Filing Your Taxes Online is Fast, Easy and Secure.
Start now and receive your tax refund in as little as 7 days.

1. Get Answers

Your online questions are customized to your unique tax situation.

2. Maximize your Refund

Find tax credits for everything from school tuition to buying a hybri

3. E-File for FREE

E-file free with direct deposit to get your refund in as few as 7 days.

Filing your taxes with paper mail can be difficult and it could take weeks for your refund to arrive. IRS e-file is easy, fast and secure. There is no paperwork going to the IRS so tax refunds can be processed in as little as 7 days with direct deposit. As you prepare your taxes online, you can see your tax refund in real time.

FREE audit support and representation from an enrolled agent – NEW and only from H&R Block

Tax Forms 1040 Ez

Irs 1040ez Form 2011How Long Do I Have To File An Amended Tax ReturnFree Tax Filing OnlineState Income Tax ReturnTax Act 2012 Returning UserTaxes SoftwareMichigan 1040ez 20132012 Turbotax Free2012 Taxes OnlineFederal Ez Tax Form 20121040x TaxDoes H&r Block Do Taxes For FreeState Tax Return Free E-fileWww Gov Freefile2011 Tax AmendmentH&r Block Free State Tax E FileFile Ez Form FreeH And R Block Free Tax ReturnFile My 2011 Taxes Online FreeTax Slayer 2011File Past Year Taxes1080 Ez FormTax Rates And TablesWww.taxact.com2010 Tax Form 10401040x 20131040 Ez Tax TableState Tax FormFree Online 2012 Tax Return2011 Tax Form 1040 EzFree State Income Tax1040ez FormIrs Tax Form 1040xFiling A Tax AmendmentFree Efile Tax ReturnFree E File Taxes 2012Minimum Income To File Taxes2012 Irs Form 1040ezOnline Taxes Hrblock1040ez2012

Tax Forms 1040 Ez

Tax forms 1040 ez 9. Tax forms 1040 ez   Figuring Net Profit or Loss Table of Contents Introduction Net Operating Losses (NOLs) Not-for-Profit Activities Introduction After figuring your business income and expenses, you are ready to figure the net profit or net loss from your business. Tax forms 1040 ez You do this by subtracting business expenses from business income. Tax forms 1040 ez If your expenses are less than your income, the difference is net profit and becomes part of your income on page 1 of Form 1040. Tax forms 1040 ez If your expenses are more than your income, the difference is a net loss. Tax forms 1040 ez You usually can deduct it from gross income on page 1 of Form 1040. Tax forms 1040 ez But in some situations your loss is limited. Tax forms 1040 ez This chapter briefly explains two of those situations. Tax forms 1040 ez Other situations that may limit your loss are explained in the Instructions for Schedule C, line G and line 32. Tax forms 1040 ez If you have more than one business, you must figure your net profit or loss for each business on a separate Schedule C. Tax forms 1040 ez Net Operating Losses (NOLs) If your deductions for the year are more than your income for the year (line 41 of your Form 1040 is a negative number), you may have a net operating loss (NOL). Tax forms 1040 ez You can use an NOL by deducting it from your income in another year or years. Tax forms 1040 ez Examples of typical losses that may produce an NOL include, but are not limited to, losses incurred from the following. Tax forms 1040 ez Your trade or business. Tax forms 1040 ez Your work as an employee (unreimbursed employee business expenses). Tax forms 1040 ez A casualty or theft. Tax forms 1040 ez Moving expenses. Tax forms 1040 ez Rental property. Tax forms 1040 ez A loss from operating a business is the most common reason for an NOL. Tax forms 1040 ez For details about NOLs, see Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts. Tax forms 1040 ez It explains how to figure an NOL, when to use it, how to claim an NOL deduction, and how to figure an NOL carryover. Tax forms 1040 ez Not-for-Profit Activities If you do not carry on your business to make a profit, there is a limit on the deductions you can take. Tax forms 1040 ez You cannot use a loss from the activity to offset other income. Tax forms 1040 ez Activities you do as a hobby, or mainly for sport or recreation, come under this limit. Tax forms 1040 ez For details about not-for-profit activities, see chapter 1 in Publication 535, Business Expenses. Tax forms 1040 ez That chapter explains how to determine whether your activity is carried on to make a profit and how to figure the amount of loss you can deduct. Tax forms 1040 ez Prev  Up  Next   Home   More Online Publications
Print - Click this link to Print this page

SOI Tax Stats - Gift Tax Statistics

Return to the Tax Stats home page

What is the Federal Gift Tax?


 

The Federal gift tax is a tax on the right to transfer property from a living person to other persons or trusts. Reported on Form 709, United States Gift (and Generation-Skipping Transfer) Tax Return, data are collected on the donor and recipient of gifts that exceed the annual exclusion. The name of the recipient, recipient's relationship to the donor, type of property, and value of gift are reported, as are the total value of a donor's lifetime gifts and tax computation items.

For information about selected terms and concepts and a description of the data sources and limitations, please visit Gift Tax Study Metadata.

 


 

Statistical Tables

Total Gifts of Donor, Total Gifts, Deductions, Credits, and Net Gift Tax

 

 


SOI Bulletin Articles

These articles are in .PDF format.  Adobe Acrobat® reader

 

2009 Gifts
This article presents data on gifts made during 2009. Donors filed a total of 223,093 returns for 2009, reporting a total of $$37.9 billion in assets transferred to 867,507 donees, primarily children and grandchildren.

2008 Gifts
This article presents data on gifts made during 2008. Donors filed a total of 234,714 returns for 2008, reporting a total of $40.2 billion in assets transferred to 927,554 donees, primarily children and grandchildren.

2007 Gifts
This article describes gifts made during calendar year 2007.  There were a total of 257,485 gift tax returns filed in 2008.  247,932 returns, or 96.3 percent, were nontaxable.  The remaining 9,553 (3.7 percent) were taxable.

Wealth Transfers, 2005 Gifts

This article describes gifts made during calendar year 2005.  A total of $38.5 billion in assets was transferred from donors to donees, or gift recipients.  Only 2.9 percent of returns were taxable, with $1.7 billion in gift tax liability reported.

 

Inter Vivos Wealth Transfers, 1997 Gifts
This article describes gifts made during calendar year 1997.  Like transfers of wealth at death, wealth transfers during life—called inter vivos wealth transfers—are subject to Federal taxation.  Only individual gifts in excess of $10,000 were potentially taxable for Gift Year 1997.

