Form 990 Schedule A Instructions Page 13

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Instructions for Form 4720, Return of
participate in the control relationship
doesn't qualify as a Type III supporting
Certain Excise Taxes Under Chapters
described in line 1, but only if such
organization for the tax year in which it
41 and 42 of the Internal Revenue
activity carries out the purposes of the
fails to timely submit.
Code.
controlling supported organizations.
State whether during the tax year
being reported the organization
Section C. Type II Supporting
Line 11. Section 509(f)(2) prohibits
provided a timely notice with the
Type I and Type III supporting
Organizations
required information in the required
organizations from accepting a gift or
manner.
Line 1. A Type II supporting
contribution from certain persons
organization must be supervised or
associated with a supported
Lines 2 and 3. A Type III supporting
controlled in connection with its
organization of such supporting
organization must be responsive to the
supported organization(s). This means
organization. Specifically, if a Type I or
needs or demands of a supported
that there must be common supervision
Type III supporting organization accepts
organization. An organization meets this
or control by the persons supervising or
a contribution after August 16, 2006,
responsiveness test with regard to a
controlling both the supporting
from a person who controls the
particular supported organization if:
organization and the supported
governing body of a supported
1. The supported organization has
organization(s) to ensure that the
organization (or from a family member
an adequate relationship with the
supporting organization will be
of such person, or from a 35%
supporting organization because:
responsive to the needs and
controlled entity of such persons),
a. The supported organization
requirements of the supported
then the supporting organization loses
regularly appoints or elects (whether
organization(s). This relationship is
its status as a supporting organization.
or not during the tax year) at least
most clearly established when the same
Such supporting organization must file
one officer, director, or trustee of the
persons serve as all or a majority of the
Form 990-PF unless it qualifies as a
supporting organization;
directors or trustees of all of the
public charity under section 509(a)(1) or
b. At least one member of the
organizations involved. However, there
(2).
governing body of the supported
may be other ways to establish this
Section B. Type I Supporting
organization also serves as an
relationship. If the organization relies on
Organizations
other than overlap of at least a majority
officer, director, or trustee of the
of directors or trustees of all
supporting organization; or
Line 1. A Type I supporting
organizations involved, check “No” and
c. The officers, directors, or trustees
organization must be operated,
describe in Part VI how the necessary
of the supporting organization and
supervised, or controlled by one or
relationship is established.
of the supported organization
more of its supported organizations (the
maintain a close and continuous
Section D. All Type III
“controlling supported organizations”).
working relationship; and
This means that the controlling
Supporting Organizations
2. Because of this relationship, the
supported organizations must have a
supported organization has a significant
Line 1. A Type III supporting
substantial degree of direction over the
voice in the supporting organization’s
organization must supply annually a
policies, programs, and activities of the
investment policies, timing of grants,
written notice, addressed to a principal
supporting organization, and the
manner of making grants, selection of
officer of each supported organization,
supporting organization in turn must be
grant recipients, and other use of
which includes the following.
responsive to the needs or demands of
income or assets (the “significant voice”
the controlling supported organizations,
1. A description of the type and
test).
and must constitute an integral part of,
amount of all support the supporting
or maintain a significant involvement in,
organization provided to the supported
In the case of a supporting
the operations of the controlling
organization during the supporting
organization that supported a supported
supported organizations. This
organization’s tax year preceding the
organization before November 20,
relationship is most clearly established
tax year in which the notice is provided.
1970, additional facts and
when one or more supported
circumstances such as a historic and
2. A copy of the supporting
organizations (through their officers,
continuing relationship between the
organization’s most recently filed Form
directors, trustees, or membership)
organizations may also be taken into
990 (the supporting organization may
have the unconditional power to remove
account in considering the
redact the names and addresses of
and replace at least a majority of the
responsiveness test.
contributors).
supporting organization’s directors or
If the organization had an adequate
3. A copy of the supporting
trustees at any time. The relationship is
relationship with at least one supported
organization’s updated governing
also commonly established when one or
organization only by means of a “close
documents (including articles of
more supported organizations have the
and continuous working relationship” or
organization, bylaws, and any
power to appoint or elect at least a
a “historic and continuing relationship,”
amendments), to the extent not
majority of the supporting organization’s
then in Part VI explain the relationship
previously provided.
directors or trustees at regular intervals.
and how it was maintained. Also, all
However, there may be other ways to
See Regulations section
Type III supporting organizations that
establish this relationship. If the
1.509(a)-4(i)(2). The notice must be
claim to meet the significant voice test
organization relies on other ways to
submitted by the last day of the fifth
must describe in Part VI the voice or role
establish the relationship, check “No”
month of the supporting organization's
of the supported organization(s) in
and describe in Part VI how the
tax year being reported (May 31 for
directing the supporting organization’s
necessary relationship is established.
calendar-year filers). An organization
use of its income or assets.
that doesn't timely submit the required
Line 2. The supporting organization
information in the required manner
may benefit organizations that don't
Instructions for Schedule A (Form 990 or 990-EZ)
-13-

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