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Taxact 2007 Index A Adjusted basis for installment sale, Adjusted basis for installment sale purposes. Taxact 2007 Assistance (see Tax help) B Basis Adjusted, Adjusted basis. Taxact 2007 Assumed mortgage, Buyer Assumes Mortgage Installment obligation, Basis. Taxact 2007 , Basis in installment obligation. Taxact 2007 , Basis in installment obligation. Taxact 2007 Installment sale, Adjusted basis for installment sale purposes. Taxact 2007 Repossessed property, Basis in repossessed property. Taxact 2007 , Basis. Taxact 2007 Bond, Bond. Taxact 2007 Buyer's note, Buyer's note. Taxact 2007 C Contingent payment sale, Contingent Payment Sale Contract price, Contract price. Taxact 2007 D Dealer sales, special rule, Dealer sales. Taxact 2007 Depreciation recapture income, Depreciation Recapture Income Disposition of installment obligation, Disposition of an Installment Obligation E Electing out, Electing Out of the Installment Method Escrow account, Escrow Account F Fair market value, Fair market value (FMV). Taxact 2007 , Fair market value (FMV). Taxact 2007 Figuring installment sale income, Figuring Installment Sale Income Form 4797, Form 4797, Form 4797. Taxact 2007 6252, Form 6252, Reporting an Installment Sale 8594, Reporting requirement. Taxact 2007 Schedule D (Form 1040), Schedule D (Form 1040), Other forms. Taxact 2007 , Schedule D (Form 1040). Taxact 2007 Free tax services, Free help with your tax return. Taxact 2007 G Gross profit percentage, Gross profit percentage. Taxact 2007 Gross profit, defined, Gross profit. Taxact 2007 Guarantee, Debt not payable on demand. Taxact 2007 H Help (see Tax help) I Installment obligation Defined, Installment obligation. Taxact 2007 Disposition, Disposition of an Installment Obligation Used as security, Installment Obligation Used as Security (Pledge Rule) Installment Sale, What Is an Installment Sale? Interest Escrow account, Escrow Account Income, Interest Income Reporting, Seller-financed mortgage. Taxact 2007 Unstated, Installment income after 2013. Taxact 2007 Interest on deferred tax, Interest on Deferred Tax Exceptions, Exceptions. Taxact 2007 L Like-kind exchange, Like-Kind Exchange N Note Buyer's, Buyer's note. Taxact 2007 Third-party, Third-party note. Taxact 2007 O Original issue discount, Installment income after 2013. Taxact 2007 P Payments considered received, Payments Received or Considered Received Buyer assumes debts, Buyer Assumes Other Debts Buyer pays seller's expenses, Buyer Pays Seller's Expenses Mortgage assumed, Buyer Assumes Mortgage Pledge rule, Installment Obligation Used as Security (Pledge Rule) Payments received, Payments Received or Considered Received Pledge rule, Installment Obligation Used as Security (Pledge Rule) Publications (see Tax help) R Related person Land sale, Land transfers between related persons. Taxact 2007 Reporting sale to, Related person. Taxact 2007 Sale to, Sale to a Related Person Reporting installment sale, Reporting Installment Sale Income, Reporting an Installment Sale Repossession, Repossession Holding period for resale, Holding period for resales. Taxact 2007 Personal property, Personal Property Real property, Real Property S Sale at a loss, Sale at a loss. Taxact 2007 Sale of Business, Sale of a Business Home, Sale of Your Home Land between related persons, Land transfers between related persons. Taxact 2007 Partnership interest, Sale of Partnership Interest Several assets, Single Sale of Several Assets, Several assets. Taxact 2007 Stock or securities, Stock or securities. Taxact 2007 Sales by dealers, Dealer sales. Taxact 2007 Section 1274, Section 1274 Exceptions, Exceptions to Sections 1274 and 483 Section 483, Section 483 Exceptions, Exceptions to Sections 1274 and 483 Selling expenses, Selling expenses. Taxact 2007 Selling price Defined, Selling price. Taxact 2007 Reduced, Selling Price Reduced Single sale of several assets, Single Sale of Several Assets, Several assets. Taxact 2007 T Tax help, How To Get Tax Help Third-party note, Third-party note. Taxact 2007 TTY/TDD information, How To Get Tax Help U Unstated interest, Installment income after 2013. Taxact 2007 Prev Up Home More Online Publications
Alternative Motor Vehicle Credit
The Alternative Fuel Motor Vehicle Credit was enacted by the Energy Policy Act of 2005 and includes separate credits for four distinct categories of vehicles:
- Qualified Hybrid Vehicles, - expired
- Qualified Fuel Cell Vehicles,
- Qualified Alternative Fuel Motor Vehicles (QAFMV) and Heavy Hybrids, expired
- Advanced Lean-Burn Technology Vehicles. expired
The amount of the potential credit varies by type of vehicle and which of the four credits applies.
Internal Revenue Code Section 30B provides for the Alternative Motor Vehicle Credit. Notice 2006-9 provides procedures for manufacturers to certify passenger auto and light trucks as Qualified Hybrid Vehicles and Advance Lean Burn Vehicles and Notice 2007-46 provides procedures for heavy hybrid vehicles. Notice 2006-54 provides procedures for manufacturers to certify vehicles as Qualified Alternative Fuel Motor Vehicles (QAFMV). Notice 2008-33 provides procedures for manufacturers to certify Fuel Cell Vehicles.
Each of the four credits under the Alternative Motor Vehicle Credit is addressed individually below.
Qualified Fuel Cell Vehicles
A qualified fuel cell motor vehicle is a vehicle that is propelled by power derived from one or more cells which convert chemical energy directly into electricity.
