Guidance Under Section 6033 Regarding the Reporting Requirements of Exempt Organizations
| Citation | 85 FR 31959 |
| Record Number | 2020-11465 |
| Published date | 28 May 2020 |
| Section | Rules and Regulations |
| Court | Internal Revenue Service |
Federal Register, Volume 85 Issue 103 (Thursday, May 28, 2020)
[Federal Register Volume 85, Number 103 (Thursday, May 28, 2020)]
[Rules and Regulations]
[Pages 31959-31969]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11465]
[[Page 31959]]
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DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1 and 56
[TD 9898]
RIN 1545-BN28
Guidance Under Section 6033 Regarding the Reporting Requirements
of Exempt Organizations
AGENCY: Internal Revenue Service (IRS), Treasury.
ACTION: Final regulation.
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SUMMARY: This document contains final regulations updating information
reporting regulations under section 6033 that are generally applicable
to organizations exempt from tax under section 501(a) to reflect
statutory amendments and certain grants of reporting relief for tax-
exempt organizations required to file an annual Form 990 or 990-EZ
information return that have been made since the previous regulations
were adopted. The final regulations affect tax-exempt organizations.
DATES:
Effective date: The final regulations contained in this document
are effective on May 28, 2020.
Applicability date: For dates of applicability, see Sec. 1.6033-
2(l)(2).
FOR FURTHER INFORMATION CONTACT: Office of the Associate Chief Counsel
(Employee Benefits, Exempt Organizations, and Employment Taxes) at
(202) 317-3150 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
Subject to various exceptions, section 6033(a)(1) of the Internal
Revenue Code (Code) requires every organization exempt from taxation
under section 501(a) (tax-exempt organization) to file an annual
return, stating specifically the items of gross income, receipts, and
disbursements, and such other information for the purpose of carrying
out the internal revenue laws as the Secretary of the Treasury or his
delegate (Secretary) may by forms or regulations prescribe, and keep
such records, render under oath such statements, make such other
returns, and comply with such rules and regulations as the Secretary
may from time to time prescribe. This requirement also applies to
certain political organizations described in section 527(e)(1) (section
527 organizations). The annual information returns required under
section 6033 are Forms 990, ``Return of Organization Exempt From Income
Tax;'' 990-EZ, ``Short Form Return of Organization Exempt From Income
Tax;'' 990-PF, ``Return of Private Foundation;'' and 990-BL,
``Information and Initial Excise Tax Return for Black Lung Benefit
Trusts and Certain Related Persons.'' Annual returns filed by tax-
exempt organizations, section 527 organizations, nonexempt private
foundations described in section 6033(d), and section 4947(a)(1) trusts
(which are both treated as organizations described in section 501(c)(3)
for this purpose) are information returns intended to help ensure that
the filing organizations comply with applicable federal tax laws. Most
information on these annual returns is available for public inspection
under section 6104.
Section 6033(a)(3) provides a list of organizations that are
excepted from the filing requirements imposed under section 6033(a)(1).
Specifically, section 6033(a)(3)(A)(ii) provides that section
6033(a)(1) shall not apply to any organization (other than a private
foundation) that is described in section 6033(a)(3)(C) whose gross
receipts are not normally more than $5,000 annually. The list of
organizations provided in section 6033(a)(3)(C) includes certain
fraternal beneficiary societies, orders or associations described in
section 501(c)(8); certain organizations described in section 501(c)(3)
(such as religious organizations and educational organizations
described in section 170(b)(1)(A)(ii)); and organizations described in
section 501(c)(1) that are corporations wholly owned by the United
States or any agency or instrumentality thereof or wholly-owned
subsidiaries of such corporations.
Section 6033(a)(3)(B) provides discretionary authority to the
Secretary to relieve any organization required to file under section
6033(a)(1) (other than supporting organizations described in section
509(a)(3)) from filing an information return where he determines that
such filing is ``not necessary to the efficient administration of the
internal revenue laws.''
Section 6033(b) provides a list of items that are generally
required to be furnished annually by organizations described in section
501(c)(3), ``at such time and in such manner as the Secretary may by
forms or regulations prescribe.'' The statutory list of items generally
required to be furnished annually has been amended by Congress from
time to time to account for additional requirements of organizations
described in section 501(c)(3). For example, section 6033(b) was
updated by the Taxpayer Bill of Rights 2, Public Law 104-168, in 1996
to include items in sections 6033(b)(10) (relating to taxes imposed on
certain lobbying and political expenditures by organizations described
in section 501(c)(3)) and 6033(b)(11) (relating to taxes imposed with
respect to an organization, an organization manager, or any
disqualified person under section 4958).
Section 6033(g) provides that a section 527 organization that has
gross receipts of $25,000 or more for a taxable year \1\ shall file an
annual return containing the information required by section 6033(a)(1)
for organizations exempt from taxation under section 501(a). The
statute authorizes the Secretary to modify the information required to
be reported to require only information that is necessary for purposes
of carrying out section 527 and such other information as the Secretary
deems necessary to carry out the provisions of section 6033(g).
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\1\ In the case of a qualified State or local political
organization described in section 527(e)(5), $25,000 is replaced by
$100,000.
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Section 6033(h) provides additional reporting requirements for
controlling organizations, within the meaning of section 512(b)(13).
Section 6033(h) requires controlling organizations to include on their
returns any (1) interest, annuities, royalties, or rents received from
each controlled entity (within the meaning of section 512(b)(13)), (2)
any loans made to each such controlled entity, and (3) any transfers of
funds between such controlling organization and each such controlled
entity.
Section 6033(k) provides additional reporting requirements for
sponsoring organizations described in section 4966(d)(1). Section
6033(k) requires each such organization to report on its annual return
(1) the total number of donor advised funds (as defined in section
4966(d)(2)) it owns at the end of such taxable year, (2) the aggregate
value of assets held in such funds at the end of such taxable year, and
(3) the aggregate contributions to and grants made from such funds
during such taxable year.
Section 6033(l) provides additional reporting requirements for
supporting organizations described in section 509(a)(3). Section
6033(l) requires each supporting organization to report on its annual
return: (1) The supported organizations (as defined in section
509(f)(3)) with respect to which such organization provides support;
(2) whether the organization meets the requirements of clause (i),
(ii), or (iii) of section 509(a)(3)(B); and (3) a
[[Page 31960]]
certification that the organization meets the requirements of section
509(a)(3)(C).
The general rule regarding confidentiality of returns is found in
section 6103, which provides that returns and return information shall
be confidential, and, except as authorized by the Code, no person
having access to this information shall disclose any return or return
information obtained by that person in any manner.
Section 6104 provides an exception to the general rule regarding
confidentiality of returns. In general, under section 6104(b), the
Secretary must make the annual returns filed under section 6033
available to the public. However, section 6104(b) does not authorize
the Secretary to disclose to the public the name or address of any
contributor to any tax-exempt organization except a private foundation
(as defined in section 509(a), including a trust described in section
4947(a)(1) that is treated as a private foundation) or a section 527
organization. Section 301.6104(b)-1(b)(2) provides that although the
names and addresses are not to be disclosed, the amounts of
contributions to an organization shall be made available for public
inspection unless the disclosure of such information can reasonably be
expected to identify any contributor.
In addition to the required disclosure of annual returns by the
Secretary, section 6104(d) and Sec. 301.6104(d)-1 require certain tax-
exempt organizations to provide their annual information returns to a
member of the public upon request. Similar to the restrictions on
disclosing contributor information placed on the Secretary by section
6104(b), section 6104(d)(3)(A) provides that an organization, other
than a private foundation or a section 527 organization, is not
required to disclose the names and addresses of its contributors.
The Treasury Regulations in effect prior to this Treasury Decision
(prior regulations), which remain largely unchanged, reflected many of
the statutory requirements of section 6033. Consistent with section
6033(a)(1), Sec. 1.6033-2(a)(1) of the regulations provides that
``except as provided in section 6033(a)(3) and paragraph (g) [of Sec.
1.6033-2], every organization exempt from taxation under section 501(a)
shall file an annual information return specifically setting forth its
items of gross income, gross receipts and disbursements, and such other
information as may be prescribed in the instructions, issued with
respect to the return.''
