Instructions for Form 990-T |
2006 Tax Year |
This is archived information that pertains only to the 2006 Tax Year. If you are looking for information for the current tax year, go to the Tax Prep Help Area.
File the 2006 return for calendar year 2006 or a fiscal year beginning in 2006 and ending 2007. For a fiscal year, fill in
the tax year information
at the top of the form.
The 2006 Form 990-T may also be used if:
-
The organization has a tax year of less than 12 months that begins and ends in 2007, and
-
The 2007 Form 990-T is not available at the time the organization is required to file its return. The organization must show
its 2007 tax
year on the 2006 Form 990-T and take into account any tax law changes that are effective for tax years beginning after December
31, 2006.
The name and address on Form 990-T should be the same as the name and address shown on other Forms 990. If you received a
mailing label and any
information is incorrect or missing, cross out any errors, print the correct information, and add any missing information.
Include the suite, room, or other unit number after the street address. If the post office does not deliver mail to the street
address and the
organization has a P.O. box, show the box number instead of the street address.
If the organization receives its mail in care of a third party (such as an accountant or an attorney), enter on the street
address line “C/O”
followed by the third party's name and street address or P.O. box.
Change of name. If the organization has changed its name, it must check the box next to “Name of organization” and also provide the
following when filing this return, if it is:
-
A corporation or is incorporated with the state, an amendment to the articles of incorporation along with proof of filing
with the state is
required.
-
A trust, an amendment to the trust agreement is required along with the trustee(s) signature.
-
An association or an unincorporated association, an amendment to the articles of association, constitution, by-laws or other
organizing
document is required along with signatures of at least two officers/members.
Block A.
If the organization has changed its address since it last filed a return, check Block A.
If a change in address occurs after the return is filed, use Form 8822, Change of Address , to notify the IRS of the new address.
Block B.
Check the box under which the organization receives its tax exemption.
Qualified pension, profit-sharing, and stock bonus plans should check the 501 box and enter “ a” between the first set of parentheses.
For other organizations exempt under section 501, check the box for 501 and enter the section that describes their
tax exempt status, for example,
501(c)(3).
For tax exempts that do not receive their exemption under section 501, use the following guide.
If you are a |
Then check this box |
IRA, SEP, or SIMPLE
|
408(e)
|
Roth IRA
|
408A
|
Archer MSA
|
220(e)
|
Coverdell ESA
|
530(a)
|
Qualified State Tuition Program
|
529(a)
|
Block C.
Enter the total of the end-of-year assets from the organization's books of account.
Block D.
An employees' trust described in section 401(a) and exempt under section 501(a) should enter its own trust identification
number in this block.
An IRA trust enters its own EIN in this block. An IRA trust never uses a social security number or the trustee's EIN.
An EIN may be applied for:
-
Online—Click on the Employer ID Numbers (EINs) link at
www.irs.gov/businesses/small. The EIN is issued immediately once the
application information is validated.
-
By telephone at 1-800-829-4933.
-
By mailing or faxing Form SS-4, Application for Employer Identification Number.
If the organization has not received its EIN by the time the return is due, write “ Applied for” in the space for the EIN. For more details,
see Pub. 583, Starting a Business and Keeping Records.
Note.
The online application process is not yet available for organizations with addresses in foreign countries or Puerto Rico.
Block E.
Enter the applicable unrelated business activity code(s) that specifically describes the organization's unrelated
business activity. If a specific
activity code does not accurately describe the organization's activities, then choose a general code that best describes its
activity. These codes are
listed on
page 24.
Block F.
If the organization is covered by a group exemption, enter the group exemption number.
Block G.
Check the box that describes your organization.
“ Other trust” includes IRAs, SEPs, SIMPLEs, Roth IRAs, Coverdell IRAs, and Archer MSAs.
Section 529 organizations check the 501(c) corporation or 501(c) trust box depending on whether the organization is
a corporation or a trust. Also,
be sure the box for 529(a) in Block B is checked.
If you check “ 501(c) corporation,” leave line 36 blank. If you check “ 501(c) trust,” “ 401(a) trust,” or “ Other trust” leave
lines 35a, b, and c blank.
Block H.
Describe the primary unrelated business activity of your organization based on unrelated income. Attach a schedule
if more space is needed.
Block I.
Check the “ Yes” box if your organization is a corporation and either 1 or 2 below applies:
-
The corporation is a subsidiary in an affiliated group (defined in section 1504) but is not filing a consolidated return for
the tax year
with that group.
-
The corporation is a subsidiary in a parent-subsidiary controlled group (defined in section 1563).
Excluded member.
If the corporation is an “ excluded member” of a controlled group (see section 1563(b)(2)), it is still considered a member of a controlled
group for purposes of Block I.
Block J.
Enter the name of the person who has the organization's books and records and the telephone number at which he or
she can be reached.
Part I—Unrelated Trade or Business Income
Complete column (A), lines 1 through 13. If the amount on line 13 is $10,000 or less, you may complete only line 13 for columns
(B) and (C). These
filers do not have to complete Schedules A through K (however, refer to applicable schedules when completing column (A)).
If the amount on line 13,
column (A), is more than $10,000, complete all lines and schedules that apply.
Member income of mutual or cooperative electric companies.
Income of a mutual or cooperative electric company described in section 501(c)(12) which is treated as member income
under subparagraph (H) of
that section is excluded from unrelated business taxable income.
Extraterritorial income.
Except as otherwise provided in the Internal Revenue Code, gross income includes all income from whatever source derived.
Gross income generally
does not include extraterritorial income that is qualifying foreign trade income. Use Form 8873, Extraterritorial Income Exclusion,
to figure the
exclusion. Include the exclusion in the total for Other deductions on line 28, Form 990-T.
Income from qualifying shipping activities.
The organization's gross income does not include income from qualifying shipping activities (as defined in section
1356) if the organization makes
an election under section 1354 on a timely filed return (including extensions) to be taxed on its notional shipping income
(as defined in section
1353) at the highest corporate rate (35%). If the election is made, the organization generally may not claim any loss, deduction,
or credit with
respect to qualifying shipping activities. An organization making this election also may elect to defer gain on the disposition
of a qualifying vessel
under section 1359. Use Form 8902, Alternative Tax on Qualifying Shipping Activities, to figure the tax. Include the alternative
tax on Form 990-T,
Part IV, line 42.
Line 1a—Gross Receipts or Sales
Enter the gross income from any unrelated trade or business regularly carried on that involves the sale of goods or performance
of services.
A section 501(c)(7) social club would report its restaurant and bar receipts from nonmembers on line 1, but would report its
investment income on
line 9 and in Schedule G.
Advance payments.
In general, advanced payments are reported in the year of receipt. To report income from long-term contracts, see
section 460. For special rules
for reporting certain advanced payments for goods and long-term contracts, see Regulations section 1.451-5. For permissible
methods for reporting
advanced payments for services and certain goods by an accrual method organization, see Rev. Proc. 2004-34, 2004-22 I.R.B.
991.
Installment sales.
Generally, the installment method cannot be used for dealer dispositions of property. A “ dealer disposition” is (a) any disposition of
personal property by a person who regularly sells or otherwise disposes of personal property of the same type on the installment
plan or (b) any
disposition of real property held for sale to customers in the ordinary course of the taxpayer's trade or business.
These restrictions on using the installment method do not apply to dispositions of property used or produced in a
farming business or sales of
timeshares and residential lots for which the organization elects to pay interest under section 453(l)(3).
For sales of timeshares and residential lots reported under the installment method, the organization's income tax
is increased by the interest
payable under section 453(l)(3). To report this addition to the tax, see the instructions for line 42.
Enter on line 1a (and carry to line 3), the gross profit on collections from installment sales for any of the following:
-
Dealer dispositions of property before March 1, 1986.
-
Dispositions of property used or produced in the trade or business of farming.
-
Certain dispositions of timeshares and residential lots reported under the installment method.
Attach a schedule showing the following information for the current and the 3 preceding years:
-
Gross sales,
-
Cost of goods sold,
-
Gross profits,
-
Percentage of gross profits to gross sales,
-
Amount collected, and
-
Gross profit on amount collected.
Nonaccrual experience method.
Accrual method organizations are not required to accrue certain amounts to be received from the performance of services
that, on the basis of their
experience, will not be collected, if:
-
The services are in the fields of health, law, engineering, architecture, accounting, actuarial science, performing arts,
or consulting, or
-
The organization's average annual gross receipts for the 3 prior tax years does not exceed $5 million.
This provision does not apply to any amount if interest is required to be paid on the amount or if there is any penalty
for failure to timely pay
the amount. For more information, see section 448(d)(5) and Regulations section 1.488-2. Organizations that qualify to use
the nonaccrual experience
method should attach a schedule showing total gross receipts, amounts not accrued as a result of the application of section
448(d)(5), and the net
amount accrued. Enter the net amount on line 1a.
Certain cooperatives that have gross receipts of $10 million or more and have patronage and nonpatronage source income
and deductions must
complete and attach Form 8817, Allocation of Patronage and Nonpatronage Income and Deductions, to their return.
Gain or loss on disposition of certain brownfield property.
Gain or loss from the qualifying sale, exchange, or other disposition of a qualifying brownfield property (as defined
in section 512(b)(18)(C)),
which was acquired by the organization after December 31, 2004, is excluded from unrelated business taxable income and is
excepted from the
debt-financed rules for such property. See section 512(b)(19) and 514(b)(1)(E).
Line 4a—Capital Gain Net Income
Generally, organizations required to file Form 990-T (except organizations described in sections 501(c)(7), (9), and (17))
are not taxed on the net
gains from the sale, exchange, or other disposition of property. However, net capital gains on debt-financed property, capital
gains on cutting
timber, and ordinary gains on sections 1245, 1250, 1252, 1254, and 1255 property are taxed. See Form 4797, Sales of Business
Property, and its
instructions for additional information.
Also, any capital gain or loss passed through from an S corporation or any gain or loss on the disposition of S corporation
stock by a qualified
tax exempt (see S Corporations under the line 5 instructions) is taxed as a capital gain or loss.
Capital gains and losses should be reported by a trust on Schedule D (Form 1041), Capital Gains and Losses, and by a corporation
on Schedule D
(Form 1120), Capital Gains and Losses.
An organization that transfers securities it owns for the contractual obligation of the borrower to return identical securities
recognizes no gain
or loss. To qualify for this treatment, the organization must lend the securities under an agreement that requires:
-
The return of identical securities;
-
The payment of amounts equivalent to the interest, dividends, and other distributions that the owner of the securities would
normally
receive; and
-
The risk of loss or opportunity for gain not be lessened.
See section 512(a)(5) for details.
Debt-financed property disposition.