The base amount of the new qualified fuel cell motor vehicle credit varies with the gross vehicle weight rating of the vehicle. Passenger automobiles and light trucks are eligible for an additional fuel economy amount that varies with the rated fuel economy of a qualifying vehicle. A list of qualifying cell vehicles is available.
Page Last Reviewed or Updated: 11-Feb-2014
The Taxact 2007
Taxact 2007 1. Taxact 2007 Application, Approval, and Appeal Procedures Table of Contents Introduction Topics - This chapter discusses: Application ProceduresForms Required Required Inclusions Miscellaneous Procedures Rulings and Determination LettersEffective Date of Exemption Revocation or Modification of Exemption Appeal ProceduresAppeals Office Consideration EO Technical Consideration Administrative Remedies Appeal to Courts Group Exemption LetterCentral Organization Application Procedure Keeping the Group Exemption Letter in Force Events Causing Loss of Group Exemption Introduction If your organization is one of the organizations described in this publication and is seeking recognition of tax-exempt status from the IRS, you should follow the procedures described in this chapter and the instructions that accompany the appropriate application forms. Taxact 2007 For information on section 501(c)(3) organizations, go to Section 501(c)(3) Organizations chapter 3. Taxact 2007 If your organization is seeking exemption under one of the other paragraphs of section 501(c), see chapter 4. Taxact 2007 Topics - This chapter discusses: Application procedures that generally apply to all organizations discussed in this publication, including the application forms; Rulings and determination letters (approvals/disapprovals); Appeal procedures available if an adverse determination letter is proposed; and Group exemption letters. Taxact 2007 Application Procedures Oral requests for recognition of exemption will not be considered by the IRS. Taxact 2007 Your application for tax-exempt status must be in writing using the appropriate forms as discussed below. Taxact 2007 Forms Required If your organization is seeking recognition of exemption from federal income tax, it must use a specific application prescribed by the IRS in Revenue Procedure 2013–9, sec. Taxact 2007 3. Taxact 2007 If your organization is a central organization with exempt status, see Group Exemption Letter , later. Taxact 2007 All applications must be signed by an authorized individual. Taxact 2007 Form 1023, Application for Recognition of Exemption. Taxact 2007 File Form 1023 if you are seeking recognition of exemption under section: 501(c)(3) Corporations, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or educational purposes, or to foster national or international amateur sports, or prevention of cruelty for children or animals, 501(e) Cooperative hospital service organization, 501(f) Cooperative service organization of operating educational organizations, 501(k) Certain organizations providing child care, 501(n) Charitable risk pools, and 501(q) Credit counseling organizations. Taxact 2007 Form 1024, Application for Recognition of Exemption Under Section 501(a). Taxact 2007 File Form 1024 if you are seeking recognition of exemption under section: 501(c)(2) Title holding corporations, 501(c)(4) Civic leagues, social welfare organizations, 501(c)(5) Labor, agricultural, or horticultural organizations, 501(c)(6) Business leagues, chambers of commerce, etc. Taxact 2007 , 501(c)(7) Social clubs, 501(c)(8) Fraternal beneficiary societies, orders, or associations, 501(c)(9) Voluntary employees’ beneficiary associations, 501(c)(10) Domestic fraternal societies, orders, etc. Taxact 2007 , 501(c)(12) Benevolent life insurance associations, mutual ditch or irrigation companies, mutual or cooperative telephone companies, 501(c)(13) Cemetery companies, 501(c)(15) Mutual insurance companies or associations, 501(c)(17) Trusts providing for the payment of supplemental unemployment compensation benefits, 501(c)(19) A post, organization, auxiliary unit, etc. Taxact 2007 of past or present members of the Armed Forces of the United States, and 501(c)(25) Title holding corporations or trusts. Taxact 2007 Form 8718, User Fee for Exempt Organization Determination Letter Request, must also be sent along with Form 1024. Taxact 2007 Letter application. Taxact 2007 If your organization is seeking recognition of exemption under section 501(c)(11), (14), (16), (18), (21), (22), (23), (26), (27), (28), or (29), submit a letter application with Form 8718. Taxact 2007 See Required Inclusions for the information to include with the letter application. Taxact 2007 Form 1028. Taxact 2007 Use Form 1028 if your organization is a farmers’ cooperative seeking recognition of exemption under section 521. Taxact 2007 You must also submit Form 8718. Taxact 2007 Form 8871. Taxact 2007 Use Form 8871 if you are a political party or campaign committee for a candidate for federal, state or local office seeking to be treated as tax-exempt under section 527. Taxact 2007 See Political Organization Income Tax Return , later. Taxact 2007 Some organizations do not have to use specific application forms. Taxact 2007 The application your organization must use is specified in the chapter in this publication dealing with your kind of organization. Taxact 2007 It is also shown in the Organization Reference Chart, later. Taxact 2007 Power of attorney. Taxact 2007 If your organization expects to be represented by an individual such as an attorney, CPA, officer or other person authorized to practice before the IRS, whether in person or by correspondence, you must file a Form 2848 with your exemption application. Taxact 2007 The power of attorney must specifically authorize an individual to represent your organization. Taxact 2007 You cannot name an organization, firm, etc. Taxact 2007 as your representative. Taxact 2007 Form 2848, Power of Attorney and Declaration of Representative, can be used for this purpose. Taxact 2007 The categories of individuals who can represent you before the IRS are listed on the form. Taxact 2007 Non-exemption for terrorist organizations. Taxact 2007 An organization that is identified or designated as a terrorist organization within the meaning of section 501(p)(2) is not eligible to apply for recognition of exemption. Taxact 2007 User fee. Taxact 2007 The law requires the payment of a user fee for determination letter requests such as your application for recognition of tax-exempt status. Taxact 2007 If you are filing Form 1023, user fee information is included in Part XI. Taxact 2007 If you are required to apply for recognition of exemption by submitting Form 1024, a letter application, etc. Taxact 2007 and you must pay a user fee, you should use Form 8718 to figure the amount of your user fee and to pay it. Taxact 2007 Your payment must accompany your request. Taxact 2007 The IRS will not process a request unless the fee has been paid. Taxact 2007 For the current user fee amount and processing time for applications go to IRS. Taxact 2007 gov and select “Charities and Non-Profits” from the buttons near the top. Taxact 2007 Then select the underlined link “How to Apply To Be