March 20, 2007
(Additional information attached to
Letter 1045 Approval)
GREATER TRILBY COMMUNITY
INFORMATION FOR ORGANIZATIONS EXEMPT
UNDER SECTION 501(c)(3)
WHERE TO GET FORMS AND HELP
You can obtain forms and instructions
by calling toll free 1-800-829-3676, through the Internet Web Site at
www.irs.gov, and at local tax assistance centers.
You can obtain additional information
about most topics discussed below through our customer service function by
calling toll free 1-877-829-5500, or on our Web Site at www.irs.gov/eo.
In addition, you should sign up for Exempt Organization's EO Update, a
regular e-mail newsletter that highlights new
information posted on the charities pages of irs.gov.
To subscribe, go to www.irs.gov/eo and click on "EO
NOTIFY US ON THESE MATTERS
If you change your name, address,
purposes, operations or sources of financial support, please inform our TE/GE EO
Determinations Office at the following address: Internal Revenue Service, P.O.
Box 2508, Cincinnati, Ohio 45201. If you amend'your organizational document or
by-laws, or dissolve, provide the EO Determinations Office with a copy of the
amended documents. Please use your employer identification number on all returns
you file and in all correspondence with the Internal Revenue Service.
In your exemption letter, we indicated
whether you must file Form 990, Return of Organization Exempt From Income Tax.
If your exemption letter states that you are not required to file Form
990, you are exempt from these requirements. Otherwise, if your gross receipts
are normally more than $25,000, you must file Form 990 or Form 990-EZ with the
Ogden Submission Processing Center, Ogden, UT 84201-0027.
You are eligible to file Form 990-EZ if
your gross receipts are normally between $25,000 and $100,000, and your total
assets are less than $250,000. You must file the complete Form 990 if your gross
receipts are over $100,000, or your total assets are over $250,000.
The Form 990 instructions show how to compute your "normal"
Form 990 Schedule A is required for
both Form 990 and Form 990-EZ.
Organizations With Gross Receipts of $25,000 or Less
For tax periods beginning after
December 31, 2006, you must file an annual electronic notice if your gross
receipts are normally $25,000 or less. Alternatively, you may file a complete
Form 990 Package if we send one to you.
Section 509(a)(3) supporting organizations must file Form 990 or Form
990-EZ even if gross receipts are normally $25,000 or less.
However, supporting organizations of religious groups with gross receipts
that are normally $5,000 or less may file an annual electronic notice instead of
Form 990 or Form 990-EZ.
Due Date of Return or Annual Electronic Notice
Your return or annual electronic notice
is due by the 15th day of the fifth month after the end of your annual
accounting period. There are
penalties for failing to file a complete return timely.
For additional information on penalties, see the Form 990 instructions or
call our toll free number.
Revocation of Tax-Exempt Status
For tax periods beginning after
December 31, 2006, your tax-exempt status will be revoked as of the filing due
date of the third year if you fail to file for three consecutive years Form 990,
Form 990-EZ, or the annual electronic notice.
If your tax-exempt status is revoked
because you failed to file for three consecutive years, you must reapply for
exemption and pay the appropriate user fee.
UNRELATED BUSINESS INCOME TAX RETURN
If you receive more than $1,000
annually in gross receipts from a regular trade or business, you may be subject
to Unrelated Business Income Tax and required to file Form 990-T, Exempt
Organization Business Income Tax Return. There
are several exceptions to this tax:
Income you receive from the performance of your exempt activity,
Income from fundraisers conducted by volunteer workers, or where donated
merchandise is sold, and
Income from routine investments such as certificates of deposit, savings
accounts, or stock dividends.
There are special rules for income
derived from real estate or other
* investments purchased with borrowed funds.
This income is called "debt financed" income. For additional information regarding unrelated business
income tax, see Publication 598, Tax on Unrelated Business Income of Exempt
Organizations, or call our toll free number shown above.
PUBLIC INSPECTION OF APPLICATION AND
You are required to make your annual
information return, Form 990 or Form 990-EZ, available for public inspection for
three years after the later of the due date of the return, or the date the
return is filed. This rule also
applies to any Form 990-T filed after August 17, 2006.
You are also required to make available for public inspection your
exemption application, any supporting documents, and your exemption letter.
You must also provide copies of these documents to any individual, upon
written or in person request, without charge other than reasonable fees for
copying and postage.
You may fulfill this requirement by
placing these documents on the Internet. Penalties may be imposed for failure to
comply with these requirements. Additional information is available in
Publication 557, Tax-Exempt Status for Your Organization, or call our toll free
number shown above.
Contributions to you are deductible
only to the extent that they are gifts and no consideration is received in
return. Depending on the
circumstances, ticket purchases and similar payments in conjunction with
fundraising events may not qualify as fully deductible contributions.
CONTRIBUTIONS OF $250 OR MORE
Donors must have written substantiation
from the charity for any charitable contribution of $250 or more.
Although it is the donor's responsibility to obtain written
substantiation from the charity, you can assist donors by providing a written
statement listing any cash contribution or describing any donated property.
This written statement must be provided
at the time of the contribution. There
is no prescribed format for the written statement.
