Part IV of the 990 is 46 yes or no questions. Filling out this part of a 990 is like going back to college. So many check boxes, "No, No, No, Yes, If Yes then answer more," etc…
What is going on here?
As we have mentioned before, the IRS Form 990 is only 11 pages long, but it contains many Schedules, which can make the total page count higher than 30 pages.
Part IV
Starting on Page 3, Part IV, are 46 “yes/no” questions. How your organization responds to these questions determines whether your organization will continue to another Schedule with additional information on your organization.
Keep in mind that the officer or official that signs and submits the completed Form 990 does so under penalty of perjury that each and every question is accurate.
We DO NOT recommend guessing the answers. The answers to some questions let the IRS know of circumstances its would not have known previously, unless it audits your organization. Information from some questions is actually the IRS allowing you to self-identify activities and situations. Isn’t this so nice of them.
Take a look at Question 3. It has a good example. Question 3 asks if your organization was involved directly or indirectly with any political campaign activities on behalf of in opposition to candidates for public office. The IRS is very keen on this subject.
The federal law forbids involvement of a tax-exempt entity in any political campaign project. If the IRS determines there was action involved with politics, the organization can lose its tax-exempt status. A “yes” response to this question and the extra information regarding the involvement needed to complete Schedule C is a big red flag to the IRS.
Because of the expanded use of questions on the Form 990, if compliance is missing, you can no longer correct it while ignoring the negligent past involvement. Your organization would have to report this non-compliance in the year it occurred by answering the questions on Form 990.
Some of the questions on this page of Form 990 are less threatening to your organization. Many questions inquire about pursuits the IRS has a special interest in, and it wishes to learn more about them and when they happened. I often ponder what does the IRS truly want with these questions. What are they gathering this data for.
Look at question number 6. It inquires about donor-advised funds. This probe wants to know how your organization manages donor-advised funds and seeks additional information about administering these funds in Schedule D. This question, like many others, signals that the IRS has specific regulations relating to the subject of this question. Some of these questions really need the guidance and input of your CPA about the laws and regulations to make sure you are in compliance.
Other questions the Form 990 asks you to answer has to do with the following: whether your organization holds conservation easements, holds a collection of art works or historical treasurers, serves as a custodian of accounts, has an endowment fund, or owns land or buildings.
One of the questions that are often marked wrong is question #10. "Did the Organization hold endowment funds in assets with restrictions or board designated assets (quasi-endowment)?" Most organizations select "No" for this because they do not have endowment assets, but you need to be careful here. Some organizations have funds set aside by the board for long term investment purposes that would be considered an endowment. If your organization has these reserved funds (quasi-endowments) you need to answer "YES" to question #10... and of course fill out additional schedules.
Question 12a asks whether your organization has been audited. At first thought, you might think a “no” answer here is a good response, keep in mind that the IRS does not require audits. The reason the IRS asks questions such as this to give it an idea of your organization’s policies and procedures that oversee the operations of your organization. Even though the IRS does not mandate an audit, it thinks it is better for your organization to submit its financial records for an annual audit. Even when a “no” answer is acceptable, a “yes” to this question is preferable. In fact this question is so important that it is the only question that is asked twice in the 990. It is also asked in part XI 2b. It’s a good idea to know your audit requirements in the state that your organization is located.
Part V
On pages 3 and 4 you filled-in the Form 990 with “yes/no” responses to questions. This trend continues for pages 5 and 6 (Part V). Page 5, Part 5 has questions that refer to compliance with IRS regulations and laws.
The IRS really wants you to follow the laws and regulations and comply with the tax codes. Although you are exempt from federal income tax because of your exemption, you are still required to comply with all other IRS regulations that impact every business in the United States.
Questions in Part V, lets the IRS know if your organization needs assistance understanding the compliance laws. The IRS is most interested in making sure your organization understands the tax compliance related to tax-exempt nonprofit organizations. In this Part, the questions relate to the number of employees your organization has and whether the organization filed all the payroll tax during the year.
Question 3 is about Unrelated Business Income or UBI. When your organization is involved with income-producing activities unrelated to your tax-exempt mission or cause, this is a UBI situation.
The federal law prohibits excessive collecting of income through UBI projects. A small amount of money from unrelated activities can signal an income tax on this small income. Question 3 asks if your organization has UBI of more than $1,000 or more during the year, and if so, has the organization filed Form 990-T, Exempt Organization Business Income Tax Return.
More questions in this part inquire whether your organization was involved in a prohibited tax shelter transaction and if the organization solicited charitable contributions which were not tax-deductible. Your organization needs to understand the regulations behind the questions before you can properly respond to the questions. Discuss any questions you have with your CPA and advisor.
RED FLAG ALERT - IRS HOT BUTTON ALERT!
The IRS is really cracking down on nonprofit event and contributions vs true event expenses.
Question 7 asks a number of questions relating to fundraising. This question covers a range of inquiries. The first question inquires about payments of $75 or more identified as a contribution and partially as a gift of goods or services.
For example, when your organization charges $150 for a gala ticket that includes dinner, entertainment, silent auction worth $50 to the donor, this payment would make a payment that would be flagged as a “yes” to this question. Once you answer “yes” to this question, the next question asks if you notified the donor of the value of the goods provided. In this instance, participating in the charity auction, your participant could not deduct the full $150 as a charitable donation because the participant received something of value in return – dinner and a goody-bag of items valued at $50. You need to do your part in making sure the participants understand that they can only deduct the amount they are entitled to deduct as a charitable contribution.
If your organization did not inform the participants to deduct only the amount they are entitled to, the organization can receive a financial penalty for failing to provide complete information to the participants.
Other question in this section relate to non-cash donations. In this situation, if your organization sells or disposes of contributions within a certain time subsequent to the donation, you must complete certain forms regarding the circumstance.
Dealing with this situation can be complex and get messy. This is one area to enlist the help of your accountant. Many organizations have the Form 990 completed during the annual audit.
Form 990 has many questions in this Section of Form 990. Your CPA can help you here -- but the accountant should be a specialist in nonprofit accounting. A general accountant is probably not familiar with the IRS regulations for nonprofit organizations. A depth of knowledge and experience are essential to facilitate the preparation of Form 990.
Your organization is responsible for the preparation of the Form 990, and for the accuracy of its content. The preparer of the Form 990 and the organization’s management should review all questions and ensure that the answers are honest, valid, and thorough.
Part V wraps up with the most "entertaining" 990 question of all time. This question appears to come out of nowhere (every time I read it, it just makes me smile). It asks if the organization received funds or payments for indoor tanning services. --Go ahead and laugh out loud, it's totally acceptable!-- If you answer “yes” here, you will need to explain whether you filed a tax form and paid tax related to these services. The reason the IRS includes this question is because some tax-exempt organizations are tax-exempt under sections of the IRS Code, other than a 501(c)(3) public charities. For example, a tax-exempt health center could offer tanning services. Because the organization files a Form 990, this question applies.
Now that the game of "20 Questions" is over you will move into the main attraction of the 990. That's right, page 7 will be our focus for the next post in our 990-Back to Basics series. To view all available posts in this series, click here and be sure to check back at the end of the week as we continue to add to this topic. Click here to access the IRS page for Form 990.
When you have questions about your IRS forms, contact TBFoster Accounting at trent@tbfosteraccounting.com to get your answers. We also invite you to keep in touch with the TBF Blog or join our nonprofit accounting group Nonprofit Accounting Spot.
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