Tax-Exempt” for the latest user fees or I want to check the status of my application for more information. Taxact 2007 You can also call 1-877-829-5500. Taxact 2007 Required Inclusions Employer identification number (EIN). Taxact 2007 Every exempt organization must have an EIN, whether or not it has any employees. Taxact 2007 An EIN is required before an exemption application is submitted. Taxact 2007 Information on how to apply for an EIN by using one of the following methods can be found at Employer ID Numbers (EIN): Online— This is the preferred method for requesting an EIN. Taxact 2007 The EIN is issued immediately once the application information is validated. Taxact 2007 By telephone at 1-800-829-4933, from 7:00 a. Taxact 2007 m. Taxact 2007 to 7:00 p. Taxact 2007 m. Taxact 2007 local time, Monday through Friday. Taxact 2007 The EIN is provided over the phone to an authorized individual. Taxact 2007 By mailing or faxing Form SS-4, Application for Employer Identification Number. Taxact 2007 If the faxed Form SS-4 includes the taxpayer's fax number, a fax will be sent back with the EIN within four (4) business days. Taxact 2007 Use only one method for each entity so you do not receive more than one EIN for an entity. Taxact 2007 If you previously applied for an EIN and have not yet received it, or you are unsure whether you have an EIN, please call our toll-free customer account services number, 1-877-829-5500, for assistance. Taxact 2007 Organizing documents. Taxact 2007 Your application should include a copy of the organizing or enabling document that is signed by a principal officer or is accompanied by a written declaration signed by an authorized individual certifying that the document is a complete and accurate copy of the original or meets the requirements of a conformed copy. Taxact 2007 If your organizing or enabling document are articles of incorporation, include evidence that it was filed and approved by a state official. Taxact 2007 (For example, a stamped “Filed” copy dated by the Secretary of State is prima facie evidence that it was filed and approved by a state official. Taxact 2007 ) A copy of the articles of incorporation can also be submitted with a written declaration signed by an authorized individual indicating the copy is complete and was filed and approved by the state, including the date filed. Taxact 2007 Bylaws. Taxact 2007 Bylaws alone are not organizing documents. Taxact 2007 However, if your organization has adopted bylaws, include a current copy. Taxact 2007 The bylaws need not be signed if submitted as an attachment. Taxact 2007 If your organization's name has been officially changed by an amendment to your organizing instruments, you should also attach a conformed copy of that amendment to your application. Taxact 2007 Bylaws may be considered an organizing document only if they are properly structured (includes name, purpose, signatures, and intent to form an organization). Taxact 2007 Conformed copy. Taxact 2007 A conformed copy is a copy that agrees with the original and all amendments to it. Taxact 2007 If the original document required a signature, the copy should either be signed by a principal officer or, if not signed, be accompanied by a written declaration signed by an authorized officer of the organization. Taxact 2007 With either option, the officer must certify that the document is a complete and accurate copy of the original. Taxact 2007 A certificate of incorporation should be approved and dated by an appropriate state official. Taxact 2007 Attachments. Taxact 2007 When submitting attachments, every attachment should show your organization's name and EIN. Taxact 2007 It should also state that it is an attachment to your application form and identify the part and line item number to which it applies. Taxact 2007 Original documents. Taxact 2007 Do not submit original documents because they become part of the IRS file and cannot be returned. Taxact 2007 Description of activities. Taxact 2007 Your application must include a full description of the proposed activities of your organization, including each of the fundraising activities of a section 501(c)(3) organization and a narrative description of anticipated receipts and contemplated expenditures. Taxact 2007 When describing the activities in which your organization expects to engage, you must include the standards, criteria, procedures, or other means that your organization adopted or planned for carrying out those activities. Taxact 2007 To determine the information you need to provide, you should study the part of this publication that applies to your organization. Taxact 2007 The appropriate chapter will describe the purposes and activities that your organization must pursue, engage in, and include in your application in order to achieve exempt status. Taxact 2007 Often, your organization's articles of organization (or other organizing instruments) contain descriptions of your organization's purposes and activities. Taxact 2007 Your application should describe completely and in detail your past, present, and planned activities. Taxact 2007 Financial data. Taxact 2007 You must include in your application financial statements showing your receipts and expenditures and a balance sheet for the current year and the 3 preceding years (or for the number of years your organization was in existence, if less than 4 years). Taxact 2007 For each accounting period, you must describe the sources of your receipts and the nature of your expenditures. Taxact 2007 If you have not yet begun operations, or have operated for less than 1 year, a proposed budget for 2 full accounting periods and a current statement of assets and liabilities will be acceptable. Taxact 2007 Exempt status established in application. Taxact 2007 If your application and its supporting documents show that your organization meets the requirements for tax-exempt status under the Code section you applied, the IRS will issue a favorable determination letter or ruling. Taxact 2007 Miscellaneous Procedures To help in processing your application, be sure to attach all schedules, statements, and other documents required by the application form. Taxact 2007 If you do not attach them, you may have to resubmit your application or you may otherwise encounter a delay in processing your application. Taxact 2007 Incomplete application. Taxact 2007 If an application is not complete and does not contain all the required attachments found under Required Inclusions, the IRS may return it to you for completion. Taxact 2007 The IRS may keep the application and send a letter requesting the missing information if most of the information has been received. Taxact 2007 If the IRS returns the application or requests additional information from you, that application will be considered filed on the date the substantially completed application is postmarked, or if no postmark, received at the IRS. Taxact 2007 Generally, the user fee will not be refunded if an incomplete application is filed. Taxact 2007 Additional information may be requested if necessary to clarify the nature of your organization. Taxact 2007 Application made under wrong paragraph of section 