Although the information to be reported for any particular tax year
is set forth in the forms and instructions for each such year, Sec.
1.6033-2(a)(2)(ii) of the regulations also provides a list of
``information generally required to be furnished by an organization
exempt under section 501(a)'' on the annual return, which generally
tracks section 6033(b).\2\ However, the list in the prior regulations
had not been updated to reflect certain information that the statute
generally requires to be reported because the statute had been amended
following the original issuance of the regulations. Specifically, items
in sections 6033(b)(10) (relating to taxes imposed on certain lobbying
and political expenditures by organizations described in section
501(c)(3)) and 6033(b)(11) (relating to taxes imposed with respect to
an organization, an organization manager, or any disqualified person
under section 4958) were not reflected in the prior regulations.
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\2\ The list in the regulations includes, but is not limited to,
gross income for the year; dues and assessments from members and
affiliates for the year; expenses incurred within the year
attributable to gross income; disbursements (including prior years'
accumulations) made within the year for the purposes for which it is
exempt; a balance sheet showing its assets, liabilities, and net
worth as of the beginning and end of such year; the total of the
contributions, gifts, grants and similar amounts received by it
during the taxable year; the names and addresses of all officers,
directors, or trustees (or any person having responsibilities or
powers similar to those of officers, directors or trustees) of the
organization; and certain compensation and payment information. See
Sec. 1.6033-2(a)(2)(ii).
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Two provisions of the prior regulations expanded upon the statute
with regard to the reporting of certain contributor information. First,
section 6033(b)(5) requires organizations described in section
501(c)(3) generally to provide on the annual information return filed
with the IRS the names and addresses of persons who contribute $5,000
or more during the taxable year. Section 1.6033-2(a)(2)(ii)(F) of the
prior regulations had extended this requirement beyond section
501(c)(3) organizations to all organizations exempt from taxation under
section 501(a). Second, Sec. 1.6033-2(a)(2)(iii)(D) of the prior
regulations provided that organizations described in section 501(c)(7)
(social clubs), section 501(c)(8) (fraternal beneficiary societies), or
section 501(c)(10) (domestic fraternal societies) generally must report
the name of each person who contributes more than $1,000 to be used
exclusively for religious, charitable, scientific, literary, or
educational purposes, or for the prevention of cruelty to children or
animals.
Incorporating the statutory filing exceptions of section
6033(a)(3), Sec. 1.6033-2(g)(1) provides a list of organizations that
are not required to file an annual return under section 6033(a)(1).
Within that list, Sec. 1.6033-2(g)(1)(iii) previously provided that
certain specified organizations described in section 6033(a)(3)(C)
whose gross receipts are generally not more than $5,000 annually are
not required to file the return required under section 6033(a)(1).
Further, Sec. 1.6033-2(g)(6) provides that the Commissioner may
relieve any organization or class of organizations (other than a
supporting organization described in section 509(a)(3)) from filing, in
whole or in part, the annual return required under section 6033 if the
Commissioner ``determines that such returns are not necessary for the
efficient administration of the internal revenue laws.''
Accordingly, other than with regard to supporting organizations,
section 6033 and the regulations under section 6033 provide the
Commissioner with broad discretionary authority to determine what
information must be reported and to grant relief, in whole or in part,
from the annual filing requirements of tax-exempt organizations if the
Commissioner determines that the information is not necessary for the
efficient administration of the internal revenue laws.
For decades, the Commissioner has exercised discretion under
section 6033(a)(3)(B) and Sec. 1.6033-2(g)(6) to relieve organizations
of filing requirements under section 6033 through subregulatory
guidance such as revenue procedures and annual information return
instructions including, for example, Rev. Proc. 95-48, 1995-2 C.B. 418,
which grants reporting relief for governmental units and affiliates of
governmental units, and Rev. Proc. 96-10, 1996-1 C.B. 577, which
relieves from a filing requirement under section 6033(a) certain
organizations that are operated, controlled, or supervised by one or
more churches, integrated auxiliaries, or conventions or associations
of churches. (Both revenue procedures are discussed further in Part VI
of the Summary of Comments and Explanation of Provisions section of
this preamble.) Revenue Procedure 83-23, 1983-1 C.B. 687, represents
another exercise of this discretion. In that revenue procedure, the
Department of the Treasury (Treasury Department) and the IRS increased
to $25,000 the minimum amount of gross receipts normally required to be
received in a year by an organization exempt under section 501(a) to
trigger a filing requirement under section 6033(a). That revenue
procedure also expanded the group of
[[Page 31961]]
tax-exempt organizations not required to file an annual information
return due to a gross receipts threshold beyond those listed in section
6033(a)(3)(C). Revenue Procedure 2011-15, 2011-3 I.R.B. 322, further
increased this gross receipts threshold amount to $50,000 for most
organizations exempt under section 501(a).\3\ Revenue Procedure 2011-15
also relieved most foreign organizations and organizations formed in a
United States possession from a filing requirement under section
6033(a) if their gross receipts from sources within the United States
do not exceed the $50,000 threshold and if they have no significant
activity (including lobbying and political activity and the operation
of a trade or business, but excluding investment activity) in the
United States.
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\3\ An organization that is not required to file an annual
return by virtue of Rev. Proc. 2011-15 must submit a Form 990-N e-
Postcard annually in electronic format as described in section
6033(i)(1). Rev. Proc. 2011-15, section 3.03.
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Similarly, consistent with past exercises of authority under
section 6033 and the prior regulations, the Treasury Department and the
IRS issued Rev. Proc. 2018-38, 2018-31 I.R.B. 280, granting tax-exempt
organizations required to file the Form 990 or Form 990-EZ, other than
organizations described in section 501(c)(3), relief from reporting the
names and addresses of contributors on Schedules B, ``Schedule of
Contributors,'' filed with Form 990 or 990-EZ (or completing the
similar portions of Part IV of the Form 990-BL). Revenue Procedure
2018-38 also provided that organizations described in sections
501(c)(7), (8), or (10) need not provide the names and addresses of
persons who contributed more than $1,000 during the taxable year to be
used for exclusively charitable purposes on their annual information
returns required under section 6033. Revenue Procedure 2018-38 did not
affect the information required to be reported on Forms 990, 990-EZ, or
990-PF by organizations described in section 501(c)(3) (which for
purposes of section 6033 include nonexempt charitable trusts described
in section 4947(a)(1) and nonexempt private foundations described in
section 6033(d)) or section 527 organizations.
On July 30, 2019, the United States District Court for the District
of Montana set aside Rev. Proc. 2018-38 on procedural grounds because,
in the court's view, the notice and comment procedures of the
Administrative Procedure Act applied and Rev. Proc. 2018-38 had not
been subject to such notice and comment. See Bullock, et al. v. IRS,
401 F.Supp.3d 1144 (D. Mont. Jul. 30, 2019). However, the court
emphasized that its ruling did not implicate the merits of the revenue
procedure and that ``the substance'' of the Commissioner's ultimate
decision on reporting the names and addresses of contributors ``remains
subject to the Commissioner's discretion.'' Id. at 1154, 1159.
On September 10, 2019, the Treasury Department and the IRS
published a notice of proposed rulemaking (REG-102508-16) in the
Federal Register (84 FR 47447) containing proposed regulations under
section 6033 (2019 proposed regulations). The Treasury Department and
the IRS received 8,387 written and electronic comments responding to
the 2019 proposed regulations. Comments are available at
www.regulations.gov or upon request. A public hearing on the 2019
proposed regulations was held on February 7, 2020.
After consideration of all comments received on the 2019 proposed
regulations and the testimony presented at the public hearing, this
Treasury Decision adopts the proposed regulations with minor
modifications, as described in the Summary of Comments and Explanation
of Provisions.
Summary of Comments and Explanation of Provisions
I. Overview
The 2019 proposed regulations proposed to modify the regulations
under section 6033 to align them with certain statutory amendments to
section 6033 that had not previously been reflected in the regulations,
and to update them to encompass certain instances in which the
Commissioner has previously exercised discretion under the statute and
regulations to relieve organizations, in whole or in part, from the
filing requirements set forth in section 6033 or in the regulations
issued under section 6033.
