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ACS Division and Local Section Treasurers’ Webcast Tax Compliance, Reporting, and Frequently Asked Questions December 11, 2013 American Chemical Society 1 Have Questions? Use the Questions Box! Contact ACS Webinars™at [email protected] Polling question As the treasurer of your organization, how many years have you filed the tax returns for your organization? A. 1-2 years B. 3-5 years C. More than 5 years. D. Do not know American Chemical Society 3 Topics • Tax exempt status of ACS affiliated organizations • Benefits of tax exemption • Identify the actions that jeopardize tax-exempt status • Mandatory federal tax filings • Frequently asked questions American Chemical Society 4 Tax-Exempt Status of ACS Affiliated Organizations • ACS affiliated organizations include: – Local Sections, Divisions, Subdivisions, and Regions • Type of exempt organization: Charitable non-profit scientific and educational organizations • Exempt under IRC Section 501(c)(3) through ACS Group Exemption Letter (if election is made by organization) – IRS Group Exemption Determination Letter (most recent issued February 4, 2003) • Exempt from federal income tax • Non-private foundation under IRC Section 509(a)(2) Public Charity American Chemical Society 5 What is the ACS Group Exemption? • IRS granted exemption to ACS affiliated organizations through the ACS Group Exemption Letter – ACS is the central organization – Group exemption number: 0945 – ACS must take measures annually to keep group exemption letter in force – Re-election to be included under ACS group exemption must be made every year via ACS annual report – New local sections, divisions, regions, subdivisions can obtain tax-exempt status by electing to be included within the ACS group exemption letter American Chemical Society 6 What is the ACS Group Exemption? (cont.) • Affiliated Organizations (Local Sections, Divisions, Subdivisions, Regions) – ACS does not have operational and financial control – Affiliated organizations are separate legal entities • Each has their own federal Employer Identification Number (EIN); (also called taxpayer identification (TIN), or federal id number • DO NOT USE ACS FEDERAL ID NUMBER • If you do not know your EIN, contact ACS Tax Office – Each one must prepare their own individual/separate financial reporting and tax filings to maintain tax-exempt status – Each one must maintain non-private foundation status by meeting public support test American Chemical Society 7 Polling question My organization does not need to elect each year to be included under the ACS Group Exemption. A. True B. False American Chemical Society 8 Benefits of 501(c)(3) Status • Income from exempt purpose related activities are exempt from federal income tax • Exempt from federal unemployment taxes • Exempt from some state taxes (e.g., income, sales, employment) • Contributions received are tax deductible to donors • Tax-exempt financing available • Reduced postal rates available American Chemical Society 9 What Jeopardizes § 501(c)(3) Status? • FAILING TO MEET FILING REQUIREMENTS • Inurement/private benefit activities prohibited and restricted • Lobbying activities must be insubstantial • Political activities are absolutely prohibited • Failing to operate with an exempt purpose • Unrelated business activities must not be the primary purpose – Exempt purpose is found in organization’s organizing documents such as Articles of Incorporation, Articles of Association, Constitution, or Bylaws American Chemical Society 10 Mandatory Federal Tax Filing Requirements • Information returns (Form 990 series): – Form 990 - Return of Organization Exempt from Income Tax – Form 990-EZ - Short Form Return of Organization Exempt from Income Tax – Form 990-N (e-Postcard) • Income tax return: – Form 990-T – Exempt Organization Business Income Tax Return (if you have unrelated business income (UBI)) • Other information returns: – Form 1099 MISC - Miscellaneous Income – Form 1096 - Annual Summary and Transmittal of U.S. Information Returns American Chemical Society 11 Which Form 990 to File? Based on Gross Receipts and Total Assets Form to File Gross receipts normally ≤ $50,000** Gross receipts > $50,000 AND < $200,000, AND Total assets < $500,000 Gross receipts ≥ $200,000, OR Total assets ≥ $500,000 990-N (e-Postcard) 990-EZ 990 ** How to determine if gross receipts are normally ≤ $50,000: Take the average gross receipts based on a 3-yr period to include tax year + 2 prior tax periods The Form 990 series of returns (Form 990, 990-EZ, or 990-N) are mandatory for 501(c)(3) organizations American Chemical Society 12 Federal Tax Filing Requirements Form 990 - Gross Receipts What are gross receipts? 