501(c). Taxact 2007 Occasionally, an organization appears to qualify for exemption under a paragraph of section 501(c) that is different from the one for which the organization applied. Taxact 2007 If the application was made on Form 1024, which applies to more than one paragraph of section 501(c), the organization can be recognized as exempt under any paragraph to which the form applies if the organization has agreed to have its application considered under that paragraph. Taxact 2007 It must also supply any additional information required for the application under the new paragraph. Taxact 2007 Different application form needed. Taxact 2007 If a different application form is required for your organization, the IRS will so advise your organization and will provide the appropriate application form for your convenience in reapplying under that paragraph, if you wish to do so. Taxact 2007 Although supporting information previously furnished need not be duplicated, you must provide any necessary additional information required for the application. Taxact 2007 If your reply is not received within a limited time, your application will be processed only for the paragraph under which you originally applied. Taxact 2007 When a specific application form is needed for the paragraph under which your organization qualifies, that form is required before a letter recognizing exemption can be issued. Taxact 2007 This includes cases in which a determination letter is modified to recognize an organization's exempt status under a paragraph other than the paragraph under which it originally established exemption. Taxact 2007 IRS responses. Taxact 2007 Organizations that submit a complete application will receive an acknowledgment from the IRS. Taxact 2007 Others will receive a letter requesting more information or returning an incomplete application. Taxact 2007 Applicants also will be notified if the application is forwarded to EO Technical Office for consideration. Taxact 2007 These letters will be sent out as soon as possible after receipt of the organization's application. Taxact 2007 Withdrawal of application. Taxact 2007 An application may be withdrawn at any time before the issuance of a ruling or determination letter upon the written request of a principal officer or authorized representative of your organization. Taxact 2007 However, the withdrawal will not prevent the information contained in the application from being used by the IRS in any subsequent examination of your organization's returns. Taxact 2007 The information forwarded with an application will not be returned to your organization and, generally, when an application is withdrawn, the user fee paid will not be refunded. Taxact 2007 Requests for withholding of information from the public. Taxact 2007 The law requires many exempt organizations and private foundations to make their application forms and annual information returns available for public inspection. Taxact 2007 The law also requires the IRS to make available for public inspection, in accordance with section 6104 and the related regulations, your approved application for recognition of exemption (including any papers submitted in support of the application) and the ruling or determination letter (discussed later, under Rulings and Determination Letters . Taxact 2007 ) Any information submitted in the application or in support of it that relates to any trade secret, patent, process, style of work, or apparatus, upon request, can be withheld from public inspection if the IRS determines that the disclosure of such information would adversely affect the organization. Taxact 2007 Your request must: Identify the material to be withheld (the document, page, paragraph, and line) by clearly marking it “Not Subject To Public Inspection. Taxact 2007 ” Include the reasons for your organization's position that the information is of the type that can be withheld from public inspection. Taxact 2007 Be filed with the office where your organization files the documents in which the material to be withheld is contained. Taxact 2007 Where to file. Taxact 2007 Send your application for exempt status and Form 8718, (if required) to: Internal Revenue Service PO Box 12192 Covington, KY 41012-0192 Your application will be considered by EO Determinations, who will either issue a favorable determination letter to your organization, issue an adverse determination letter denying the exempt status claimed in the application, or refer the case to the Exempt Organizations Technical Office (EO Technical). Taxact 2007 Form 8940, Request for Miscellaneous Determination. Taxact 2007 You can request miscellaneous determinations under sections 507, 509(a), 4940, 4942, 4945, and 6033 with Form 8940. Taxact 2007 Nonexempt charitable trusts also file Form 8940 for an initial determination of section 509(a)(3) status or change to their type. Taxact 2007 See Form 8940 and instructions for more information. Taxact 2007 Requests other than applications. Taxact 2007 Requests other than applications for recognition of exemption or Form 8940 (for example, requests for rulings involving feeder organizations, application of excise taxes to activities of private foundations, taxation of unrelated business income, etc. Taxact 2007 ) should be sent to: Internal Revenue Service Attention: EO Letter Rulings PO Box 27720 McPherson Station Washington, DC 20038 These requests, similar to applications for recognition of exemption previously discussed, must be accompanied by the appropriate user fee. Taxact 2007 The schedule for user fees, including those for requests other than applications, can be found in Revenue Procedure 2013-8, 2013-1 I. Taxact 2007 R. Taxact 2007 B. Taxact 2007 237. Taxact 2007 Referral to EO Technical. Taxact 2007 EO Determinations will refer to EO Technical any exempt organization issue concerning qualification for exemption or foundation status for which there is no published precedent or for which there is reason to believe that nonuniformity exists. Taxact 2007 EO Determinations can request technical advice on any technical or procedural question that cannot be resolved on the basis of law, regulations, or a clearly applicable revenue ruling or other published precedent. Taxact 2007 An organization can request that an issue be referred to EO Technical for technical advice if it feels that a lack of uniformity exists as to the disposition of the issue or if an issue is so unusual or complex as to warrant consideration by EO Technical. Taxact 2007 If a determination letter is issued based on technical advice from EO Technical regarding qualification for exemption or foundation status, no further administrative appeal is available on the issue that was the subject of technical advice. Taxact 2007 Reminder. Taxact 2007 The law requires payment of a user fee for determination letter requests. Taxact 2007 Go to IRS. Taxact 2007 gov/Charities and select Current User Fees-Exempt Organizations to find the required payment. Taxact 2007 Payment must accompany each request. Taxact 2007 Rulings and Determination Letters Elimination of the advance public charity status. Taxact 2007 New regulations eliminate the advance