Specifically, the proposed changes included the following: (1)
Adding items listed in section 6033(b)(10) and (11), as applicable, to
the list of items generally required to be reported and adding other
statutory reporting requirements for controlling organizations,
sponsoring organizations, and supporting organizations; (2) amending
the gross receipts threshold (with an additional requirement for
foreign organizations and United States possession organizations) that
triggers a filing requirement under section 6033 for tax-exempt
organizations (other than private foundations and supporting
organizations); (3) clarifying that section 527 organizations with
gross receipts greater than $25,000 generally are subject to the
reporting requirements under section 6033(a)(1) as if they were exempt
from taxes under section 501(a); and (4) specifying that only
organizations described in section 501(c)(3) and section 527
organizations generally would continue to be required to provide names
and addresses of contributors on their Forms 990, Forms 990-EZ, and
Forms 990-PF.
The following sections address these proposed changes in more
detail, summarize the comments received on the proposed changes,
provide the responses of the Treasury Department and the IRS to the
comments, and describe the final regulation adopted in this Treasury
Decision.
II. Items Required in Annual Information Returns
In the 2019 proposed regulations, the Treasury Department and the
IRS proposed to amend Sec. 1.6033-2(a)(2)(ii) by adding two new
provisions to reflect information to be furnished annually that had
been added to section 6033(b) but that had not yet been added to the
list in the regulations of items generally required to be reported on
an organization's annual information return. These items of information
are listed in section 6033(b)(10) (relating to taxes imposed on certain
lobbying and political expenditures by organizations described in
section 501(c)(3)) and 6033(b)(11) (relating to taxes imposed with
respect to an organization, an organization manager, or any
disqualified person on any excess benefit transaction under section
4958). In addition, a cross-reference to Sec. 1.6033-2(a)(1) was
proposed to be added to the introductory sentence of Sec. 1.6033-
2(a)(2)(ii).
The Treasury Department and the IRS also proposed to incorporate
into the regulations the statutory reporting requirements found in
section 6033(h) for controlling organizations (as defined in section
512(b)(13)), section 6033(k) for sponsoring organizations (as defined
in section 4966(d)(1)), and section 6033(l) for supporting
organizations (as defined in section 509(a)(3)).
The Treasury Department and the IRS did not receive any comments on
these additions to Sec. 1.6033-2. This Treasury Decision adopts these
provisions from the 2019 proposed regulations without change.
III. Gross Receipts Filing Threshold
Consistent with the discretionary authority granted by section
6033(a)(1)(B), the Treasury Department and the IRS previously
determined that the efficient administration of the tax
[[Page 31962]]
laws does not require the filing of returns by organizations that are
exempt under section 501(a) (other than private foundations and
supporting organizations) that normally have less than $50,000 in gross
receipts annually, except for foreign organizations and organizations
formed in a United States possession that have significant activity
(including lobbying and political activity and the operation of a trade
or business, but excluding investment activity) in the United States.
See Rev. Proc. 2011-15. In the 2019 proposed regulations, the Treasury
Department and the IRS proposed to amend Sec. 1.6033-2(g)(1)(iii) to
reflect the $50,000 gross receipts filing threshold currently in
effect, rather than the $5,000 gross receipts threshold found in
section 6033(a)(3)(A)(ii), and the application of the $50,000 threshold
to organizations other than those listed in section 6033(a)(3)(C).
The Treasury Department and the IRS received two comments
expressing support for amending the regulations to reflect the $50,000
threshold and one comment stating, without explaining why, that
organizations with annual gross receipts normally not more than $50,000
but more than $25,000 ought to be required to file a return. As
discussed earlier in this section III, the Treasury Department and the
IRS increased the filing threshold from $25,000 to $50,000 in 2011
based on a consideration of the needs of tax administration. The
Treasury Department and the IRS continue to consider the $50,000
threshold to strike an appropriate balance between the efficient use of
resources for both tax-exempt organizations and the IRS, and ensuring
compliance with the tax laws by tax-exempt organizations. Organizations
with gross receipts below the threshold must continue to file Form 990-
N under section 6033(i).
Accordingly, the final regulations provide that the gross receipts
threshold for all organizations (other than private foundations and
supporting organizations) formed in the United States is $50,000. The
final regulations also incorporate the previously granted relief from
the filing requirement under section 6033(a) for foreign organizations
and organizations formed in a United States possession (other than
private foundations and supporting organizations) that is reflected in
Rev. Proc. 2011-15.
In the 2019 proposed regulations, the Treasury Department and the
IRS also proposed to amend Sec. 1.6033-2(g)(6) to clarify that the
Commissioner has authority to provide further relief (including
possible further increases in filing thresholds) through forms,
instructions to forms, or guidance published in the Internal Revenue
Bulletin. The Treasury Department and the IRS did not receive any
comments on this proposed clarification, and the final regulations
incorporate the language as proposed.
IV. Clarifying the Treatment of Section 527 Organizations
In the 2019 proposed regulations, the Treasury Department and the
IRS proposed to add Sec. 1.6033-2(a)(5) to state the current
requirement that section 527 organizations, subject to the filing
exceptions provided by section 6033(g)(3) or as permitted under section
6033(g)(4), follow the reporting requirements under section 6033(a)(1)
in the same manner as tax-exempt organizations, except to the extent
that the Commissioner revises those requirements as appropriate to
carry out the purposes of section 527. Proposed Sec. 1.6033-2(a)(5)
would also state the current requirement that section 527
organizations, like organizations described in section 501(c)(3), must
continue to report the names and addresses of certain contributors on
the section 527 organizations' annual Forms 990 or Forms 990-EZ.
The Treasury Department and the IRS did not receive comments on
this clarification of the treatment of section 527 organizations in
Sec. 1.6033-2(a)(5). This Treasury Decision adopts these provisions
from the 2019 proposed regulations without change.
The Treasury Department and the IRS received one comment requesting
that all qualified state and local political organizations described in
section 527(e)(5) be exempted from annual filing requirements. Section
6033(g)(1) generally requires a section 527 organization to file an
annual information return if it has annual gross receipts of $25,000 or
more for the taxable year (subject to mandatory exceptions in section
6033(g)(3)) but provides a higher threshold of $100,000 or more of
gross receipts for qualified state and local political organizations.
Under section 6033(g)(4), the Secretary has discretionary authority to
relieve any section 527 organization from filing an information return
if the Secretary determines that such filing is ``not necessary to the
efficient administration of the internal revenue laws.'' Because the
filing threshold for qualified state and local political organizations
under section 6033(g)(1) already is higher than the threshold that
applies to organizations exempt from tax under section 501(a), the
Treasury Department and the IRS do not adopt this suggestion.
V. Reporting of Names and Addresses of Contributors
As stated in the 2019 proposed regulations, section 6033 does not
specify that the names and addresses of contributors to tax-exempt
organizations, other than those described in section 501(c)(3), be
reported on annual information returns. Consistent with the Secretary's
broad discretion under section 6033(a) to set forth information
reporting requirements ``for the purpose of carrying out the internal
revenue laws . . . by forms or regulations,'' Sec. 1.6033-2(a)(2)(ii)
lists items that are generally required to be included in the annual
filings of organizations exempt under section 501(a). In the 2019
proposed regulations, the Treasury Department and the IRS proposed to
amend the regulations to specify that the need to provide the names and
addresses of substantial contributors will generally apply only to tax-
exempt organizations described in section 501(c)(3), and to remove
reference to the provision of names of certain contributors to
organizations described in sections 501(c)(7), (8), and (10). The
proposed regulations did not alter the existing requirement contained
in Schedule B of the Form 990 and 990-EZ for tax-exempt organizations
to report annually the amounts of contributions from each substantial
contributor, or the existing requirement to maintain the names and
addresses of substantial contributors should the IRS need this
information on a case-by-case basis.
In proposing to exercise this discretion, the Treasury Department
and the IRS sought to balance the IRS's need for the information for
tax administration purposes against the costs and risks associated with
reporting of the information.
