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Form 1040nr Ez

2012 Form 1040ezTaxact20101040ez Irs InstructionsFree 1040nr SoftwareOnline 1040ezPowered By Jforum Tax Help FreeHr Block 2012 Tax SoftwareWww Irs Gov Form1040xTurbotax 2009 DownloadWhere Can I File State And Federal Taxes For FreeFederal Tax Extension FormTurbo State Tax FreeWww Irs Gov 2011 Tax FormsFederal Ez Tax Form1040x Filing InstructionsNeed To File My 2011 TaxesIrs Free File 20111040ez Form For 2012Free EfileFederal Tax Forms 2011 EzAmending 2012 Federal Tax ReturnFile An Amended Tax ReturnFree Turbo Tax For MilitaryAmended Tax Return FormFile My 2012 Taxes For FreeFree State TaxsIrs10402012 Ez Tax FormFiling 1040nrezFree Online State Tax1040z Tax FormFile State Taxes Free OnlineWww Irs Gov Freefile Fillable FormsPrintable 1040ez Form 2011Instruction Booklet For 1040xPrevious Year Tax FormsState Tax Return 2013Filing A Amended Tax Return Form 1040x2011 Tax Form 8889How To File 2009 Taxes In 2013

Form 1040nr Ez

Form 1040nr ez Publication 929 - Introductory Material Table of Contents Future Developments Reminders IntroductionOrdering forms and publications. Form 1040nr ez Tax questions. Form 1040nr ez Useful Items - You may want to see: Future Developments For the latest information about developments related to Publication 929, such as legislation enacted after this publication was published, go to www. Form 1040nr ez irs. Form 1040nr ez gov/pub929. Form 1040nr ez Reminders Social security number (SSN). Form 1040nr ez  Dependents who are required to file a tax return must have an SSN. Form 1040nr ez To apply for an SSN, file Form SS-5 with the Social Security Administration. Form 1040nr ez You can go to the website www. Form 1040nr ez socialsecurity. Form 1040nr ez gov for more information. Form 1040nr ez Individual taxpayer identification number (ITIN). Form 1040nr ez  The IRS will issue an ITIN to a nonresident or resident alien who does not have and is not eligible to get an SSN. Form 1040nr ez To apply for an ITIN, file Form W-7, Application for IRS Individual Taxpayer Identification Number, with the IRS. Form 1040nr ez It takes 6-10 weeks to get an ITIN. Form 1040nr ez The ITIN is entered wherever an SSN is requested on a tax return. Form 1040nr ez If you are a nonresident alien applying for an ITIN to file a tax return, you generally must attach your original, completed return to Form W-7 to get an ITIN. Form 1040nr ez See the Form W-7 instructions for more information. Form 1040nr ez An ITIN is for tax use only. Form 1040nr ez It does not entitle you to social security benefits or change your employment or immigration status under U. Form 1040nr ez S. Form 1040nr ez law. Form 1040nr ez Effective January 1, 2013, ITINs will expire after 5 years. Form 1040nr ez Taxpayers who still need an ITIN after the end of the expiration period must reapply for a number. Form 1040nr ez Photographs of missing children. Form 1040nr ez  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. Form 1040nr ez Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. Form 1040nr ez You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. Form 1040nr ez Introduction Part 1 of this publication explains the filing requirements and other tax information for individuals who can be claimed as a dependent on another person's tax return. Form 1040nr ez  Part 2 explains how to report and figure the tax on unearned income of certain children (whether or not they can be claimed as dependents). Form 1040nr ez Definitions. Form 1040nr ez   Many of the terms used in this publication, such as “dependent,” “earned income,” and “unearned income,” are defined in the Glossary at the back of this publication. Form 1040nr ez Comments and suggestions. Form 1040nr ez   We welcome your comments about this publication and your suggestions for future editions. Form 1040nr ez   You can write to us at the following address: Internal Revenue Service Tax Forms and Publications Division 1111 Constitution Ave. Form 1040nr ez NW, IR-6526 Washington, DC 20224   We respond to many letters by telephone. Form 1040nr ez Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. Form 1040nr ez   You can send your comments from www. Form 1040nr ez irs. Form 1040nr ez gov/formspubs/. Form 1040nr ez Click on “More Information” and then on “Comment on Tax Forms and Publications. Form 1040nr ez ”   Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. Form 1040nr ez Ordering forms and publications. Form 1040nr ez   Visit www. Form 1040nr ez irs. Form 1040nr ez gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. Form 1040nr ez Internal Revenue Service 1201 N. Form 1040nr ez Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. Form 1040nr ez   If you have a tax question, check the information available on IRS. Form 1040nr ez gov or call 1-800-829-1040. Form 1040nr ez We cannot answer tax questions sent to either of the above addresses. Form 1040nr ez Useful Items - You may want to see: Publication 501 Exemptions, Standard Deduction, and Filing Information 505 Tax Withholding and Estimated Tax 550 Investment Income and Expenses Form (and Instructions) W-4 Employee's Withholding Allowance Certificate 8615 Tax for Certain Children Who Have Unearned Income 8814 Parents' Election To Report Child's Interest and Dividends See How To Get Tax Help near the end of this publication for information about getting these publications and forms. Form 1040nr ez Prev  Up  Next   Home   More Online Publications
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Understanding Your CP283C Notice

We charged you a penalty for filing a late or incomplete Form 8955-SSA, Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits.


What you need to do

  • If you agree, send the amount due by the date on your notice to avoid interest charges.
  • If you disagree, contact us by mail or call 1-877-829-5500.

You may want to

  • Review this notice with your tax preparer.
  • Call us for assistance at the toll-free telephone number listed at the top right corner of your notice.

Answers to Common Questions

When is my Form 8955-SSA due?
Form 8955-SSA is due the last day of the seventh month following the end of your plan year.

Can I have the penalty removed or reduced?
We can consider reducing or removing the penalty under certain circumstances. Send a signed statement to the address shown at the top of the notice that includes the following:

  • The penalty you would like us to reconsider
  • The reason you believe we should reconsider it
  • Your name and title

Understanding your notice

Your notice may look different from the sample because the information contained in your notice is tailored to your situation.

Notice CP283C, Page 1

Notice CP283C, Page 2

Notice CP283C, Page 3

Page Last Reviewed or Updated: 24-Dec-2013

How to get help

  • Call the 1-800 number listed on the top right corner of your notice.
  • Authorize someone (e.g., accountant) to contact the IRS on your behalf using Form 2848.
  • See if you qualify for help from a Low Income Taxpayer Clinic.
     