ruling process for a section 501(c)(3) organization. Taxact 2007 Under the new regulations, a new section 501(c)(3) organization will be classified as a publicly supported organization and not a private foundation if it can show when it applies for tax-exempt status that it reasonably can be expected to be publicly supported. Taxact 2007 The new rules no longer require the organization to file Form 8734, Support Schedule for Advance Ruling Period, after completing its first 5 tax years. Taxact 2007 See Elimination of the Advance Ruling Process . Taxact 2007 An organization must describe fully the activities in which it expects to engage. Taxact 2007 This includes standards, procedures, or other means adopted or planned by the organization for carrying out its activities, expected sources of funds, and the nature of its contemplated expenses. Taxact 2007 When an organization does not supply the information previously mentioned under Application Procedures , or fails to furnish a sufficiently detailed description of its proposed activities to permit a conclusion that it will clearly be exempt, a proposed adverse determination letter or ruling may be issued. Taxact 2007 Adverse determination. Taxact 2007 A proposed adverse ruling or determination letter will be issued to an organization that has not provided sufficiently detailed information to establish that it qualifies for exemption or if the information provided establishes that it does not qualify for exemption. Taxact 2007 An organization can appeal a proposed adverse ruling or determination letter. Taxact 2007 See Appeal Procedures , later. Taxact 2007 Effective Date of Exemption A ruling or determination letter recognizing exemption is usually effective as of the date of formation of an organization if, during the period before the date of the ruling or determination letter, its purposes and activities were those required by the law. Taxact 2007 (See Application for Recognition of Exemption in chapter 3 for the special rule for organizations applying for recognition of exemption under section 501(c)(3). Taxact 2007 ) Upon obtaining recognition of exemption, the organization can file a claim for a refund of income taxes paid for the period for which its exempt status is recognized. Taxact 2007 If an organization is required to alter its activities or substantially amend its charter to qualify, the ruling or determination letter recognizing exemption will be effective as of the date specified in the letter. Taxact 2007 If a nonsubstantive amendment is made, such as correction of a clerical error in the enabling instrument or the addition of a dissolution clause, exemption will ordinarily be recognized as of the date of formation if the activities of the organization before the ruling or determination are consistent with the exemption requirements. Taxact 2007 A ruling or determination letter recognizing exemption cannot be relied on if there is a material change, inconsistent with exemption, in the character, the purpose, or the method of operation of the organization. Taxact 2007 Also, a ruling or determination letter cannot be relied on if it is based on any inaccurate material factual representations. Taxact 2007 Revocation or Modification of Exemption A ruling or determination letter recognizing exemption may be revoked or modified by: A notice to the organization to which the ruling or determination letter originally was issued, Enactment of legislation or ratification of a tax treaty, A decision of the United States Supreme Court, Issuance of temporary or final regulations, or Issuance of a revenue ruling, a revenue procedure, or other statement published in the Internal Revenue Bulletin or Cumulative Bulletin. Taxact 2007 When revocation takes effect. Taxact 2007 If the organization omitted or misstated a material fact, operated in a manner materially different from that originally represented, or, with regard to organizations to which section 503 applies, engaged in a prohibited transaction (such as diverting corpus or income from its exempt purpose), the revocation or modification may be retroactive. Taxact 2007 Material change in organization. Taxact 2007 If there is a material change, inconsistent with exemption, in the character, purpose, or method of operation of the organization, revocation or modification will ordinarily take effect as of the date of that material change. Taxact 2007 Relief from retroactivity. Taxact 2007 If a ruling or determination letter was issued in error or the IRS changed its position after issuing a letter or ruling, and if section 7805(b) relief is granted, retroactivity of the revocation or modification ordinarily will be limited to a date not earlier than that on which the original ruling or determination letter was modified or revoked. Taxact 2007 For more information on requesting section 7805(b) relief, see Revenue Procedure 2013-4, 2013-1 I. Taxact 2007 R. Taxact 2007 B. Taxact 2007 126, sec. Taxact 2007 13 (or later update). Taxact 2007 Foundations. Taxact 2007 The determination of the effective date is the same for the revocation or modification of foundation status or operating foundation status unless the effective date is expressly covered by statute or regulations. Taxact 2007 Written notice. Taxact 2007 If an EO area manager concludes, as a result of examining an information return or considering information from any other source, that a ruling or determination letter should be revoked or modified, the organization will be advised in writing of the proposed action and the reasons for it. Taxact 2007 The organization will also be advised of its right to protest the proposed action by requesting Appeals Office consideration. Taxact 2007 The appeal procedures are discussed next. Taxact 2007 Appeal Procedures If your organization applies for tax-exempt status and EO Determination decides your organization does not qualify, your organization will be advised of its rights to protest the determination by requesting Appeals Office consideration. Taxact 2007 This process does not apply to determinations issued by EO Technical. Taxact 2007 Your organization must submit a statement of its views fully explaining its reasoning. Taxact 2007 The statement must be submitted within 30 days from the date of the adverse determination letter and must state whether it wishes Appeals Office consideration. Taxact 2007 Representation. Taxact 2007 A principal officer or trustee can represent an organization at any level of appeal within the IRS. Taxact 2007 Also, an attorney, certified public accountant, or individual enrolled to practice before the IRS can represent the organization. Taxact 2007 If the organization's representative attends a conference without a principal officer or trustee, the representative must file a proper power of attorney or a tax information authorization before receiving or inspecting confidential information. Taxact 2007 Form 2848 or Form 8821, Tax Information Authorization, as appropriate (or any other properly written power of attorney or authorization), can be used for this purpose. Taxact 2007 These forms can be obtained from the IRS. Taxact 2007 For more information, see