The majority of the comments the Treasury Department and the IRS
received in response to the 2019 proposed regulations concerned the
general requirement for reporting of names and addresses of substantial
contributors.\4\ This information is reported on Schedule B, ``Schedule
of Contributors,'' to Forms 990, 990-EZ, or
[[Page 31963]]
990-PF. The next several sections of this preamble summarize and
respond to those comments.
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\4\ No comments were received specifically addressing the
removal of the requirement to provide the names of certain
contributors to organizations described in sections 501(c)(7), (8),
and (10). However, most comments did not distinguish between types
of tax-exempt organizations affected by the proposed changes, and
some of the issues discussed are applicable to the specific change
to reporting requirements of organizations described in sections
501(c)(7), (8), and (10).
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a. IRS Need for Annual Reporting of Names and Addresses of Substantial
Contributors for Tax Administration Purposes
Some commenters favoring the proposed changes stated that the IRS
does not need the names and addresses of substantial contributors to
tax-exempt organizations to which the relief extends to be reported
annually, and expected that other information contained in Forms 990 or
990-EZ would be adequate for administration of the Code. Commenters
favoring the proposed changes also noted that the names and addresses
are still required to be maintained and the IRS can obtain that
information on examination. These commenters asserted that such an
approach is more appropriately tailored to the IRS's need for the
information than a blanket reporting requirement.
Several other commenters opposing the proposed changes asserted
instead that the IRS would not be as efficient in enforcing federal tax
laws without direct access to the names and addresses of substantial
contributors to the tax-exempt organizations affected by the proposed
rule. These commenters asserted that information contained elsewhere in
Forms 990 and 990-EZ were not adequate substitutes for information
contained in Schedule B for purposes of evaluating private benefit or
enforcing political activity limits on organizations described in
section 501(c)(4). Some commenters also asserted that obtaining
contributor names and addresses on examination was not a sufficient
substitute for having the information on hand for the following
reasons. Some commenters suggested that requesting the information on
examination could be a ``tip-off'' to the organization that it is under
additional scrutiny, leading the organization to hide assets and
destroy or falsify evidence. Some commenters suggested that Schedule B
contains information that helps the IRS initially determine whether or
not it should conduct an examination. And some commenters suggested
that requesting information on an ad hoc basis is not efficient for the
IRS or affected tax-exempt organizations.
The concerns expressed by commenters opposing the proposed changes
are misplaced. As explained in the preamble to the 2019 proposed
regulations, the IRS does not need the names and addresses of
substantial contributors to tax-exempt organizations not described in
section 501(c)(3) to be reported annually on Schedule B of Form 990 or
Form 990-EZ in order to administer the internal revenue laws. For the
specific purpose of evaluating possible private benefit or inurement or
other potential issues relating to qualification for exemption, the IRS
can obtain sufficient information from other elements of the Form 990
or Form 990-EZ and can obtain the names and addresses of substantial
contributors, along with other information, upon examination, as
needed. In light of the inefficiencies involved in collecting,
maintaining, and redacting this information if it were reported
annually, the Treasury Department and the IRS do not agree with
comments suggesting that requiring affected tax-exempt organizations to
provide name and address information of substantial contributors upon
examination is less efficient for the IRS and affected tax-exempt
organizations. Moreover, as noted in the proposed regulations, the
primary utility of the names and addresses of substantial contributors
arises during the examination process. While some commenters suggested
that such information could be used before an examination to determine
whether an examination is warranted, the IRS takes various factors into
account when deciding whether to select a case for examination, and the
IRS's process for selection would not be affected by this change. Since
examinations are initiated by prescribed correspondence, the taxpayer
will already know of the IRS's compliance interest before receiving the
request for the particular information.
Therefore, the Treasury Department and the IRS have determined that
the annual collection of the names and addresses of substantial
contributors to tax-exempt organizations, other than organizations
described in section 501(c)(3), is not necessary for the efficient
administration of the internal revenue laws. Instead, requiring all
tax-exempt organizations to report the amounts of contributions from
each substantial contributor on the Schedule B of the Form 990 and 990-
EZ, as well as requiring them to maintain the names and addresses of
substantial contributors should the IRS need this information on a
case-by-case basis, is sufficient for the efficient administration of
the Code.
b. Privacy and Risk of Disclosure
Commenters supporting the proposed changes relating to the
furnishing of certain contributors' names and addresses expressed
general concerns about the privacy of contributors to tax-exempt
organizations. While the IRS is statutorily required to maintain the
confidentiality of contributor names and addresses pursuant to section
6104(b), some commenters expressed concern that such information may
accidentally be disclosed or that IRS systems could be breached. Some
commenters also discussed the risk of disclosure by state authorities
to the extent contributor names and addresses are shared by the IRS
with an appropriate state officer consistent with section 6104(c). A
few commenters also expressed concern that politically or ideologically
motivated IRS employees could leak contributor names and addresses or
select certain contributors for additional tax scrutiny. In contrast,
however, some commenters, who opposed the proposed changes eliminating
the requirement to report certain contributor names and addresses,
asserted that the risk of disclosure is insubstantial.
The IRS takes seriously its duty to protect confidential
information as required by section 6103 and to enforce the internal
revenue laws with integrity and fairness to all. However, reporting the
names and addresses of substantial contributors on an annual basis
poses a risk of inadvertent disclosure of information that is not open
to public inspection because information on Schedule B generally must
be redacted from an otherwise disclosable information return. The IRS
has experienced incidents of inadvertent disclosure and has taken other
steps to reduce future occurrences of such disclosures. By removing the
general requirement to report names and addresses of substantial
contributors to tax-exempt organizations not described in section
501(c)(3), the final regulations further reduce the risk of inadvertent
disclosure of names and addresses of contributors for such
organizations. Without a tax administration need to collect this
information on an annual basis, the Treasury Department and the IRS
have determined this change in affected tax-exempt organizations'
reporting obligations furthers the steps already taken to protect
confidential taxpayer information.
c. Harassment of Contributors and Related Constitutional Concerns
Commenters supporting the proposed change also discussed, often in
connection with the risk-of-disclosure issue, the concern that
supporters of certain causes or organizations face possible reprisals
(such as harassment, threats of violence, or economic retribution) if
their status as contributors is revealed publicly. Additional
commenters discussed the concern that fear of exposure and fear of
reprisal may have a ``chilling effect,''
[[Page 31964]]
discouraging or deterring potential contributors from giving to certain
tax-exempt organizations and reducing public participation in
organizations benefiting social welfare. Many of these commenters
believed this ``chilling effect'' implicates constitutional rights such
as freedom of speech and freedom of association.
Other commenters opposing the proposed change asserted that
requiring reporting to the IRS of substantial contributors' names and
addresses is constitutional, citing federal appellate court decisions
upholding state laws requiring that charitable organizations provide
state regulators with copies of unredacted Schedules B.\5\
---------------------------------------------------------------------------
\5\ Citizens United v. Schneiderman, 882 F.3d 374 (2d Cir.
2018); Center for Competitive Politics v. Harris, 784 F.3d 1307 (9th
Cir. 2015).
---------------------------------------------------------------------------
The Treasury Department and the IRS note that the names and
addresses of substantial contributors provided to the IRS are generally
required to be kept confidential in accordance with section 6103. By
removing the general requirement to report annually names and addresses
of substantial contributors to organizations exempt under section
501(a) but not described in section 501(c)(3), the final regulations
reduce the risk of inadvertent disclosure of names and addresses of
contributors for such organizations and thereby address concerns
expressed by some commenters regarding potential adverse consequences
of any such public disclosures.
d. Compliance Burden on Affected Tax-Exempt Organizations and
Associated Costs on the IRS
Some commenters supporting the proposed changes to the general
requirement to report names and addresses of substantial contributors
mentioned an expectation that the changes would reduce the compliance
burden on affected tax-exempt organizations, allowing such
organizations to spend more time and resources on their missions.
Commenters also expressed an expectation that the proposed changes
would reduce the burden on the IRS associated with the redaction of
information as required by section 6104(b).
Other commenters opposed the proposed changes regarding the general
requirement to report names and addresses of substantial contributors,
stating that both the compliance costs associated with reporting
contributor names and addresses and the IRS burden associated with
redacting such information are insubstantial. Some commenters further
argued that the proposed changes would lead to an increase in
compliance costs for tax-exempt organizations as individual states, no
longer able to rely on Schedule B information obtained from the IRS,
would develop their own disparate reporting requirements.