Letters, postcards and electronic (e-mail) or computer-generated forms
The donor is responsible for the
valuation of donated property. However, your written statement must provide a
sufficient description to support the donor's contribution.
For contributions of cash, a check or
other monetary gift made on or after January 1, 2007, a donor cannot claim a tax
deduction unless the donor maintains a record of the contribution in the form of
either a bank record (such as a cancelled check) or a written communication from
the charity (such as a receipt or letter) showing the name of the charity, the
date of the contribution, and the amount of the contribution.
For additional information regarding
donor substantiation, see Publication 1771, Charitable Contributions -
Substantiation and Disclosure Requirements. For information about the valuation
of donated property, see Publication 561, Determining the Value of Donated
CONTRIBUTIONS OF MORE THAN $75 AND
CHARITY PROVIDES GOODS OR SERVICES
You must provide a written disclosure
statement to donors who receive goods or services from you in exchange for
contributions in excess of $75.
Contribution deductions are allowable
to donors only to the extent their contributions exceed the value of the goods
or services received in exchange.
Ticket purchases and similar payments
in conjunction with fundraising events may not necessarily qualify as fully
deductible contributions, depending on the circumstances.
If you conduct fundraising events such as benefit dinners, shows,
membership drives, etc., where something of value is received, you are required
to provide a written statement informing donors of the fair market value of the
specific items or services you provided in exchange for contributions of more
You should provide the written disclosure statement in advance of any event, determine the fair market value of any benefit received, determine the amount of the contribution that is deductible, and state this information in your fundraising materials such as solicitations, tickets, and receipts. The amount of the contribution that is deductible is limited to the excess of any money (and the value of any property other than money) contributed by the donor less the value of goods or services provided by the charity. Your disclosure statement should be made, no later than, at the time payment is received. Subject to certain exceptions, your disclosure responsibility applies to any fundraising circumstances where each complete payment, including the contribution portion, exceeds $75. For additional information, see Publication 1771 and Publication 526, Charitable Contributions.
EXCESS BENEFIT TRANSACTIONS
Excess benefit transactions are
governed by section 4958 of the Code. Excess
benefit transactions involve situations where a section 501(c)(3) organization
provides an unreasonable benefit to a person who is in a position to exercise
substantial influence over the organization's affairs.
If you believe there may be an excess benefit transaction in which you
are involved, you should report the transaction on Form 990 or 990-EZ.
For information on how to correct and report this transaction, see the
instructions for Form 990 and Form 990-EZ, or call our toll free number shown
If you have employees, you are subject
to income tax withholding and the social security taxes imposed under the
Federal Insurance Contribution Act (PICA). You are required to withhold Federal
income tax from your employee's wages and you are required to pay PICA on each
employee who is paid more than $100 in wages during a calendar year.
To know how much income tax to withhold, you should have a Form W-4,
Employee's Withholding Allowance Certificate, on file for each employee.
Organizations described in section 501(c)(3) of the Code are not required
to pay Federal Unemployment Tax Act (FUTA) tax.
Employment taxes are reported on Form
941, Employer's Quarterly Federal Tax Return.
The requirements for withholding, depositing, reporting and paying
employment taxes are explained in Circular E, Employer's Tax Guide, (Publication
15), and Employer's Supplemental Tax Guide, (Publication 15-A). These
publications explain your tax responsibilities as an employer.
Churches may employ both ministers and
church workers. Employees of
churches or church-controlled organizations are subject to income tax
withholding, but may be exempt from PICA taxes.
Churches are not required to pay FUTA tax.
In addition, although ministers are generally common law employees, they
are not treated as employees for employment tax purposes. These special employment tax rules for members of the clergy
and religious workers are explained in Publication 517, Social Security and
Other Information for Members of the Clergy and Religious Workers.
Churches should also consult Publications 15 and 15-A.
Publication 1828, Tax Guide for Churches and Religious Organizations,
also discusses the various benefits and responsibilities of these organizations
under Federal tax law.
PUBLIC CHARITY STATUS
Every organization that qualifies for
tax-exemption as an organization described in section 501(c)(3) is a private
foundation unless it falls into one of the categories specifically excluded from
the definition of that term [referred to in section 509(a)(l), (2), (3), or
(4)]. In effect, the definition
divides these organizations into two classes, namely private foundations and
The Code section under which you are
classified as a public charity is shown in the heading of your exemption letter.
This determination is based on the information you provided and the
request you made on your Form 1023 application.
Please refer to Publication 557 for additional information about public
GRANTS TO INDIVIDUALS
The following information is provided
for organizations that make grants to individuals.
If you begin an individual grant program that was not described in your
exemption application, please inform us about the program.
Funds you distribute to an individual
as a grant must be made on a true charitable basis in furtherance of the
purposes for which you are organized. Therefore, you should keep adequate
records and case histories that demonstrate that grants to individuals serve
your charitable purposes. For
example, you should be in a position to substantiate the basis for grants
awarded to individuals to relieve poverty or under a scholarship or education
loan program. Case histories
regarding grants to individuals should show names, addresses, purposes of
grants, manner of selection, and relationship (if any) to members, officers,
trustees, or donors of funds to you.
For more information on the exclusion
of scholarships from income by an individual recipient, see Publication 970, Tax
Benefits for Education.
Letter 1045 (DO/CG)