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COM 0310.000 2008-2010
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COM 0310.000 2008-2010
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Last modified
4/27/2009 10:21:37 AM
Creation date
4/27/2009 10:21:36 AM
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Communications
Communications - Type
COM
Communications - Council Term
2008-2010
Communication
0310
Point
000
Author
Donald Ikeda, Council Member
Communications - Referred To
COUNCIL
Document Relationships
AGE COUNCIL 05/06/2009 2008-2010
(Related To)
Path:
\Council Records\Agendas\2008-2010\Council
RES 149 Draft 01 2008-2010
(Related)
Path:
\Council Records\Resolutions\2008-2010
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<br /> <br /> <br /> <br /> <br /> <br /> for a mandatory or discretionary exception. There is no automatic exemption <br /> from the Form 990 filing requirement simply because an organization is <br /> included in the Group Ruling or listed in the OCD. Organizations required <br /> to file Form 990 must do so by the 15th day of the fifth month after the close of <br /> their fiscal year.?/ Among the organizations not required to file Form 990 <br /> under section 6033 of the Code are: (i) churches; (ii) integrated auxiliaries of <br /> churches8/; (iii) the exclusively religious activities of religious orders; (iv) <br /> schools below college level affiliated with a church or operated by a religious <br /> order; (v) organizations with gross receipts normally not in excess of $25,000;9/ <br /> and (vi) certain church-affiliated organizations that finance, fund or manage <br /> church assets, or maintain church retirement insurance programs, and <br /> organizations controlled by religious orders that finance, fund or manage <br /> assets used for exclusively religious activities. 2/ <br /> Special Rules for Section 509(al(3) Supporting Organizations. The Pension <br /> Protection Act of 2006 eliminated discretionary exceptions to the Form 990 <br /> filing requirement as applied to section 509(a)(3) supporting organizations. The <br /> discretionary exceptions likely to be affected by this new provision are <br /> exceptions (v) and (vi) above. This means that if an organization exempt under <br /> j the Group Ruling is classified as a section 509(a)(3) supporting organization, it <br /> may no longer rely on exceptions (v) or (vi) above as the basis for not filing <br /> Form 990. However, a section 509(a)(3) supporting organization that qualifies <br /> as an integrated auxiliary of a church under section 6033 may continue to rely <br /> on that exception as a basis for not filing Form 990. Because it is a statutory <br /> The penalty for failure to file the Form 990 is $20 for each day the failure continues, up to <br /> a maximum of $10,000 or 5 percent of the organization's gross receipts, whichever is <br /> less. However, organizations with annual gross receipts in excess of $1 million are <br /> subject to penalties of $100 per day, up to a maximum of $50,000. LR.C. § <br /> 5552(C)(i)(A). <br /> " i.R.C. § 6033(a)(2)(A)(i); Treas. Reg. § 1.6033-2(h). To qualify as an integrated auxiliary <br /> of a church, an organization must be described in section 501(c)(3), qualify as other than <br /> a private foundation, be afllated with a church, and qualify as internally supported An <br /> organization will be considered internally supported unless it both: <br /> (1) Offers admissions, goods, services, or facilities for sale, other than on an <br /> incidental basis, to the general public (except goods, services, or facilities <br /> sold at a nominal charge or substantially below cost), and <br /> (2) normally receives more than 50 percent of its support from a combination <br /> of governmental sources,, public solicitation of contributions (such as <br /> through a community fund drive); and receipts from the sale of <br /> admissions, goods, performance of services, or furnishing of facilities in <br /> activities that are not unrelated trades or businesses. <br /> s Rev Proc. 63-23, 1963-1 C.B. 667. <br /> 'o Rev. Proc. 96-10, 1996-1 c-a 577. <br /> 5 <br />
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