Publication 947, Practice Before the IRS and Power of Attorney. Taxact 2007 Appeals Office Consideration EO Determinations will consider the statement protesting and appealing (hereinafter appealing) the adverse determination and decide if the information affects its determination. Taxact 2007 If the appeal does not provide a basis to reconsider its adverse determination, it will forward the appeal and case file to the Appeals Office. Taxact 2007 For more information about the role of the Appeals Office, see Publication 892, Exempt Organization Appeal Procedures for Unagreed Issues. Taxact 2007 The appeal should include the following information. Taxact 2007 The organization's name, address, daytime telephone number, and employer identification number. Taxact 2007 A statement that the organization wants to protest the determination. Taxact 2007 A copy of the letter showing the determination you disagree with, or the date and symbols on the determination letter. Taxact 2007 A statement of facts supporting the organization's position in any contested factual issue. Taxact 2007 A statement outlining the law or other authority the organization is relying on. Taxact 2007 A statement as to whether a conference at the Appeals Office is desired. Taxact 2007 The statement of facts in item 4 must be declared true under penalties of perjury. Taxact 2007 This may be done by adding to the protest the following signed declaration: “Under penalties of perjury, I declare that I have examined the statement of facts presented in this protest and in any accompanying schedules and statements and, to the best of my knowledge and belief, it is true, correct, and complete. Taxact 2007 ” Signature. Taxact 2007 If the organization's representative submits the appeal, a substitute declaration must be included, stating: That the representative prepared the appeal and accompanying documents, and Whether the representative knows personally that the statements of fact contained in the appeal and accompanying documents are true and correct. Taxact 2007 Be sure the appeal contains all of the information requested. Taxact 2007 Incomplete appeals will be returned for completion. Taxact 2007 If a conference is requested, it will be held at the Appeals Office, unless the organization requests that the meeting be held at a field office convenient to both parties. Taxact 2007 The Appeals Office, after considering the organization's appeal as well as information presented in any conference held, will notify the organization of its decision and issue an appropriate determination letter. Taxact 2007 An adverse decision can be appealed to the courts (discussed later). Taxact 2007 The Appeals Office must request technical advice from EO Technical on any exempt organization issue concerning qualification for exemption or foundation status for which there is no published precedent or for which there is reason to believe that nonuniformity exists. Taxact 2007 If an organization believes that its case involves such an issue, it should ask the Appeals Office to request technical advice. Taxact 2007 Any determination letter issued on the basis of technical advice from EO Technical cannot be appealed to the Appeals Office for those issues that were the subject of the technical advice from EO Technical. Taxact 2007 EO Technical Consideration If an application is referred to EO Technical for issuance of a ruling and an adverse ruling is issued, the organization will be informed of the basis for the conclusion, its right to file a protest within 30 days, and its right to have a conference with EO Technical. Taxact 2007 Administrative Remedies In the case of an application under section 501(c)(3), all of the following actions, called administrative remedies, must be completed by your organization before an unfavorable ruling or determination letter from the IRS can be appealed to the courts. Taxact 2007 The filing of a substantially completed application Form 1023 or group exemption request under section 501(c)(3) (described earlier in this chapter) or the filing of a request for a determination of foundation status (see Private Foundations and Public Charities in chapter 3). Taxact 2007 In the case of a late-filed application, requesting relief under Regulations section 301. Taxact 2007 9100 regarding applications for extensions of time for making an election or application for relief from tax (see Application for Recognition of Exemption in chapter 3). Taxact 2007 The timely submission of all additional information requested to perfect an exemption application or request for determination of private foundation status. Taxact 2007 Exhaustion of all administrative appeals available within the IRS, including protest of an adverse ruling issued by EO Technical in the case of an exemption application. Taxact 2007 The actions just described will not be considered completed until the IRS has had a reasonable time to act upon the appeal or protest, as the case may be. Taxact 2007 An organization will not be considered to have exhausted its administrative remedies before the earlier of: The completion of the steps just listed and the sending by certified or registered mail of a notice of final determination, or The expiration of the 270-day period in which the IRS has not issued a notice of final determination and the organization has taken, in a timely manner, all reasonable steps to secure a ruling or determination. Taxact 2007 270-day period. Taxact 2007 The 270-day period will be considered by the IRS to begin on the date a substantially completed Form 1023 or group exemption request is sent to the IRS. Taxact 2007 See Application Procedures , earlier, for information needed to complete Form 1023. Taxact 2007 If the application does not contain all of the required items, it will not be further processed and may be returned to the applicant for completion. Taxact 2007 The 270-day period, in this event, will not be considered as starting until the date the application is remailed to the IRS with the requested information, or, if a postmark is not evident, on the date the IRS receives a substantially completed application. Taxact 2007 Appeal to Courts If the IRS issues an unfavorable determination letter or ruling to your organization and you have exhausted all the administrative remedies just discussed, your organization can seek judicial remedies. Taxact 2007 For example, if your organization has paid the tax resulting from the adverse determination and met all other statutory prerequisites, it can file suit for a refund in a U. Taxact 2007 S. Taxact 2007 District Court or the U. Taxact 2007 S. Taxact 2007 Court of Federal Claims. Taxact 2007 Or, if your organization elected not to pay the tax deficiency resulting from the adverse determination and met all other statutory prerequisites, it can file suit for a redetermination of the tax deficiencies in the United States Tax Court. Taxact 2007 For more information on these types of suits, get Publication 556, Examination of Returns, Appeal Rights, and Claims for Refund. Taxact 2007 In certain situations, your organization can file suit for a declaratory judgment in the U. Taxact 2007 S. Taxact 2007 