1. Contributions 2. Program Service Revenue 6. Gross rents 7. Other Investment Income 3. Membership Dues & Assessments (includes ACS 8. Sale of Assets, Other than Inventory Allotments to Divisions and Local Sections) 9. Gross Sales of Inventory 4. Interest Savings/Temporary Investments 10. Other Revenue 5. Dividends & InterestSecurities American Chemical Society `13 Federal Tax Filing Requirements Form 990-N What is needed to complete 990-N? • Employer identification number (EIN) • Tax Year • Legal name & address • Other names the organization uses • Name and address of a principal officer • Website address (if one exists) • Confirmation that the organization’s gross receipts are at or below the threshold Filing Website: http://epostcard.form990.org/ American Chemical Society 14 Federal Tax Filing Requirements Forms 990 and 990-EZ Mandatory Schedules • For BOTH Form 990 and 990-EZ, must include – Schedule A, Public Charity Status and Public Support – Schedule B, Schedule of Contributors (required if the organization received, during the reporting year, $5,000 or more in money or property from any ONE contributor) • For Forms 990 ONLY, must include – Schedule O, Supplemental Information to Form 990 • Additional schedules are required based on responses to questions American Chemical Society 15 Schedule A - Public Charity Status and Public Support American Chemical Society 16 Schedule B - Schedule of Contributors American Chemical Society 17 Schedule O - Supplemental Information American Chemical Society 18 Federal Filing Requirements – When to File? FILING DATES: Due Date for all 990 returns: File by the 15th of the 5th month after the end of the organization’s accounting period. This will be May 15th for a calendar year filer. EXTENSIONS For Form 990 or 990-EZ File IRS Form 8868 to get an initial 3-month extension. An additional 3 month extension may be requested if original 3 months was not enough time. Form 990-N is due on May 15th of each year. NO EXTENSIONS! American Chemical Society 19 Federal Tax Filing Requirements Where to file? • Paper returns are filed in Ogden, UT: Department of the Treasury Internal Revenue Service Center Ogden, UT 84201-0027 • Electronic filing is required for Form 990 filers with assets of $10 million AND at least 250 returns • The IRS recommends that all organizations, regardless of size, file electronically American Chemical Society 20 Polling Question Can I file an extension for the e-postcard (990-N)? A. Yes, until August 15th B. No C. Yes, until November 15th American Chemical Society 21 Federal Tax Filing Requirements Non-Filers/Late Filers Penalties Penalties for late filing, incomplete or inaccurate return: • Against organization: $20 a day for each day the return is late ($10,000 maximum); or 5% of the gross receipts • Against responsible person(s): $10 a day not to exceed $5,000 American Chemical Society 22 Federal Tax Filing Requirements Non-Filers/Late Filers Penalties Failure to file for 3 consecutive years: • Loss of tax-exempt status (automatic revocation) • Must file annual income tax return (Form 1120) and pay taxes, if owed • Donations are not tax-deductible • Not eligible to be included in ACS Group Exemption (will be removed) • Central organization (ACS) cannot obtain exemption for subordinate organization • You must re-apply for your organization’s tax-exemption American Chemical Society 23 AUTOMATIC REVOCATION OF TAX EXEMPT STATUS Beware! You do not want to have your tax-exempt status automatically revoked! If it is revoked, only YOU can file for reinstatement! By law, an organization that fails to file Form 990, 990-EZ, or 990-N for three consecutive years will have its tax-exempt status automatically revoked as of the filing due date for the third return. File your returns! American Chemical Society 24 AUTOMATIC REVOCATION - HOW TO GET REINSTATED • To get reinstatement the organization (NOT ACS) must file FORM 1023 regardless of whether the organization was originally required to apply for exemption • Write “Automatically Revoked” at the top of the application • Must pay the appropriate user fee (See Revenue Procedure 2011-8 and 2011-36) • The organization MUST file Form 1023 even if it was covered under a group exemption • Visit the IRS website under Charities for a list of frequently asked questions. www.irs.gov/charities American Chemical Society 25 Federal Tax Filing Requirements Other • Form 990-T – Exempt Organization Business Income Tax Return Due Date: May 15 (6 months extension to November 15) • Form 1099 - MISC - Miscellaneous Income Due Date to Recipients: January 31, 2014 Due Date to the IRS: February 28, 2014 • Form 1096 - Annual Summary and Transmittal of U.S. Information Returns Due Date: February 28, 2014 with Form 1099-MISC American Chemical Society 26 Federal Tax Filing Requirements Form 990-T (Exempt Organization Business Income Tax Return) When are you required to file Form 990-T? • Unrelated business income $1,000 • UBI is income from: – A trade or business – Conducted on a regular basis – That is not substantially related to the organization’s exempt purpose American Chemical Society 27 Federal Tax Filing Requirements Form 990-T Examples of some of the more common forms of unrelated trade or business activities include. • Advertising • Gaming • Sale of merchandise – unrelated to exempt purpose Exclusions (not UBI) • Interest and dividends • Royalty income American Chemical Society 28 Federal Tax Filing Requirements Form 1099-MISC When are you required to file Form 1099-MISC? • Paid at least $10 in royalties • Paid at least $600 in rents, services, prizes and awards, other income payments, medical and health care payments, attorney fees, speaker fees, payments to corporations