The IRS has released a new form for tax-exempt organizations to use when they request determinations (other than initial exemption applications) about their tax-exempt status. In addition to foundation status issues, organizations will use Form 8940, Request for Miscellaneous Determination, to obtain advance approval of certain activities and exemption from Form 990 filing requirements. Prior to the release of Form 8940, there was no form for requesting such approvals.
The simple one-page form is accompanied by instructions that specify what information needs to be submitted to support each of the nine types of requests that may be submitted. A user fee must accompany the form. Form 8940 must be used for the following types of requests:
a. Advance approval of certain private foundation set-asides
b. Advance approval of private foundation voter registration activities
c. Advance approval of private foundation scholarship procedures
d. Exemption from Form 990 filing requirements
e. Advance determination that a potential grant or contribution is an unusual grant, excluded from certain public support calculations
f. Change in (or initial determination of) Type of a section 509(a)(3) supporting organization
g. Reclassification of foundation status, including a voluntary request from a public charity for private foundation status, and final public charity status determination for organizations with advance ruling periods that expired prior to June 9, 2008 (presumptive private foundations)
h. Termination of private foundation status under Internal Revenue Code section 507(b)(1)(B) (advance ruling request)
i. Termination of private foundation status under Code section 507(b)(1)(B) (60-month period ended)
Ellis Carter is a nonprofit lawyer licensed to practice in Washington and Arizona. Ellis advises tax-exempt clients on federal tax matters nationwide.