Return to the Tax Stats home page

Page Last Reviewed or Updated: 21-Oct-2013

The Tax Forms 1040 Ez

Tax forms 1040 ez 4. Tax forms 1040 ez   Other Section 501(c) Organizations Table of Contents Introduction 501(c)(4) - Civic Leagues and Social Welfare OrganizationsSpecific Organizations 501(c)(5) - Labor, Agricultural and Horticultural OrganizationsLabor Organizations Agricultural and Horticultural Organizations 501(c)(6) - Business Leagues, etc. Tax forms 1040 ez Line of business. Tax forms 1040 ez Examples. Tax forms 1040 ez Improvement of business conditions. Tax forms 1040 ez Exception for local legislation. Tax forms 1040 ez De minimis exception. Tax forms 1040 ez Grass roots lobbying. Tax forms 1040 ez 501(c)(7) - Social and Recreation ClubsLimited membership. Tax forms 1040 ez Support. Tax forms 1040 ez Facilities open to public. Tax forms 1040 ez Gross receipts from nonmembership sources. Tax forms 1040 ez Gross receipts. Tax forms 1040 ez Nontraditional activities. Tax forms 1040 ez 501(c)(8) and 501(c)(10) - Fraternal Beneficiary Societies and Domestic Fraternal SocietiesFraternal Beneficiary Societies (501(c)(8)) Domestic Fraternal Societies (501(c)(10)) 501(c)(4), 501(c)(9), and 501(c)(17) - Employees' AssociationsLocal Employees' Associations (501(c)(4)) Voluntary Employees' Beneficiary Associations (501(c)(9)) Supplemental Unemployment Benefit Trusts (501(c)(17)) 501(c)(12) - Local Benevolent Life Insurance Associations, Mutual Irrigation and Telephone Companies, and Like OrganizationsMembership. Tax forms 1040 ez Losses and expenses. Tax forms 1040 ez Distributions of proceeds. Tax forms 1040 ez The 85% Requirement Local Life Insurance Associations Mutual or Cooperative Associations 501(c)(13) - Cemetery CompaniesBuying cemetery property. Tax forms 1040 ez Perpetual care organization. Tax forms 1040 ez Care of individual plots. Tax forms 1040 ez 501(c)(14) - Credit Unions and Other Mutual Financial OrganizationsState-Chartered Credit Unions Other Mutual Financial Organizations 501(c)(19) - Veterans' Organizations 501(c)(20) - Group Legal Services Plan Organizations 501(c)(21) - Black Lung Benefit TrustsExcise taxes. Tax forms 1040 ez 501(c)(2) - Title-Holding Corporations for Single Parent CorporationsExpenses. Tax forms 1040 ez Waiver of payment of income. Tax forms 1040 ez 501(c)(25) - Title-Holding Corporations or Trusts for Multiple Parent CorporationsUnrelated Business Income 501(c)(26) - State-Sponsored High-Risk Health Coverage Organizations 501(c)(27) - Qualified State-Sponsored Workers' Compensation Organizations 501(c)(29) - CO-OP Health Insurance Issuers New Guidance for IRC 501(c)(29) Qualified Nonprofit Health Insurance Issuers General Requirements for Exemption under 501(c)(29) and Annual Filing Requirement Additional Guidance for Prospective 501(c)(29) Organizations Introduction This chapter contains specific information for certain organizations described in section 501(c), other than those organizations that are described in section 501(c)(3). Tax forms 1040 ez Section 501(c)(3) organizations are covered in chapter 3 of this publication. Tax forms 1040 ez The Table of Contents at the beginning of this publication, as well as the Organization Reference Chart, may help you locate at a glance the type of organization discussed in this chapter. Tax forms 1040 ez 501(c)(4) - Civic Leagues and Social Welfare Organizations If your organization is not organized for profit and will be operated primarily to promote social welfare to benefit the community, you should file Form 1024 to apply for recognition of exemption from federal income tax under section 501(c)(4). Tax forms 1040 ez The discussion that follows describes the information you must provide when applying. Tax forms 1040 ez For application procedures, see chapter 1. Tax forms 1040 ez To qualify for exemption under section 501(c)(4), the organization's net earnings must be devoted primarily to charitable, educational, or recreational purposes. Tax forms 1040 ez In addition, no part of the organization's net earnings can inure to the benefit of any private shareholder or individual. Tax forms 1040 ez If the organization provides an excess benefit to certain persons, an excise tax may be imposed. Tax forms 1040 ez See Excise tax on excess benefit transactions , under Excess Benefit Transactions in chapter 5 for more information about this tax. Tax forms 1040 ez Examples. Tax forms 1040 ez   Types of organizations that are considered to be social welfare organizations are civic associations and volunteer fire companies. Tax forms 1040 ez Nonprofit operation. Tax forms 1040 ez   You must submit evidence that your organization is organized and will be operated on a nonprofit basis. Tax forms 1040 ez However, such evidence, including the fact that your organization is organized under a state law relating to nonprofit corporations, will not in itself establish a social welfare purpose. Tax forms 1040 ez Social welfare. Tax forms 1040 ez   To establish that your organization is organized primarily to promote social welfare, you should submit evidence with your application showing that your organization will operate primarily to further (in some way) the common good and general welfare of the people of the community (such as by bringing about civic betterment and social improvements). Tax forms 1040 ez   An organization that restricts the use of its facilities to employees of selected corporations and their guests is primarily benefiting a private group rather than the community. Tax forms 1040 ez It therefore does not qualify as a section 501(c)(4) organization. Tax forms 1040 ez Similarly, an organization formed to represent member-tenants of an apartment complex does not qualify, since its activities benefit the member-tenants and not all tenants in the community. Tax forms 1040 ez However, an organization formed to promote the legal rights of all tenants in a particular community may qualify under section 501(c)(4) as a social welfare organization. Tax forms 1040 ez Political activity. Tax forms 1040 ez   Promoting social welfare does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office. Tax forms 1040 ez However, if you submit proof that your organization is organized primarily to promote social welfare, it can obtain exemption even if it participates legally in some political activity on behalf of or in opposition to candidates for public office. Tax forms 1040 ez See the discussion in chapter 2 under Political Organization Income Tax Return . Tax forms 1040 ez Social or recreational activity. Tax forms 1040 ez   If social activities will be the primary purpose of your organization, you should not file an application for exemption as a social welfare organization but should file for exemption as a social club described in section 501(c)(7). Tax forms 1040 ez Retirement benefit program. Tax forms 1040 ez   An organization established by its members that has as its primary activity providing supplemental retirement benefits to its members or death benefits to their beneficiaries does not qualify as an exempt social welfare organization. Tax forms 1040 ez It may qualify under another paragraph of section 501(c) depending on all the facts. Tax forms 1040 ez   However, a nonprofit association that is established, maintained, and funded by a local government to provide the only retirement benefits to a class of employees may qualify as a social welfare organization under section 501(c)(4). Tax forms 1040 ez Tax treatment of donations. Tax forms 1040 ez   Donations to volunteer fire companies are deductible on the donor's federal income tax return, but only if made for exclusively public purposes. Tax forms 1040 ez Contributions to civic leagues or other section 501(c)(4) organizations generally are not deductible as charitable contributions for federal income tax purposes. Tax forms 1040 ez They may be deductible as trade or business expenses, if ordinary and necessary in the conduct of the taxpayer's business. Tax forms 1040 ez However, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. Tax forms 1040 ez for more information. Tax forms 1040 ez For more information on social welfare organizations, see Life Cycle of a Social Welfare Organization at IRS. Tax forms 1040 ez gov. Tax forms 1040 ez Specific Organizations The following information should be contained in the application form and accompanying statements of certain types of civic leagues or social welfare organizations. Tax forms 1040 ez Volunteer fire companies. Tax forms 1040 ez   If your organization wishes to obtain exemption as a volunteer fire company or similar organization, you should submit evidence that its members are actively engaged in fire fighting and similar disaster assistance, whether it actually owns the fire fighting equipment, and whether it provides any assistance for its members, such as death and medical benefits in case of injury to them. Tax forms 1040 ez   If your organization does not have an independent social purpose, such as providing recreational facilities for members, it may be exempt under section 501(c)(3). Tax forms 1040 ez In this event, your organization should file Form 1023. Tax forms 1040 ez Homeowners' associations. Tax forms 1040 ez   A membership organization formed by a real estate developer to own and maintain common green areas, streets, and sidewalks and to enforce covenants to preserve the appearance of the development should show that it is operated for the benefit of all the residents of the community. Tax forms 1040 ez The term community generally refers to a geographical unit recognizable as a governmental subdivision, unit, or district thereof. Tax forms 1040 ez Whether a particular association meets the requirement of benefiting a community depends on the facts and circumstances of each case. Tax forms 1040 ez Even if an area represented by an association is not a community, the association can still qualify for exemption if its activities benefit a community. Tax forms 1040 ez   The association should submit evidence that areas such as roadways and park land that it owns and maintains are open to the general public and not just its own members. Tax forms 1040 ez It also must show that it does not engage in exterior maintenance of private homes. Tax forms 1040 ez   A