The amount of gain or loss to be reported on the sale, exchange, or other disposition of debt-financed property is
the same percentage as the
highest acquisition indebtedness for the property for the 12-month period before the date of disposition is to the average
adjusted basis of the
property. The percentage may not be more than 100%. See the instructions for Schedule E, column 5, to determine adjusted basis
and average adjusted
basis.
If debt-financed property is depreciable or depletable property, the provisions of sections 1245, 1250, 1252, 1254,
and 1255 must be considered
first.
Example.
On January 1, 2005, an exempt educational corporation, using $288,000 of borrowed funds, purchased an office building for
$608,000. The only
adjustment to basis was $29,902 for depreciation (straight line method under MACRS over the 39-year recovery period for nonresidential
real property).
The corporation sold the building on December 31, 2006, for $640,000. At the date of sale, the adjusted basis of the building
was $578,098 ($608,000
- $29,902) and the indebtedness remained at $288,000. The adjusted basis of the property on the first day of the year of disposition
was
$593,037. The average adjusted basis is $585,568 (($593,037 + $578,098) ÷ 2). The debt/basis percentage is 49% ($288,000 ÷
$585,568).
The taxable gain is $30,332 (49% × ($640,000 - $578,098)). This is a long-term capital gain. A corporation should enter the
gain on
line 6, Part II, Schedule D (Form 1120). A trust should enter the gain on Schedule D (Form 1041). Both should attach a statement
to the return
showing how the gain was figured.
Line 4b—Net Gain or (Loss)
Show gains and losses on other than capital assets on Form 4797. Enter on this line the net gain or (loss) from Part II, line
17, Form 4797.
An exempt organization using Form 4797 to report ordinary gain on sections 1245, 1250, 1252, 1254, and 1255 property will
include only
depreciation, amortization, or depletion allowed or allowable in figuring unrelated business taxable income or taxable income
of the organization (or
a predecessor organization) for a period when it was not exempt.
Line 4c—Capital Loss Deduction for Trusts
If a trust has a net capital loss, it is subject to the limitations of Schedule D (Form 1041). Enter on this line the loss
figured on Schedule D
(Form 1041).
Line 5—Income or (Loss) From Partnerships and S Corporations
Combine all partnership income or loss (determined below) with all S corporation income or loss and enter it on line 5.
However, for limitations on losses for certain activities, see Form 6198 and, for trusts, Form 8582, Passive Activity Loss
Limitations, or, for
corporations, Form 8810, Corporate Passive Activity Loss and Credit Limitations, and sections 465 and 469.
If the organization is a partner in a partnership carrying on an unrelated trade or business, enter the organization's share
(whether or not
distributed) of the partnership's income or loss from the unrelated trade or business.
Figure the gross income and deductions of the partnership in the same way you figure unrelated trade or business income the
organization earns
directly.
Attachment.
Attach a statement to this return showing the organization's share of the partnership's gross income from the unrelated
trade or business, and its
share of the partnership deductions directly connected with the unrelated gross income. Also, see Attachments on page 7 for other
information you need to include.
For tax years beginning after December 31, 1997, qualified tax exempts can be shareholders in an S corporation without the
S corporation losing its
status as an S corporation. Qualified tax exempts that hold stock in an S corporation treat their stock interest as an unrelated
trade or business.
All items of income, loss, or deduction are taken into account in figuring unrelated business taxable income. Report on line
4 any gain or loss on the
disposition of S corporation stock.
Qualified tax exempts.
A qualified tax exempt is an organization that is described in section 401(a) (qualified stock bonus, pension, and
profit-sharing plans) or
501(c)(3) and exempt from tax under section 501(a).
Exception.
Employer stock ownership plans (ESOPs) do not follow these S corporation rules if the S corporation stock is an employer
security as defined in
section 409(l).
Attachment.
Attach a statement to this return showing the qualified tax exempt's share of all items of income, loss, or deduction.
Show capital gains and
losses separately and include them on line 4a. Combine the income, loss, and deductions (except for the capital gains and
losses) on the statement. If
you hold stock in more than one S corporation, total the combined amounts. Also, see Attachments on page 7 for other information you need
to include.
Enter on line 12 any item of unrelated business income that is not reportable elsewhere on the return. Include:
-
Recoveries of bad debts deducted in earlier years under the specific charge-off method. Attach a separate schedule of any
items of other
income to your return;
-
The amount from Form 6478, Credit for Alcohol Used as Fuel; and
-
The amount from Form 8864, Biodiesel and Renewable Diesel Fuels Credit.
Organizations described in section 501(c)(19).
Enter the net income from insurance business that was not properly set aside. These organizations may set aside income
from payments received for
life, sick, accident, or health insurance for members of the organization or their dependents:
-
To provide for the payment of insurance benefits;
-
For a purpose specified in section 170(c)(4) (religious, charitable, scientific, literary, educational, etc.); or
-
For administrative costs directly connected with benefits described in 1 and 2 above.
Amounts set aside and used for purposes other than those in 1, 2, or 3 above must be included in unrelated business taxable
income for the tax year
if they were previously excluded from taxable income.
Any amount spent for a purpose described in section 170(c)(4) is first considered paid from funds earned by the organization
from insurance
activities if the income is not used for the insurance activities.
Expenditures for lobbying are not considered section 170(c)(4) expenses.
Income from property financed with qualified 501(c)(3) bonds.
If any part of the property is used in a trade or business of any person other than a section 501(c)(3) organization
or a governmental unit, your
section 501(c)(3) organization is considered to have received unrelated business income in the amount of the greater of the
actual rental income or
the fair rental value of the property for the period it is used. No deduction is allowed for interest on the private activity
bond. Report the greater
of the actual rent or the fair rental value on line 12. Report allowable deductions in Part II. See section 150(b)(3) for
more information.
Passive foreign investment company (PFIC) shareholders.
If your organization is a direct or indirect shareholder of a PFIC within the meaning of section 1296, it may have
income tax consequences under
section 1291 on the disposition of the PFIC stock or on receipt of an excess distribution from the PFIC, described in section
1291(a). Your
organization may have current income under section 1293 if the PFIC is a qualified electing fund (QEF) with respect to the
organization.
Include on line 12 the portion of an excess distribution or section 1293 inclusion that is taxable as unrelated business taxable
income. See Form
8621, Return by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund, for more information on
reporting excess
distributions and current income inclusions.
See the instructions for lines 35c and 36 in Part III for reporting the deferred tax amount that may be owed by your organization
with respect to
an excess distribution.
Part II—Deductions Not Taken Elsewhere
If the amount on Part I, line 13, column (A), is $10,000 or less, you do not have to complete lines 14 through 28 of Part
II. However, you must
complete lines 29 through 34 of Part II.
Directly connected expenses.
Only expenses directly connected with unrelated trade or business income (except contributions) may be deducted on
these lines (see Directly
connected expenses on page 2). Contributions may be deducted, whether or not directly connected. Do not separately include in Part II any
expenses that are reported in Schedules A through J, other than excess exempt expenses entered on line 26 and excess readership
costs entered on line
27. For example, officers' compensation allocable to advertising income is reported on Schedule J only, and should not be
included on Schedule K or
line 14 of Part II.
Limitations on Deductions
The following items discuss certain areas in which the amount of the deduction may to some extent be limited.
Activities Lacking a Profit Motive
If income is attributable to an activity lacking a profit motive, a loss from the activity cannot be claimed on Form 990-T.
Therefore, in Part I,
column (B) and Part II, the total of deductions for expenses directly connected with income from an activity lacking a profit
motive is limited to the
amount of that income. Generally, an activity lacking a profit motive is one that is not conducted for the purpose of producing
a profit or one that
has consistently produced losses when both direct and indirect expenses are taken into account.
Deductions related to property leased to tax-exempt entities
For property leased to a governmental or other tax-exempt entity, or in the case of property acquired after March 12, 2004,
that is treated as
tax-exempt use property other than by reason of a lease, the organization may not claim deductions related to the property
to the extent that they
exceed the organization's income from the lease payments. Amounts disallowed may be carried over to the next year and treated
as a deduction with
respect to the property. See section 470 for more information.
Transactions Between Related Taxpayers
Generally, an accrual basis taxpayer may only deduct business expenses and interest owed to a related party in the year the
payment is included in
the income of the related party. See sections 163(e)(3), 163(j), and 267 for limitations on deductions for unpaid interest
and expenses.
Corporations may be required to adjust deductions for depletion of iron ore and coal, intangible drilling and exploration
and development costs,
and the amortizable basis of pollution control facilities. See section 291 to determine the amount of the adjustment.
Section 263A Uniform Capitalization Rules
These rules require organizations to capitalize or include as inventory cost certain costs incurred in connection with:
-
The production of real property and tangible personal property held in inventory or held for sale in the ordinary course of
business.
-
Real property or personal property held in inventory (tangible and intangible) acquired for resale.
-
The production of real property and tangible personal property produced by the organization for use in its trade or business
or in an
activity engaged in for profit.
Tangible personal property produced by an organization includes a film, sound recording, videotape, book, or similar property.
Indirect expenses.
Organizations subject to the section 263A uniform capitalization rules are required to capitalize direct costs and
an allocable part of most
indirect costs (including taxes) that benefit the assets produced or acquired for resale or are incurred by reason of the
performance of production or
resale activities.
For inventory, some of the indirect expenses that must be capitalized are:
-
Administration expenses,
-
Taxes,
-
Depreciation,
-
Insurance,
-
Compensation paid to officers attributable to services,
-
Rework labor, and
-
Contributions to pension, stock bonus, and certain profit-sharing, annuity, or deferred compensation plans.
Regulations section 1.263A-1(e)(3) specifies other indirect costs that relate to production or resale activities that
must be capitalized and those
that may be currently deductible.
Interest expense.
Interest expense paid or incurred during the production period of designated property must be capitalized and is governed
by special rules. For
more details, see Regulations section 1.263A-8 through 1.263A-15.
When are section 263A capitalized costs deductible?
The costs required to be capitalized under section 263A are not deductible until the property (to which the costs
relate) is sold, used, or
otherwise disposed of by the organization.
Exceptions.
Section 263A does not apply to:
-
Personal property acquired for resale if the organization's average annual gross receipts for the 3 prior tax years were $10
million or
less.
-
Timber.
-
Most property produced under long-term contract.
-
Certain property produced in a farming business.
-
Research and experimental costs under section 174.
-
Geological and geophysical costs amortized under section 167(h).
-
Intangible drilling costs for oil, gas, and geothermal property.
-
Mining exploration and development costs.
-
Inventory of an organization that accounts for inventories in the same manner as materials and supplies that are not incidental.
See
Schedule A—Cost of Goods Sold on page 19 for details.
Additional information.
For more details on the uniform capitalization rules, see Regulations sections 1.263A-1 through 1.263A-3.