District Court for the District of Columbia, the U. Taxact 2007 S. Taxact 2007 Court of Federal Claims, or the U. Taxact 2007 S. Taxact 2007 Tax Court. Taxact 2007 This remedy is available if your organization received an adverse notice of final determination, or if the IRS failed to make a timely determination on your initial or continuing qualification or classification as an exempt organization. Taxact 2007 However, your exempt status claim must be as: An organization qualifying under section 501(c)(3), An organization to which a deduction for a contribution is allowed under section 170(c)(2), An organization that is a private foundation under section 509(a), A private operating foundation under section 4942(j)(3), or A cooperative organization that is exempt from tax under section 521. Taxact 2007 Adverse notice of final determination. Taxact 2007 The adverse notice of final determination referred to above is a ruling or determination letter sent by certified or registered mail holding that your organization: Is not described in section 501(c)(3) or section 170(c)(2), Is a private foundation as defined in section 4942(j)(3), or Is a public charity described in a part of section 509(a) or section 170(b)(1)(A) other than the part under which your organization requested classification. Taxact 2007 Favorable court rulings - IRS procedure. Taxact 2007 If a suit results in a final determination that your organization is exempt from tax, the IRS will issue a favorable ruling or determination letter, provided your organization has filed an application for exemption and submitted a statement that the underlying facts and applicable law are the same as in the period considered by the court. Taxact 2007 Group Exemption Letter A group exemption letter is a ruling or determination letter issued to a central organization recognizing on a group basis the exemption under section 501(c) of subordinate organizations on whose behalf the central organization has applied for recognition of exemption. Taxact 2007 A central organization is an organization that has one or more subordinates under its general supervision or control. Taxact 2007 A subordinate organization is a chapter, local, post, or unit of a central organization. Taxact 2007 A central organization may be a subordinate itself, such as a state organization that has subordinate units and is itself affiliated with a national (central) organization. Taxact 2007 A subordinate organization may or may not be incorporated, but it must have an organizing document. Taxact 2007 A subordinate that is organized and operated in a foreign country cannot be included in a group exemption letter. Taxact 2007 A subordinate described in section 501(c)(3) cannot be included in a group exemption letter if it is a private foundation described in section 509(a). Taxact 2007 If your organization is a subordinate controlled by a central organization (for example, a church, a veterans' organization, or a fraternal organization), you should check with the central organization to see if it has been issued a group exemption letter that covers your organization. Taxact 2007 If it has, you do not have to file a separate application unless your organization no longer wants to be included in the group exemption letter. Taxact 2007 If the group exemption letter does not cover your organization, ask your central organization about being included in the next annual group ruling update that it submits to the IRS. Taxact 2007 Central Organization Application Procedure If your organization is a central organization with affiliated subordinates under its control, it can apply for a group exemption letter for its subordinates, provided it has obtained recognition of its own exemption before or concurrently with the group exemption. Taxact 2007 You should make the application for such subordinates by letter instead of submitting either Form 1023 or 1024. Taxact 2007 This procedure relieves each of the subordinates covered by a group exemption letter from filing its own application. Taxact 2007 A central organization obtains its own recognition of exemption by sending its application to the IRS address shown on Form 8718 or Form 1023. Taxact 2007 If the central organization has previously obtained recognition of its own exemption, it must indicate its employer identification number and the date of the letter recognizing its exemption. Taxact 2007 It need not forward documents already submitted. Taxact 2007 However, if it has not already done so, the central organization must submit a copy of any amendment to its governing instruments or internal regulations as well as any information about changes in its character, purposes, or method of operation. Taxact 2007 Employer identification number. Taxact 2007 The central organization must have an EIN before it submits a completed exemption or group exemption application. Taxact 2007 Each subordinate must have its own EIN, even if it has no employees. Taxact 2007 When submitting its group exemption application, the central organization must provide an EIN for each subordinate organization. Taxact 2007 Information required for subordinate organizations. Taxact 2007 In addition to the information required to obtain recognition of its own exemption, the central organization must submit information for those subordinates to be included in the group exemption letter. Taxact 2007 The information should be forwarded in a letter signed by a principal officer of the central organization setting forth or including as attachments the following. Taxact 2007 Information verifying that the subordinates: Are affiliated with the central organization at the close of its annual accounting period; Are subject to its general supervision or control; Are all eligible to qualify for exemption under the same paragraph of section 501(c), though not necessarily the paragraph under which the central organization itself is exempt; Are not private foundations if the application for a group exemption letter involves section 501(c)(3); Are all on the same accounting period as the central organization if they are to be included in group returns; and Are organizations that have been formed within the 15-month period preceding the date of submission of the group exemption application if they are claiming section 501(c)(3) status and are subject to the requirements of section 508(a) and wish to be recognized as exempt from their dates of creation (a group exemption letter may be issued covering subordinates, one or more of which have not been organized within the 15-month period preceding the date of submission, if all subordinates are willing to be recognized as exempt only from the date of application). Taxact 2007 A detailed description of the purposes and activities of the subordinates, including the sources of receipts and the nature of expenditures. Taxact 2007 A sample copy of a uniform governing instrument (such as a charter or articles of association) adopted by the subordinates, or, in its absence, copies of representative instruments. Taxact 2007 An affirmation to the effect that, to the best of the officer's knowledge, the purposes and activities of the subordinates