homeowners' association that is not exempt under section 501(c)(4) and that is a condominium management association, a residential real estate management association, or a timeshare association generally can elect under the provisions of section 528 to receive certain tax benefits that, in effect, permit it to exclude its exempt function income from its gross income. Tax forms 1040 ez Other organizations. Tax forms 1040 ez   Other nonprofit organizations that qualify as social welfare organizations include: An organization operating an airport that is on land owned by a local government, which supervises the airport's operation, and that serves the general public in an area with no other airport, A community association that works to improve public services, housing, and residential parking; publishes a free community newspaper; sponsors a community sports league, holiday programs, and meetings; and contracts with a private security service to patrol the community, A community association devoted to preserving the community's traditions, architecture, and appearance by representing it before the local legislature and administrative agencies in zoning, traffic, and parking matters, An organization that tries to encourage industrial development and relieve unemployment in an area by making loans to businesses so they will relocate to the area, and An organization that holds an annual festival of regional customs and traditions. Tax forms 1040 ez 501(c)(5) - Labor, Agricultural and Horticultural Organizations If you are a member of an organization that wants to obtain recognition of exemption from federal income tax as a labor, agricultural, or horticultural organization, you should submit an application on Form 1024. Tax forms 1040 ez You must indicate in your application for exemption and accompanying statements that no part of the organization's net earnings will inure to the benefit of any member. Tax forms 1040 ez In addition, you should follow the procedure for obtaining recognition of exempt status described in chapter 1. Tax forms 1040 ez Submit any additional information that may be required, as described in this section. Tax forms 1040 ez Tax treatment of donations. Tax forms 1040 ez   Contributions to labor, agricultural, and horticultural organizations are not deductible as charitable contributions on the donor's federal income tax return. Tax forms 1040 ez However, such payments may be deductible as business expenses if they are ordinary and necessary in the conduct of the taxpayer's trade or business. Tax forms 1040 ez For more information about certain limits affecting the deductibility of these business expenses, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. Tax forms 1040 ez Labor Organizations A labor organization is an association of workers who have combined to protect and promote the interests of the members by bargaining collectively with their employers to secure better working conditions. Tax forms 1040 ez To show that your organization has the purpose of a labor organization, you should include in the articles of organization or accompanying statements (submitted with your exemption application) information establishing that the organization is organized to better the conditions of workers, improve the grade of their products, and develop a higher degree of efficiency in their respective occupations. Tax forms 1040 ez In addition, no net earnings of the organization can inure to the benefit of any member. Tax forms 1040 ez Composition of membership. Tax forms 1040 ez   While a labor organization generally is composed of employees or representatives of the employees (in the form of collective bargaining agents) and similar employee groups, evidence that an organization's membership consists mainly of workers does not in itself indicate an exempt purpose. Tax forms 1040 ez You must show in your application that your organization has the purposes described in the preceding paragraph. Tax forms 1040 ez These purposes can be accomplished by a single labor organization acting alone or by several organizations acting together through a separate organization. Tax forms 1040 ez Benefits to members. Tax forms 1040 ez   The payment by a labor organization of death, sick, accident, and similar benefits to its individual members with funds contributed by its members, if made under a plan to better the conditions of the members, does not preclude exemption as a labor organization. Tax forms 1040 ez However, an organization does not qualify for exemption as a labor organization if it has no authority to represent members in job-related matters, even if it provides weekly income to its members in the event of a lawful strike by the members' union, in return for an annual payment by the member. Tax forms 1040 ez   For more information on labor organizations, see Life Cycle of a Labor Organization at IRS. Tax forms 1040 ez gov. Tax forms 1040 ez Agricultural and Horticultural Organizations Agricultural and horticultural organizations are connected with raising livestock, forestry, cultivating land, raising and harvesting crops or aquatic resources, cultivating useful or ornamental plants, and similar pursuits. Tax forms 1040 ez For the purpose of these provisions, aquatic resources include only animal or vegetable life, but not mineral resources. Tax forms 1040 ez The term harvesting, in this case, includes fishing and related pursuits. Tax forms 1040 ez Agricultural organizations can be quasi-public in character and are often designed to encourage the development of better agricultural and horticultural products through a system of awards, using income from entry fees, gate receipts, and donations to meet the necessary expenses of upkeep and operation. Tax forms 1040 ez When the activities are directed toward the improvement of marketing or other business conditions in one or more lines of business, rather than the improvement of production techniques or the betterment of the conditions of persons engaged in agriculture, the organization must qualify for exemption as a business league, board of trade, or other organization, as discussed next in the section on 501(c)(6) organizations. Tax forms 1040 ez The primary purpose of exempt agricultural and horticultural organizations must be to better the conditions of those engaged in agriculture or horticulture, develop more efficiency in agriculture or horticulture, or improve the products. Tax forms 1040 ez The following list contains some examples of activities that show an agricultural or horticultural purpose. Tax forms 1040 ez Promoting various cooperative agricultural, horticultural, and civic activities among rural residents by a state, farm, or home bureau. Tax forms 1040 ez Exhibiting livestock, farm products, and other characteristic features of agriculture and horticulture. Tax forms 1040 ez Testing soil for members and nonmembers of the farm bureau on a cost basis, the results of the tests and other recommendations being furnished to the community members to educate them in soil treatment. Tax forms 1040 ez Guarding the purity of a specific breed of livestock. Tax forms 1040 ez Encouraging improvements in the production of fish on privately owned fish farms. Tax forms 1040 ez Negotiating with processors for the price to be paid to members for their crops. Tax forms 1040 ez For more information on agricultural or horticultural organizations, see Life Cycle of an Agricultural or Horticultural Organization at IRS. Tax forms 1040 ez gov. Tax forms 1040 ez 501(c)(6) - Business Leagues, etc. Tax forms 1040 ez If your association wants to apply for recognition of exemption from federal income tax as a nonprofit business league, chamber of commerce, real estate board, or board of trade, it should file Form 1024. Tax forms 1040 ez For a discussion of the procedure to follow, see chapter 1. Tax forms 1040 ez Your organization must indicate in its application form and attached statements that no part of its net earnings will inure to the benefit of any private shareholder or individual and that it is not organized for profit or organized to engage in an activity ordinarily carried on for profit (even if the business is operated on a cooperative basis or produces only sufficient income to be self-sustaining). Tax forms 1040 ez In addition, your organization must be primarily engaged in activities or functions that are the basis for its exemption. Tax forms 1040 ez It must be primarily supported by membership dues and other income from activities substantially related to its exempt purpose. Tax forms 1040 ez A business league, in general, is an association of persons having some common business interest, the purpose of which is to promote that common interest and not to engage in a regular business of a kind ordinarily carried on for profit. Tax forms 1040 ez Trade associations and professional associations are considered business leagues. Tax forms 1040 ez Chamber of commerce. Tax forms 1040 ez   A chamber of commerce usually is composed of the merchants and traders of a city. Tax forms 1040 ez Board of trade. Tax forms 1040 ez   A board of trade often consists of persons engaged in similar lines of business. Tax forms 1040 ez For example, a nonprofit organization formed to regulate the sale of a specified agricultural commodity to assure equal treatment of producers, warehouse workers, and buyers is a board of trade. Tax forms 1040 ez   Chambers of commerce and boards of trade usually promote the common economic interests of all the commercial enterprises in a given trade community. Tax forms 1040 ez Real estate board. Tax forms 1040 ez   A real estate board consists of members interested in improving the business conditions in the real estate field. Tax forms 1040 ez It is not organized for profit and no part of the net earnings inures to the benefit of any private shareholder or individual. Tax forms 1040 ez Professional football leagues. Tax forms 1040 ez   The Internal Revenue Code specifically defines professional football leagues as exempt organizations under section 501(c)(6). Tax forms 1040 ez They are exempt whether or not they administer a pension fund for football players. Tax forms 1040 ez General purpose. Tax forms 1040 ez   You must indicate in the material submitted with your application that your