Travel, Meals, and Entertainment
Subject to limitations and restrictions discussed below, an organization can deduct ordinary and necessary travel, meals,
and entertainment
expenses paid or incurred in its trade or business. Also, special rules apply to deductions for gifts, skybox rentals, luxury
water travel, convention
expenses, and entertainment tickets. See section 274 and Pub. 463, Travel, Entertainment, Gift, and Car Expenses, for more
details.
Travel.
The organization cannot deduct travel expenses of any individual accompanying an organization's officer or employee,
including a spouse or
dependent of the officer or employee, unless:
Meals and entertainment.
Generally, the organization can deduct only 50% of the amount otherwise allowable for meals and entertainment expenses
paid or incurred in its
trade or business. In addition (subject to exceptions under section 274(k)(2)):
-
Meals must not be lavish or extravagant;
-
A bona fide business discussion must occur during, immediately before, or immediately after the meal; and
-
An employee of the organization must be present at the meal.
Membership dues.
The organization may deduct amounts paid or incurred for membership dues in civic or public service organizations,
professional organizations (such
as bar and medical associations), business leagues, trade associations, chambers of commerce, boards of trade, and real estate
boards. However, no
deduction is allowed if a principal purpose of the organization is to entertain, or provide entertainment facilities for members
or their guests. In
addition, organizations may not deduct membership dues in any club organized for business, pleasure, recreation, or other
social purpose. This
includes country clubs, golf and athletic clubs, airline and hotel clubs, and clubs operated to provide meals under conditions
favorable to business
discussion.
Entertainment facilities.
The organization cannot deduct an expense paid or incurred for use of a facility (such as a yacht or hunting lodge)
for an activity usually
considered entertainment, amusement, or recreation.
Amounts treated as compensation.
The organization generally may be able to deduct otherwise nondeductible travel, meals, and entertainment expenses
if the amounts are treated as
compensation and reported on Form W-2 for an employee or Form 1099-MISC for an independent contractor.
However, if the recipient is an officer or director, the deduction for otherwise nondeductible meals, travel, and
entertainment expenses is limited
to the amount treated as compensation. See section 274(e)(2) and Notice 2005-45, 2005-24 I.R.B. 1228.
Certain Expenses For Which Credits Are Allowable
For each of the credits listed below, the organization may need to reduce the otherwise allowable deductions for expenses
used to figure the credit
by the amount of the current year credit:
-
The credit for increasing research activities,
-
The disabled access credit,
-
The employer credit for social security and Medicare taxes paid on certain employee tips,
-
The credit for employer-provided child care,
-
The orphan drug credit,
-
The credit for small employer pension plan startup,
-
The low sulfur diesel fuel production credit, and
-
Mine rescue team training credit.
If the organization has any of these credits, figure each current year credit before figuring the deduction for expenses on
which the credit is
based.
Business Startup Expenses
Business startup and organizational costs must be capitalized unless an election is made to amortize them. For costs paid
or incurred before
October 23, 2004, the organization must capitalize them unless it elects to amortize these costs over a period of 60 months
or more. For costs paid or
incurred after October 23, 2004, the following rules apply separately to each category of costs.
-
The organization can elect to deduct up to $5,000 of such costs for the year the organization begins business operations.
-
The $5,000 deduction is reduced (but not below zero) by the amount the total costs exceed $50,000. If the total costs are
$55,000 or more,
the deduction is reduced to zero.
-
If the election is made, any costs that are not deducted must be amortized ratably over a 180-month period.
In all cases, the amortization period begins the month the corporation begins operations. For more details on the election
for business startup and
organizational costs, see Pub. 535.
For more details on the election for business startup costs, see section 195 and attach the statement required by Regulations
section 1.195-1(b).
For more details on the election for organizational costs, see section 248 and attach the statement required by Regulations
section 1.248-1(c). Report
the deductible amount of these costs and any amortization on line 28. For amortization that begins during the 2006 tax year,
complete and attach Form
4562.
Line 16—Repairs and Maintenance
Enter the cost of incidental repairs and maintenance not claimed elsewhere on the return, such as labor and supplies, that
do not add to the value
or appreciably prolong the life of the property.
Enter the total receivables from unrelated business activities that were previously included in taxable income and that became
worthless in whole
or in part during the tax year.
Attach a separate schedule listing the interest being claimed on this line.
-
Interest allocation. If the proceeds of a loan were used for more than one purpose (for example, to purchase a portfolio
investment and to acquire an interest in a passive activity), an interest allocation must be made. See Temporary Regulations
section 1.163-8T for the
interest allocation rules.
-
Tax-exempt interest. Do not include interest on indebtedness incurred or continued to purchase or carry obligations, on which the
interest income is totally exempt from income tax. For exceptions, see section 265(b).
-
Prepaid interest. Generally, a cash basis taxpayer cannot deduct prepaid interest allocable to years following the current tax
year. For example, in 2006 a cash basis calendar year taxpayer prepaid interest on a loan. The taxpayer can deduct only that
part of the prepaid
interest that was for the use of the loan before January 1, 2007.
-
Straddle interest. Generally, the interest and carrying charges on straddles cannot be deducted and must be capitalized. See
section 263(g).
-
Original issue discount. See section 163(e)(5) for special rules for the disqualified portion of original issue discount on a
high yield discount obligation.
-
Related party interest. Certain interest paid or accrued by the organization (directly or indirectly) to a related person may be
limited if no tax is imposed on such interest. See section 163(j) for more details.
-
Interest on certain underpayments of tax. Interest paid or incurred on any portion of an underpayment of tax that is attributable
to an understatement arising from an undisclosed listed transaction or an undisclosed reportable avoidance transaction (other
than a listed
transaction) entered into in tax years beginning after October 22, 2004.
-
Interest allocable to the production of designated property. Do not deduct interest on debt allocable to the production of
designated property. Interest that is allocable to such property produced by an organization for its own use or for sale must
be capitalized. An
organization must also capitalize any interest on debt allocable to an asset used to produce the above property. See section
263A(f) and Regulations
sections 1.263A-8 through 1.263A-15 for definitions and more information.
-
Interest on below-market loans. See section 7872 for special rules regarding the deductibility of foregone interest on certain
below-market-rate loans.
-
Interest on which no tax is imposed (section 163(j)). For tax years beginning after May 16, 2006, an organization that owns an
interest in a partnership, directly or indirectly, must treat its distributive share of the partnership liabilities, interest
income, and interest
expense as liabilities, income, and expenses of the organization for purposes of applying the earnings stripping rules. For
more details, see section
163(j)(8).
Line 19—Taxes and Licenses
Enter taxes and license fees paid or accrued during the year, but do not include the following:
-
Federal income taxes.
-
Foreign or U.S. possession income taxes if a foreign tax credit is claimed.
-
Taxes not imposed on your organization.
-
Taxes, including state or local sales taxes, paid or incurred in connection with an acquisition or disposition of property
(these taxes must
be treated as part of the cost of the acquired property or, in the case of a disposition, as a reduction in the amount realized
on the
disposition).
-
Taxes assessed against local benefits that increase the value of the property assessed (such as for paving, etc.).
-
Taxes deducted elsewhere on the return, such as those reflected in cost of good sold.
See section 164(d) for apportionment of taxes on real property between the buyer and seller.
Line 20—Charitable Contributions
Enter contributions or gifts actually paid within the tax year to or for the use of charitable and governmental organizations
described in section
170(c). Also, enter any unused contributions carried over from earlier years. The deduction for contributions will be allowed
whether or not directly
connected with the carrying on of a trade or business.
Corporations.
The total amount claimed normally cannot be more than 10% of unrelated business taxable income figured without regard
to the following.
-
Any deduction for contributions.
-
The domestic production activities deduction under section 199.
-
Any net operating loss (NOL) carryback to the tax year under section 172.
-
Any capital loss carryback to the tax year under section 1212(a)(1).
Corporations on the accrual basis can elect to deduct contributions paid by the 15th day of the 3rd month after the
end of the tax year if the
contributions are authorized by the board of directors during the tax year. Attach a declaration to the return stating that
the resolution authorizing
the contributions was adopted by the board of directors during the tax year. The declaration must also include the date the
resolution was adopted.
See Regulations section 1.170A-11
Suspension of 10% limitation for farmers and ranchers.
For tax years beginning in 2006, an organization that is a qualified farmer or rancher (as defined in section 170(b)(1)(E)
that does not have
publicly traded stock, can deduct contributions of qualified conservation property without regard to the general 10% limit.
The total amount of the
contribution claimed for the qualified conservation property cannot exceed 100% of the excess of the organization's taxable
income (as computed above
substituting “ 100%” for “ 10%”) over all other allowable charitable contributions. Any excess qualified conservation contributions can be
carried over to the next 15 years subject to the 100% limitation. See section 170(b)(2)(B).
For contributions made after August 17, 2006, contributed conservation property that is used in agriculture or livestock
production must remain
available for such production.
Carryover.
Charitable contributions over the 10% limitation cannot be deducted for the tax year, but may be carried over to the
next 5 tax years.
In figuring the charitable contributions deduction, if the corporation has an NOL carryover to the tax year, the 10%
limit is applied using the
taxable income after taking into account any deduction for the NOL.
To figure the amount of any remaining NOL carryover to later years, taxable income must be modified. See section 172(b).
To the extent charitable
contributions are used to reduce taxable income for this purpose and increase a net operating loss carryover, a contributions
carryover is not
allowed. See section 170(d)(2)(B).
Trusts.
In general:
-
For contributions to organizations described in section 170(b)(1)(A), the amount claimed may not be more than 50% of the unrelated
business
taxable income figured without this deduction; and
-
For contributions to other organizations, the amount claimed may not be more than the smaller of:
-
30% of unrelated business taxable income figured without this deduction; or
-
The amount by which 50% of the unrelated business taxable income is more than the contributions allowed in 1 above.
Contributions not allowable in whole or in part because of the limitations may not be deducted as a business expense, but
may be carried over to
the next 5 tax years.
Substantiation requirements.
Generally, no deduction is allowed for any contribution of $250 or more, unless the organization gets a written acknowledgment
from the donee
organization that shows the amount of cash contributed, describes any property contributed, and either gives a description
and a good faith estimate
of the value of any goods or services provided in return for the contribution or states that no goods or services were provided
in return for the
contribution. The acknowledgment must be obtained by the due date (including extensions) of the organization's return, or,
if earlier, the date the
return is filed. However, see section 170(f)(8) and the related regulations for exceptions to this rule. Do not attach the
acknowledgment to the
return, but keep it with the organization's records.
Note.