The Treasury Department and the IRS agree with certain commenters
that limiting the general requirement to report names and addresses of
substantial contributors will reduce costs with respect to federal tax
compliance. While it is true that all tax-exempt organizations will
continue to be required to maintain records regarding their substantial
contributors, removing the annual reporting requirement will lessen
their overall compliance burden. In addition, this change will obviate
the need for an affected tax-exempt organization to redact name and
address information if the tax-exempt organization must provide its
Schedule B to a member of the public if requested under section
6104(b). Particularly for smaller tax-exempt organizations with limited
resources, few dedicated staff, and less access to advisors regarding
the rules governing tax-exempt organizations eliminating this
requirement will be beneficial.
Without a tax administration need for annually reporting name and
address information, the Treasury Department and the IRS determined
that it is valuable to save tax-exempt organizations the administrative
burdens of reporting and redacting it. While some commenters have
suggested that some states may choose to impose their own reporting
requirements, thereby increasing the compliance burden on tax-exempt
organizations, the Treasury Department and the IRS expect that each
state can determine the appropriateness of the burdens it may impose in
light of its own tax administration needs.
Similarly, the potential burden on the IRS associated with
redacting Schedule B information is lessened when fewer organizations
are required to report names and addresses on Schedule B. This
reduction in burden, when combined with the lack of tax administration
need discussed earlier in this preamble, supports specifying that the
need to provide the names and addresses of substantial contributors
will generally apply only to organizations described in section
501(c)(3), as provided in the statute.
e. Extension of Relief to Organizations Described in Section 501(c)(3)
A few commenters supported the proposed changes, but also requested
that the Treasury Department and the IRS extend the relief from
reporting the names and addresses of substantial contributors to
organizations described in section 501(c)(3). One commenter asserted
that the IRS had exceeded its statutory authority by requiring the
reporting of the names and addresses of substantial contributors to
organizations described in section 501(c)(3) (other than private
foundations). That commenter contends that the Secretary only has the
authority to request the names and addresses of substantial
contributors as that term is defined in section 507(d)(2). This
definition, according to the commenter, would limit the existence of
substantial contributors solely to contributors to private foundations
and would require that a contributor have provided more than two
percent of the total contributions to the organization over its
lifetime.
The Treasury Department and the IRS do not agree with this
interpretation of section 6033(b). Section 507(d)(2) specifically
limits the application of the definition of ``substantial contributor''
found therein to section 507(d)(1). Section 6033 does not incorporate
the definition of substantial contributor found in section 507(d)(2)
and provides the Secretary with broad discretion to prescribe
information to be collected on an annual return that is necessary for
carrying out the purposes of the Code. Accordingly, consistent with
section 6033(b), the Treasury Department and the IRS have the authority
to continue to require that organizations described in section
501(c)(3) report the names and addresses of substantial contributors on
Schedule B. The Treasury Department and the IRS decline to extend the
relief from reporting names and addresses of substantial contributors
to organizations described in section 501(c)(3) in this final
regulation.
f. Campaign Finance Enforcement
Commenters opposing the proposed changes to the general requirement
to report names and addresses of substantial contributors commonly
invoked concerns about the use of tax-exempt entities, including by
special interests, to anonymously influence elections and enable
improper interference in U.S. elections. Commenters asserted that the
proposed changes would lead to an increase in the flow of money into
U.S. elections
[[Page 31965]]
through organizations described in sections 501(c)(4) and (6). Several
commenters also suggested that the changes would make it more difficult
to detect foreign spending or federal contractor spending on U.S.
elections in violation of federal campaign finance laws. One commenter
discussed 52 U.S.C. 30111(f), asserting that Congress had directed the
IRS to ``consult and work with'' the Federal Election Commission (FEC)
on rulemakings regarding campaign finance matters.
Other commenters supporting the proposed changes stated that there
are other, better measures in place to track foreign spending on U.S.
elections than Schedule B and that it is unlikely that contributors who
are intending to violate campaign finance laws will use foreign
addresses or otherwise make clear their violation in a manner subject
to reporting to the IRS on Schedule B. Commenters also stated that the
IRS generally cannot share Schedule B information with the agencies
charged with enforcing campaign finance laws.
As stated in the preamble to the 2019 proposed regulations, the
Treasury Department and the IRS reiterate that Congress has not
authorized the IRS to enforce campaign finance laws. Schedule B
reflects the enforcement needs related to the Code, not the campaign
finance laws. Furthermore, section 6103 generally prohibits the IRS
from disclosing any names and addresses of organizations' substantial
contributors to federal agencies for non-tax investigations, including
campaign finance matters, except in narrowly prescribed
circumstances.\6\
---------------------------------------------------------------------------
\6\ The confidentiality and disclosure of tax returns and return
information in both tax and non-tax investigations is governed by
section 6103. Section 6103 contains several provisions authorizing
the disclosure of returns and return information to Federal law
enforcement agencies under prescribed circumstances after meeting
specified procedural requirements. For example, these include
disclosures to DOJ for the investigation and prosecution of non-tax
Federal crimes via an ex parte court order or via a request from the
highest ranking official of a Federal agency or the highest
officials within DOJ and in the course of an investigation after
referral to and approval by DOJ as a Grand Jury Tax Investigation.
In the context of states, sections 6103 and 6104 authorize
disclosure of certain returns and return information to the states
for specified purposes. Generally, section 6103(d) authorizes
disclosure to state tax agencies for state tax administration
purposes only, while section 6104(c) permits disclosure of return
information, in the case of organizations other than those described
in section 501(c)(1) or (3), to an appropriate state officer to the
extent necessary in administering state laws relating to the
solicitation or administration of charitable funds or charitable
assets of such organizations, if certain requirements are met. Some
states may also independently obtain contributor information from
the organizations.
---------------------------------------------------------------------------
With regard to coordination with the FEC, section 30111(f) of title
52 does not require the IRS to consult with the FEC on regulations
issued by the IRS under the Code. Instead, section 30111 of title 52
authorizes the FEC to prescribe rules, regulations, and forms to carry
out the provisions of the Federal Election Campaign Act and requires
the FEC to consult with the IRS when ``prescribing such rules under
this section.'' This final regulation is prescribed by the IRS, not by
the FEC; and, it is prescribed under section 7805 of title 26, not
section 30111 of title 52.
Finally, the Treasury Department and the IRS note that the change
in reporting of the names and addresses of substantial contributors
will have no effect on information currently available to the public.
Sections 6103 and 6104 prohibit the IRS from publicly disclosing the
names and addresses of contributors to tax-exempt organizations (other
than private foundations). With respect to such tax-exempt
organizations, any names and addresses of substantial contributors on
Schedule B are not made public and disclosure restrictions generally
prohibit making such information available for use by other agencies
for their enforcement purposes.\7\
---------------------------------------------------------------------------
\7\ See note 6.
---------------------------------------------------------------------------
g. Impact on States
Some commenters opposing the proposed changes discussed the impact
on the state taxing and other authorities that may use Schedule B
information shared by the IRS pursuant to sections 6103(d) or
6104(c).\8\ In these comments, which included a comment from the
attorneys general of nineteen states \9\ and the District of Columbia,
commenters discussed the states' use of Schedule B information for
purposes related to state tax administration, enforcement of state-
level campaign finance law, and enforcement of state-level consumer
protection law. Commenters claimed that no longer receiving Schedule B
information from the IRS would require a reorientation of processes
that would cost the states time and money. A few commenters also
referenced a history of cooperation between the IRS and state tax
regulators in this area.
---------------------------------------------------------------------------
\8\ Note that some commenters are unclear as to how the states
obtained the Schedule B information. Information that a state
obtains directly from a tax-exempt organization as part of its state
filing is not information disclosed by the IRS under either section
6103 or section 6104.
\9\ The nineteen attorneys general represented the states of New
Jersey, New York, California, Connecticut, Colorado, Delaware,
Hawaii, Illinois, Iowa, Maine, Maryland, Massachusetts, Minnesota,
Nevada, New Mexico, Oregon, Pennsylvania, Rhode Island, and
Virginia.