organization will be devoted to the improvement of business conditions of one or more lines of business as distinguished from the performance of particular services for individual persons. Tax forms 1040 ez It must be shown that the conditions of a particular trade or the interests of the community will be advanced. Tax forms 1040 ez Merely indicating the name of the organization or the object of the local statute under which it is created is not enough to demonstrate the required general purpose. Tax forms 1040 ez Line of business. Tax forms 1040 ez   This term generally refers either to an entire industry or to all components of an industry within a geographic area. Tax forms 1040 ez It does not include a group composed of businesses that market a particular brand within an industry. Tax forms 1040 ez Common business interest. Tax forms 1040 ez   A common business interest of all members of the organization must be established by the application documents. Tax forms 1040 ez Examples. Tax forms 1040 ez   Activities that would tend to illustrate a common business interest are: Promotion of higher business standards and better business methods and encouragement of uniformity and cooperation by a retail merchants association, Education of the public in the use of credit, Establishment of uniform casualty rates and compilation of statistical information by an insurance rating bureau operated by casualty insurance companies, Establishment and maintenance of the integrity of a local commercial market, Operation of a trade publication primarily intended to benefit an entire industry, and Encouragement of the use of goods and services of an entire industry (such as a lawyer referral service whose main purpose is to introduce individuals to the use of the legal profession in the hope that they will enter into lawyer-client relationships on a paying basis as a result). Tax forms 1040 ez Improvement of business conditions. Tax forms 1040 ez   Generally, this must be shown to be the purpose of the organization. Tax forms 1040 ez This is not established by evidence of particular services that provide a convenience or economy to individual members in their businesses, such as advertising that carries the name of members, interest-free loans, assigning exclusive franchise areas, operation of a real estate multiple listing system, or operation of a credit reporting agency. Tax forms 1040 ez Stock or commodity exchange. Tax forms 1040 ez   A stock or commodity exchange is not a business league, chamber of commerce, real estate board, or board of trade and is not exempt under section 501(c)(6). Tax forms 1040 ez Legislative activity. Tax forms 1040 ez   An organization that is exempt under section 501(c)(6) can work for the enactment of laws to advance the common business interests of the organization's members. Tax forms 1040 ez Deduction not allowed for dues used for political or legislative activities. Tax forms 1040 ez   A taxpayer cannot deduct the part of dues or other payments to a business league, trade association, labor union, or similar organization that is reported to the taxpayer by the organization as having been used for any of the following activities. Tax forms 1040 ez Influencing legislation. Tax forms 1040 ez Participating or intervening in a political campaign for, or against, any candidate for public office. Tax forms 1040 ez Trying to influence the general public, or part of the general public, with respect to elections, legislative matters, or referendums (also known as grass roots lobbying). Tax forms 1040 ez Communicating directly with certain executive branch officials to try to influence their official actions or positions. Tax forms 1040 ez See Dues Used for Lobbying or Political Activities under Required Disclosures in chapter 2 for more information. Tax forms 1040 ez Exception for local legislation. Tax forms 1040 ez   Members can deduct dues (or assessments) to an organization that are for expenses of: Appearing before, submitting statements to, or sending communications to members of a local council or similar governing body with respect to legislation or proposed legislation of direct interest to the member, or Communicating information between the member and the organization with respect to local legislation or proposed legislation of direct interest to the organization or the member. Tax forms 1040 ez Legislation or proposed legislation is of direct interest to a taxpayer if it will, or can reasonably be expected to, affect the taxpayer's trade or business. Tax forms 1040 ez De minimis exception. Tax forms 1040 ez   In-house expenditures of $2,000 or less for the year for activities (1) – (4) listed earlier will not prevent a deduction for dues if the dues meet all other tests to be deductible as a business expense. Tax forms 1040 ez Grass roots lobbying. Tax forms 1040 ez   A tax-exempt trade association, labor union, or similar organization is considered to be engaging in grass roots lobbying if it contacts prospective members or calls upon its own members to contact their employees and customers for the purpose of urging such persons to communicate with their elected state or Congressional representatives to support the promotion, defeat, or repeal of legislation that is of direct interest to the organization. Tax forms 1040 ez Any dues or assessments directly related to such activities are not deductible by the taxpayer, since the individuals being contacted, who are not members of the organization, are a segment of the general public. Tax forms 1040 ez Tax treatment of donations. Tax forms 1040 ez   Contributions to organizations described in this section are not deductible as charitable contributions on the donor's federal income tax return. Tax forms 1040 ez They may be deductible as trade or business expenses if ordinary and necessary in the conduct of the taxpayer's business. Tax forms 1040 ez   For more information on business leagues, see Life Cycle of a Business League (Trade Association) on IRS. Tax forms 1040 ez gov. Tax forms 1040 ez 501(c)(7) - Social and Recreation Clubs If your club is organized for pleasure, recreation, and other similar nonprofitable purposes and substantially all of its activities are for these purposes, it should file Form 1024 to apply for recognition of exemption from federal income tax. Tax forms 1040 ez In applying for recognition of exemption, you should submit the information described in this section. Tax forms 1040 ez Also see chapter 1 for the procedures to follow. Tax forms 1040 ez Typical organizations that should file for recognition of exemption as social clubs include: College alumni associations that are not described in chapter 3 under Alumni association , College fraternities or sororities operating chapter houses for students, Country clubs, Amateur hunting, fishing, tennis, swimming, and other sport clubs, Dinner clubs that provide a meeting place, library, and dining room for members, Hobby clubs, Garden clubs, and Variety clubs. Tax forms 1040 ez Discrimination prohibited. Tax forms 1040 ez   Your organization will not be recognized as tax exempt if its charter, bylaws, or other governing instrument, or any written policy statement provides for discrimination against any person on the basis of race, color, or religion. Tax forms 1040 ez   However, a club that in good faith limits its membership to the members of a particular religion to further the teachings or principles of that religion and not to exclude individuals of a particular race or color will not be considered as discriminating on the basis of religion. Tax forms 1040 ez Also, the restriction on religious discrimination does not apply to a club that is an auxiliary of a fraternal beneficiary society (discussed later) if that society is described in section 501(c)(8) and exempt from tax under section 501(a) and limits its membership to the members of a particular religion. Tax forms 1040 ez Private benefit prohibited. Tax forms 1040 ez   No part of the organization's net earnings can inure to the benefit of any person having a personal and private interest in the activities of the organization. Tax forms 1040 ez For purposes of this requirement, it is not necessary that net earnings be actually distributed. Tax forms 1040 ez Even undistributed earnings can benefit members. Tax forms 1040 ez Examples of this include a decrease in membership dues or an increase in the services the club provides to its members without a corresponding increase in dues or other fees paid for club support. Tax forms 1040 ez However, fixed-fee payments to members who bring new members into the club are not an inurement of the club's net earnings, if the payments are reasonable compensation for performance of a necessary administrative service. Tax forms 1040 ez Purposes. Tax forms 1040 ez   To show that your organization possesses the characteristics of a club within the meaning of the exemption law, you should submit evidence with your application that personal contact, commingling, and fellowship exist among members. Tax forms 1040 ez You must show that members are bound together by a common objective of pleasure, recreation, and other nonprofitable purposes. Tax forms 1040 ez   Fellowship need not be present between each member and every other member of a club if it is a material part in the life of the organization. Tax forms 1040 ez A statewide or nationwide organization that is made up of individual members, but is divided into local groups, satisfies this requirement if fellowship is a material part of the life of each local group. Tax forms 1040 ez   The term other nonprofitable purposes means other purposes similar to pleasure and recreation. Tax forms 1040 ez For example, a club that, in addition to its social activities, has a plan for the payment of sick and death benefits is not operating exclusively for pleasure, recreation, and other nonprofitable purposes. Tax forms 1040 ez Limited membership. Tax forms 1040 ez   The membership in a social club must be limited. Tax forms 1040 ez To show that your organization has a purpose that would characterize it as a club, you should submit evidence with your application that there are limits on admission to membership consistent with the character of the club. Tax forms 1040 ez   A social club that