For contributions of cash, check, or other monetary gifts (regardless of the amount), made in tax years beginning after August
17, 2006, the
organization must maintain a bank record, or a receipt, letter, or other written communication from the donee organization
indicating the name of the
organization, the date of the contribution, and the amount of the contribution.
Contributions of property other than cash.
If an organization contributes property other than cash and claims over a $500 deduction for the property, it must
attach a schedule to the return
describing the kind of property contributed and the method used to determine its fair market value (FMV). All organizations
generally must complete
and attach Form 8283, Noncash Charitable Contributions, to their returns for contributions or property (other than money)
if the total claimed
deduction for all property contributed was more than $5,000. Special rules apply to the contribution of certain property.
See the instructions for
Form 8283.
Special rules for contributions of certain easements in registered historic districts.
The following rules apply to certain contributions of real property interests located in a registered historic district.
-
For contributions made after July 25, 2006, a deduction is allowed for the qualified real property interest, if the exterior
of the building
(including the front, side, rear, and space above the building) is preserved and no portion of the exterior is changed in
manner that is inconsistent
with its historical character. For more details, see section 170(h)(4)(B).
-
For contributions made after August 17, 2006, a deduction is allowed on the building only (no deduction is allowed for a structure
or land)
if located in a registered historic district. However, if listed in the National Register, a deduction is also allowed for
structures or land areas.
For more information, see section 170(h)(4)(c)
-
For contributions made in tax years beginning after August 17, 2006, the organization must also include the following information
with the
tax return.
-
A qualified appraisal (as defined in section 170(f)(11)(E)) of the qualified property interest,
-
Photographs of the entire exterior of the building, and
-
A description of all restrictions on the development of the building. See section 170(h)(4)(B)(iii).
-
The organization's deduction may be reduced if rehabilitation credits were claimed on the building. See section 170(f)(14).
-
A $500 filing fee may apply to certain deductions over $10,000. See section 170(f)(13).
Other special rules.
The organization must reduce its deduction for contributions of certain capital gain property. See sections 170(e)(1)
and 170(e)(5).
A larger deduction is allowed for certain contributions of:
-
Inventory and other property to certain organizations for use in the care of the ill, needy, or infants (section 170(e)(3)),
including
contributions of “apparently wholesome food” (section 170(e)(3)(C)) and contributions of qualified book inventory to public schools (section
170(e)(3)(D)).
-
Of scientific equipment used for research to institutions of higher learning or to certain scientific research organizations
(other than by
personal holding companies and service organizations), see section 170(e)(4).
-
Computer technology and equipment for educational purposes.
For more information on charitable contributions, including substantiation and recordkeeping requirements, see section
170, the related
regulations, and Pub. 526, Charitable Contributions.
Besides depreciation, include on line 21 the part of the cost, under section 179, that the organization elected to expense
for certain tangible
property placed in service during tax year 2006 or carried over from 2005. See Form 4562, Depreciation and Amortization, and
its instructions.
See sections 613 and 613A for percentage depletion rates for natural deposits. Attach Form T, Forest Activities Schedules,
if a deduction is taken
for depletion of timber.
Line 24—Contributions to Deferred Compensation Plans
Employers who maintain pension, profit-sharing, or other funded deferred compensation plans are generally required to file
Form 5500. This
requirement applies whether or not the plan is qualified under the Internal Revenue Code and whether or not a deduction is
claimed for the current tax
year. Section 6652(e) imposes a penalty for late filing of these forms. In addition, there is a penalty for overstating the
pension plan deduction.
See section 6662(f).
Line 25—Employee Benefit Programs
Enter the amount of contributions to employee benefit programs (such as insurance, health, and welfare programs) that are
not an incidental part of
a deferred compensation plan included on line 24.
Enter on this line the deduction taken for amortization (see Form 4562) as well as other authorized deductions for which no
space is provided on
the return. Attach a separate schedule listing the deductions claimed on this line. Deduct only items directly connected with
the unrelated trade or
business for which income is reported in Part I.
Domestic production activities.
Complete Form 8903 and enter the deduction on this line.
Energy efficient commercial buildings.
You may deduct expenses for energy efficient commercial buildings placed in service after December 31, 2005. See section
179D.
Do not deduct fines or penalties paid to a government for violating any law.
Line 31—Net Operating Loss (NOL) Deduction
The NOL deduction is the total of the net operating loss carryovers and carrybacks that can be deducted in the tax year. To
be deductible, an NOL
must have been incurred in an unrelated trade or business activity. See section 172(a).
If any portion of any NOL is a qualified Gulf Opportunity Zone loss that was paid or incurred after August 27, 2005, and
before January 1, 2008,
the amount of the NOL may be eligible for a 5-year carryback. However, an organization may elect to treat a Go Zone public
utility casualty loss as a
specified liability loss to which the 10-year carryback period applies. See sections 172 and 1400N(k) for more information.
Enter on line 31, the total NOL carryover from other tax years, but do not enter more than the amount shown on line 30. Attach
a schedule showing
the computation of the NOL deduction. The amount of an NOL carryback or carryover is determined under section 172. See Regulations
section
1.512(b)-1(e). For more information about NOLs, see Pub. 536, Net Operating Losses for Individuals, Estates and Trusts..
Line 33—Specific Deduction
A specific deduction of $1,000 is allowed except for computing the net operating loss and the net operating loss deduction
under section 172.
Only one specific deduction may be taken, regardless of the number of unrelated businesses conducted. However, a diocese,
province of a religious
order, or convention or association of churches is allowed one specific deduction for each parish, individual church, district,
or other local unit
that regularly conducts an unrelated trade or business. This applies only to those parishes, districts, or other local units
that are not separate
legal entities, but are components of a larger entity (diocese, province, convention, or association). Each specific deduction
will be the smaller of
$1,000 or the gross income from any unrelated trade or business the local unit conducts. If you claim a total specific deduction
larger than $1,000,
attach a schedule showing how you figured the amount.
The diocese, province of a religious order, or convention or association of churches must file a return reporting the gross
income and deductions
of all its units that are not separate legal entities. These local units cannot file separate returns because they are not
separately incorporated.
Local units that are separately incorporated must file their own returns and cannot be included with any other entity except
for a title holding
company. See the instructions under Consolidated Returns on page 5.
For details on the specific deduction, see section 512(b)(12) and the related regulations.
Corporate members of a controlled group,
as defined in section 1563, must check the box on line 35 and complete lines 35a and 35b.
The term “ controlled group” means any parent-subsidiary group, brother-sister group, or combined group. See the definitions below.
Parent-subsidiary group.
Parent-subsidiary group is one or more chains of corporations connected through stock ownership with a common parent
corporation if:
-
Stock possessing at least 80% of the total combined voting power of all classes of stock entitled to vote or at least 80%
of the total value
of shares of all classes of stock of each of the corporations, except the common parent corporation, is directly or indirectly
owned by one or more of
the other corporations; and
-
The common parent corporation directly or indirectly owns stock possessing at least 80% of the total combined voting power
of all classes of
stock entitled to vote or at least 80% of the total value of shares of all classes of stock of at least one of the other corporations,
excluding, in
computing such voting power or value, stock owned directly by such other corporation.
Brother-sister group.
A brother-sister group is two or more corporations if the same five or fewer persons who are individuals, estates,
or trusts directly or indirectly
own stock possessing:
-
At least 80% of the total combined voting power of all classes of stock entitled to vote or at least 80% of the total value
of shares of all
classes of the stock of each corporation, and
-
More than 50% of the total combined voting power of all classes of stock entitled to vote or more than 50% of the total value
of shares of
all classes of stock of each corporation, taking into account the stock ownership of each such person only to the extent such
stock ownership is
identical with respect to each such corporation.
The definition of a brother-sister group does not include (1) above, for purposes of determining and allocating the
following.
-
Taxable income brackets,
-
Accumulated earnings credit,
-
Alternative minimum tax exemption amount,
-
Phaseout of the alternative minimum tax exemption amount, or
-
The additional tax.
For purposes of determining whether a corporation is a member of a brother-sister controlled group of corporations,
within the meaning of section
1563(a)(2), stock owned by a person who is an individual, estate, or trust means:
Combined group.
A combined group is three or more corporations each of which is a member of a parent-subsidiary group or a brother-sister
group, and one of which
is:
-
A common parent corporation included in a group of corporations in a parent-subsidiary group, and also
-
Included in a group of corporations in a brother-sister group.
For more details on controlled groups, see section 1563.
Members of a controlled group are entitled to one $50,000, one $25,000, and one $9,925,000 taxable income bracket
amount (in that order) on line
35a.
When a controlled group adopts or later amends an apportionment plan, each member must attach to its tax return a
copy of its consent to this plan.
The copy (or an attached statement) must show the part of the amount in each taxable income bracket apportioned to that member.
See Regulations
section 1.1561-3(b) for other requirements and for the time and manner of making the consent.
Equal apportionment plan.
If no apportionment plan is adopted, members of a controlled group must divide the amount in each taxable income bracket
equally among themselves.
For example, Controlled Group AB consists of Corporation A and Corporation B. They do not elect an apportionment plan. Therefore,
Corporation A and
Corporation B are each entitled to $25,000 (one-half of $50,000) in the $50,000 taxable income bracket on line 35a(1), $12,500
(one-half of $25,000)
in the $25,000 taxable income bracket on line 35a(2), and $4,962,500 (one-half of $9,925,000) in the $9,925,000 taxable income
bracket on line 35a(3).
Unequal apportionment plan.
Members of a controlled group may elect an unequal apportionment plan and divide the taxable income brackets as they
want. There is no need for
consistency among taxable income brackets. Any member of the controlled group may be entitled to all, some, or none of the
taxable income bracket.
However, the total amount for all members cannot be more than the total amount in each taxable income bracket.
Additional 5% tax and additional 3% tax.
Members of a controlled group are treated as one corporation to figure the applicability of the additional 5% tax
that must be paid by corporations
with taxable income over $100,000 and the additional 3% tax that must be paid by corporations with taxable income over $15
million. If either
additional tax applies, each member of the controlled group will pay that tax based on the part of the amount that is used
in each taxable income
bracket to reduce that member's tax. See section 1561(a). Each member must enter its share of the additional 5% tax on line
35b(1) and its share of
the additional 3% tax on line 35b(2) and attach to its tax return a schedule that shows the taxable income of the entire group,
as well as how its
share of the additional tax was figured.
Deferred tax amount under section 1291.
If your organization has an excess distribution from a passive foreign investment company (PFIC) that is taxable as
unrelated business taxable
income, the organization may owe the deferred tax amount defined in section 1291(c)(1). The portion of the deferred tax amount
that is the aggregate
increases in taxes (described in section 1291(c)(2)) must be included in the amount entered on line 35c or 36. Write to the
left of line 35c or 36,
“ Sec. 1291” and the amount.