The Form 1040nr Ez

Form 1040nr ez 4. Form 1040nr ez   Unrelated Business Taxable Income Table of Contents IncomeExclusions Dues of Agricultural Organizations and Business Leagues DeductionsDirectly Connected Exploitation of Exempt Activity—Advertising Sales Modifications Partnership Income or Loss S Corporation Income or Loss Special Rules for Foreign Organizations Special Rules for Social Clubs, VEBAs, SUBs, and GLSOsIncome that is set aside. Form 1040nr ez Special Rules for Veterans' Organizations Income From Controlled OrganizationsAddition to tax for valuation misstatements. Form 1040nr ez Net unrelated income. Form 1040nr ez Net unrelated loss. Form 1040nr ez Control. Form 1040nr ez Income from property financed with qualified 501(c)(3) bonds. Form 1040nr ez Disposition of property received from taxable subsidiary and used in unrelated business. Form 1040nr ez Income From Debt-Financed Property Debt-Financed PropertyAcquisition Indebtedness Computation of Debt-Financed Income Deductions for Debt-Financed Property Allocation Rules How to Get Tax Help The term “unrelated business taxable income” generally means the gross income derived from any unrelated trade or business regularly conducted by the exempt organization, less the deductions directly connected with carrying on the trade or business. Form 1040nr ez If an organization regularly carries on two or more unrelated business activities, its unrelated business taxable income is the total of gross income from all such activities less the total allowable deductions attributable to all the activities. Form 1040nr ez In computing unrelated business taxable income, gross income and deductions are subject to the modifications and special rules explained in this chapter. Form 1040nr ez Whether a particular item of income or expense falls within any of these modifications or special rules must be determined by all the facts and circumstances in each specific case. Form 1040nr ez For example, if the organization received a payment termed rent that is in fact a return of profits by a person operating the property for the benefit of the organization, or that is a share of the profits retained by the organization as a partner or joint venturer, the payment is not within the income exclusion for rents, discussed later under Exclusions. Form 1040nr ez Income Generally, unrelated business income is taxable, but there are exclusions and special rules that must be considered when figuring the income. Form 1040nr ez Exclusions The following types of income (and deductions directly connected with the income) are generally excluded when figuring unrelated business taxable income. Form 1040nr ez Dividends, interest, annuities and other investment income. Form 1040nr ez   All dividends, interest, annuities, payments with respect to securities loans, income from notional principal contracts, and other income from an exempt organization's ordinary and routine investments that the IRS determines are substantially similar to these types of income are excluded in computing unrelated business taxable income. Form 1040nr ez Exception for insurance activity income of a controlled foreign corporation. Form 1040nr ez   This exclusion does not apply to income from certain insurance activities of an exempt organization's controlled foreign corporation. Form 1040nr ez The income is not excludable dividend income, but instead is unrelated business taxable income to the extent it would be so treated if the exempt organization had earned it directly. Form 1040nr ez Certain exceptions to this rule apply. Form 1040nr ez For more information, see section 512(b)(17). Form 1040nr ez Other exceptions. Form 1040nr ez   This exclusion does not apply to unrelated debt-financed income (discussed under Income From Debt-Financed Property, later), to interest or annuities received from a controlled corporation (discussed under Income From Controlled Organizations, later). Form 1040nr ez Income from lending securities. Form 1040nr ez   Payments received with respect to a security loan are excluded in computing unrelated business taxable income only if the loan is made under an agreement that:    Provides for the return to the exempt organization of securities identical to the securities loaned, Requires payments to the organization of amounts equivalent to all interest, dividends, and other distributions that the owner of the securities is entitled to receive during the period of the loan, Does not reduce the organization's risk of loss or opportunity for gain on the securities, Contains reasonable procedures to implement the obligation of the borrower to furnish collateral to the organization with a fair market value each business day during the period of the loan in an amount not less than the fair market value of the securities at the close of the preceding business day, and Permits the organization to terminate the loan upon notice of not more than 5 business days. Form 1040nr ez   Payments with respect to securities loans include: Amounts in respect of dividends, interest, and other distributions, Fees based on the period of time the loan is in effect and the fair market value of the security during that period, Income from collateral security for the loan, and Income from the investment of collateral security. Form 1040nr ez The payments are considered to be from the securities loaned and not from collateral security or the investment of collateral security from the loans. Form 1040nr ez Any deductions that are directly connected with collateral security for the loan, or with the investment of collateral security, are considered deductions that are directly connected with the securities loaned. Form 1040nr ez Royalties. Form 1040nr ez   Royalties, including overriding royalties, are excluded in computing unrelated business taxable income. Form 1040nr ez   To be considered a royalty, a payment must relate to the use of a valuable right. Form 1040nr ez Payments for trademarks, trade names, or copyrights are ordinarily considered royalties. Form 1040nr ez Similarly, payments for the use of a professional athlete's name, photograph, likeness, or facsimile signature are ordinarily considered royalties. Form 1040nr ez However, royalties do not include payments for personal services. Form 1040nr ez Therefore, payments for personal appearances and interviews are not excluded as royalties and must be included in figuring unrelated business taxable income. Form 1040nr ez   Unrelated business taxable income does not include royalty income received from licensees by an exempt organization that is the legal and beneficial owner of patents assigned to it by inventors for specified percentages of future royalties. Form 1040nr ez   Mineral royalties are excluded whether measured by production or by gross or taxable income from the mineral property. Form 1040nr ez However, the exclusion does not apply to royalties that stem from an arrangement whereby the organization owns a working interest in a mineral property and is liable for its share of the development and operating costs under the terms of its agreement with the operator of the property. Form 1040nr ez To the extent they are not treated as loans under section 636 (relating to income tax treatment of mineral production payments), payments for mineral production are treated in the same manner as royalty payments for the purpose of computing unrelated business taxable income. Form 1040nr ez To the extent they are treated as loans, any payments for production that are the equivalent of interest are treated as interest and are excluded. Form 1040nr ez Exceptions. Form 1040nr ez   This exclusion does not apply to debt-financed income (discussed under Income From Debt-Financed Property, later) or to royalties received from a controlled corporation (discussed under Income From Controlled Organizations, later). Form 1040nr ez Rents. Form 1040nr ez   Rents from real property, including elevators and escalators, are excluded in computing unrelated business taxable income. Form 1040nr ez Rents from personal property are not excluded. Form 1040nr ez However, special rules apply to “mixed leases” of both real and personal property. Form 1040nr ez Mixed leases. Form 1040nr ez   In a mixed lease, all of the rents are excluded if the rents attributable to the personal property are not more than 10% of the total rents under the lease, as determined when the personal property is first placed in service by the lessee. Form 1040nr ez If the rents attributable to personal property are more than 10% but not more than 50% of the total rents, only the rents attributable to the real property are excluded. Form 1040nr ez If the rents attributable to the personal property are more than 50% of the total rents, none of the rents are excludable. Form 1040nr ez   Property is placed in service when the lessee first may use it under the terms of a lease. Form 1040nr ez For example, property subject to a lease entered into on November 1, for a term starting on January 1 of the next year, is considered placed in service on January 1, regardless of when the lessee first actually uses it. Form 1040nr ez   If separate leases are entered into for real and personal property and the properties have an integrated use (for example, one or more leases for real property and another lease or leases for personal property to be used on the real property), all the leases will be considered as one lease. Form 1040nr ez   The rent attributable to the personal property must be recomputed, and the treatment of the rents must be redetermined, if: The rent attributable to all the leased personal property increases by 100% or more because additional or substitute personal property is placed in service, or The lease is modified to change the rent charged (whether or not the amount of rented personal property changes). Form 1040nr ez Any change in the treatment of rents resulting from the recomputation is effective only for the period beginning with the event that caused the recomputation. Form 1040nr ez Exception for rents based on net profit. Form 1040nr ez   The exclusion for rents does not apply if the amount of the rent depends on