issues corporate membership is dealing with the general public in the form of the corporation's employees. Tax forms 1040 ez Corporate members of a club are not the kind of members contemplated by the law. Tax forms 1040 ez Gross receipts from these members would be a factor in determining whether the club qualifies as a social club. Tax forms 1040 ez See Gross receipts from nonmembership sources , later. Tax forms 1040 ez Bona fide individual memberships paid for by a corporation would not have an effect on the gross receipts source. Tax forms 1040 ez   The fact that a social club may have an associate (nonvoting) class of membership will not be, in and of itself, a cause for nonrecognition of exemption. Tax forms 1040 ez However, if one membership class pays substantially lower dues and fees than another membership class, although both classes enjoy the same rights and privileges in using the club facilities, there may be an inurement of income to the benefited class, resulting in a denial of the club's exemption. Tax forms 1040 ez Support. Tax forms 1040 ez   In general, your club should be supported solely by membership fees, dues, and assessments. Tax forms 1040 ez However, if otherwise entitled to exemption, your club will not be disqualified because it raises revenue from members through the use of club facilities or in connection with club activities. Tax forms 1040 ez Business activities. Tax forms 1040 ez   If your club will engage in business, such as selling real estate, timber, or other products or services, it generally will be denied exemption. Tax forms 1040 ez However, evidence submitted with your application form that your organization will provide meals, refreshments, or services related to its exempt purposes only to its own members or their dependents or guests will not cause denial of exemption. Tax forms 1040 ez Facilities open to public. Tax forms 1040 ez   Evidence that your club's facilities will be open to the general public (persons other than members or their dependents or guests) may cause denial of exemption. Tax forms 1040 ez This does not mean, however, that any dealing with outsiders will automatically deprive a club of exemption. Tax forms 1040 ez Gross receipts from nonmembership sources. Tax forms 1040 ez   A section 501(c)(7) organization can receive up to 35% of its gross receipts, including investment income, from sources outside of its membership without losing its tax-exempt status. Tax forms 1040 ez Income from nontraditional business activity with members is not exempt function income, and thus is included as income from sources outside of the membership. Tax forms 1040 ez Of the 35% gross receipts listed above, up to 15% of the gross receipts can be derived from the use of the club's facilities or services by the general public. Tax forms 1040 ez If an organization has outside income that is more than these limits, all the facts and circumstances will be taken into account in determining whether the organization qualifies for exempt status. Tax forms 1040 ez Gross receipts. Tax forms 1040 ez   Gross receipts, for this purpose, are receipts from the normal and usual (traditionally conducted) activities of the club. Tax forms 1040 ez These receipts include charges, admissions, membership fees, dues, assessments, investment income, and normal recurring capital gains on investments. Tax forms 1040 ez Receipts do not include initiation fees and capital contributions. Tax forms 1040 ez Unusual amounts of income, such as from the sale of a clubhouse or similar facility, are not included in gross receipts or in figuring the percentage limits. Tax forms 1040 ez Nontraditional activities. Tax forms 1040 ez   Activities conducted by a social club need to further its exempt purposes. Tax forms 1040 ez Traditional business activities are those that further a social club's exempt purposes. Tax forms 1040 ez Nontraditional business activities do not further the exempt purposes of a social club even if conducted solely on a membership basis. Tax forms 1040 ez Nontraditional business activities are prohibited (subject to an insubstantial, trivial, and nonrecurrent test) for businesses conducted with both members and nonmembers. Tax forms 1040 ez Examples of nontraditional business activities include sale of package liquor, take-out food, and long-term room rental. Tax forms 1040 ez Fraternity foundations. Tax forms 1040 ez   If your organization is a foundation formed for the exclusive purpose of acquiring and leasing a chapter house to a local fraternity chapter or sorority chapter maintained at an educational institution and does not engage in any social or recreational activities, it may be a title holding corporation (discussed later under section 501(c)(2) organizations and under section 501(c)(25) organizations) rather than a social club. Tax forms 1040 ez Tax treatment of donations. Tax forms 1040 ez   Donations to exempt social and recreation clubs are not deductible as charitable contributions on the donor's federal income tax return. Tax forms 1040 ez 501(c)(8) and 501(c)(10) - Fraternal Beneficiary Societies and Domestic Fraternal Societies This section describes the information to be provided upon application for recognition of exemption by two types of fraternal societies: beneficiary and domestic. Tax forms 1040 ez The major distinction is that fraternal beneficiary societies provide for the payment of life, sick, accident, or other benefits to their members or their dependents, while domestic fraternal societies do not provide these benefits but rather devote their earnings to fraternal, religious, charitable, etc. Tax forms 1040 ez , purposes. Tax forms 1040 ez The procedures to follow in applying for recognition of exemption are described in chapter 1. Tax forms 1040 ez If your organization is controlled by a central organization, you should check with your controlling organization to determine whether your unit has been included in a group exemption letter or can be added. Tax forms 1040 ez If so, your organization need not apply for individual recognition of exemption. Tax forms 1040 ez For more information, see Group Exemption Letter in chapter 1 of this publication. Tax forms 1040 ez Tax treatment of donations. Tax forms 1040 ez   Donations by an individual to a domestic fraternal beneficiary society or a domestic fraternal society operating under the lodge system are deductible as charitable contributions only if used exclusively for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals. Tax forms 1040 ez Fraternal Beneficiary Societies (501(c)(8)) A fraternal beneficiary society, order, or association must file an application for recognition of exemption from federal income tax on Form 1024. Tax forms 1040 ez The application and accompanying statements should establish that the organization: Is a fraternal organization, Operates under the lodge system or for the exclusive benefit of the members of a fraternal organization itself operating under the lodge system, and Provides for the payment of life, sick, accident, or other benefits to the members of the society, order, or association or their dependents. Tax forms 1040 ez Lodge system. Tax forms 1040 ez   Operating under the lodge system means carrying on activities under a form of organization that comprises local branches, chartered by a parent organization and largely self-governing, called lodges, chapters, or the like. Tax forms 1040 ez Payment of benefits. Tax forms 1040 ez   It is not essential that every member be covered by the society's program of sick, accident, or death benefits. Tax forms 1040 ez An organization can qualify for exemption if most of its members are eligible for benefits, and the benefits are paid from contributions or dues paid by those members. Tax forms 1040 ez   The benefits must be limited to members and their dependents. Tax forms 1040 ez If members will have the ability to confer benefits to other than themselves and their dependents, exemption will not be recognized. Tax forms 1040 ez Whole-life insurance. Tax forms 1040 ez   Whole-life insurance constitutes a life benefit under section 501(c)(8) even though the policy may contain investment features such as a cash surrender value or a policy loan. Tax forms 1040 ez Reinsurance pool. Tax forms 1040 ez   Payments by a fraternal beneficiary society into a state-sponsored reinsurance pool that protects participating insurers against excessive losses on major medical health and accident insurance will not preclude exemption as a fraternal beneficiary society. Tax forms 1040 ez Domestic Fraternal Societies (501(c)(10)) A domestic fraternal society, order, or association must file an application for recognition of exemption from federal income tax on Form 1024. Tax forms 1040 ez The application and accompanying statements should establish that the organization: Is a domestic fraternal organization organized in the U. Tax forms 1040 ez S. Tax forms 1040 ez , Operates under the lodge system, Devotes its net earnings exclusively to religious, charitable, scientific, literary, educational, and fraternal purposes, and Does not provide for the payment of life, sick, accident, or other benefits to its members. Tax forms 1040 ez The organization can arrange with insurance companies to provide optional insurance to its members without jeopardizing its exempt status. Tax forms 1040 ez 501(c)(4), 501(c)(9), and 501(c)(17) - Employees' Associations This section describes the information to be provided upon application for recognition of exemption by the following types of employees' associations: A voluntary employees' beneficiary association (including federal employees' associations) organized to pay life, sick, accident, and similar benefits to members or their dependents, or designated beneficiaries, if no part of the net earnings of the association inures to the benefit of any private shareholder or individual, and A supplemental unemployment benefit trust whose primary purpose is providing for payment of supplemental unemployment benefits. Tax forms 1040 ez Both the application form to file and the information to provide are discussed later under the section that describes your employee association. Tax forms 1040 ez Chapter 1 describes the procedures to follow in applying for exemption. Tax