Do not include on line 35c or 36 the portion of the deferred tax amount that is the aggregate amount of interest determined
under section
1291(c)(3). Instead, write “ Sec. 1291 interest” and the amount in the bottom right margin of page 2, Form 990-T. See Part IV of Form 8621, Return
by a Shareholder of a Passive Foreign Investment Company or Qualified Electing Fund.
Use the Tax Rate Schedule for Corporations shown below to figure the tax.
Members of a controlled group use the Tax Computation Worksheet for Members of a Controlled Group shown below to figure the
tax. Members
of a controlled group should see the instructions above for lines 35a and 35b . Members of a controlled group must attach
a
statement showing the computation of the tax entered on line 35c.
Tax Rate Schedule for Corporations (Internal Revenue Code - Section 11)
If the amount on line 34, page 1 is: |
Over— |
But not over— |
Tax is: |
Of the amount over— |
$0
|
$50,000
|
15% |
$0
|
50,000
|
75,000
|
$ 7,500 + 25% |
50,000
|
75,000
|
100,000
|
13,750 + 34% |
75,000
|
100,000
|
335,000
|
22,250 + 39% |
100,000
|
335,000
|
10,000,000
|
113,900 + 34% |
335,000
|
10,000,000
|
15,000,000
|
3,400,000 + 35% |
10,000,000
|
15,000,000
|
18,333,333
|
5,150,000 + 38% |
15,000,000
|
18,333,333
|
- - - - -
|
35% |
0
|
Tax Computation Worksheet for Members of a Controlled Group (Keep for your records)
Each member of a controlled group must compute the tax using the computation below:
|
1.
|
Enter unrelated business taxable income (line 34, page 1, Form 990-T)
|
|
2.
|
Enter line 1 or corporation's share of the $50,000 taxable income bracket, whichever is less
|
|
3.
|
Subtract line 2 from line 1
|
|
4.
|
Enter line 3 or corporation's share of the $25,000 taxable income bracket, whichever is less
|
|
5.
|
Subtract line 4 from line 3
|
|
6.
|
Enter line 5 or corporation's share of the $9,925,000 taxable income bracket, whichever is less
|
|
7.
|
Subtract line 6 from line 5
|
|
8.
|
Enter 15% of line 2
|
|
9.
|
Enter 25% of line 4
|
|
10.
|
Enter 34% of line 6
|
|
11.
|
Enter 35% of line 7
|
|
12.
|
If the taxable income of the controlled group exceeds $100,000, enter this member's share of the smaller
of: (a) 5% of the excess over $100,000, or (b) $11,750 (see instructions for additional 5% and additional 3% tax).
|
|
13.
|
If the taxable income of the controlled group exceeds $15 million, enter this member's share of the smaller
of: (a) 3% of the excess over $15 million, or (b) $100,000 (see instructions for additional 5% and additional 3% tax).
|
|
14.
|
Add lines 8 through 13. Enter here and on line 35c, page 2, Form 990-T
|
|
Trusts exempt under section 501(a), which otherwise would be subject to subchapter J (estates, trusts, etc.), are taxed at
trust rates. This rule
also applies to employees' trusts that qualify under section 401(a). Most trusts figure the tax on the amount on line 34 using
the Tax Rate Schedule
for Trusts, later. If the tax rate schedule is used, enter the tax on line 36 and check the “tax rate schedule” box on line 36. If the trust is
eligible for the rates on net capital gains, complete Schedule D (Form 1041) and enter the tax from Schedule D (Form 1041)
on page 2, line 36. Check
the “Schedule D” box on line 36 and attach Schedule D (Form 1041) to Form 990-T.
Tax Rate Schedule for Trusts (Internal Revenue Code - Section 1(e))
If the amount on line 34, page 1 is: |
|
Over— |
But not over— |
Tax is: |
Of the amount over— |
$0
|
$2,050
|
15% |
$0
|
2,050
|
4,850
|
$ 307.50 + 25% |
2,050
|
4,850
|
7,400
|
1,007.50 + 28% |
4,850
|
7,400
|
10,050
|
1,721.50 + 33% |
7,400
|
10,050
|
- - - - -
|
2,596 + 35% |
10,050
|
To pay the section 6033(e)(2) proxy tax on nondeductible lobbying and political expenditures, enter the proxy tax on line
37 and attach a schedule
showing the computation.
Exempt organizations, except section 501(c)(3) and certain other organizations, must include certain information regarding
lobbying expenditures on
Form 990. In addition, organizations may have to provide notices to members regarding their share of dues to which the expenditures
are allocable. See
Form 990 instructions and Rev. Proc. 98-19, 1998-1 C.B. 547 for exceptions and other details.
If the organization elects not to provide the notices described above, it must pay the proxy tax described in section 6033(e)(2).
If the
organization does not include the entire amount of allocable dues in the notices, it may have to pay the proxy tax. This tax
is not applicable to
section 501(c)(3) organizations. Figure the proxy tax by multiplying the aggregate amount not included in the notices described
above by 35%. No
deductions are allowed.
Line 38—Alternative Minimum Tax
Organizations liable for tax on unrelated business taxable income may be liable for alternative minimum tax on certain adjustments
and tax
preference items. Trusts attach Schedule I, Alternative Minimum Tax, of Form 1041 and enter any tax from Schedule I on this
line. A corporation,
unless it is treated as a “small corporation” exempt from the alternative minimum tax, may have to attach Form 4626, Alternative Minimum
Tax—Corporations, and enter any tax from Form 4626 on this line. See the Instructions for Form 4626 for the definition of
a small corporation.
Line 40a—Foreign Tax Credit
-
Corporations. See Form 1118, Foreign Tax Credit—Corporations, for an explanation of when a corporation can take this credit
for payment of income tax to a foreign country or U.S. possession.
-
Trusts. See Form 1116, Foreign Tax Credit (Individual, Estate, Trust, or Nonresident Alien Individual), for rules on how the
trust computes the foreign tax credit.
Complete the form that applies to the organization and attach the form to its Form 990-T. Enter the credit on this line.
-
Qualified electric vehicle credit. Include on line 40b any credit from Form 8834, Qualified Electric Vehicle Credit, if the
organization can claim a credit for the purchase of a new qualified electric vehicle.
-
Clean renewable energy bond credit and gulf bond credit. Complete and attach Form 8912.
Line 40c—General Business Credit
Enter on line 40c the organization's total general business credit (excluding the Indian employment credit, the work opportunity
credit, the
welfare-work credit, and the empowerment zone and renewal community employment credit).
The organization is required to file Form 3800, General Business Credit, to claim any business credit not listed below. For
a list of credits, see
Form 3800. Check the “Form 3800” box and include the allowable credit from Part II, line 19 of Form 3800, on line 40c of Form 990-T.
If the organization is filing Form 6478, Credit for Alcohol Used as Fuel; or Form 8835, Renewable Electricity, Refined Coal,
and Indian Coal
Production Credit, with a credit from Section B, check the “Form(s)” box, enter the form number in the space provided, and include the allowable
credit on line 40c.
Line 40d—Credit for Prior Year Minimum Tax
Use Form 8801 to figure the minimum tax credit and any carryforwards of that credit for trusts. For corporations, use
Form 8827.
Recapture of investment credit.
If property is disposed of, or ceases to be qualified property, before the end of the recapture period or the useful
life applicable to the
property, there may be a recapture of the credit. See Form 4255, Recapture of Investment Credit.
Recapture of low-income housing credit.
If the organization disposed of property (or there was a reduction in the qualified basis of the property) for which
it took the low-income housing
credit, it may owe a tax. See Form 8611, Recapture of Low-Income Housing Credit, and section 42(j) for details.
Interest due under the look-back method.
If the organization used the look-back method for certain long-term contracts, see Form 8697 for information on figuring
the interest the
organization may have to include. The organization may also have to include interest due under the look-back method for property
depreciated under the
income forecast method. See Form 8866, Interest Computation Under the Look-Back Method for Property Depreciated Under the
Income Forecast Method.
Other.
Additional taxes and interest amounts may be included in the total entered on line 42. Check the box for “ Other” if the organization includes
any of the taxes and interest discussed later. See How to report, later, for details on reporting these amounts on an attached schedule.
-
Recapture of qualified electric vehicle (QEV) credit. The organization must recapture part of the QEV credit it claimed in
a prior year if
within 3 years of the date the vehicle was placed in service, it ceases to qualify for the credit. See Regulations section
1.30-1 for details on how
to figure the recapture.
-
Tax and interest on a nonqualified withdrawal from a capital construction fund (section 7518).
-
Interest on deferred tax attributable to (a) installment sales of certain timeshares and residential lots (section 453(l)(3))
and (b)
certain nondealer installment obligations (section 453A(c)).
-
Interest due on deferred gain
(section 1260(b)).
-
If the organization makes the election to be taxed on its income from qualifying shipping activities, complete and attach
Form 8902 to Form
990-T. See Income from qualifying shipping activities
on page 10.
How to report.
If the organization checked the “ Other” box, attach a schedule showing the computation of each item included in the total for line 42. In
addition, identify (a) the applicable Code section, (b) the type of tax or interest, and (c) enter the amount of tax or interest.
For example, if the
organization is reporting $100 of tax due from the recapture of the QEV credit, write “ Section 30-QEV recapture tax—$100” on the attached
schedule.
Include any deferred tax on the termination of a section 1294 election applicable to shareholders in a qualified electing
fund in the amount
entered on line 43. See Form 8621, Part V, and How to report, below.
Subtract from the total entered on line 43 any deferred tax on the corporation's share of undistributed earnings of a qualified
electing fund (see
Form 8621, Part II).
How to report.
Attach a schedule showing the computation of each item included in, or subtracted from, the total on line 43. On the
dotted line next to line 43,
specify (a) the applicable Code section, (b) the type of tax, and (c) enter the amount of tax.
Enter the total estimated tax payments made for the tax year.
If an organization is the beneficiary of a trust, and the trust makes a section 643(g) election to credit its estimated tax
payments to its
beneficiaries, include the organization's share of the estimated tax payment in the total amount entered here. In the entry
space to the left of line
44b, write “T” and the amount attributable to it.
Line 44d—Foreign Organizations
Enter the tax withheld on unrelated business taxable income from U.S. sources that is not effectively connected with the conduct
of a trade or
business within the United States. Attach Form 1042-S, Foreign Person's U.S. Source Income Subject to Withholding, or other
form which verifies the
withheld tax reported on line 44d.
Line 44e—Backup Withholding
Recipients of dividend or interest payments must generally certify their correct tax identification number to the bank or
other payer on Form W-9.
