• June 20, 2013

IRS Allows Small Charities a Reprieve From Tax-Filing Deadline

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Richard White/Chronicle of Philanthropy

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Richard White/Chronicle of Philanthropy

Washington

The Internal Revenue Service has announced that it will help small charities keep their tax-exempt status even if they missed the May 17 deadline for filing a new online form.

Doug Shulman, the IRS commissioner, said in a statement that the IRS had conducted an "unprecedented outreach effort" to explain the new law, which requires charities with annual revenues of $25,000 or less to file a Form 990-N, or "e-postcard." Those failing to file for three consecutive years lose their tax exemptions.

Nevertheless, Mr. Shulman said, many of the affected groups are just learning of the May 17 deadline, the first three-year filing deadline for groups with fiscal years ending in December.  "I want to reassure these small organizations that the IRS will do what it can to help them avoid losing their tax-exempt status," he said.

Congress passed a law in 2006 to help the IRS keep better track of the smallest charities, which did not previously have to file returns regularly, and determine which ones no longer exist. The "e-postcards" require basic information like the name of a principal officer and a mailing address.

Some research groups have estimated that more than 300,000 organizations on the IRS's books could lose their tax exemptions, many of them because they are defunct. Some nonprofit experts feared, however, that many legitimate small charities could be hit simply because they were unaware of the new requirement. (See The Chronicle's article on the IRS rule change.)

Mr. Shulman said the IRS would provide guidance "in the near future" about how it will offer relief to the affected charities. "So I urge these organizations to go ahead and file-even though the May 17 deadline has passed."

 

Number of Organizations Registered with the IRS by State

Comments

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2. billgray - May 25, 2010 at 11:14 am

Small charities shouldn't get their hopes up. The headline is misleading in that the IRS cannot change the law. IRC sec. 6033(j) automatically revokes the exemption of any exempt organization that does not file information returns for three consecutive years and requires the organization to re-apply for exempt status. The IRS is allowed to reinstate the exemption retroactively if the applicant can show "reasonable cause" for its failure to file; but unless Congress acts, the IRS cannot simply ignore the failure and continue treating the organization as exempt. I assume what the Commissioner is suggesting is that the IRS might provide a simplified, lower-cost application procedure for such organizations and might process their reapplications faster than first-time applications it receives. Not a "reprieve from tax-filing deadline" but simply a less burdensome way to recover their lost tax status.

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