are as stated in (2) and (3), above. Taxact 2007 A statement that each of the subordinates has provided a written authorization to the central organization, signed by an authorized officer of the subordinate, agreeing to be included in the group exemption (see also New 501(c)(3) organizations that want to be included , later in this section). Taxact 2007 A list of subordinates to be included in the group exemption letter to which the IRS has issued an outstanding ruling or determination letter relating to exemption. Taxact 2007 If the application for a group exemption letter involves section 501(c)(3) and is subject to the provisions of the Code requiring that it give timely notice that it is not a private foundation (see Private Foundations in chapter 3), an affirmation to the effect that, to the best of the officer's knowledge and belief, no subordinate to be included in the group exemption letter is a private foundation as defined in section 509(a). Taxact 2007 For each subordinate that is a school claiming exemption under section 501(c)(3), the information required by Revenue Ruling 71-447, 1971-2 C. Taxact 2007 B. Taxact 2007 230 and Revenue Procedure 75-50, 1975-2 C. Taxact 2007 B. Taxact 2007 587 (these requirements are fully described in chapter 3, under Private Schools ; see also Schedule B, Form 1023). Taxact 2007 For any school affiliated with a church, the information to show that the provisions of Revenue Ruling 75-231, 1975-1 C. Taxact 2007 B. Taxact 2007 158, have been met. Taxact 2007 A list of the names, mailing addresses, actual addresses if different, and EINs of subordinates to be included in the group exemption letter. Taxact 2007 A current directory of subordinates may be furnished instead of the list if it includes the required information and if the subordinates not to be included in the group exemption letter are identified. Taxact 2007 New 501(c)(3) organizations that want to be included. Taxact 2007 A new organization, described in section 501(c)(3), that wants to be included in a group exemption letter must submit its authorization (as explained in item number 5, earlier, under Information required for subordinate organizations ) to the central organization before the end of the 15th month after it was formed in order to satisfy the requirement of section 508(a). Taxact 2007 The central organization must also include this subordinate in its next annual submission of information, as discussed later, under Information Required Annually . Taxact 2007 Keeping the Group Exemption Letter in Force Continued effectiveness of a group exemption letter is based on the following conditions. Taxact 2007 The continued existence of the central organization. Taxact 2007 The continued qualification of the central organization for exemption under section 501(c). Taxact 2007 The submission by the central organization of the information regarding its subordinate organizations that is required annually (described under Information Required Annually). Taxact 2007 The annual filing of an information return (Form 990, for example) by the central organization if required. Taxact 2007 The continued effectiveness of a group exemption letter as to a particular subordinate is based on these four conditions, as well as on the continued conformity by the subordinate to the requirements for inclusion in a group exemption letter, the authorization for inclusion, and the annual filing of any required information return for the subordinate. Taxact 2007 Information Required Annually To maintain a group exemption letter, the central organization must submit annually, at least 90 days before the close of its annual accounting period, all of the following information. Taxact 2007 Information about all changes in the purposes, character, or method of operation of the subordinates included in the group exemption letter. Taxact 2007 A separate list (that includes the names, mailing addresses, actual addresses if different, and EINs of the affected subordinates) for each of the three following categories. Taxact 2007 Subordinates that have changed their names or addresses during the year. Taxact 2007 Subordinates no longer to be included in the group exemption letter because they no longer exist or have disaffiliated from or withdrawn their authorization to the central organization. Taxact 2007 Subordinates to be added to the group exemption letter because they are newly organized or affiliated or because they have recently authorized the central organization to include them. Taxact 2007 An annotated directory of subordinates will not be accepted for this purpose. Taxact 2007 If there were none of the above changes, the central organization must submit a statement to that effect. Taxact 2007 The same information about new subordinates that was required in the initial application for group exemption. Taxact 2007 (This information is listed in items 1 through 10, under Information required for subordinate organizations. Taxact 2007 , earlier. Taxact 2007 ) If a new subordinate does not differ in any material respects from the subordinates included in the application for group exemption, however, a statement to this effect may be submitted in lieu of detailed information. Taxact 2007 The organization should send this information to: Ogden Service Center Mail Stop 6271 Ogden, UT 84404-4749 Submitting the required information annually does not relieve the central organization or any of its subordinates of the duty to submit any other information that may be required by an EO area manager to determine whether the conditions for continued exemption are being met. Taxact 2007 Events Causing Loss of Group Exemption A group exemption letter no longer has effect, for either a particular subordinate or the group as a whole, when: The central organization notifies the IRS that it is going out of existence, The central organization notifies the IRS, by its annual submission or otherwise, that any of its subordinates will no longer fulfill the conditions for continued effectiveness, explained earlier, or The IRS notifies the central organization or the affected subordinate that the group exemption letter will no longer have effect for some or all of the group because the conditions for continued effectiveness of a group exemption letter have not been fulfilled. Taxact 2007 When notice is given under any of these three conditions, the IRS will no longer recognize the exempt status of the affected subordinates until they file separate applications on their own behalf or the central organization files complete supporting information for their reinclusion in the group exemption at the time of its annual submission. Taxact 2007 However, when the notice is given by the IRS and the withdrawal of recognition is based on the failure of the organization to comply with the requirements for recognition of tax-exempt status under the particular subsection of section 501(c), the revocation will ordinarily take effect as of the date of that failure. Taxact 2007 The notice, however, will be given only after the appeal procedures described earlier in this chapter are completed. Taxact 2007 Prev Up Next Home More Online Publications