---------------------------------------------------------------------------
Other commenters in favor of the proposed changes asserted that
states are not allowed to use Schedule B information for non-tax
purposes and that states, in any event, did not need Schedule B
information for the efficient administration of state tax laws. A
comment from eleven state attorneys general \10\ asserted that states
would not be negatively impacted by the proposed rule because they do
not rely on the Schedule B data for enforcement efforts and can receive
the information through targeted examinations.
---------------------------------------------------------------------------
\10\ The eleven attorneys general represented the states of
Arizona, Alabama, Alaska, Indiana, Kansas, Louisiana, Oklahoma,
South Carolina, Tennessee, Texas, and West Virginia.
---------------------------------------------------------------------------
The Treasury Department and the IRS reiterate that the Code limits
the purposes for which states may use returns or return information
obtained from the IRS. When states receive returns or return
information under section 6103(d), the use of that information is
limited to the administration of state tax laws. When states receive
returns or return information under section 6104(c), the use of that
information is limited by statute to administering state laws relating
to the solicitation or administration of charitable funds or charitable
assets of such organizations. Use of returns or return information
received from the IRS under these sections for purposes other than
those listed above (for example, for the enforcement of campaign
finance laws or consumer protection laws) is not consistent with
states' authorized use under sections 6103(d) and 6104(c). While some
states may use name and address information for those authorized
purposes, the divergent comments from state attorneys general indicate
that the desire to obtain such information, and the purpose for doing
so, may differ from state to state. To the extent that any state
determines that the burdens of collecting and maintaining such
information are justified by its own needs, such a state is free to
require reporting of such information to the state and to maintain the
information at the state's own expense.
h. Conclusion
As explained in the preamble to the 2019 proposed regulations, in
exercising the discretion to relieve tax-exempt organizations not
described in section 501(c)(3) of the obligation to annually report the
names and addresses of substantial contributors, the Treasury
Department and the IRS seek to balance the IRS's need for the
information for tax administration purposes against the
[[Page 31966]]
burden and risks associated with reporting of the information.
The Treasury Department and the IRS have concluded that the IRS
does not need the names and addresses of substantial contributors to
tax-exempt organizations not described in section 501(c)(3) to be
reported annually on Schedule B of Form 990 or Form 990-EZ in order to
administer the internal revenue laws. In light of the risks and burden
associated with requiring the annual reporting of such information,
this Treasury Decision revises the regulations under section 6033 to
remove the general requirement for tax-exempt organizations not
described in sections 501(c)(3) or 527 to report annually the names and
addresses of substantial contributors.
This Treasury Decision revises Sec. 1.6033-2(a)(2)(ii)(F) to
provide that organizations described in section 501(c)(3) generally are
required to provide names and addresses of contributors of more than
$5,000 on their Forms 990, 990-EZ, and 990-PF. Similarly, Sec. 1.6033-
2(a)(2)(iii)(D) is revised to remove the requirement to provide the
names of contributors who contribute over $1,000 for a specific
charitable purpose to organizations described in sections 501(c)(7),
(8), and (10). Additionally, as discussed earlier in this preamble,
section 527 organizations must continue to report the names and
addresses of substantial contributors.
Tax-exempt organizations must continue to report the amounts of
contributions from each substantial contributor as well as maintain the
names and addresses of their substantial contributors in their books
and records in accordance with section 6001 and Sec. 1.6001-1(a) and
(c) in order to permit the IRS to efficiently administer the internal
revenue laws through examinations of specific taxpayers. The records
retained will enable organizations to substantiate upon examination the
number of certain contributors and the amounts of their contributions
and, if needed, to address any concerns identified during the
examination for which the identity of the substantial contributors
would be relevant.
VI. Rev. Proc. 95-48 and Rev. Proc. 96-10
In the preamble to the 2019 proposed regulations, the Treasury
Department and the IRS requested comments on any other grants of
section 6033 reporting relief announced in past exercises of the
Commissioner's discretion that should be incorporated into the
regulations or any other clarifications to reflect statutory changes
since the original promulgation of Sec. 1.6033-2. In light of the 2006
amendment to section 6033(a)(3)(B), which proscribes the Commissioner's
ability to exercise discretion to relieve from filing any organization
described in section 509(a)(3), the Treasury Department and the IRS
requested comments on the continued applicability of Rev. Proc. 96-10,
1996-1 C.B. 138, which relieves from a filing requirement under section
6033(a) certain organizations that are operated, controlled, or
supervised by one or more churches, integrated auxiliaries, or
conventions or associations of churches.
The Treasury Department and the IRS received five comments
requesting that the filing exception contained in Rev. Proc. 96-10 be
incorporated into the regulations or that the Treasury Department and
the IRS simply refrain from obsoleting Rev. Proc. 96-10. One commenter
suggested that certain organizations are described in Rev. Proc. 96-10
and continue to rely appropriately on the filing exception provided in
that revenue procedure because they are not supporting organizations
described in section 509(a)(3).
This Treasury Decision does not incorporate the provisions of Rev.
Proc. 96-10 into the final regulations. The Treasury Department and the
IRS continue to study the applicability of Rev. Proc. 96-10, which is
not withdrawn with the issuance of this Treasury Decision. However, the
Treasury Department and the IRS note that organizations for which
public charity status is dependent on being described in section
509(a)(3) are not eligible to rely on the filing relief provided in
Rev. Proc. 96-10.
The Treasury Department and the IRS also requested comments on Rev.
Proc. 95-48, 1995-2 C.B. 418, which grants reporting relief for
governmental units and affiliates of governmental units. The Treasury
Department and the IRS received one comment asserting that reporting
relief granted under Rev. Proc. 95-48 is inappropriate because a
government affiliate's decision to seek the benefits of exemption under
section 501(c)(3) calls for it accepting the burdens of that status as
well. This Treasury Decision does not incorporate the provisions of
Rev. Proc. 95-48 into the final regulations and the Treasury Department
and the IRS continue to consider whether the reporting relief in this
revenue procedure should be updated.
VII. Technical Corrections
This Treasury Decision conforms the paragraph structure throughout
Sec. 1.6033-2 to the current Code of Federal Regulations paragraph
level structure. Previously, the fourth level of the paragraph
structure utilized a lower-case letter (e.g., Sec. 1.6033-
2(a)(2)(ii)(a)). This Treasury Decision modifies all fourth level
letters to be upper-case (e.g., Sec. 1.6033-2(a)(2)(ii)(A)). For
consistency with these amendments, this Treasury Decision also modifies
Sec. Sec. 1.401-1, 56.4911-9, and 56.4911-10 to correct certain cross-
references to Sec. 1.6033-2.
Additionally, throughout Sec. 1.6033-2, this Treasury Decision
makes certain other non-substantive changes.
VIII. Applicability Dates
Consistent with the applicability dates in the 2019 proposed
regulations, the final regulations apply as of May 28, 2020. Pursuant
to section 7805(b)(7), an organization may choose to apply the
paragraphs listed in Sec. 1.6033-2(l)(2) to returns filed after
September 6, 2019.
Effect on Other Documents
The following publication is obsolete as of May 28, 2020: Rev.
Proc. 2018-38 (2018-31 I.R.B. 280).
Special Analyses
I. Regulatory Planning and Review
This regulation is not subject to review under section 6(b) of
Executive Order 12866 pursuant to the Memorandum of Agreement (April
11, 2018) between the Department of the Treasury and the Office of
Management and Budget regarding review of tax regulations.
II. Paperwork Reduction Act
The collection of information contained in these final regulations
is reflected in the collection of information for Forms 990 and 990-EZ
that have been reviewed and approved by the Office of Management and
Budget in accordance with the Paperwork Reduction Act (44 U.S.C.
3507(c)) under control number 1545-0047. To the extent there is a
decrease in burden as a result of this change, the decrease in burden
will be reflected in the updated burden estimates for Forms 990 and
990-EZ included in this control number. The requirement to maintain
records to substantiate information on the Form 990 or 990-EZ is
already contained in the burden associated with the control number for
those forms and remains unchanged.