If the payer does not get this information, it must withhold part of the payments as “backup withholding.” If your organization was subject to
erroneous backup withholding because the payer did not realize you were an exempt organization and not subject to this withholding,
you can claim
credit for the amount withheld by including it on line 44e. See Backup withholding under Which Parts To Complete beginning on
page 5.
Line 44f—Credit for Federal Telephone Excise Tax Paid
If a tax-exempt organization, government entity, Indian tribal government, or eligible pension plan was billed after February
28, 2003, and before
August 1, 2006, for the federal telephone excise tax on long distance or bundled service, the organization may be able to
request a credit for the tax
paid. The organization had bundled service if its local and long distance service was provided under a plan that does not
separately state the charge
for local service. The organization cannot request the credit if it has already received a credit or refund from its service
provider. If the
organization requests the credit, it cannot ask its service provider for a credit or refund and must withdraw any request
previously submitted to its
provider.
The organization can request the credit by attaching Form 8913, Credit for Federal Telephone Excise Tax Paid, showing the
actual amount the entity
paid. The organization also may be able to request the credit based on an estimate of the amount paid. See Form 8913 for details.
In either case, the
organization must keep records to substantiate the amount of the credit requested.
If a tax-exempt organization, government entity, Indian tribal government or eligible pension plan is filing Form 990-T only to request
a credit for federal excise tax on long-distance telephone service, complete the following steps:
1. Fill in the heading (the area abovePart I) except items E, H, and I.
2. Enter -0- on the line 13, column (A), line 34, and line 43.
3. Enter the credit from Form 8913 on line 44f.
4. Complete lines 45, 48, 49 and the signature area.
5. Write “ Request for TETR Credit” on the top of the Form 990-T.
Line 44g—Other Credits and Payments
Check the appropriate box(es) and enter:
-
From Form 2439, the credit from regulated investment company (RIC) or real estate investment trust (REIT). Also, attach Form
2439, Notice to
Shareholder of Undistributed Long-Term Capital Gains. If you are filing a composite Form 990-T, see Composite Form 990-T under Which
Parts To Complete beginning on page 5 of these instructions.
-
From Form 4136, the credit for federal tax paid on fuels. Also, attach Form 4136, Credit for Federal Tax Paid on Fuels, if
the organization
qualifies to take this credit.
-
The credit for ozone-depleting chemicals. Include any credit the organization is claiming under section 4682(g) for taxes
paid on chemicals
used as propellants in metered-dose inhalers.
After entering these amounts in the appropriate spaces, add them all together and enter the total on line 44g.
Form 8849, Claim for Refund of Excise Taxes, may be used to claim a periodic refund of excise taxes instead of waiting to
claim a credit on Form
4136. See the instructions for Form 8849 and Pub. 378, Fuel Tax Credits and Refunds, for more information.
Domestic organizations owing less than $500 and foreign organizations that do not have an office or place of business in the
United States should
enclose a check or money order (in U.S. funds), made payable to the “United States Treasury,” with Form 990-T.
Domestic organizations owing $500 or more and foreign organizations with an office or place of business in the United States
should see
Depository Method of Tax Payment on page 4.
Part V—Statements Regarding Certain Activities and Other Information
Complete all items in Part V.
Line 1.
Check “ Yes” if either 1 or 2 below applies:
-
At any time during the year the organization had an interest in or signature or other authority over a financial account in
a foreign
country (such as a bank account, securities account, or other financial account); and
-
The combined value of the accounts was more than $10,000 at any time during the year; and
-
The accounts were not with a U.S. military banking facility operated by a U.S. financial institution.
-
The organization owns more than 50% of the stock in any corporation that would answer “Yes” to item 1 above.
If the “ Yes” box is checked, write the name of the foreign country or countries. Attach a separate sheet if more space is needed.
Get Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts, to see if the organization is considered to
have an interest in or signature
or other authority over a financial account in a foreign country (such as a bank account, securities account, or other financial
account). The
organization can obtain Form TD F 90-22.1 from the IRS Forms Distribution Center or by calling 1-800-TAX-FORM (1-800-829-3676)
or by downloading it
from the IRS website at
www.irs.gov. If the organization is required to file this form, file it by
June 30, 2007, with the Department of the Treasury at the address shown on the form. Do not file it with the IRS or attach
it to Form 990-T.
Line 2.
The organization may be required to file Form 3520, Annual Return To Report Transactions With Foreign Trusts and Receipt
of Certain Foreign Gifts,
if:
-
It directly or indirectly transferred money or property to a foreign trust. For this purpose, any U.S. person who created
a foreign trust is
considered a transferor.
-
It is treated as the owner of any part of the assets of a foreign trust under the grantor trust rules.
-
It received a distribution from a foreign trust.
For more information, see the instructions for Form 3520.
An owner of a foreign trust must ensure that the trust files an annual information return on Form 3520-A, Annual Information
Return of Foreign
Trust With a U.S. Owner. For details, see the Instructions for Form 3520-A.
Line 3.
Report any tax-exempt interest received or accrued in the space provided. Include any exempt-interest dividends received
as a shareholder in a
mutual fund or other regulated investment company.
Corporations.
The return must be signed and dated by the president, vice president, treasurer, assistant treasurer, chief accounting
officer, or by any other
corporate officer (such as tax officer) authorized to sign. Receivers, trustees, or assignees must also sign and date any
return filed on behalf of
the organization.
Trusts.
The return must be signed and dated by the individual fiduciary, or by the authorized officer of the trust receiving
or having custody or control
and management of the income of the trust. If two or more individuals act jointly as fiduciaries, any one of them may sign.
Special rule for IRA trusts.
A trustee of IRA trusts may use a facsimile signature if all of the following conditions are met:
-
Each group of returns sent to the IRS must be accompanied by a letter signed by the person authorized to sign the returns
declaring, under
penalties of perjury, that the facsimile signature appearing on the returns is the signature adopted by that person to sign
the returns filed and that
the signature was affixed to the returns by that person or at that person's direction.
-
The letter must also list each return by the name and EIN of the IRA trust.
-
After the facsimile signature is affixed, no entries on the return may be altered other than to correct discernible arithmetic
errors.
-
A manually signed copy (of the letter submitted to the IRS with the returns and a record of any arithmetic errors corrected)
must be
retained on behalf of the IRA trusts listed in the letter and it must be available for inspection by the IRS.
Paid preparer.
If an officer of the organization filled in its return, the paid preparer's space should remain blank. Anyone who
prepares the return but does not
charge the organization should not sign the return. Certain others who prepare the return should not sign. For example, a
regular, full-time employee
of the organization, such as a clerk, secretary, etc., should not sign.
Generally, anyone who is paid to prepare the organization's tax return must sign it and fill in the “ Paid Preparer's Use Only” area.
The paid preparer must complete the required preparer information:
Note.
A paid preparer may sign original returns, amended returns, or requests for filing extensions by rubber stamp, mechanical
device, or computer
software program.
Paid Preparer Authorization.
If the organization wants to allow the IRS to discuss its 2006 tax return with the paid preparer who signed it, check
the “ Yes” box in the
signature area of the return. This authorization applies only to the individual whose signature appears in the “ Paid Preparer's Use Only” section
of its return. It does not apply to the firm, if any, shown in that section.
If the “ Yes” box is checked, the organization is authorizing the IRS to call the paid preparer to:
-
Give the IRS any information that is missing from its return,
-
Call the IRS for information about the processing of its return or the status of its refund or payment(s), and
-
Respond to certain IRS notices that the organization has shared with the preparer about a math error, offsets, and return
preparation. The
notices will not be sent to the preparer.
The organization is not authorizing the paid preparer to receive any refund check, bind the organization to anything
(including any additional tax
liability), or otherwise represent the organization before the IRS. If the organization wants to expand the paid preparer's
authorization, see Pub.
947, Practice Before the IRS and Power of Attorney.
The authorization cannot be revoked. However, the authorization will automatically end no later than the due date
(excluding extensions) for filing
the 2007 Form 990-T.
Schedule A—Cost of Goods Sold
Generally, inventories are required at the beginning and end of each tax year if the production, purchase, or sale of merchandise
is an
income-producing factor. See Regulations section 1.471-1.
However, if the organization is a qualifying taxpayer or a qualifying small business taxpayer, it may adopt or change its
accounting method to
account for inventoriable items in the same manner as materials and supplies that are not incidental (unless its business
is a tax shelter (as defined
in section 448(d)(3))).
A qualifying taxpayer is a taxpayer that, for each prior tax year ending after December 16, 1998, has average annual gross
receipts of $1 million
or less for the 3-tax-year period ending with that prior tax year.
A qualifying small business taxpayer is a taxpayer (a) that has average annual gross receipts of $10 million or less for the
3-tax-year period
ending with that prior tax year, and (b) whose principle business activity is not an ineligible activity.
Under this accounting method, inventory cost for raw materials purchased for use in producing finished goods and merchandise
purchased for resale
are deductible in the year the finished goods or merchandise are sold (but not before the year the organization paid for the
raw materials or
merchandise, if it is also using the cash method). For additional guidance on this method of accounting for inventoriable
items, see Pub. 538 and the
Instructions for Form 3115.
Enter amounts paid for all raw materials and merchandise during the tax year on line 2. The amount the organization can deduct
for the tax year is
figured on line 7.
All filers not using the cash method of accounting should see Section 263A uniform capitalization rules in the instructions
for Limitations on
Deductions on page 12 before completing Schedule A. The instructions for lines 4a, 4b, and 6 below apply to Schedule A.
Inventory valuation methods.
Inventories can be valued at:
-
Cost as described in Regulations section 1.471-3,
-
Lower of cost or market as described in Regulations section 1.471-4, or
-
Any other method approved by the IRS that conforms to the requirements of the applicable regulations cited below.
However, if the organization is using the cash method of accounting, it is required to use cost.
A small producer is one whose average annual gross receipts are $1 million or less. Small producers that account for
inventories in the same manner
as materials and supplies that are not incidental may currently deduct expenditures for direct labor and all indirect costs
that would otherwise be
included in inventory costs.
The average cost (rolling average) method of valuing inventories generally does not conform to the requirement of
the regulations. See Rev. Rul.
71-234, 1971-1 C.B. 148.
Organizations that use erroneous valuation methods must change to a method permitted for federal income tax purposes.
File Form 3115 to make this
change.
Inventory may be valued below cost when the merchandise is unsalable at normal prices, or unusable in the normal way
because the goods are
subnormal because of damage, imperfections, shop wear, etc., within the meaning of Regulations section 1.471-2(c). The goods
may be valued at the
current bona fide selling price, minus direct cost of disposition (but not less than scrap value) if such a price can be established.
If this is the first year the Last-in First-out (LIFO) inventory method was either adopted or extended to inventory
goods not previously valued
under the LIFO method provided in section 472, attach Form 970, Application To Use LIFO Inventory Method, or a statement with
the information required
by
Form 970.