the income or profits derived by any person from the leased property, other than an amount based on a fixed percentage of the gross receipts or sales. Form 1040nr ez Exception for income from personal services. Form 1040nr ez   Payment for occupying space when personal services are also rendered to the occupant does not constitute rent from real property. Form 1040nr ez Therefore, the exclusion does not apply to transactions such as renting hotel rooms, rooms in boarding houses or tourist homes, and space in parking lots or warehouses. Form 1040nr ez Other exceptions. Form 1040nr ez   This exclusion does not apply to unrelated debt-financed income (discussed under Income From Debt-Financed Property, later), or to interest, annuities, royalties and rents received from a controlled corporation (discussed under Income From Controlled Organizations, later), investment income (dividends, interest, rents, etc. Form 1040nr ez ) received by organizations described in sections 501(c)(7), 501(c)(9), 501(c)(17), and 501(c)(20). Form 1040nr ez See Special Rules for Social Clubs, VEBAs, SUBs, and GLSOs, discussed later for more information. Form 1040nr ez Income from research. Form 1040nr ez   A tax-exempt organization may exclude income from research grants or contracts from unrelated business taxable income. Form 1040nr ez However, the extent of the exclusion depends on the nature of the organization and the type of research. Form 1040nr ez   Income from research for the United States, any of its agencies or instrumentalities, or a state or any of its political subdivisions is excluded when computing unrelated business taxable income. Form 1040nr ez   For a college, university, or hospital, all income from research, whether fundamental or applied, is excluded in computing unrelated business taxable income. Form 1040nr ez   When an organization is operated primarily to conduct fundamental research (as distinguished from applied research) and the results are freely available to the general public, all income from research performed for any person is excluded in computing unrelated business taxable income. Form 1040nr ez   The term research, for this purpose, does not include activities of a type normally conducted as an incident to commercial or industrial operations, such as testing or inspecting materials or products, or designing or constructing equipment, buildings, etc. Form 1040nr ez In addition, the term fundamental research does not include research conducted for the primary purpose of commercial or industrial application. Form 1040nr ez Gains and losses from disposition of property. Form 1040nr ez   Also excluded from unrelated business taxable income are gains or losses from the sale, exchange, or other disposition of property other than: Stock in trade or other property of a kind that would properly be includable in inventory if on hand at the close of the tax year, Property held primarily for sale to customers in the ordinary course of a trade or business, or Cutting of timber that an organization has elected to consider as a sale or exchange of the timber. Form 1040nr ez   It should be noted that the last exception relates only to cut timber. Form 1040nr ez The sale, exchange, or other disposition of standing timber is excluded from the computation of unrelated business income, unless it constitutes property held for sale to customers in the ordinary course of business. Form 1040nr ez Lapse or termination of options. Form 1040nr ez   Any gain from the lapse or termination of options to buy or sell securities is excluded from unrelated business taxable income. Form 1040nr ez The exclusion applies only if the option is written in connection with the exempt organization's investment activities. Form 1040nr ez Therefore, this exclusion is not available if the organization is engaged in the trade or business of writing options or the options are held by the organization as inventory or for sale to customers in the ordinary course of a trade or business. Form 1040nr ez Exception. Form 1040nr ez   This exclusion does not apply to unrelated debt-financed income, discussed later under Income From Debt-Financed Property. Form 1040nr ez Gain or loss on disposition of certain brownfield property. Form 1040nr ez   Gain or loss from the qualifying sale, exchange, or other disposition of a qualifying brownfield property (as defined in section 512(b)(19)(C)), which was acquired by the organization after December 31, 2005 and before January 1, 2011, is excluded from unrelated business taxable income and is excepted from the debt-financed rules for such property. Form 1040nr ez See sections 512(b)(19) and 514(b)(1)(E). Form 1040nr ez Income from services provided under federal license. Form 1040nr ez   There is a further exclusion from unrelated business taxable income of income from a trade or business conducted by a religious order or by an educational organization maintained by the order. Form 1040nr ez   This exclusion applies only if the following requirements are met. Form 1040nr ez The trade or business must have been operated by the order or by the institution before May 27, 1959. Form 1040nr ez The trade or business must provide services under a license issued by a federal regulatory agency. Form 1040nr ez More than 90% of the net income from the business for the tax year must be devoted to religious, charitable, or educational purposes that constitute the basis for the religious order's exemption. Form 1040nr ez The rates or other charges for these services must be fully competitive with the rates or other charges of similar taxable businesses. Form 1040nr ez Rates or other charges for these services will be considered as fully competitive if they are neither materially higher nor materially lower than the rates charged by similar businesses operating in the same general area. Form 1040nr ez Exception. Form 1040nr ez    This exclusion does not apply to unrelated debt-financed income (discussed under Income From Debt-Financed Property, later). Form 1040nr ez Member income of mutual or cooperative electric companies. Form 1040nr ez   Income of a mutual or cooperative electric company described in section 501(c)(12) which is treated as member income under subparagraph (H) of that section is excluded from unrelated business taxable income. Form 1040nr ez Dues of Agricultural Organizations and Business Leagues Dues received from associate members by organizations exempt under section 501(c)(5) or section 501(c)(6) may be treated as gross income from an unrelated trade or business if the associate member category exists for the principal purpose of producing unrelated business income. Form 1040nr ez For example, if an organization creates an associate member category solely to allow associate members to purchase insurance through the organization, the associate member dues may be unrelated business income. Form 1040nr ez Exception. Form 1040nr ez   Associate member dues received by an agricultural or horticultural organization are not treated as gross income from an unrelated trade or business, regardless of their purpose, if they are not more than the annual limit. Form 1040nr ez The limit on dues paid by an associate member is $148 for 2011. Form 1040nr ez   If the required annual dues are more than the limit, the entire amount is treated as income from an unrelated business unless the associate member category was formed or availed of for the principal purpose of furthering the organization's exempt purposes. Form 1040nr ez Deductions To qualify as allowable deductions in computing unrelated business taxable income, the expenses, depreciation, and similar items generally must be allowable income tax deductions that are directly connected with carrying on an unrelated trade or business. Form 1040nr ez They cannot be directly connected with excluded income. Form 1040nr ez For an exception to the “directly connected” requirement, see Charitable contributions deduction, under Modifications, later. Form 1040nr ez Directly Connected To be directly connected with the conduct of an unrelated business, deductions must have a proximate and primary relationship to carrying on that business. Form 1040nr ez For an exception, see Expenses attributable to exploitation of exempt activities, later. Form 1040nr ez Expenses attributable solely to unrelated business. Form 1040nr ez   Expenses, depreciation, and similar items attributable solely to the conduct of an unrelated business are proximately and primarily related to that business and qualify for deduction to the extent that they are otherwise allowable income tax deductions. Form 1040nr ez   For example, salaries of personnel employed full-time to conduct the unrelated business and depreciation of a building used entirely in the conduct of that business are deductible to the extent otherwise allowable. Form 1040nr ez Expenses attributable to dual use of facilities or personnel. Form 1040nr ez   When facilities or personnel are used both to conduct exempt functions and to conduct an unrelated trade or business, expenses, depreciation, and similar items attributable to the facilities or personnel must be allocated between the two uses on a reasonable basis. Form 1040nr ez The part of an item allocated to the unrelated trade or business is proximately and primarily related to that business and is allowable as a deduction in computing unrelated business taxable income if the expense is otherwise an allowable income tax deduction. Form 1040nr ez Example 1. Form 1040nr ez A school recognized as a tax-exempt organization contracts with an individual to conduct a summer tennis camp. Form 1040nr ez The school provides the tennis courts, housing, and dining facilities. Form 1040nr ez The contracted individual hires the instructors, recruits campers, and provides supervision. Form 1040nr ez The income the school receives from this activity is from a dual use of the facilities and personnel. Form 1040nr ez The school, in computing its unrelated business taxable income, may deduct an allocable part of the expenses attributable to the facilities and personnel. Form 1040nr ez Example 2. Form 1040nr ez An exempt organization