The paperwork burden estimate for tax-exempt organizations is
reported under OMB control number 1545-0047,
[[Page 31967]]
which represents a total estimated burden time, including all other
related forms and schedules for corporations, of 52 billion hours and
total estimated monetized costs of $4.17 billion ($2017). The burden
estimates provided in the OMB control number are aggregate amounts that
relate to the entire package of forms associated with the OMB control
number, and will in the future include, but not isolate, the estimated
burden of these regulations. These numbers are therefore unrelated to
the future calculations needed to assess the burden removed by adoption
of these regulations. The Treasury Department and the IRS urge readers
to recognize that these numbers are duplicates and to guard against
overcounting the burden. No burden estimates specific to these
regulations are currently available. The Treasury Department has not
estimated the burden related to the requirements under these
regulations. The current status of the Paperwork Reduction Act
submissions related to these regulations is provided in the following
table.
------------------------------------------------------------------------
Form OMB control No. Status
------------------------------------------------------------------------
990 and related forms......... 1545-0047 Sixty-day notice
published on 9/24/
2019. Thirty-day
notice published on
12/31/2019. Approved
by OIRA on 2/12/2020.
-----------------------------------------
Web address: https://www.irs.gov/forms-pubs/about-form-990.
------------------------------------------------------------------------
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless the collection of
information displays a valid OMB control number.
Books or records relating to a collection of information must be
retained as long as their contents may become material in the
administration of any internal revenue law. Generally, tax returns and
return information are confidential, as required by 26 U.S.C. 6103.
III. Regulatory Flexibility Act
It is hereby certified that these final regulations will not have a
significant economic impact on a substantial number of small entities.
This certification is based on the fact that these regulations reflect
statutory requirements and reporting relief previously announced
through forms, instructions to forms, or guidance published in the
Internal Revenue Bulletin. The collection of information contained in
these regulations instead maintains a current recordkeeping obligation
while removing a filing burden. Accordingly, this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. chapter 6). Pursuant to
section 7805(f), the proposed regulations preceding these final
regulations were submitted to the Chief Counsel for Advocacy of the
Small Business Administration for comment on its impact on small
business, and no comments were received.
Drafting Information
The principal authors of these regulations are personnel from the
Office of the Associate Chief Counsel (Employee Benefits, Exempt
Organizations, and Employment Taxes). However, other personnel from the
Treasury Department and the IRS participated in their development.
Statement of Availability of IRS Documents
IRS revenue procedures and other guidance cited in this document
are published in the Internal Revenue Bulletin (or Cumulative Bulletin)
and are available from the Superintendent of Documents, U.S. Government
Publishing Office, Washington, DC 20402, or by visiting the IRS website
at http://www.irs.gov.
List of Subjects
26 CFR Part 1
Income taxes, Reporting and recordkeeping requirements.
26 CFR Part 56
Public charity excise taxes.
Amendments to the Regulations
Accordingly, 26 CFR parts 1 and 56 are amended as follows:
PART 1--INCOME TAXES
0
Paragraph 1. The authority citation for part 1 continues to read in
part as follows:
Authority: 26 U.S.C. 7805 * * *
0
Par. 2. In Sec. 1.401-1, revise the last sentence of paragraph (e)(2)
to read as follows:
Sec. 1.401-1 Qualified pension, profit-sharing, and stock bonus
plans.
* * * * *
(e) * * *
(2) * * * For information required to be furnished periodically by
an employer with respect to the qualification of a plan, see Sec. Sec.
1.404(a)-2, and 1.6033-2(a)(2)(ii)(I).
0
Par. 3. Section 1.6033-2 is amended by:
0
1. Revising the section heading;
0
2. In paragraph (a)(2)(ii) introductory text, removing ``The'' and
adding ``Subject to paragraph (a)(1) of this section, the'' in its
place;
0
3. Redesignating paragraph (a)(2)(ii)(a) through (l) as paragraphs
(a)(2)(ii)(A) through (L) respectively;
0
4. In newly redesignated paragraph (a)(2)(ii)(F), revising the first
and last sentences;
0
5. Revising newly redesignated paragraph (a)(2)(ii)(H);
0
6. Redesignating paragraphs (a)(2)(ii)(K) and (L) as paragraphs
(a)(2)(ii)(M) and (N);
0
7. Adding new paragraphs (a)(2)(ii)(K) and (L);
0
8. Revising the last sentence of paragraph (a)(2)(iii) introductory
text;
0
9. Redesignating paragraphs (a)(2)(iii)(a) through (d) as paragraphs
(a)(2)(iii)(A) through (D) respectively;
0
10. Revising the last sentence of newly redesignated paragraph
(a)(2)(iii)(B);
0
11. Revising redesignated paragraph (a)(2)(iii)(C);
0
12. Revising the first sentence of newly redesignated paragraph
(a)(2)(iii)(D)(1);
0
13. Redesignating paragraphs (a)(2)(iv)(a) and (b) as paragraphs
(a)(2)(iv)(A) and (B) respectively;
0
14. Revising the next to last sentence in paragraph (a)(4);
0
15. Adding paragraphs (a)(5) through (8);
0
16. Revising paragraph (d)(5) introductory text and the last sentence
of paragraph (d)(5)(ii);
0
17. Revising paragraph (g)(1)(iii);
0
18. Removing ``or'' at the end of paragraph (g)(1)(vi);
0
19. Removing the period at the end of paragraph (g)(1)(vii) and adding
``; or'' in its place;
0
20. Adding paragraph (g)(1)(viii);
0
21. Revising paragraph (g)(3);
0
22. Adding paragraph (g)(5);
0
23. Adding a sentence at the end of paragraph (g)(6);
0
24. Redesignating paragraph (k) as paragraph (l);
0
25. Adding a new paragraph (k); and
0
26. Revising newly redesignated paragraph (l).
[[Page 31968]]
The revisions and additions read as follows:
Sec. 1.6033-2 Returns by exempt organizations and returns by certain
nonexempt organizations.
(a) * * *
(2) * * *
(ii) * * *
(F) The total of the contributions, gifts, grants, and similar
amounts received by it during the taxable year, and, in the case of an
organization described in section 501(c)(3), the names and addresses of
all persons that contributed, bequeathed, or devised $5,000 or more (in
money or other property) during the taxable year. * * * For special
rules with respect to contributors and donors, see paragraph
(a)(2)(iii) of this section.
* * * * *
(H) A schedule showing the compensation and other payments made to
each person whose name is required to be listed pursuant to paragraph
(a)(2)(ii)(G) of this section during the calendar year ending within
the organization's annual accounting period, or during such other
period as prescribed by publication, form, or instructions.
* * * * *
(K) In the case of an organization described in section 501(c)(3),
the respective amounts (if any) of the taxes imposed on the
organization, or any organization manager of the organization, during
the taxable year under any of the following provisions (and the
respective amounts (if any) of reimbursements paid by the organization
during the taxable year with respect to taxes imposed on any such
organization manager under any of such provisions):
(1) Section 4911 (relating to tax on excess expenditures to
influence legislation);
(2) Section 4912 (relating to tax on disqualifying lobbying
expenditures of certain organizations); and
(3) Section 4955 (relating to taxes on political expenditures of
section 501(c)(3) organizations), except to the extent that, by reason
of section 4962, the taxes imposed under such section are not required
to be paid or are credited or refunded.
(L) In the case of organizations described in section 501(c)(3),
(4), or (29), the respective amounts (if any) of--
(1) The taxes imposed with respect to the organization on any
organization manager, or any disqualified person, during the taxable
year under section 4958 (relating to taxes on excess benefit
transactions); and
(2) Reimbursements paid by the organization during the taxable year
with respect to taxes imposed under such section, except to the extent
that, by reason of section 4962, the taxes imposed under such section
are not required to be paid or are credited or refunded.
* * * * *
(iii) * * * In providing the names and addresses of contributors
and donors under paragraph (a)(2)(ii)(F) of this section:
* * * * *
(B) * * * In such case, unless the organization has actual
knowledge that a particular employee gave more than $5,000 (and in
excess of 2 percent if paragraph (a)(2)(iii)(A) of this section is
applicable), the organization need report only the name and address of
the employer, and the total amount paid over by the employer.
