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Federal Taxation Issues for Tax-exempt Non-profit Organizations

Answer
Q:
Do tax-exempt nonprofit organizations file tax returns to IRS?
A:
In general, exempt organizations must file annual tax returns (Form 990 Series) to the IRS, even though they do not pay federal taxes

Q:
What is Form 990 series and which Form 990 to file?
A:
Form 990 is an annual information return required to be filed with the IRS by most organizations exempt from income tax under section 501(a), and certain political organizations and nonexempt charitable trusts.

Which form an exempt organization must file generally depends on its financial activity, as indicated in the chart below.

Status

Form to File

Gross receipts normally ≤ $50,000

990-N

Gross receipts < $200,000, and Total assets < $500,000

990-EZ或990

Gross receipts ≥ $200,000, or Total assets ≥ $500,000

990

Private foundation - regardless of financial status

990-PF


Q:
Are all exempt organization required to file annual returns to IRS?
A:
No. There are exceptions to file annual returns (Form 990 Series), such as an integrated auxiliary of a church, or a school below college level affiliated with a church or operated by a religious order.

Q:
What information must disclose on Form 990?
A:
An exempt organization must disclose the following information on Form 990 series:

  • Describe its mission or other significant activities;
  • Disclose financial details on its revenues, expenses, assets and liabilities;
  • List officers, directors, trustees, and key employees, and compensation paid to certain persons;
  • Report the organization's exempt and other activities, finances, compliance with certain federal tax filings and requirements;
  • Additional schedules are required to be completed depending on the activities and type of organization.

Q:
When is the Form 990 Series due?
A:
The due date to file Form 990 Series is the 15th day of the 5th month after the organization's accounting period ends (May 15th for a calendar-year filer). You can electronically file Form 8868 to request a 6-month automatic extension of time, except for 990-N (postcard) filers.

Q:
Any penalty if fails to file Form 990 Series? Any penalty if fails to file Form 990 Series?
A:
Yes. If an organization does not file a required annual tax return or files late, the IRS may assess penalties. In addition, if an organization does not file as required for three consecutive years, it automatically loses its tax-exempt status.

There is no extension request for Form 990-N filers, thus there is no penalty assessments for filing Form 990-N late. If your 990-N is late, the IRS will send a reminder notice to the last address received.

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