If the organization changed or extended its inventory method to LIFO and had to write up the opening inventory to
cost in the year of election,
report the effect of this write up as other income (line 12, page 1) proportionately over a 3-year period that begins in the
tax year the LIFO
election was made (section 472(d)).
Schedule A, line 1.
If the organization is changing its method of accounting to no longer account for inventories, it must refigure last
year's closing inventory using
the new method of accounting and enter the result on line 1. If there is a difference between last year's closing inventory
and the refigured amount,
attach an explanation and take it into account when figuring the organization's section 481(a) adjustment (explained on page
6).
Schedule A, line 4a.
An entry is required on this line only for organizations that have elected a simplified method of accounting.
For organizations that have elected the simplified production method, additional section 263A costs are generally
those costs, other than interest,
that are now required to be capitalized under section 263A but that were not capitalized under the organization's method of
accounting immediately
prior to the effective date of section 263A. For details, see Regulations section 1.263A-2(b).
For organizations that have elected the simplified resale method, additional section 263A costs are generally those
costs incurred with respect to
the following categories: off-site storage or warehousing; purchasing; handling, such as processing, assembling, repackaging,
and transporting; and
general and administrative costs (mixed service costs). For details, see Regulations section 1.263A-3(d).
Enter on line 4a the balance of section 263A costs paid or incurred during the tax year not included on lines 2 and
3.
Schedule A, line 4b.
Enter on line 4b any costs paid or incurred during the tax year not entered on lines 2 through 4a.
Schedule A, line 6.
See Regulations sections 1.263A-1 through 1.263A-3 for details on figuring the amount of additional section 263A costs
to be included in ending
inventory.
If the organization accounts for inventories in the same manner as materials and supplies that are not incidental,
enter on line 6 the portion of
its raw materials and merchandise purchased for resale that are included on line 5 and were not sold during the year.
Section 501(c)(7), (9), and (17) organizations, enter gross rents on Part I, line 6, and applicable expenses on Part II, lines
14 through 28. All
rents except those that are exempt function income must be included.
All organizations that have applicable rent income, other than section 501(c)(7), (9), and (17) organizations, should complete
Schedule C on page 3
of the return. For organizations other than section 501(c)(7), (9), and (17) organizations, only the following rents are taxable
in Part I, line 6:
-
Rents from personal property leased with real property, if the rents from the personal property are more than 10% of the total
rents
received or accrued under the lease, determined at the time the personal property is placed in service.
-
Rents from real and personal property if:
-
More than 50% of the total rents received or accrued under the lease are for personal property; or
-
The amount of the rent depends on the income or profits derived by any person from the property leased (except an amount based
on a fixed
percentage of receipts or sales).
A redetermination of the percentage of rent for personal property is required when either:
-
There is an increase of 100% or more by the placing of additional or substitute personal property in service; or
-
There is a modification of the lease that changes the rent charged.
Rents from both real and personal property not taxable in Part I, line 6, may be taxable on line 8 if the income is from a
controlled organization
or on line 7 if the property is debt-financed. Taxability of the rents must be considered in that order; that is, rents not
taxed on line 6 may be
taxed on line 8 and rents not taxed on line 6 or line 8 may be taxed on line 7.
Rents from personal property that is not leased with real property should be reported on line 12 of Part I.
See Form 8582 (for trusts) or Form 8810 (for corporations) and section 469 for limitations on losses from rental activities.
Schedule E—Unrelated Debt-Financed Income
Schedule E applies to all organizations except sections 501(c)(7), (9), and (17) organizations.
When debt-financed property is held for exempt purposes and other purposes, the organization must allocate the basis, debt,
income, and deductions
among the purposes for which the property is held. Do not include in Schedule E amounts allocated to exempt purposes.
For section 514 purposes, do not treat an interest in a qualified state tuition program (QSTP) as debt. However, a QSTP's
investment income is
treated as debt-financed income if the QSTP incurs indebtedness when acquiring or improving income-producing property.
Column 1—Description of debt-financed property.
Any property held to produce income is debt-financed property if at any time during the tax year there was acquisition
indebtedness outstanding for
the property. When any property held for the production of income by an organization is disposed of at a gain during the tax
year, and there was
acquisition indebtedness outstanding for that property at any time during the 12-month period before the date of disposition,
the property is
debt-financed property. Securities purchased on margin are considered debt-financed property if the liability incurred in
purchasing them remains
outstanding.
Acquisition indebtedness is the outstanding amount of principal debt incurred by the organization to acquire or improve
the property:
-
Before the property was acquired or improved, if the debt was incurred because of the acquisition or improvement of the property;
or
-
After the property was acquired or improved, if the debt was incurred because of the acquisition or improvement, and the organization
could
reasonably foresee the need to incur the debt at the time the property was acquired or improved.
With certain exceptions, acquisition indebtedness does not include debt incurred by:
-
A qualified (section 401) trust in acquiring or improving real property. See section 514(c)(9) for more details.
-
A tax-exempt school (section 170(b)(1)(A)(ii)) and its affiliated support organizations (section 509(a)(3)) for indebtedness
incurred after
July 18, 1984.
-
An organization described in section 501(c)(25) in tax years beginning after December 31, 1986.
-
An obligation, to the extent that it is insured by the Federal Housing Administration, to finance the purchase, rehabilitation,
or
construction of housing for low and moderate income persons, or indebtedness incurred by a small business investment company
licensed after October
22, 2004, under the Small Business Investment Act of 1958 if such indebtedness is evidenced by a debenture issued by such
company under section 303(a)
of that Act, and held or guaranteed by the Small Business Administration (see section 514(c)(6)(B) for limitations).
-
A retirement income account described in section 403(b)(9) of the Internal Revenue Code in acquiring or improving real property
in tax years
beginning on or after August 17, 2006.
See Pub. 598 for additional exceptions to the rules for debt-financed property.
Column 2.
Income is not unrelated debt-financed income if it is otherwise included in unrelated business taxable income. For
example, do not include rents
from personal property shown in Schedule C, or rents and interest from controlled organizations shown in Schedule F.
Column 4.
Average acquisition indebtedness for any tax year is the average amount of the outstanding principal debt during the
part of the tax year the
property is held by the organization. To figure the average amount of acquisition debt, determine the amount of the outstanding
principal debt on the
first day of each calendar month during that part of the tax year that the organization holds the property. Add these amounts
together, and divide the
result by the total number of months during the tax year that the organization held the property. See section 514(a) and the
related regulations for
property acquired for an indeterminate price.
Column 5.
The average adjusted basis for debt-financed property is the average of the adjusted basis of the property on the
first and last days during the
tax year that the organization holds the property. Determine the adjusted basis of property under section 1011. Adjust the
basis of the property by
the depreciation for all earlier tax years, whether or not the organization was exempt from tax for any of these years. Similarly,
for tax years
during which the organization is subject to tax on unrelated business taxable income, adjust the basis of the property by
the entire amount of
allowable depreciation, even though only a part of the deduction for depreciation is taken into account in figuring unrelated
business taxable income.
If no adjustments to the basis of property under section 1011 apply, the basis of the property is cost.
See section 514(d) and the related regulations for the basis of debt-financed property acquired in a complete or partial
liquidation of a
corporation in exchange for its stock.
Column 7.
The amount of income from debt-financed property included in unrelated trade or business income is figured by multiplying
the property's gross
income by the percentage obtained from dividing the property's average acquisition indebtedness for the tax year by the property's
average adjusted
basis during the period it is held in the tax year. This percentage cannot be more than 100%.
Column 8.
For each debt-financed property, deduct the same percentage (as determined above) of the total deductions that are
directly connected to the income
(including the dividends-received deductions allowed by sections 243, 244, and 245). However, if the debt-financed property
is depreciable property,
figure the depreciation deduction by the straight line method only, and enter the amount in column 3(a).
For each debt-financed property, attach schedules showing separately a computation of the depreciation deduction (if
any) reported in column 3(a)
and a breakdown of the expenses included in column 3(b). Corporations owning stock that is unrelated debt-financed property
should see Schedule C
(Dividends and Special Deductions) of Form 1120, U.S. Corporation Income Tax Return, to determine the dividends-received deductions
to include in
column 3(b).
Enter on the last line of Schedule E, the total dividends-received deductions (after reduction, when applicable, by
the debt-basis percentage(s))
included in column 8.
When a capital loss for the tax year may be carried back or carried over to another tax year, the amount to carry
over or back is figured by using
the percentage determined above. However, in the year to which the amounts are carried, do not apply the debt-basis percentage
to determine the
deduction for that year.
Example 1.
An exempt organization owns a four-story building. Two floors are used for an exempt purpose and two floors are rented (as
an unrelated trade or
business) for $10,000. Expenses are $1,000 for depreciation and $5,000 for other expenses that relate to the entire building.
The average acquisition
indebtedness is $6,000, and the average adjusted basis is $10,000. Both apply to the entire building.
To complete Schedule E for this example, describe the property in column 1. Enter $10,000 in column 2 (since the entire amount
is for debt-financed
property), $500 and $2,500 in columns 3(a) and 3(b), respectively (since only one-half of the expenses are for the debt-financed
property), $3,000 and
$5,000 in columns 4 and 5, respectively (since only one-half of the acquisition indebtedness and the average adjusted basis
are for debt-financed
property), 60% in column 6, $6,000 in column 7, and $1,800 in column 8.
Example 2.
Assume the same facts as in Example 1, except the entire building is rented out as an unrelated trade or business for $20,000. To
complete Schedule E for this example, enter $20,000 in column 2, $1,000 and $5,000 in columns 3(a) and 3(b), respectively
(since the entire amount is
for debt-financed property), $6,000 and $10,000 in columns 4 and 5 (since the entire amount is for debt-financed property),
60% in column 6, $12,000
in column 7, and $3,600 in column 8.
Schedule F—Interest, Annuities, Royalties, and Rents From Controlled Organizations
Interest, annuities, royalties, and rents received or accrued (directly or indirectly) by a controlling organization from
a controlled organization
are subject to tax, whether or not the activity conducted by the controlling organization to earn these amounts is a trade
or business or is regularly
carried on.
Controlled organization.
An entity is a “ controlled organization” if the controlling organization owns:
-
By vote or value more than 50% of a corporation's stock (for an organization that is a corporation);
-
More than 50% of a partnership's profits or capital interests (for an organization that is a partnership); or
-
More than 50% of the beneficial interests in an organization (for an organization other than a corporation or partnership).
-
By vote or value more than 50% of a corporation's stock (for an organization that is a corporation);
-
More than 50% of a partnership's profits or capital interests (for an organization that is a partnership); or
-
More than 50% of the beneficial interests in an organization (for an organization other than a corporation or partnership).