(C) Separate and independent gifts made by one person in a
particular year need be aggregated to determine whether his
contributions and bequests exceed $5,000 (and are in excess of 2
percent if paragraph (a)(2)(iii)(A) of this section is applicable),
only if such gifts are of $1,000 or more.
(D)(1) Organizations described in section 501(c)(7), (8), or (10)
that receive contributions or bequests to be used exclusively for
purposes described in section 170(c)(4), 2055(a)(3), or 2522(a)(3),
must attach a schedule with respect to all gifts that aggregate more
than $1,000 from any one person showing the total amount of the
contributions or bequests from each such person, the specific purpose
or purposes for which such amount was received, and the specific use or
uses to which such amount was put. * * *
* * * * *
(4) * * * Similarly, for purposes of paragraph (a)(2)(ii)(D) of
this section, the purposes for which a section 4947(a)(1) trust or a
nonexempt private foundation is organized shall be treated as the
purposes for which it is exempt. * * *
(5) Political organizations, as defined by section 527(e)(1), that
have gross receipts of $25,000 or more for the taxable year (or in the
case of a qualified State or local political organization, as defined
in section 527(e)(5), that has gross receipts of $100,000 or more for
the taxable year) generally must comply with the requirements of
section 6033 and this section in the same manner as organizations
exempt from tax under section 501(a), except to the extent that the
Commissioner may modify such requirements through forms, instructions
to forms, or guidance published in the Internal Revenue Bulletin as
appropriate for carrying out the purposes of section 527. For the
purposes of this section, all references to organizations exempt from
tax under section 501(a) shall include political organizations referred
to in section 6033(g), other than those referred to in section
6033(g)(3) and except to the extent the Commissioner exercises
discretion under section 6033(g)(4). This discretion may be exercised
through forms, instructions to forms, or guidance published in the
Internal Revenue Bulletin. In addition to the reporting requirements
applicable to organizations exempt under section 501(a), such political
organizations generally must report the names and addresses of all
persons that contributed, bequeathed, or devised $5,000 or more (in
money or other property) during the taxable year.
(6) Each controlling organization (within the meaning of section
512(b)(13)) that is subject to the requirements of section 6033(a)
shall include on its annual return such information required by that
return regarding--
(i) Any interest, annuities, royalties, or rents received from each
controlled entity (within the meaning of section 512(b)(13));
(ii) Any loans made to each such controlled entity; and
(iii) Any transfers of funds between such controlling organization
and each such controlled entity.
(7) Every organization described in section 4966(d)(1) shall, on
its annual return for the taxable year--
(i) List the total number of donor advised funds (as defined in
section 4966(d)(2)) it owns at the end of such taxable year;
(ii) Report the aggregate value of assets held in such funds at the
end of such taxable year; and
(iii) Report the aggregate contributions to and grants made from
such funds during such taxable year.
(8) Every organization described in section 509(a)(3) shall, on its
annual return--
(i) List the supported organizations (as defined in section
509(f)(3)) with respect to which such organization provides support;
(ii) Specify whether the organization meets the requirements of
clause (i), (ii), or (iii) of section 509(a)(3)(B); and
(iii) Certify that the organization meets the requirements of
section 509(a)(3)(C).
* * * * *
(d) * * *
(5) In providing the information required by paragraphs
(a)(2)(ii)(F), (G),
[[Page 31969]]
and (H) of this section, such information may be provided: * * *
(ii) * * * A central or parent organization shall indicate whether
it has provided such information in the manner described in paragraphs
(d)(5)(i) or (ii) of this section, and may not change the manner in
which it provides such information without the consent of the
Commissioner.
* * * * *
(g) * * *
(1) * * *
(iii) Except as provided in paragraph (g)(1)(viii) of this section,
an organization described in section 501(c) (other than a private
foundation or a supporting organization described in section 509(a)(3))
the gross receipts of which in each taxable year are normally not more
than $50,000 (as described in paragraph (g)(3) of this section);
* * * * *
(viii) A foreign organization (described in paragraph (k)(1) of
this section) or a United States possession organization (described in
paragraph (k)(2) of this section) (other than a private foundation or a
supporting organization described in section 509(a)(3))--
(A) The gross receipts of which in each taxable year from sources
within the United States (as determined under paragraph (k)(3) of this
section) are normally not more than $50,000 (as described in paragraph
(g)(3) of this section); and
(B) That has no significant activity (including lobbying and
political activity and the operation of a trade or business, but
excluding investment activity) in the United States.
* * * * *
(3) For purposes of paragraphs (g)(1)(iii) and (viii) of this
section, the gross receipts (as defined in paragraph (g)(4) of this
section) of an organization are normally not more than $50,000 if:
(i) In the case of an organization that has been in existence for 1
year or less, the organization has received, or donors have pledged to
give, gross receipts of $75,000 or less during the first taxable year
of the organization;
(ii) In the case of an organization that has been in existence for
more than one but less than 3 years, the average of the gross receipts
received by the organization in its first 2 taxable years is $60,000 or
less; and
(iii) In the case of an organization that has been in existence for
3 years or more, the average of the gross receipts received by the
organization in the immediately preceding 3 taxable years, including
the year for which the return would be required to be filed, is $50,000
or less.
* * * * *
(5) An organization that is not required to file an annual return
by virtue of paragraphs (g)(1)(iii) and (viii) of this section must
submit an annual electronic notification as described in section
6033(i). See Sec. 1.6033-6.
(6) * * * This discretion may be exercised through forms,
instructions to forms, or guidance published in the Internal Revenue
Bulletin.
* * * * *
(k) Foreign organizations and United States possession
organizations--(1) Foreign organization. For purposes of this section,
a foreign organization is any organization not described in section
170(c)(2)(A).
(2) United States possession organization. For purposes of this
section, a United States possession organization is any organization
created or organized in a possession of the United States.
(3) Source of funds. For purposes of paragraph (g)(1)(viii) of this
section, the source of an organization's gross receipts from gifts,
grants, contributions or membership fees is determined by applying the
rules found in Sec. 53.4948-1(b) of this chapter. For purposes of
paragraph (g)(1)(viii) of this section, the source of an organization's
gross receipts other than gifts, grants, contributions, and membership
fees is determined by applying the rules in sections 861 through 865
and the regulations in this part issued under section 861 through 865.
For purposes of applying this paragraph (k)(3) regarding United States
possession organizations, a United States person does not include
individuals who are bona fide residents of a United States possession.
(l) Applicability date--(1) Generally. This section applies to
returns filed on or after January 30, 2020. Section 1.6033-2T (as
contained in 26 CFR part 1, revised April 2019) applies to returns
filed before January 30, 2020.
(2) Paragraphs (a)(2)(ii)(F), (a)(2)(iii)(D)(1), (g)(1)(iii) and
(viii), and (g)(3) of this section apply to annual information returns
filed after May 28, 2020. Under section 7805(b)(7) an organization may
choose to apply the paragraphs listed in this paragraph (l)(2) to
returns filed after September 6, 2019.
PART 56--PUBLIC CHARITY EXCISE TAXES
0
Par. 4. The authority citation for part 56 continues to read in part as
follows:
Authority: 26 U.S.C. 7805 * * *
Sec. 56.4911-9 [Amended]
0
Par. 5. In Sec. 56.4911-9, amend paragraphs (d)(2) and (3) and (d)(4)
introductory text by removing the language ``1.6033-2(a)(2)(ii)(k)''
and adding in its place ``1.6033-2(a)(2)(ii)(M)''.
Sec. 56.4911-10 [Amended]
0
Par. 6. In Sec. 56.4911-10, amend paragraph (f)(1) by removing the
language ``1.6033-2(a)(2)(ii)(k)'' and adding in its place ``1.6033-
2(a)(2)(ii)(M).''
Sunita Lough,
Deputy Commissioner for Services and Enforcement.
Approved: May 20, 2020.
David J. Kautter,
Assistant Secretary of the Treasury (Tax Policy).
[FR Doc. 2020-11465 Filed 5-26-20; 4:15 pm]
BILLING CODE 4830-01-P