for legal services • Scholarships/Fellowships – not required to be reported • Travel Reimbursements – not required to be reported if recipient provides adequate accounting of the amount to be reimbursed and includes these four elements: amount, place, time and business purpose You need to obtain vendor’s taxpayer identification before making any payments using IRS Form W-9 Request for Taxpayer Identification Number and Certification. American Chemical Society 29 Resources To obtain IRS federal forms and publications IRS Website: http://www.irs.gov/formspubs/index.html American Chemical Society 30 FREQUENTLY ASKED QUESTIONS American Chemical Society 31 Frequently Asked Questions 1. Should our organization incorporate? The decision to incorporate is based on the facts and circumstances of each ACS affiliated organizations. The primary benefit to incorporating is the protection it gives to individual officers, directors, and members from liability for many obligations of the corporation. However, there are additional state general corporation law compliance requirements that entail filing of Articles of incorporation and the payment of requisite state fees. 2. Do I need to incorporate to get a federal EIN ? NO. Any legal entity whether incorporated or not can obtain an EIN. American Chemical Society 32 Frequently Asked Questions cont’d 3. Why do we need an EIN? Can I use the ACS’s EIN? What form should I file to get an EIN? Each ACS affiliated organization MUST obtain a Federal EIN to file federal and state returns and correspondences. An EIN may be required to open a business bank account. Since ACS affiliated organizations are separate legal entities apart from the ACS. UNDER NO CIRCUMSTANCES SHOULD THEY USE THE ACS’S EIN. File the IRS Form SS-4, Application for Employer Identification Number to apply for the number. To expedite the process, the application can be filed online at the IRS’s website www.irs.gov American Chemical Society 33 Frequently Asked Questions cont’d 4. I am applying for an EIN on Form SS-4 and it requires a TIN/SSN. Whose TIN/SSN should I use? Use the TIN/SSN of the organization’s responsible party. The responsible party could be one of the officers of the organization. The IRS defined the responsible party as follows: Is the person who has a level of control over, or entitlement to, the funds or assets in the entity that, as a practical matter, enables the individual, directly or indirectly, to control, manage or direct the entity and the disposition of its funds and assets. The ability to fund the entity or the entitlement to the property of the entity alone, however, without any corresponding authority to control, manage, or direct the entity (such as in the case of a minor child beneficiary), does not cause the individual to be a responsible party. American Chemical Society 34 Frequently Asked Questions cont’d 5. Should I file a state tax return? Filing a state return is dependent on state law and is typically required only if you are incorporated and registered in the state. 6. What is IRS Form W-9? IRS Form W-9 Request for Taxpayer Identification Number and Certification is used to request the taxpayer identification number (TIN) of a U.S. person, certifications, and claims of exemption. Prior to sending payments to vendors you need to obtain their TIN. 7. Are my organization’s purchases exempt from sales/use tax? Each state has their own rules on sales/use tax exemption for non-profits. In some cases, a state will exempt the non-profit as a matter of law and in others, for example Florida, the non-profit must apply for a sales/use tax exemption. Please check each state for their requirements. American Chemical Society 35 Frequently Asked Questions cont’d 8. What is the ACS group exemption letter or IRS Determination Letter? The IRS granted tax-exempt status to the ACS and issued a determination letter on January 18,1938. The IRS Determination Letter is used as a proof of the tax-exempt status of ACS and its affiliated organizations. The letter states that the ACS and its affiliated organizations are exempt from FEDERAL INCOME TAXES ONLY. 9. My bank needs proof that my organization is tax-exempt. What document should I give them? Your organization will need to provide the bank with a copy of the ACS IRS Determination Letter and an ACS letter certifying your tax-exempt status and affiliation with ACS. To obtain these documents, please contact the ACS Tax Department at [email protected] or telephone number: 202-872-6306. American Chemical Society 36 Frequently Asked Questions cont’d 10. Can we sell items without jeopardizing our tax-exempt status? Yes. ACS affiliated organizations can sell items that are aligned with their tax-exempt purpose without jeopardizing their taxexempt status. 11. How should I acknowledge a charitable donation? The IRS requires contemporaneous acknowledgement of the charitable donation. Please see the ACS website for examples of letters that must be given to donors. (http://www.acs.org/content/acs/en/membership-andnetworks/ls/training/treasurers-workshop-qa.html) American Chemical Society 37 Frequently Asked Questions cont’d 12. My Local Section wants to fundraise in our state. Do I need to register for charitable solicitation? Generally, states require that you register if you want to solicit charitable contributions. 