with gross income from an unrelated trade or business pays its president $90,000 a year. Form 1040nr ez The president devotes approximately 10% of his time to the unrelated business. Form 1040nr ez To figure the organization's unrelated business taxable income, a deduction of $9,000 ($90,000 × 10%) is allowed for the salary paid to its president. Form 1040nr ez Expenses attributable to exploitation of exempt activities. Form 1040nr ez   Generally, expenses, depreciation, and similar items attributable to the conduct of an exempt activity are not deductible in computing unrelated business taxable income from an unrelated trade or business that exploits the exempt activity. Form 1040nr ez (See Exploitation of exempt functions under Not substantially related in chapter 3. Form 1040nr ez ) This is because they do not have a proximate and primary relationship to the unrelated trade or business, and therefore, they do not qualify as directly connected with that business. Form 1040nr ez Exception. Form 1040nr ez   Expenses, depreciation, and similar items may be treated as directly connected with the conduct of the unrelated business if all the following statements are true. Form 1040nr ez The unrelated business exploits the exempt activity. Form 1040nr ez The unrelated business is a type normally conducted for profit by taxable organizations. Form 1040nr ez The exempt activity is a type normally conducted by taxable organizations in carrying on that type of business. Form 1040nr ez The amount treated as directly connected is the smaller of: The excess of these expenses, depreciation, and similar items over the income from, or attributable to, the exempt activity; or The gross unrelated business income reduced by all other expenses, depreciation, and other items that are actually directly connected. Form 1040nr ez   The application of these rules to an advertising activity that exploits an exempt publishing activity is explained next. Form 1040nr ez Exploitation of Exempt Activity—Advertising Sales The sale of advertising in a periodical of an exempt organization that contains editorial material related to the accomplishment of the organization's exempt purpose is an unrelated business that exploits an exempt activity, the circulation and readership of the periodical. Form 1040nr ez Therefore, in addition to direct advertising costs, exempt activity costs (expenses, depreciation, and similar expenses attributable to the production and distribution of the editorial or readership content) can be treated as directly connected with the conduct of the advertising activity. Form 1040nr ez (See Expenses attributable to exploitation of exempt activities under Directly Connected, earlier. Form 1040nr ez ) Figuring unrelated business taxable income (UBTI). Form 1040nr ez   The UBTI of an advertising activity is the amount shown in the following chart. Form 1040nr ez IF gross advertising income is . Form 1040nr ez . Form 1040nr ez . Form 1040nr ez THEN UBTI is . Form 1040nr ez . Form 1040nr ez . Form 1040nr ez More than direct advertising costs The excess advertising income, reduced (but not below zero) by the excess, if any, of readership costs over circulation income. Form 1040nr ez Equal to or less than direct advertising costs Zero. Form 1040nr ez   • Circulation income and readership costs are not taken into account. Form 1040nr ez   • Any excess advertising costs reduce (but not below zero) UBTI from any other unrelated business activity. Form 1040nr ez   The terms used in the chart are explained in the following discussions. Form 1040nr ez Periodical Income Gross advertising income. Form 1040nr ez   This is all the income from the unrelated advertising activities of an exempt organization periodical. Form 1040nr ez Circulation income. Form 1040nr ez   This is all the income from the production, distribution, or circulation of an exempt organization's periodical (other than gross advertising income). Form 1040nr ez It includes all amounts from the sale or distribution of the readership content of the periodical, such as income from subscriptions. Form 1040nr ez It also includes allocable membership receipts if the right to receive the periodical is associated with a membership or similar status in the organization. Form 1040nr ez Allocable membership receipts. Form 1040nr ez   This is the part of membership receipts (dues, fees, or other charges associated with membership) equal to the amount that would have been charged and paid for the periodical if: The periodical was published by a taxable organization, The periodical was published for profit, and The member was an unrelated party dealing with the taxable organization at arm's length. Form 1040nr ez   The amount used to allocate membership receipts is the amount shown in the following chart. Form 1040nr ez   For this purpose, the total periodical costs are the sum of the direct advertising costs and the readership costs, explained under Periodical Costs, later. Form 1040nr ez The cost of other exempt activities means the total expenses incurred by the organization in connection with its other exempt activities, not offset by any income earned by the organization from those activities. Form 1040nr ez IF . Form 1040nr ez . Form 1040nr ez . Form 1040nr ez THEN the amount used to allocate membership receipts is . Form 1040nr ez . Form 1040nr ez . Form 1040nr ez 20% or more of the total circulation consists of sales to nonmembers The subscription price charged nonmembers. Form 1040nr ez The above condition does not apply, and 20% or more of the members pay reduced dues because they do not receive the periodical The reduction in dues for a member not receiving the periodical. Form 1040nr ez Neither of the above conditions applies The membership receipts multiplied by this fraction:   Total periodical costs Total periodical costs Plus Cost of other exempt activities Example 1. Form 1040nr ez U is an exempt scientific organization with 10,000 members who pay annual dues of $15. Form 1040nr ez One of U's activities is publishing a monthly periodical distributed to all of its members. Form 1040nr ez U also distributes 5,000 additional copies of its periodical to nonmembers, who subscribe for $10 a year. Form 1040nr ez Since the nonmember circulation of U's periodical represents one-third (more than 20%) of its total circulation, the subscription price charged to nonmembers is used to determine the part of U's membership receipts allocable to the periodical. Form 1040nr ez Thus, U's allocable membership receipts are $100,000 ($10 times 10,000 members), and U's total circulation income for the periodical is $150,000 ($100,000 from members plus $50,000 from sales to nonmembers). Form 1040nr ez Example 2. Form 1040nr ez Assume the same facts except that U sells only 500 copies of its periodical to nonmembers, at a price of $10 a year. Form 1040nr ez Assume also that U's members may elect not to receive the periodical, in which case their dues are reduced from $15 a year to $6 a year, and that only 3,000 members elect to receive the periodical and pay the full dues of $15 a year. Form 1040nr ez U's stated subscription price of $9 to members consistently results in an excess of total income (including gross advertising income) attributable to the periodical over total costs of the periodical. Form 1040nr ez Since the 500 copies of the periodical distributed to nonmembers represent only 14% of the 3,500 copies distributed, the $10 subscription price charged to nonmembers is not used to determine the part of membership receipts allocable to the periodical. Form 1040nr ez Instead, since 70% of the members elect not to receive the periodical and pay $9 less per year in dues, the $9 price is used to determine the subscription price charged to members. Form 1040nr ez Thus, the allocable membership receipts will be $9 a member, or $27,000 ($9 times 3,000 copies). Form 1040nr ez U's total circulation income is $32,000 ($27,000 plus the $5,000 from nonmember subscriptions). Form 1040nr ez Periodical Costs Direct advertising costs. Form 1040nr ez   These are expenses, depreciation, and similar items of deduction directly connected with selling and publishing advertising in the periodical. Form 1040nr ez   Examples of allowable deductions under this classification include agency commissions and other direct selling costs, such as transportation and travel expenses, office salaries, promotion and research expenses, and office overhead directly connected with the sale of advertising lineage in the periodical. Form 1040nr ez Also included are other deductions commonly classified as advertising costs under standard account classifications, such as artwork and copy preparation, telephone, telegraph, postage, and similar costs directly connected with advertising. Form 1040nr ez   In addition, direct advertising costs include the part of mechanical and distribution costs attributable to advertising lineage. Form 1040nr ez For this purpose, the general account classifications of items includable in mechanical and distribution costs ordinarily employed in business-paper and consumer-publication accounting provide a guide for the computation. Form 1040nr ez Accordingly, the mechanical and distribution costs include the part of the costs and other expenses of composition, press work, binding, mailing (including paper and wrappers used for mailing), and bulk postage attributable to the advertising lineage of the publication. Form 1040nr ez   In the absence of specific and detailed records, the part of mechanical and distribution costs attributable to the periodical's advertising lineage can be based on the ratio of advertising lineage to total lineage in the periodical, if this allocation is reasonable. Form 1040nr ez Readership costs. Form 1040nr ez   These are all expenses, depreciation, and similar items that are directly connected with the production and distribution of the readership content of the periodical. Form 1040nr ez Costs partly attributable to other activities. Form 1040nr ez   Deductions properly attributable to exempt activities other than publishing the periodical may not be allocated to the periodical. Form 1040nr