IRS Releases Revised Publication 557
Newly revised Publication
557, issued in June 2008 and titled Tax-Exempt Status for Your Organization,
reflects the changes made to the tax laws affecting tax-exempt organizations
under the Pension Protection Act of 2006. The new version includes information
on the following changes made by the Pension Protection Act:
New requirement that section 501(c)(3)
organizations must make Form 990-T available for public inspection.
- Increase in certain excise taxes under the excess benefit transaction
rules and private foundation rules.
- Additional standards for credit counseling organizations.
- New Form 990-N and notification requirements for organizations not
required to file Form 990.
- New excess benefit transactions rules applicable to donor advised funds
and sponsoring organizations.
- New excise taxes on prohibited tax shelter arrangements.
- New requirements for supporting organizations.
- Electronic filing requirements for organizations with $10 million or
more in total assets.
IRS Issues New Guidance on Separating Charitable Remainder Trusts
In Revenue Ruling 2008-41, the IRS provides guidelines on the division of a
charitable remainder trust into two or more separate and equal charitable
remainder trusts, one for each beneficiary living at the time of division in
two particular circumstances. Under these guidelines, each trust will continue
to qualify as a charitable remainder trust under Internal Revenue Code section
The revenue ruling clarifies the treatment of divisions done in accordance
with these guidelines and provides: (1) the division is not considered a sale,
exchange, or other disposition producing gain or loss; (2) the basis of assets
remains the same; (3) the holding period of an asset includes the holding period
as held by the original trust before the division; (4) no act of self-dealing
occurs under section 4941; and (5) no taxable expenditure is made under section
4945 and “expenditure responsibility” is not required.
The ruling outlines two scenarios involving a division of a charitable
remainder trust. In one, a trust has two equal recipients of the annuity or
unitrust amount with all of the annuity or unitrust amount going to the
survivor. The other scenario involves two married recipients who are obtaining a
divorce and each separate trust terminates upon the death of the recipient with
the assets being distributed to the remainder beneficiaries.
Use of New Form 990 and Other IRS Matters
At a recent conference, IRS Exempt Organizations Division Director Lois
Lerner indicated that several new questions on the Form 990, including those
concerning unrelated business income, political activities, executive
compensation, foreign activity, and conflicts of interest, may inspire new
compliance initiatives. Ms. Lerner stated that no one question or answer would
trigger an audit, but in the context of other information, answers may lead to
The IRS plans to begin its compliance project focusing on colleges and
universities by sending out a questionnaire to 400-500 private and public
colleges and universities. The project was delayed after the IRS realized
that some of the language in the questionnaire was confusing to the education
community. The questionnaires are expected to go out in late July or August.
The IRS has improved its response time for considering applications for
recognition of exemption. Agents now answer 56% of exemption letters within
60-90 days of receipt. Letters involving more complex issues take longer and
have to wait to be addressed by a more experienced agent. To further improve
this response time, the IRS is considering eliminating the five-year advance
ruling period for organizations seeking classification as a publicly-supported
organization so that final rulings would be issued from the outset and financial
information would be tracked on the new Form 990, Schedule A.
Alternative Minimum Tax and Extenders Tax Relief Act of 2008
In June, Senate Minority Leader Mitch McConnell (R-Ky) introduced S. 3098,
the Alternative Minimum Tax and Extenders Tax Relief Act of 2008, which would
extend certain provisions from the Pension Protection Act of 2006 that expired
at the end of 2007. These provisions include the tax-free distributions from
individual retirement plans for charitable purposes, the enhanced charitable
deductions for contributions of food inventory and book inventory, and the basis
adjustment to stock of S corporations making charitable contributions of
property. The bill would extend each of these provisions until December 31,
IRS Releases Sample Charitable Lead Unitrust Provisions
On Friday, July 25, 2008, the IRS released
Revenue Procedures 2008-45 and
2008-46 providing sample forms, annotations, and alternate provisions for inter vivos and testamentary charitable lead unitrusts (CLUTs). These Revenue
Procedures follow Revenue Procedures 2007-45 and 2007-46 released last year for
charitable lead annuity trusts.
The suggested language is similar in many respects to that previously
provided for charitable remainder trusts and charitable lead annuity trusts and
to the form language used by many practitioners.
Sample forms are provided for both grantor and nongrantor inter vivos CLUTs
and for a lead period measured by one or more lives as well as a term of years.
IRS Workshops for Small- and Mid-Sized Section 501(c)(3) Organizations
The IRS Exempt Organizations Division recently announced the dates and
locations for the fall of 2008 for its one-day workshops for small- and
mid-sized section 501(c)(3) organizations. The workshops are designed for
administrators, volunteers or tax practitioners who are responsible for an
organization's tax compliance. Each presentation covers the necessary actions to
maintain tax-exempt status, actions that could jeopardize that status, and tax
compliance obligations. Pre-registration is required and more information can be
found on the IRS website from the Charities & Non-Profits page by clicking on
the Calendar of Events.
October 21, 22, and 23 in Chicago, Illinois
November 18, 19, and 20 in Detroit, Michigan
December 2, 3, and 4 in Memphis, Tennessee
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