13. When do I issue a Form 1099-MISC? A Form 1099-MISC must be issued for payments of $600 or more in rents, services, prizes and awards, speaker fees, and other income payments. DO NOT issue Form 1099-MISC for scholarship or fellowship grants. Travel reimbursements are not required to be reported if recipient provides adequate accounting of the amount to be reimbursed and includes these four elements: amount, place, time, and business purpose. American Chemical Society 38 Frequently Asked Questions cont’d 14. Should I issue Form 1099-MISC for awards and prizes? In general, prizes and awards are reportable as income on the Form 1099-MISC. However, prizes and awards received in recognition of past accomplishments in religious, charitable, scientific, artistic, educational, literary, or civic fields are not reportable on Form 1099-MISC if they meet all of the following conditions: · The winners are chosen without action on their part, · The winners are not expected to perform future services, and · The payer transfers the prize or award to a charitable organization or governmental unit under a designation made by the recipient. For more information, please refer to the guidelines in IRS Rev. Proc. 87-54. American Chemical Society 39 Frequently Asked Questions cont’d 15. Are awards and prizes taxable income to the recipients? Awards and prizes unless specifically excluded (scholarships or fellowship grants) are included in the gross income of recipients. 16. What is a fellowship grant? Should we issue a Form 1099MISC.? A fellowship grant is generally an amount paid to an individual to enable him to pursue studies or research for the primary purpose of furthering the education and training of the recipient. A Form 1099-MISC is not required for fellowship grants. However, you should inform the recipients that the grants might be taxable income and to check with their tax advisor. American Chemical Society 40 Frequently Asked Questions cont’d 19.My Local Section’s tax-exempt status was automatically revoked for failure to file annual returns for 3 consecutive years. Do I need to file tax returns for the current and prior years? The organization must first apply for reinstatement of their tax-exempt status. After its application for reinstatement has been approved, an organization that is eligible to submit an annual electronic notice (Form 990-N) because its annual receipts are normally $50,000,can file their current year Form 990-N. There is no filing requirement for prior years. Other organizations not eligible to file a Form 990-N must file an annual information return (Form 990 or Form 990-EZ ) for each taxable year that ends while the application for reinstatement is pending. The organization should check the “application pending” block on the top of page 1 of the return. For more information about filing requirements while an application for exemption is pending, see Publication 557, Tax-Exempt Status for Your Organization. American Chemical Society 41 Frequently Asked Questions cont’d 17.Can my Local Section claim a tax deduction for contributions to the ACS Project SEED program? Yes. The Local Section can report the contribution as a deductible expense. 18. Do I need to provide the ACS with a copy of my filed Form 990 return? Yes, this is a REQUIREMENT. Please send copies of filed returns to [email protected] or mail to the following address: American Chemical Society, Tax Office, 1155 16th Street, NW, Washington, DC 20036 American Chemical Society 42 Frequently Asked Questions cont’d 20. I have to file Form 1023 to get reinstated. Can someone at ACS assist me with the reinstatement process? The ACS Tax Office and the ACS Office of Legal Counsel can assist with your reinstatement. The revoked organization MUST first complete the Form 1023 to initiate the reinstatement process and provide it to the ACS for review. 21. Where can I find the ByLaws for my Local Section? ByLaws for ACS Affiliated organizations are available on the ACS website at: http://www.acs.org/content/acs/en/about/governance/committee s/bylaws/documents.html American Chemical Society 43 Frequently Asked Questions cont’d 22. I need to file my Form 990-N. Where do I get a login ID and password? Please visit this website: http://epostcard.form990.org/ If this is your first time filing, you need to register as a new user. You will need your organization’s EIN to register and follow the instructions accordingly. American Chemical Society 44 American Chemical Society For further information contact: ACS Office of Tax Compliance and Reporting 1155 Sixteenth Street, N.W. Washington, DC 20036 Name Title Telephone No. Email Rosalee Lewis Tax Manager (202)872-6306 [email protected] Leila Hoen Assistant Director (202)872-6027 [email protected] Lisa Wolfinger Asst. Tax Accountant(202)872-6052 David Smorodin Asst. General Counsel (202)-872-4510 [email protected] Maria Tolentino Sr. Tax Accountant (202)872-6233 [email protected] Brinky Qiu Tax Accountant [email protected] • (202)872-6231 [email protected] Send email inquiries to: [email protected] American Chemical Society 45