ez When expenses are attributable both to the periodical and to the organization's other activities, an allocation must be made on a reasonable basis. Form 1040nr ez The method of allocation will vary with the nature of the item, but once adopted, should be used consistently. Form 1040nr ez Allocations based on dollar receipts from various exempt activities generally are not reasonable since receipts usually do not accurately reflect the costs associated with specific activities that an exempt organization conducts. Form 1040nr ez Consolidated Periodicals If an exempt organization publishes more than one periodical to produce income, it may treat all of them (but not less than all) as one in determining unrelated business taxable income from selling advertising. Form 1040nr ez It treats the gross income from all the periodicals, and the deductions directly connected with them, on a consolidated basis. Form 1040nr ez Consolidated treatment, once adopted, must be followed consistently and is binding. Form 1040nr ez This treatment can be changed only with the consent of the Internal Revenue Service. Form 1040nr ez An exempt organization's periodical is published to produce income if: The periodical generates gross advertising income to the organization equal to at least 25% of its readership costs, and Publishing the periodical is an activity engaged in for profit. Form 1040nr ez Whether the publication of a periodical is an activity engaged in for profit can be determined only by all the facts and circumstances in each case. Form 1040nr ez The facts and circumstances must show that the organization carries on the activity for economic profit, although there may not be a profit in a particular year. Form 1040nr ez For example, if an organization begins publishing a new periodical whose total costs exceed total income in the start-up years because of lack of advertising sales, that does not mean that the organization did not have as its objective an economic profit. Form 1040nr ez The organization may establish that it had this objective by showing it can reasonably expect advertising sales to increase, so that total income will exceed costs within a reasonable time. Form 1040nr ez Example. Form 1040nr ez Y, an exempt trade association, publishes three periodicals that it distributes to its members: a weekly newsletter, a monthly magazine, and a quarterly journal. Form 1040nr ez Both the monthly magazine and the quarterly journal contain advertising that accounts for gross advertising income equal to more than 25% of their respective readership costs. Form 1040nr ez Similarly, the total income attributable to each periodical has exceeded the total deductions attributable to each periodical for substantially all the years they have been published. Form 1040nr ez The newsletter carries no advertising and its annual subscription price is not intended to cover the cost of publication. Form 1040nr ez The newsletter is a service that Y distributes to all of its members in an effort to keep them informed of changes occurring in the business world. Form 1040nr ez It is not engaged in for profit. Form 1040nr ez Under these circumstances, Y may consolidate the income and deductions from the monthly and quarterly journals in computing its unrelated business taxable income. Form 1040nr ez It may not consolidate the income and deductions from the newsletter with the income and deductions of its other periodicals, since the newsletter is not published for the production of income. Form 1040nr ez Modifications Net operating loss deduction. Form 1040nr ez   The net operating loss (NOL) deduction (as provided in section 172) is allowed in computing unrelated business taxable income. Form 1040nr ez However, the NOL for any tax year, the carrybacks and carryovers of NOLs, and the NOL deduction are determined without taking into account any amount of income or deduction that has been specifically excluded in computing unrelated business taxable income. Form 1040nr ez For example, a loss from an unrelated trade or business is not diminished because dividend income was received. Form 1040nr ez   If this were not done, organizations would, in effect, be taxed on their exempt income, since unrelated business losses then would be offset by dividends, interest, and other excluded income. Form 1040nr ez This would reduce the loss that could be applied against unrelated business income of prior or future tax years. Form 1040nr ez Therefore, to preserve the immunity of exempt income, all NOL computations are limited to those items of income and deductions that affect the unrelated business taxable income. Form 1040nr ez   In line with this concept, an NOL carryback or carryover is allowed only from a tax year for which the organization is subject to tax on unrelated business income. Form 1040nr ez   For example, if an organization just became subject to the tax last year, its NOL for that year is not a carryback to a prior year when it had no unrelated business taxable income, nor is its NOL carryover to succeeding years reduced by the related income of those prior years. Form 1040nr ez   However, in determining the span of years for which an NOL may be carried back or forward, the tax years for which the organization is not subject to the tax on unrelated business income are counted. Form 1040nr ez For example, if an organization was subject to the tax for 2009 and had an NOL for that year, the last tax year to which any part of that loss may be carried over is 2029, regardless of whether the organization was subject to the unrelated business income tax in any of the intervening years. Form 1040nr ez   For more details on the NOL deduction, including property eligible for an extended carryback period, see sections 172 and 1400N, Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts, and Publication 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas. Form 1040nr ez Charitable contributions deduction. Form 1040nr ez   An exempt organization is allowed to deduct its charitable contributions in computing its unrelated business taxable income whether or not the contributions are directly connected with the unrelated business. Form 1040nr ez   To be deductible, the contribution must be paid to another qualified organization. Form 1040nr ez For example, an exempt university that operates an unrelated business may deduct a contribution made to another university for educational work, but may not claim a deduction for contributions of amounts spent for carrying out its own educational program. Form 1040nr ez   For purposes of the deduction, a distribution by a trust made under the trust instrument to a beneficiary, which itself is a qualified organization, is treated the same as a contribution. Form 1040nr ez Deduction limits. Form 1040nr ez   An exempt organization that is subject to the unrelated business income tax at corporate rates is allowed a deduction for charitable contributions up to 10% of its unrelated business taxable income computed without regard to the deduction for contributions. Form 1040nr ez See the Instructions for Form 990-T for more information. Form 1040nr ez    An exempt trust that is subject to the unrelated business income tax at trust rates generally is allowed a deduction for charitable contributions in the same amounts as allowed for individuals. Form 1040nr ez However, the limit on the deduction is determined in relation to the trust's unrelated business taxable income computed without regard to the deduction, rather than in relation to adjusted gross income. Form 1040nr ez   Contributions in excess of the limits just described may be carried over to the next 5 tax years. Form 1040nr ez A contribution carryover is not allowed, however, to the extent that it increases an NOL carryover. Form 1040nr ez Suspension of deduction limits for farmers and ranchers. Form 1040nr ez   The limitations discussed above are temporarily suspended for certain qualified conservation contributions of property used in agriculture or livestock production. Form 1040nr ez See the Instructions for Form 990-T for details. Form 1040nr ez Specific deduction. Form 1040nr ez   In computing unrelated business taxable income, a specific deduction of $1,000 is allowed. Form 1040nr ez However, the specific deduction is not allowed in computing an NOL or the NOL deduction. Form 1040nr ez   Generally, the deduction is limited to $1,000 regardless of the number of unrelated businesses in which the organization is engaged. Form 1040nr ez Exception. Form 1040nr ez   An exception is provided in the case of a diocese, province of a religious order, or a convention or association of churches that may claim a specific deduction for each parish, individual church, district, or other local unit. Form 1040nr ez In these cases, the specific deduction for each local unit is limited to the lower of: $1,000, or Gross income derived from an unrelated trade or business regularly conducted by the local unit. Form 1040nr ez   This exception applies only to parishes, districts, or other local units that are not separate legal entities, but are components of a larger entity (diocese, province, convention, or association) filing Form 990-T. Form 1040nr ez The parent organization must file a return reporting the unrelated business gross income and related deductions of all units that are not separate legal entities. Form 1040nr ez The local units cannot file separate returns. Form 1040nr ez However, each local unit that is separately incorporated must file its own return and cannot include, or be included with, any other entity. Form 1040nr ez See Title-holding corporations in chapter 1 for a discussion of the only situation in which more than one legal entity may be included on the same Form 990-T. Form 1040nr ez Example. Form 1040nr ez X is an association of churches and is divided into local units A, B, C, and D. Form 1040nr ez Last year, A, B, C, and D derived gross income of, respectively, $1,200, $800, $1,500, and $700 from unrelated businesses that they regularly conduct. Form 1040nr ez X may claim a specific deduction of $1,000 with respect to A, $800 with respect to B, $1,000 with