization may
organization satisfies the section
the occurrence of an event which is
not be controlled by disqualified
509(a)(2) public support test, it must
beyond the control of the supporting
persons, as defined in section 4946.
explain in Part VI how it knows that the
organization (such as a supported
Section 509(a)(1) or (2) organizations,
supported organization would have
organization’s lapse into private
and foundation managers who are
been described in section 509(a)(2) if it
foundation status).
disqualified persons only as a result of
were described in section 501(c)(3)
being foundation managers, aren't
If the organization has added,
during the tax year.
treated as disqualified persons for this
substituted, or removed any supported
Line 3c. Support given to a supported
purpose. Impermissible control may be
organization during the tax year, check
section 501(c)(4), (5), or (6)
direct or indirect. If a disqualified person
“Yes” and provide detail in Part VI,
organization must be used solely for
holds any of the interests described in
including (i) the names and EINs of the
charitable purposes. If the supporting
lines 9b or 9c, or derives personal
organizations added, substituted, or
organization has put into place
benefit from any such assets, provide
removed; (ii) the reasons for each
measures to ensure that such support is
detail in Part VI.
addition, substitution, or removal; (iii)
used solely for charitable purposes,
the authority under the organization’s
Line 10. Under section 4943(f), a Type
check “Yes” and describe those
organizing document for each addition,
II supporting organization that accepts a
measures in Part VI. If not, check “No”
substitution, or removal; and (iv) an
contribution from a person who controls
and describe in Part VI how the
explanation of how the action was
the governing body of a supported
supporting organization ensured during
accomplished (such as by amendment
organization (or from a family member
the tax year that its assets were used
to the organizing document substituting
of such person, or from a 35%
solely for charitable purposes.
a new supported organization).
controlled entity of such person) is
Line 4a. A supporting organization
subject to the excess business holdings
Line 6. A supporting organization must
can't qualify for Type III status in the tax
tax under section 4943. All Type III
engage solely in activities that support
year if any supported organization
non-functionally integrated supporting
or benefit its supported organization(s).
wasn't organized in the United States.
organizations generally are also subject
In addition to making grants and
to the tax. For more information about
providing services and facilities directly
Lines 4b and 4c. A supporting
excess business holdings, see the
to its supported organization(s), a
organization must exercise control and
-12-
Instructions for Schedule A (Form 990 or 990-EZ)

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