forms 1040 ez Tax treatment of donations. Tax forms 1040 ez   Donations to these organizations are not deductible as charitable contributions on the donor's federal income tax return. Tax forms 1040 ez Local Employees' Associations (501(c)(4)) A local association of employees whose membership is limited to employees of a designated person or persons in a particular municipality, and whose income will be devoted exclusively to charitable, educational, or recreational purposes. Tax forms 1040 ez A local employees' association must apply for recognition of exemption by filing Form 1024. Tax forms 1040 ez The organization must submit evidence that: It is of a purely local character, Its membership is limited to employees of a designated person or persons in a particular locality, and Its net earnings will be devoted exclusively to charitable, educational, or recreational purposes. Tax forms 1040 ez A local association of employees that has established a system of paying retirement or death benefits, or both, to its members will not qualify for exemption since the payment of these benefits is not considered as being for charitable, educational, or recreational purposes. Tax forms 1040 ez Similarly, a local association of employees that is operated primarily as a cooperative buying service for its members in order to obtain discount prices on merchandise, services, and activities does not qualify for exemption. Tax forms 1040 ez Voluntary Employees' Beneficiary Associations (501(c)(9)) An application for recognition of exemption as a voluntary employees' beneficiary association must be filed on Form 1024. Tax forms 1040 ez The material submitted with the application must show that your organization: Is a voluntary association of employees, Will provide for payment of life, sick, accident, or other benefits to members or their dependents or designated beneficiaries and substantially all of its operations are for this purpose, and Will not allow any of its net earnings to inure to the benefit of any private individual or shareholder except in the form of scheduled benefit payments. Tax forms 1040 ez To be complete, an application must include a copy of the document (such as the trust instrument) by which the organization was created; a full description of the benefits available to participants and the terms and conditions of eligibility for benefits (usually contained in a plan document); and, if providing benefits pursuant to a collective bargaining agreement, a copy of that agreement. Tax forms 1040 ez Note. Tax forms 1040 ez Under section 4976, the reversion of funds from a section 501(c)(9) organization to the employer who created the beneficiary association may subject the employer to a 100% penalty excise tax on the amount of the reversion. Tax forms 1040 ez Notice requirement. Tax forms 1040 ez   An organization will not be considered tax exempt under this section unless the organization gives notice to the IRS that it is applying for recognition of exempt status. Tax forms 1040 ez The organization gives notice by filing Form 1024. Tax forms 1040 ez If the notice is not given by 15 months after the end of the month in which the organization was created, the organization will not be exempt for any period before notice is given. Tax forms 1040 ez An extension of time for filing the notice can be granted under the same procedures as those described for section 501(c)(3) organizations in chapter 3 under Application for Recognition of Exemption . Tax forms 1040 ez Membership. Tax forms 1040 ez   Membership of a section 501(c)(9) organization must consist of individuals who are employees and have an employment-related common bond. Tax forms 1040 ez This common bond can be a common employer (or affiliated employers), coverage under one or more collective bargaining agreements, membership in a labor union, or membership in one or more locals of a national or international labor union. Tax forms 1040 ez   The membership of an association can include some individuals who are not employees, provided they have an employment-related bond with the employee-members. Tax forms 1040 ez For example, the owner of a business whose employees are members of the association can be a member. Tax forms 1040 ez An association will be considered composed of employees if 90% of its total membership on one day of each quarter of its tax year consists of employees. Tax forms 1040 ez Employees. Tax forms 1040 ez   Employees include individuals who became entitled to membership because they are or were employees. Tax forms 1040 ez For example, an individual will qualify as an employee even though the individual is on a leave of absence or has been terminated due to retirement, disability, or layoff. Tax forms 1040 ez   Generally, membership is voluntary if an affirmative act is required on the part of an employee to become a member. Tax forms 1040 ez Conversely, membership is involuntary if the designation as a member is due to employee status. Tax forms 1040 ez However, an association will be considered voluntary if employees are required to be members of the organization as a condition of their employment and they do not incur a detriment (such as a payroll deduction) as a result of their membership. Tax forms 1040 ez An employer has not imposed involuntary membership on the employee if membership is required as the result of a collective bargaining agreement or as an incident of membership in a labor organization. Tax forms 1040 ez Payment of benefits. Tax forms 1040 ez   The information submitted with your application must show that your organization will pay life, sick, accident, supplemental unemployment, or other similar benefits. Tax forms 1040 ez The benefits can be provided directly by your association or indirectly by your association through the payments of premiums to an insurance company (or fees to a medical clinic). Tax forms 1040 ez Benefits can be in the form of medical, clinical, or hospital services, transportation furnished for medical care, or money payments. Tax forms 1040 ez Nondiscrimination requirements. Tax forms 1040 ez   An organization that is part of a plan will not be exempt unless the plan meets certain nondiscrimination requirements. Tax forms 1040 ez However, if the organization is part of a plan that is a collective bargaining agreement that was the subject of good faith bargaining between employee organizations and employers, the plan need not meet these requirements for the organization to qualify as tax exempt. Tax forms 1040 ez   A plan meets the nondiscrimination requirements only if both of the following statements are true. Tax forms 1040 ez Each class of benefits under the plan is provided under a classification of employees that is set forth in the plan and does not discriminate in favor of employees who are highly compensated individuals. Tax forms 1040 ez The benefits provided under each class of benefits do not discriminate in favor of highly compensated individuals. Tax forms 1040 ez A life insurance, disability, severance pay, or supplemental unemployment compensation benefit does not discriminate in favor of highly compensated individuals merely because the benefits available bear a uniform relationship to the total compensation, or the basic or regular rate of compensation, of employees covered by the plan. Tax forms 1040 ez   For purposes of determining whether a plan meets the nondiscrimination requirements, the employer can elect to exclude all disability or severance payments payable to individuals who are in pay status as of January 1, 1985. Tax forms 1040 ez This will not apply to any increase in such payment by any plan amendment adopted after June 22, 1984. Tax forms 1040 ez   If a plan provides a benefit for which there is a nondiscrimination provision provided under Chapter 1 of the Internal Revenue Code as a condition of that benefit being excluded from gross income, these nondiscrimination requirements do not apply. Tax forms 1040 ez The benefit will be considered nondiscriminatory only if it meets the nondiscrimination provision of the applicable Code section. Tax forms 1040 ez For example, benefits provided under a medical reimbursement plan would meet the nondiscrimination requirements for an association, if the benefits meet the nondiscrimination requirements of section 105(h)(3) and 105(h)(4). Tax forms 1040 ez Excluded employees. Tax forms 1040 ez   Certain employees who are not covered by a plan can be excluded from consideration in applying these requirements. Tax forms 1040 ez These include employees: Who have not completed 3 years of service, Who have not attained age 21, Who are seasonal or less than half-time employees, Who are not in the plan and who are included in a unit of employees covered by a collective bargaining agreement if the class of benefits involved was the subject of good faith bargaining, or Who are nonresident aliens and who receive no earned income from the employer that has United States source income. Tax forms 1040 ez Highly compensated individual. Tax forms 1040 ez   A highly compensated individual is one who: Owned 5 percent or more of the employer at any time during the current year or the preceding year, Received more than $115,000 in compensation from the employer for the preceding year (the amount is annualized for inflation. Tax forms 1040 ez Go to IRS. Tax forms 1040 ez gov, and search “Pension Plan Limitation” for the year), and Was among the top 20% of employees by compensation for the preceding year. Tax forms 1040 ez However, the employer can choose not to have (3) apply. Tax forms 1040 ez Aggregation rules. Tax forms 1040 ez   The employer can choose to treat two or more plans as one plan for purposes of meeting the nondiscrimination requirements. Tax forms 1040 ez Employees of controlled groups of corporations, trades, or businesses under common control, or members of an affiliated service group, are treated as employees of a single employer. Tax forms 1040 ez Leased employees are treated as employees of the recipient. Tax forms 1040 ez One employee. Tax forms 1040 ez   A trust created to provide benefits to one employee will not qualify as a voluntary employees' beneficiary association under section 501(c)(9). Tax forms 1040 ez Supplemental Unemployment Benefit Trusts (501(c)(17)) A