respect to C, and $700 with respect to D. Form 1040nr ez Partnership Income or Loss An organization may have unrelated business income or loss as a member of a partnership, rather than through direct business dealings with the public. Form 1040nr ez If so, it must treat its share of the partnership income or loss as if it had conducted the business activity in its own capacity as a corporation or trust. Form 1040nr ez No distinction is made between limited and general partners. Form 1040nr ez The organization is required to notify the partnership of its tax-exempt status. Form 1040nr ez Thus, if an organization is a member of a partnership regularly engaged in a trade or business that is an unrelated trade or business with respect to the organization, the organization must include in its unrelated business taxable income its share of the partnership's gross income from the unrelated trade or business (whether or not distributed), and the deductions attributable to it. Form 1040nr ez The partnership income and deductions to be included in the organization's unrelated business taxable income are figured the same way as any income and deductions from an unrelated trade or business conducted directly by the organization. Form 1040nr ez The partnership is required to provide the organization this information on Schedule K-1. Form 1040nr ez Example. Form 1040nr ez An exempt educational organization is a partner in a partnership that operates a factory. Form 1040nr ez The partnership also holds stock in a corporation. Form 1040nr ez The exempt organization must include its share of the gross income from operating the factory in its unrelated business taxable income but may exclude its share of any dividends the partnership received from the corporation. Form 1040nr ez Different tax years. Form 1040nr ez   If the exempt organization and the partnership of which it is a member have different tax years, the partnership items that enter into the computation of the organization's unrelated business taxable income must be based on the income and deductions of the partnership for the partnership's tax year that ends within or with the organization's tax year. Form 1040nr ez S Corporation Income or Loss An organization that owns S corporation stock must take into account its share of the S corporation's income, deductions, or losses in figuring unrelated business taxable income, regardless of the actual source or nature of the income, deductions, and losses. Form 1040nr ez For example, the organization's share of the S corporation's interest and dividend income will be taxable, even though interest and dividends are normally excluded from unrelated business taxable income. Form 1040nr ez The organization must also take into account its gain or loss on the sale or other disposition of the S corporation stock in figuring unrelated business taxable income. Form 1040nr ez Special Rules for Foreign Organizations The unrelated business taxable income of a foreign organization exempt from tax under section 501(a) consists of the organization's: Unrelated business taxable income derived from sources within the United States but not effectively connected with the conduct of a trade or business within the United States, and Unrelated business taxable income effectively connected with the conduct of a trade or business within the United States, whether or not this income is derived from sources within the United States. Form 1040nr ez To determine whether income realized by a foreign organization is derived from sources within the United States or is effectively connected with the conduct of a trade or business within the United States, see sections 861 through 865 and the related regulations. Form 1040nr ez Special Rules for Social Clubs, VEBAs, SUBs, and GLSOs The following discussion applies to: Social clubs described in section 501(c)(7), Voluntary employees' beneficiary associations (VEBAs) described in section 501(c)(9), Supplemental unemployment compensation benefit trusts (SUBs) described in section 501(c)(17), and Group legal services organizations (GLSOs) described in section 501(c)(20). Form 1040nr ez These organizations must figure unrelated business taxable income under special rules. Form 1040nr ez Unlike other exempt organizations, they cannot exclude their investment income (dividends, interest, rents, etc. Form 1040nr ez ). Form 1040nr ez (See Exclusions under Income, earlier. Form 1040nr ez ) Therefore, they are generally subject to unrelated business income tax on this income. Form 1040nr ez The unrelated business taxable income of these organizations includes all gross income, less deductions directly connected with the production of that income, except that gross income for this purpose does not include exempt function income. Form 1040nr ez The dividends received by a corporation are not allowed in computing unrelated business taxable income because it is not an expense incurred in the production of income. Form 1040nr ez Losses from nonexempt activities. Form 1040nr ez   Losses from nonexempt activities of these organizations cannot be used to offset investment income unless the activities were undertaken with the intent to make a profit. Form 1040nr ez Example. Form 1040nr ez A private golf and country club that is a qualified tax-exempt social club has nonexempt function income from interest and from the sale of food and beverages to nonmembers. Form 1040nr ez The club sells food and beverages as a service to members and their guests rather than for the purpose of making a profit. Form 1040nr ez Therefore, any loss resulting from sales to nonmembers cannot be used to offset the club's interest income. Form 1040nr ez Modifications. Form 1040nr ez   The unrelated business taxable income is modified by any NOL or charitable contributions deduction and by the specific deduction (described earlier under Deductions). Form 1040nr ez Exempt function income. Form 1040nr ez   This is gross income from dues, fees, charges or similar items paid by members for goods, facilities, or services to the members or their dependents or guests, to further the organization's exempt purposes. Form 1040nr ez Exempt function income also includes income set aside for qualified purposes. Form 1040nr ez Income that is set aside. Form 1040nr ez   This is income set aside to be used for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals. Form 1040nr ez In addition, for a VEBA, SUB, or GLSO, it is income set aside to provide for the payment of life, sick, accident, or other benefits. Form 1040nr ez   However, any amounts set aside by a VEBA or SUB that exceed the organization's qualified asset account limit (determined under section 419A) are unrelated business income. Form 1040nr ez Special rules apply to the treatment of existing reserves for post-retirement medical or life insurance benefits. Form 1040nr ez These rules are explained in section 512(a)(3)(E)(ii). Form 1040nr ez   Income derived from an unrelated trade or business may not be set aside and therefore cannot be exempt function income. Form 1040nr ez In addition, any income set aside and later spent for other purposes must be included in unrelated business taxable income. Form 1040nr ez   Set-aside income is generally excluded from gross income only if it is set aside in the tax year in which it is otherwise includible in gross income. Form 1040nr ez However, income set aside on or before the date for filing Form 990-T, including extensions of time, may, at the election of the organization, be treated as having been set aside in the tax year for which the return was filed. Form 1040nr ez The income set aside must have been includible in gross income for that earlier year. Form 1040nr ez Nonrecognition of gain. Form 1040nr ez   If the organization sells property used directly in performing an exempt function and purchases other property used directly in performing an exempt function, any gain on the sale is recognized only to the extent that the sales price of the old property exceeds the cost of the new property. Form 1040nr ez The purchase of the new property must be made within 1 year before the date of sale of the old property or within 3 years after the date of sale. Form 1040nr ez   This rule also applies to gain from an involuntary conversion of the property resulting from its destruction in whole or in part, theft, seizure, requisition, or condemnation. Form 1040nr ez Special Rules for Veterans' Organizations Unrelated business taxable income of a veterans' organization that is exempt under section 501(c)(19) does not include the net income from insurance business that is properly set aside. Form 1040nr ez The organization may set aside income from payments received for life, sick, accident, or health insurance for the organization's members or their dependents for the payment of insurance benefits or reasonable costs of insurance administration, or for use exclusively for religious, charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. Form 1040nr ez For details, see section 512(a)(4) and the regulations under that section. Form 1040nr ez Income From Controlled Organizations The exclusions for interest, annuities, royalties, and rents, explained earlier in this chapter under Income, may not apply to a payment of these items received by a controlling organization from its controlled organization. Form 1040nr ez The payment is included in the controlling organization's unrelated business taxable income to the extent it reduced the net unrelated income (or increased the net unrelated loss) of the controlled organization. Form 1040nr ez All deductions of the controlling organization directly connected with the amount included in its unrelated business taxable income are allowed. Form 1040nr ez Excess qualifying specified payments. Form 1040nr ez   Excess qualifying specified payments received or accrued from a controlled entity are included in a controlling exempt organization's unrelated business taxable income only on the amount that exceeds that which would have been paid or accrued if the payments had been determined under section 482. Form 1040nr ez Qualifying specified payments means any