To determine the ownership of stock in a corporation, apply the principles of section 318 (constructive ownership of stock).
Apply similar
principles to determine the ownership of interests in partnership or any other organization.
Specified payment.
Specified payment means any payment of interest, annuities, royalties, or rents. Include the specified payment in
gross income to the extent that
the payment reduces the net unrelated income (or increases the net unrelated loss) of the controlled organization. If any
part of a specified payment
is included in gross income, Schedule F must be completed.
Qualifying specified payments.
Qualifying specified payments means any payment of interest, annuities, royalties, or rents received or accrued from
the controlled organization
after December 31, 2005, and before January 1, 2008, pursuant to a binding written contract that was in effect on August 17,
2006, or is a renewable
contract under substantially similar terms of a contract in effect on August 17, 2006. Qualifying specified payments are subject
to tax only on the
amount that exceeds what would have been paid or accrued if such payment had been determined under the principles of section
482.
Columns 1 and 2.
List every controlled entity and its employer identification number from which your organization received interest,
annuities, royalties, or rents.
For each of the columns, if a controlled organization makes specified payments, some of which are qualifying specified payments
and some of which are
not, report the qualifying specified payments on one line and all other specified payments on another line. Thus, the organization
must repeat the
name of any controlled organization from which the organization receives both specified payments and qualifying specified
payments.
Column 3.
Enter the net unrelated income (or net unrelated loss) of each controlled entity listed that is exempt from tax under
section 501(a).
Column 7.
Enter each controlled organization's taxable income.
Column 8.
Enter the net unrelated income (or net unrelated loss) of each controlled entity that is listed that is not exempt
from tax under section 501(a).
Net unrelated income is that portion of the controlled entity's taxable income that would be unrelated business taxable income
if the entity were
exempt under section 501(a) and had the same exempt purposes as the controlling organization. Net unrelated loss is the controlled
organization's net
operating loss adjusted under rules similar to those used to determine net unrelated income.
Column 4 or 9.
For each controlled organization, enter the total of specified payments received from each controlled organization.
If the organization received
both specified payments and qualifying specified payments from a controlled organization, enter specified payments on one
line and qualifying
specified payments on another so that there are dual entries for that controlled organization.
Column 5 or 10.
For specified payments, enter the portion of columns 4 or 9 to the extent that the payment reduced the net unrelated
income (or increased the net
unrelated loss) of the controlled entity.
For qualifying specified payments, enter the portion of columns 4 or 9 that is in excess of the amount that would have been
received or accrued if
the payment had been determined under the principles of section 482 to the extent that such excess reduced the net unrelated
income (or increased any
unrelated loss) of the controlled organization. Enter -0- if there is no such excess.
Column 6 or 11.
Enter only those deductions directly connected with the income entered in column 5 or 10.
With respect to qualifying specified payments, enter only that portion of expenses that are directly connected to the amounts
included in columns 5
or 10, that is, the excess of the payment over the fair market value amount as determined in accordance with section 482.
Do not enter any expenses
relating to the portion of such payment that is not includible in income under this special rule.
For valuation misstatements, the Code imposes a 20% addition to tax. See section 512(b)(13)(E)(ii) for details.
Schedule G—Investment Income of a Section 501(c)(7), (9), or (17) Organization
Generally, for section 501(c)(7), (9), or (17) organizations, unrelated trade or business income includes all gross income
from nonmembers with
certain modifications. See section 512(a)(3)(A). Report on Schedule G all income from investments in securities and other
similar investment income
from nonmembers, including 100% of income and directly connected expenses from debt-financed property. Do not report nonmember
income from
debt-financed property on Schedule E.
All section 501(c)(7), (9), and (17) organizations figure their investment income using Schedule G. Do not include interest
on state and local
governmental obligations described in section 103(a).
Investment income includes all income from debt-financed property.
Deduct only those expenses that are directly connected to the net investment income. Allocate deductions between exempt activities
and other
activities where necessary. The organization may not take the dividends-received deductions in figuring net investment income
because they are not
treated as directly connected with the production of gross income.
Section 501(c)(7), (9), and (17) organizations may set aside income that would otherwise be taxable under section 512(a)(3).
However, income
derived from an unrelated trade or business may not be set aside and thus cannot be exempt function income. In addition, any
income set aside and
later expended for other purposes must be included in income.
Section 501(c)(7), (9), and (17) organizations will not be taxed on income set aside for:
-
Religious, charitable, scientific, literary, or educational purposes, or for the prevention of cruelty to children or animals;
-
The payment of life, sick, accident, or other benefits by a section 501(c)(9) or (17) organization. The amount allowed as
a set aside may
not exceed a limit determined using section 419A. See sections 419A and 512(a)(3)(E) for details;
-
Reasonable administration costs directly connected with 1 and 2 above.
Report income set aside in column 4 of Schedule G. Amounts set aside are not deductible under section 170 or any other section
of the Code.
The organization may elect to treat income set aside by the date for filing the return, including any extensions of time,
as income set aside in
the tax year for which the return is filed. The income set aside must have been includible in gross income for that earlier
tax year.
Although set aside income may be accumulated, any accumulation that is unreasonable will be evidence that the set aside was
not for the purposes
described above.
Net investment income set aside must be specifically earmarked as such, or placed in a separate account or fund (except for
an employees'
association which, by the terms of its governing instrument, must use its net investment income for the purposes stated in
2 above).
These rules apply to a corporation described in section 501(c)(2) (title holding corporation) whose income is payable to an
organization described
in section 501(c)(7), (9), or (17) if it files a consolidated return with the section 501(c)(7), (9), or (17) organization.
If a section 501(c)(7), (9), or (17) organization (or a title holding corporation described above) sells property that was
used for the exempt
function of the section 501(c)(7), (9), or (17) organization, and buys other property used for the organization's exempt function
within a period
beginning 1 year before the date of the sale, and ending 3 years after the date of the sale, the gain from the sale will be
recognized only to the
extent that the sales price of the old property is more than the cost of the other property. The other property need not be
similar in type or use to
the old property. The organization must notify the IRS of the sale by a statement attached to the return, or other written
notice.
To compute the gain on the sale of depreciable property, see the instructions for column 5 of Schedule E to determine the
adjusted basis of the
property.
Schedule I—Exploited Exempt Activity Income, Other Than Advertising Income
A section 501(c)(7), (9), or (17) organization does not report exploited exempt activity income in Schedule I. Report the
income in Part I, line 1a
instead, or the appropriate line for the particular kind of income.
Exempt organizations (other than section 501(c)(7), (9), or (17) organizations) that have gross income from an unrelated trade
or business activity
that exploits an exempt activity (other than advertising income) should complete Schedule I. See Regulations section 1.513-1(d)(4)(iv)
for a
definition of exploited exempt activity.
An organization may take all deductions directly connected with the gross income from the unrelated trade or business activity.
In addition, the
organization may take into account all deductible items attributable to the exploited exempt activity, with the following
limitations:
-
Reduce the deductible items of the exempt activity by the income from the activity;
-
Limit the net amount of deductible items arrived at in 1 above for the exempt activity to the net unrelated business income
from the
exploited exempt activity;
-
Exclude income and expenses of the exempt activity in figuring a loss carryover or carryback from the unrelated trade or business
activity
exploiting the exempt activity; and
-
Exclude deductible items of the exempt activity in figuring unrelated trade or business income from an activity that is not
exploiting the
same exempt activity.
Therefore, the net includible exploited exempt activity income is the unrelated business taxable income minus the excess of
the exempt activity
expenses over the exempt activity income. If the income from the exempt activity exceeds the exempt activity expenses, do
not add that profit to the
net income from the unrelated business activity. If two or more unrelated trade or business activities exploit the same exempt
activity, treat those
activities as one on Schedule I. Attach a separate schedule showing the computation.
Schedule J—Advertising Income
A section 501(c)(7), (9), or (17) organization does not report advertising income on Schedule J. Instead, report that income
in Part I, line 1a.
An exempt organization (other than a section 501(c)(7), (9), or (17) organization) that earned gross income from the sale
of advertising in an
exempt organization periodical must complete Schedule J. The part of the advertising income taken into account is determined
as follows:
-
If direct advertising costs (expenses directly connected with advertising income) are more than advertising income (unrelated
business
income), deduct that excess in figuring unrelated business taxable income from any other unrelated trade or business activity
carried on by the
organization.
-
If advertising income is more than direct advertising costs, and circulation income (exempt activity income) equals or exceeds
readership
costs (exempt activity expenses), then unrelated business taxable income is the excess of advertising income over direct advertising
costs.
-
If advertising income is more than direct advertising costs, and readership costs are more than circulation income, then unrelated
business
taxable income is the excess of total income (advertising income and circulation income) over total periodical costs (direct
advertising costs and
readership costs).
-
If the readership costs are more than the circulation income, and the net readership costs are more than the excess of advertising
income
over direct advertising costs, no loss is allowable. See Regulations section 1.512(a)-1(f)(2)(ii)(b).
For allocating membership receipts to circulation income, see Rev. Rul. 81-101, 1981-1 C.B. 352.
Consolidated periodicals.
If an organization publishes two or more periodicals, it may elect to treat the gross income for all (but not less
than all) periodicals, and
deductions directly connected with those periodicals (including excess readership costs), as if the periodicals were one to
determine its unrelated
business taxable income. This rule only applies to periodicals published for the production of income. A periodical is considered
published for the
production of income if gross advertising income of the periodical is at least 25% of the readership costs, and the periodical
is an activity engaged
in for profit.
Schedule K—Compensation of Officers, Directors, and Trustees
Complete columns 1 through 4, Schedule K, for those officers, directors, and trustees whose salaries or other compensation
are allocable to
unrelated business gross income. Do not include in column 4 compensation that is deducted on lines 15, 28, or Schedules A
through J of Form 990-T.
Include on Schedule K (or elsewhere on the return) only compensation that is directly attributable to the unrelated trade
or business activities of
the organization. If personnel is used both to carry on exempt activities and to conduct unrelated trade or business activities,
the salaries and
wages of those individuals will be allocated between the activities. For example, assume an exempt organization derives gross
income from the conduct
of certain unrelated trade or business activities. The organization pays its president a salary of $65,000 a year. Ten percent
of the president's time
is devoted to the unrelated business activity. On Form 990-T, the organization enters $6,500 (10% of $65,000) on Schedule
K for the part of the
president's salary allocable to the unrelated trade or business activity. However, the remaining $58,500 (90% of $65,000)
cannot be deducted on Form
990-T because it is not directly attributable to the organization's unrelated trade or business activities.
If taxable fringe benefits are provided to your employees, such as personal use of a car, do not deduct as salaries and wages
the amounts you
deducted for depreciation and other deductions.
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