trust or trusts forming part of a written plan (established and maintained by an employer, his or her employees, or both) providing solely for the payment of supplemental unemployment compensation benefits must file the application for recognition of exemption on Form 1024. Tax forms 1040 ez The trust must be a valid, existing trust under local law and must be evidenced by an executed document. Tax forms 1040 ez A conformed copy of the plan of which the trust is a part should be attached to the application. Tax forms 1040 ez To be complete, an application must include a copy of the document (such as the trust instrument) by which the organization was created; a full description of the benefits available to participants and the terms and conditions of eligibility for benefits (usually contained in a plan document); and, if providing benefits pursuant to a collective bargaining agreement, a copy of that agreement. Tax forms 1040 ez Note. Tax forms 1040 ez Under section 4976, the reversion of funds from a section 501(c)(17) organization to the employer who created the supplemental unemployment benefit trust may subject the employer to a 100% penalty excise tax on the amount of the reversion. Tax forms 1040 ez Notice requirement. Tax forms 1040 ez   An organization will not be considered tax exempt under this section unless the organization gives notice to the IRS that it is applying for recognition of exempt status. Tax forms 1040 ez The organization gives notice by filing Form 1024. Tax forms 1040 ez If the notice is not given by 15 months after the end of the month in which the organization was created, the organization will not be exempt for any period before such notice is given. Tax forms 1040 ez An extension of time for filing the notice is granted under the same procedures as those described for section 501(c)(3) organizations in chapter 3 under Application for Recognition of Exemption . Tax forms 1040 ez Types of payments. Tax forms 1040 ez   You must show that the supplemental unemployment compensation benefits will be benefits paid to an employee because of the employee's involuntary separation from employment (whether or not the separation is temporary) resulting directly from a reduction-in-force, discontinuance of a plant or operation, or other similar conditions. Tax forms 1040 ez In addition, sickness and accident benefits (but not vacation, retirement, or death benefits) may be included in the plan if these are subordinate to the unemployment compensation benefits. Tax forms 1040 ez Diversion of funds. Tax forms 1040 ez   It must be impossible under the plan (at any time before the satisfaction of all liabilities with respect to employees under the plan) to use or to divert any of the corpus or income of the trust to any purpose other than the payment of supplemental unemployment compensation benefits (or sickness or accident benefits to the extent just explained). Tax forms 1040 ez Discrimination in benefits. Tax forms 1040 ez   Neither the terms of the plan nor the actual payment of benefits can be discriminatory in favor of the company's officers, stockholders, supervisors, or highly paid employees. Tax forms 1040 ez However, a plan is not discriminatory merely because benefits bear a uniform relationship to compensation or the rate of compensation. Tax forms 1040 ez Prohibited transactions and exemption. Tax forms 1040 ez   If your organization is a supplemental unemployment benefit trust and has received a denial of exemption because it engaged in a prohibited transaction, as defined by section 503(b), it can file a claim for exemption in any tax year following the tax year in which the notice of denial was issued. Tax forms 1040 ez It must file the claim on Form 1024. Tax forms 1040 ez The organization must include a written declaration that it will not knowingly again engage in a prohibited transaction. Tax forms 1040 ez An authorized principal officer of your organization must make this declaration under the penalties of perjury. Tax forms 1040 ez   If your organization has satisfied all requirements as a supplemental unemployment benefit trust described in section 501(c)(17), it will be notified in writing that it has been recognized as exempt. Tax forms 1040 ez However, the organization will be exempt only for those tax years after the tax year in which the claim for exemption (Form 1024) is filed. Tax forms 1040 ez Tax year in this case means the established annual accounting period of the organization or, if the organization has not established an annual accounting period, the calendar year. Tax forms 1040 ez For more information about the requirements for reestablishing an exemption previously denied, contact the IRS. Tax forms 1040 ez 501(c)(12) - Local Benevolent Life Insurance Associations, Mutual Irrigation and Telephone Companies, and Like Organizations Each of the following organizations apply for recognition of exemption from federal income tax by filing Form 1024. Tax forms 1040 ez Benevolent life insurance associations of a purely local character and like organizations. Tax forms 1040 ez Mutual ditch or irrigation companies and like organizations. Tax forms 1040 ez Mutual or cooperative telephone companies and like organizations. Tax forms 1040 ez A like organization is an organization that performs a service comparable to that performed by any one of the above organizations. Tax forms 1040 ez The information to be provided upon application by each of these organizations is described in this section. Tax forms 1040 ez For information as to the procedures to follow in applying for exemption, see chapter 1. Tax forms 1040 ez General requirements. Tax forms 1040 ez   These organizations must use their income solely to cover losses and expenses, with any excess being returned to members or retained to cover future losses and expenses. Tax forms 1040 ez They must collect at least 85% of their income from members for the sole purpose of meeting losses and expenses. Tax forms 1040 ez Mutual character. Tax forms 1040 ez   These organizations, other than benevolent life insurance associations, must be organized and operated on a mutual or cooperative basis. Tax forms 1040 ez They are associations of persons or organizations, or both, banded together to provide themselves a mutually desirable service approximately at cost and on a mutual basis. Tax forms 1040 ez To maintain the mutual characteristic of democratic ownership and control, they must be so organized and operated that their members have the right to choose the management, to receive services at cost, to receive a return of any excess of payments over losses and expenses, and to share in any assets upon dissolution. Tax forms 1040 ez   The rights and interests of members in the annual savings of the organization must be determined in proportion to their business with the organization. Tax forms 1040 ez Upon dissolution, gains from the sale of appreciated assets must be distributed to all persons who were members during the period the assets were owned by the organization in proportion to the amount of business done during that period. Tax forms 1040 ez The bylaws must not provide for forfeiture of a member's rights and interest upon withdrawal or termination. Tax forms 1040 ez Membership. Tax forms 1040 ez   Membership of a mutual organization consists of those who join the organization to obtain its services, and have a voice in its management. Tax forms 1040 ez In a stock company, the stockholders are members. Tax forms 1040 ez However, a mutual life insurance organization cannot have policyholders other than its members. Tax forms 1040 ez Losses and expenses. Tax forms 1040 ez   In furnishing services substantially at cost, an organization must use its income solely for paying losses and expenses. Tax forms 1040 ez Any excess income not retained in reasonable reserves for future losses and expenses belongs to members in proportion to their patronage or business done with the organization. Tax forms 1040 ez If such patronage refunds are retained in reasonable amounts for purposes of expanding and improving facilities, retiring capital indebtedness, acquiring other assets, and unexpected expenses, the organization must maintain records sufficient to reflect the equity of each member in the assets acquired with the funds. Tax forms 1040 ez Distributions of proceeds. Tax forms 1040 ez   The cooperative may distribute the unexpended balance of collections or assessments remaining on hand at the end of the year to members or patrons prorated on the basis of their patronage or business done with the cooperative. Tax forms 1040 ez Such distribution represents a refund in the costs of services rendered to the member. Tax forms 1040 ez The 85% Requirement All of the organizations listed above must submit evidence with their application that they receive 85% or more of their gross income from their members for the sole purpose of meeting losses and expenses. Tax forms 1040 ez Nevertheless, certain items of income are excluded from the computation of the 85% requirement if the organization is a mutual or cooperative telephone or electric company. Tax forms 1040 ez Mutual or cooperative telephone company. Tax forms 1040 ez   A mutual or cooperative telephone company will exclude from the computation of the 85% requirement any income received or accrued from: A nonmember telephone company for the performance of communication services involving the completion of long distance calls to, from, or between members of the mutual or cooperative telephone company, Qualified pole rentals, The sale of display listings in a directory furnished to its members, or The prepayment of a loan created in 1987, 1988, or 1989, under section 306A, 306B, or 311 of the Rural Electrification Act of 1936. Tax forms 1040 ez Mutual or cooperative electric company. Tax forms 1040 ez   A mutual or cooperative electric company will exclude from the computation of the 85% requirement any income received or accrued from: Qualified pole rentals, Any provision or sale of electric energy transmission services or ancillary service if the services are provided on a nondiscriminatory open access basis under an open access transmission tariff approved or accepted by the Federal Energy Regulatory Commission (FERC) or under an