payments of interest, annuities, royalties, or rents received or accrued from the controlled organization pursuant to a binding written contract in effect on August 17, 2006, or to a contract which is a renewal, under substantially similar terms of a binding written contract in effect on August 17, 2006, and the payments are received or accrued before January 1, 2012. Form 1040nr ez   If a controlled participant is not required to file a U. Form 1040nr ez S. Form 1040nr ez income tax return, the participant must ensure that the copy or copies of the Regulations section 1. Form 1040nr ez 482-7 Cost Sharing Arrangement Statement and any updates are attached to Schedule M of any Form 5471, Information Return of U. Form 1040nr ez S. Form 1040nr ez Persons With Respect To Certain Foreign Corporations, any Form 5472, Information Return of a 25% Foreign-Owned U. Form 1040nr ez S. Form 1040nr ez Corporation or a Foreign Corporation Engaged in a U. Form 1040nr ez S. Form 1040nr ez Trade or Business, or any Form 8865, Return of U. Form 1040nr ez S. Form 1040nr ez Persons With Respect to Certain Foreign Partnerships, filed for that participant. Form 1040nr ez Addition to tax for valuation misstatements. Form 1040nr ez   Under section 512(b)(13)(E)(ii), the tax imposed on a controlling organization will be increased by 20 percent of the excess qualifying specified payments that are determined with or without any amendments or supplements, whichever is larger. Form 1040nr ez See section 512(b)(13)(E)(ii) for more information. Form 1040nr ez Net unrelated income. Form 1040nr ez   This is: For an exempt organization, its unrelated business taxable income, or For a nonexempt organization, the part of its taxable income that would be unrelated business taxable income if it were exempt and had the same exempt purposes as the controlling organization. Form 1040nr ez Net unrelated loss. Form 1040nr ez   This is: For an exempt organization, its NOL, or For a nonexempt organization, the part of its NOL that would be its NOL if it were exempt and had the same exempt purposes as the controlling organization. Form 1040nr ez Control. Form 1040nr ez   An organization is controlled if: For a corporation, the controlling organization owns (by vote or value) more than 50% of the stock, For a partnership, the controlling organization owns more than 50% of the profits or capital interests, or For any other organization, the controlling organization owns more than 50% of the beneficial interest. Form 1040nr ez For this purpose, constructive ownership of stock (determined under section 318) or other interests is taken into account. Form 1040nr ez   As a result, an exempt parent organization is treated as controlling any subsidiary in which it holds more than 50% of the voting power or value, whether directly (as in the case of a first-tier subsidiary) or indirectly (as in the case of a second-tier subsidiary). Form 1040nr ez Income from property financed with qualified 501(c)(3) bonds. Form 1040nr ez If any part of a 501(c)(3) organization's property financed with qualified 501(c)(3) bonds is used in a trade or business of any person other than a section 501(c)(3) organization or a governmental unit, and such use is not consistent with the requirements for qualified 501(c)(3) bonds under section 145, the section 501(c)(3) organization is considered to have received unrelated business income in the amount of the greater of the actual rental income or the fair rental value of the property for the period it is used. Form 1040nr ez No deduction is allowed for interest on the private activity bond. Form 1040nr ez See sections 150(b)(3) and (c) for more information. Form 1040nr ez Disposition of property received from taxable subsidiary and used in unrelated business. Form 1040nr ez A taxable 80%-owned subsidiary corporation of one or more tax-exempt entities is generally subject to tax on a distribution in liquidation of its assets to its exempt parent (or parents). Form 1040nr ez The assets are treated as if sold at fair market value. Form 1040nr ez Tax-exempt entities include organizations described in sections 501(a), 529, and 115, charitable remainder trusts, U. Form 1040nr ez S. Form 1040nr ez and foreign governments, Indian tribal governments, international organizations, and similar non-taxable organizations. Form 1040nr ez A taxable corporation that transfers substantially all of its assets to a tax-exempt entity in a transaction that otherwise qualifies for nonrecognition treatment must recognize gain on the transaction as if it sold the assets at fair market value. Form 1040nr ez However, such a transfer is not taxable if it qualifies as a like-kind exchange under section 1031 or an involuntary conversion under section 1033. Form 1040nr ez In such a case the built-in appreciation is preserved in the replacement property received in the transaction. Form 1040nr ez A corporation that changes status from taxable to tax-exempt is treated generally as if it transferred all of its assets to a tax-exempt entity immediately before the change in status (thus subjecting it to the tax on a deemed sale for fair market value). Form 1040nr ez This rule does not apply where the taxable corporation becomes exempt within 3 years of formation, or had previously been exempt and within several years (generally a period of 3 years) regains exemption, unless the principal purpose of the transactions is to avoid the tax on the change in status. Form 1040nr ez In the transactions described above, the taxable event is deferred for property that the tax-exempt entity immediately uses in an unrelated business. Form 1040nr ez If the parent later disposes of the property, then any gain (not in excess of the amount not recognized) is included in the parent's unrelated business taxable income. Form 1040nr ez If there is partial use of the assets in unrelated business, then there is partial recognition of gain or loss. Form 1040nr ez Property is treated as disposed if the tax-exempt entity no longer uses it in an unrelated business. Form 1040nr ez Losses on the transfer of assets to a tax-exempt entity are disallowed if part of a plan with a principal purpose of recognizing losses. Form 1040nr ez Income From Debt-Financed Property Investment income that would otherwise be excluded from an exempt organization's unrelated business taxable income (see Exclusions under Income earlier) must be included to the extent it is derived from debt-financed property. Form 1040nr ez The amount of income included is proportionate to the debt on the property. Form 1040nr ez Debt-Financed Property In general, the term “debt-financed property” means any property held to produce income (including gain from its disposition) for which there is an acquisition indebtedness at any time during the tax year (or during the 12-month period before the date of the property's disposal, if it was disposed of during the tax year). Form 1040nr ez It includes rental real estate, tangible personal property, and corporate stock. Form 1040nr ez Acquisition Indebtedness For any debt-financed property, acquisition indebtedness is the unpaid amount of debt incurred by an organization: When acquiring or improving the property, Before acquiring or improving the property if the debt would not have been incurred except for the acquisition or improvement, and After acquiring or improving the property if: The debt would not have been incurred except for the acquisition or improvement, and Incurring the debt was reasonably foreseeable when the property was acquired or improved. Form 1040nr ez The facts and circumstances of each situation determine whether incurring a debt was reasonably foreseeable. Form 1040nr ez That an organization may not have foreseen the need to incur a debt before acquiring or improving the property does not necessarily mean that incurring the debt later was not reasonably foreseeable. Form 1040nr ez Example 1. Form 1040nr ez Y, an exempt scientific organization, mortgages its laboratory to replace working capital used in remodeling an office building that Y rents to an insurance company for nonexempt purposes. Form 1040nr ez The debt is acquisition indebtedness since the debt, though incurred after the improvement of the office building, would not have been incurred without the improvement, and the debt was reasonably foreseeable when, to make the improvement, Y reduced its working capital below the amount necessary to continue current operations. Form 1040nr ez Example 2. Form 1040nr ez X, an exempt organization, forms a partnership with A and B. Form 1040nr ez The partnership agreement provides that all three partners will share equally in the profits of the partnership, each will invest $3 million, and X will be a limited partner. Form 1040nr ez X invests $1 million of its own funds in the partnership and $2 million of borrowed funds. Form 1040nr ez The partnership buys as its sole asset an office building that it leases to the public for nonexempt purposes. Form 1040nr ez The office building costs the partnership $24 million, of which $15 million is borrowed from Y bank. Form 1040nr ez The loan is secured by a mortgage on the entire office building. Form 1040nr ez By agreement with Y bank, X is not personally liable for payment of the mortgage. Form 1040nr ez X has acquisition indebtedness of $7 million. Form 1040nr ez This amount is the $2 million debt X incurred in acquiring the partnership interest, plus the $5 million that is X's allocable part of the partnership's debt incurred to buy the office building (one-third of $15 million). Form 1040nr ez Example 3. Form 1040nr ez A labor union advanced funds, from existing resources and without any borrowing, to its tax-exempt subsidiary title-holding company. Form 1040nr ez The subsidiary used the funds to pay a debt owed to a third party that was previously incurred in acquiring two income-producing office buildings. Form 1040nr ez Neither the union nor the subsidiary has incurred any further debt in acquiring or improving the property. Form 1040nr ez The union has no outstanding debt on the property. Form 1040nr ez The subsidiary's debt to the union is represented