independent transmission provider agreement approved or accepted by FERC (other than income received or accrued directly or indirectly from a member), The provision or sale of electric energy distribution services or ancillary services if the services are provided on a nondiscriminatory open-access basis to distribute electric energy not owned by the mutual or electric cooperative company: To end-users who are served by distribution facilities not owned by the company or any of its members (other than income received or accrued directly or indirectly from a member), or Generated by a generation facility not owned or leased by the company or any of its members and which is directly connected to distribution facilities owned by the company or any of its members (other than income received or accrued directly or indirectly from a member), Any nuclear decommissioning transaction, or Any asset exchange or conversion transaction. Tax forms 1040 ez   An electric cooperative's sale of excess fuel at cost in the year of purchase is not income for purposes of determining compliance with the 85% requirement. Tax forms 1040 ez Qualified pole rental. Tax forms 1040 ez   The term qualified pole rental means any rental of a pole (or other structure used to support wires) if the pole (or other structure) is used: By the telephone or electric company to support one or more wires that are used by the company in providing telephone or electric services to its members, and Pursuant to the rental to support one or more wires (in addition to wires described in (1)) for use in connection with the transmission by wire of electricity or of telephone or other communications. Tax forms 1040 ez   The term rental, for this purpose, includes any sale of the right to use the pole (or other structure). Tax forms 1040 ez The 85% requirement is applied on the basis of an annual accounting period. Tax forms 1040 ez Failure of an organization to meet the requirement in a particular year precludes exemption for that year, but has no effect upon exemption for years in which the 85% requirement is met. Tax forms 1040 ez Gain from the sale or conversion of the organization's property is not considered an amount received from members in determining whether the organization's income consists of amounts collected from members. Tax forms 1040 ez Because the 85% income test is based on gross income, capital losses cannot be used to reduce capital gains for purposes of this test. Tax forms 1040 ez Example. Tax forms 1040 ez   The books of an organization reflect the following for the calendar year. Tax forms 1040 ez Collections from members $2,400 Short-term capital gains 600 Short-term capital losses 400 Other income None Gross income ($2,400 + $600 =$3000) 100% Collected from members ($2,400) 80%   Since amounts collected from members do not constitute at least 85% of gross income, the organization is not entitled to exemption from federal income tax for the year. Tax forms 1040 ez   Voluntary contributions in the nature of gifts are not taken into account for purposes of the 85% computation. Tax forms 1040 ez   Other tax-exempt income besides gifts is considered as income received from other than members in applying the 85% test. Tax forms 1040 ez   If the 85% test is not met, your organization, if classifiable under this section, will not qualify for exemption as any other type of organization described in this publication. Tax forms 1040 ez Tax treatment of donations. Tax forms 1040 ez   Donations to an organization described in this section are not deductible as charitable contributions on the donor's federal income tax return. Tax forms 1040 ez Local Life Insurance Associations A benevolent life insurance association or an organization seeking recognition of exemption on grounds of similarity to a benevolent life insurance association must submit evidence upon applying for recognition of exemption that it will be of a purely local character, that its excess funds will be refunded to members or retained in reasonable reserves to meet future losses and expenses, and that it meets the 85% income requirement. Tax forms 1040 ez If an organization issues policies for stipulated cash premiums, or if it requires advance deposits to cover the cost of the insurance and maintains investments from which more than 15% of its income is derived, it will not be entitled to exemption. Tax forms 1040 ez To establish that your organization is of a purely local character, it should show that its activities will be confined to a particular community, place, or district irrespective of political subdivisions. Tax forms 1040 ez If the activities of an organization are limited only by the borders of a state, it cannot be purely local in character. Tax forms 1040 ez A benevolent life insurance association that does not terminate membership when a member moves from the local area in which the association operates will qualify for exemption if it meets the other requirements. Tax forms 1040 ez A copy of each type of policy issued by your organization should be included with the application for recognition of exemption. Tax forms 1040 ez Organizations similar to local benevolent life insurance companies. Tax forms 1040 ez   These organizations include those that in addition to paying death benefits also provide for the payment of sick, accident, or health benefits. Tax forms 1040 ez However, an organization that pays only sick, accident, or health benefits, but not life insurance benefits, is not an organization similar to a benevolent life insurance association and should not apply for recognition of exemption as described in this section. Tax forms 1040 ez Burial and funeral benefit insurance organization. Tax forms 1040 ez   This type of organization can apply for recognition of exemption as an organization similar to a benevolent life insurance company if it establishes that the benefits are paid in cash and if it is not engaged directly in the manufacture of funeral supplies or the performance of funeral services. Tax forms 1040 ez An organization that provides its benefits in the form of supplies and service is not a life insurance company. Tax forms 1040 ez Such an organization can seek recognition of exemption from federal income tax, however, as a mutual insurance company other than life. Tax forms 1040 ez Mutual or Cooperative Associations Mutual ditch or irrigation companies, mutual or cooperative telephone companies, and like organizations need not establish that they are of a purely local character. Tax forms 1040 ez They can serve noncontiguous areas. Tax forms 1040 ez Like organization. Tax forms 1040 ez   A like organization is a cooperative or mutual organization that performs a service similar to mutual ditch, irrigation, telephone, or electric companies. Tax forms 1040 ez Examples include the following: cooperatives that provide protection of river banks to prevent erosion, water and sewer services, cable television, satellite, television, cellular phone services, two-way radio service, or natural gas services. Tax forms 1040 ez 501(c)(13) - Cemetery Companies If your organization wishes to obtain recognition of exemption from federal income tax as a cemetery company or a corporation chartered solely for the purpose of the disposal of human bodies by burial or cremation, it must file an application on Form 1024. Tax forms 1040 ez For the procedure to follow to file an application, see Application, Approval, and Appeal Procedures in chapter 1. Tax forms 1040 ez A nonprofit mutual cemetery company that seeks recognition of exemption should submit evidence with its application that it is owned and operated exclusively for the benefit of its lot owners who hold lots for bona fide burial purposes and not for purposes of resale. Tax forms 1040 ez A mutual cemetery company that also engages in charitable activities, such as the burial of paupers, will be regarded as operating within this standard. Tax forms 1040 ez The fact that a mutual cemetery company limits its membership to a particular class of individuals, such as members of a family, will not affect its status as mutual so long as all the other requirements of section 501(c)(13) are met. Tax forms 1040 ez If your organization is a nonprofit corporation chartered solely for the purpose of the disposal of human bodies by burial or cremation, you should show that it is not permitted by its charter to engage in any business not necessarily incident to that purpose. Tax forms 1040 ez Operating a mortuary is not permitted. Tax forms 1040 ez However, selling monuments, markers, vaults, and flowers solely for use in the cemetery is permitted if the profits from these sales are used to maintain the cemetery as a whole. Tax forms 1040 ez How income can be used. Tax forms 1040 ez   You should show that your organization's earnings are or will be used only in one or more of the following ways. Tax forms 1040 ez To pay the ordinary and necessary expenses of operating, maintaining, and improving the cemetery or crematorium. Tax forms 1040 ez To buy cemetery property. Tax forms 1040 ez To create a fund that will provide a source of income for the perpetual care of the cemetery or a reasonable reserve for any ordinary or necessary purpose. Tax forms 1040 ez No part of the net earnings of your organization can inure to the benefit of any private shareholder or individual. Tax forms 1040 ez Ordinary and necessary expenses in connection with the operation, management, maintenance, and improvement of the cemetery are permitted, as are reasonable fees for the services of a manager. Tax forms 1040 ez Buying cemetery property. Tax forms 1040 ez   Payments can be made to amortize debt incurred to buy land, but cannot be in the nature of profit distributions. Tax forms 1040 ez You must show the method used to finance the purchase of the cemetery property and that the purchase price of the land at the time of its sale to the cemetery was not unreasonable. Tax forms 1040 ez   Except for holders of preferred stock (discussed later), no person can have any interest in the net earnings of a tax-exempt cemetery company or crematorium. Tax forms 1040 ez Therefore, if property is transferred to the organization in exchange for an interest in the organization's net earnings, the organization will not