by a demand note on which the subsidiary makes payments whenever it has the available cash. Form 1040nr ez The books of the union and the subsidiary list the outstanding debt as interorganizational indebtedness. Form 1040nr ez Although the subsidiary's books show a debt to the union, it is not the type subject to the debt-financed property rules. Form 1040nr ez In this situation, the very nature of the title-holding company and the parent-subsidiary relationship shows this debt to be merely a matter of accounting between the two organizations. Form 1040nr ez Accordingly, the debt is not acquisition indebtedness. Form 1040nr ez Change in use of property. Form 1040nr ez   If an organization converts property that is not debt-financed property to a use that results in its treatment as debt-financed property, the outstanding principal debt on the property is thereafter treated as acquisition indebtedness. Form 1040nr ez Example. Form 1040nr ez Four years ago a university borrowed funds to acquire an apartment building as housing for married students. Form 1040nr ez Last year, the university rented the apartment building to the public for nonexempt purposes. Form 1040nr ez The outstanding principal debt becomes acquisition indebtedness as of the time the building was first rented to the public. Form 1040nr ez Continued debt. Form 1040nr ez   If an organization sells property and, without paying off debt that would be acquisition indebtedness if the property were debt-financed property, buys property that is otherwise debt-financed property, the unpaid debt is acquisition indebtedness for the new property. Form 1040nr ez This is true even if the original property was not debt-financed property. Form 1040nr ez Example. Form 1040nr ez To house its administration offices, an exempt organization bought a building using $600,000 of its own funds and $400,000 of borrowed funds secured by a pledge of its securities. Form 1040nr ez The office building was not debt-financed property. Form 1040nr ez The organization later sold the building for $1 million without repaying the $400,000 loan. Form 1040nr ez It used the sale proceeds to buy an apartment building it rents to the general public. Form 1040nr ez The unpaid debt of $400,000 is acquisition indebtedness with respect to the apartment building. Form 1040nr ez Property acquired subject to mortgage or lien. Form 1040nr ez   If property (other than certain gifts, bequests, and devises) is acquired subject to a mortgage, the outstanding principal debt secured by that mortgage is treated as acquisition indebtedness even if the organization did not assume or agree to pay the debt. Form 1040nr ez Example. Form 1040nr ez An exempt organization paid $50,000 for real property valued at $150,000 and subject to a $100,000 mortgage. Form 1040nr ez The $100,000 of outstanding principal debt is acquisition indebtedness, as though the organization had borrowed $100,000 to buy the property. Form 1040nr ez Liens similar to a mortgage. Form 1040nr ez   In determining acquisition indebtedness, a lien similar to a mortgage is treated as a mortgage. Form 1040nr ez A lien is similar to a mortgage if title to property is encumbered by the lien for a creditor's benefit. Form 1040nr ez However, when state law provides that a lien for taxes or assessments attaches to property before the taxes or assessments become due and payable, the lien is not treated as a mortgage until after the taxes or assessments have become due and payable and the organization has had an opportunity to pay the lien in accordance with state law. Form 1040nr ez Liens similar to mortgages include (but are not limited to): Deeds of trust, Conditional sales contracts, Chattel mortgages, Security interests under the Uniform Commercial Code, Pledges, Agreements to hold title in escrow, and Liens for taxes or assessments (other than those discussed earlier in this paragraph). Form 1040nr ez Exception for property acquired by gift, bequest, or devise. Form 1040nr ez   If property subject to a mortgage is acquired by gift, bequest, or devise, the outstanding principal debt secured by the mortgage is not treated as acquisition indebtedness during the 10-year period following the date the organization receives the property. Form 1040nr ez However, this applies to a gift of property only if:    The mortgage was placed on the property more than 5 years before the date the organization received it, and The donor held the property for more than 5 years before the date the organization received it. Form 1040nr ez   This exception does not apply if an organization assumes and agrees to pay all or part of the debt secured by the mortgage or makes any payment for the equity in the property owned by the donor or decedent (other than a payment under an annuity obligation excluded from the definition of acquisition indebtedness, discussed under Debt That Is Not Acquisition Indebtedness, later). Form 1040nr ez   Whether an organization has assumed and agreed to pay all or part of a debt in order to acquire the property is determined by the facts and circumstances of each situation. Form 1040nr ez Modifying existing debt. Form 1040nr ez   Extending, renewing, or refinancing an existing debt is considered a continuation of that debt to the extent its outstanding principal does not increase. Form 1040nr ez When the principal of the modified debt is more than the outstanding principal of the old debt, the excess is treated as a separate debt. Form 1040nr ez Extension or renewal. Form 1040nr ez   In general, any modification or substitution of the terms of a debt by an organization is considered an extension or renewal of the original debt, rather than the start of a new one, to the extent that the outstanding principal of the debt does not increase. Form 1040nr ez   The following are examples of acts resulting in the extension or renewal of a debt: Substituting liens to secure the debt, Substituting obligees whether or not with the organization's consent, Renewing, extending, or accelerating the payment terms of the debt, and Adding, deleting, or substituting sureties or other primary or secondary obligors. Form 1040nr ez Debt increase. Form 1040nr ez   If the outstanding principal of a modified debt is more than that of the unmodified debt, and only part of the refinanced debt is acquisition indebtedness, the payments on the refinanced debt must be allocated between the old debt and the excess. Form 1040nr ez Example. Form 1040nr ez An organization has an outstanding principal debt of $500,000 that is treated as acquisition indebtedness. Form 1040nr ez The organization borrows another $100,000, which is not acquisition indebtedness, from the same lender, resulting in a $600,000 note for the total obligation. Form 1040nr ez A payment of $60,000 on the total obligation would reduce the acquisition indebtedness by $50,000 ($60,000 x $500,000/$600,000) and the excess debt by $10,000. Form 1040nr ez Debt That Is Not Acquisition Indebtedness Certain debt and obligations are not acquisition indebtedness. Form 1040nr ez These include the following. Form 1040nr ez Debts incurred in performing an exempt purpose. Form 1040nr ez Annuity obligations. Form 1040nr ez Securities loans. Form 1040nr ez Real property debts of qualified organizations. Form 1040nr ez Certain Federal financing. Form 1040nr ez Debt incurred in performing exempt purpose. Form 1040nr ez   A debt incurred in performing an exempt purpose is not acquisition indebtedness. Form 1040nr ez For example, acquisition indebtedness does not include the debt an exempt credit union incurs in accepting deposits from its members or the debt an exempt organization incurs in accepting payments from its members to provide them with insurance, retirement, or other benefits. Form 1040nr ez Annuity obligation. Form 1040nr ez   The organization's obligation to pay an annuity is not acquisition indebtedness if the annuity meets all the following requirements. Form 1040nr ez It must be the sole consideration (other than a mortgage on property acquired by gift, bequest, or devise that meets the exception discussed under Property acquired subject to mortgage or lien, earlier in this chapter) issued in exchange for the property received. Form 1040nr ez Its present value, at the time of exchange, must be less than 90% of the value of the prior owner's equity in the property received. Form 1040nr ez It must be payable over the lives of either one or two individuals living when issued. Form 1040nr ez It must be payable under a contract that: Does not guarantee a minimum nor specify a maximum number of payments, and Does not provide for any adjustment of the amount of the annuity payments based on the income received from the transferred property or any other property. Form 1040nr ez Example. Form 1040nr ez X, an exempt organization, receives property valued at $100,000 from donor A, a male age 60. Form 1040nr ez In return X promises to pay A $6,000 a year for the rest of A's life, with neither a minimum nor maximum number of payments specified. Form 1040nr ez The amounts paid under the annuity are not dependent on the income derived from the property transferred to X. Form 1040nr ez The present value of this annuity is $81,156, determined from IRS valuation tables. Form 1040nr ez Since the value of the annuity is less than 90 percent of A's $100,000 equity in the property transferred and the annuity meets all the other requirements just discussed, the obligation to make annuity payments is not acquisition indebtedness. Form 1040nr ez Securities loans. Form 1040nr ez   Acquisition indebtedness does not include an obligation of the exempt organization to return collateral security provided by the borrower of the exempt organization's securities under a securities loan agreement (discussed under Exclusions earlier in this chapter). Form 1040nr ez This transaction is not treated as the borrowing by the exempt organization of the collateral furnished by the borrower (usually a broker) of the securities. Form 1040nr ez   However, if the exempt organization incurred debt to buy the loaned securities, any income from the securities (including income from