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2011 Tax Return Forms

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2011 Tax Return Forms

2011 tax return forms 2. 2011 tax return forms   Employees' Pay Table of Contents Introduction Topics - This chapter discusses: Useful Items - You may want to see: Tests for Deducting PayTest 1—Reasonableness Test 2—For Services Performed Kinds of PayAwards Bonuses Education Expenses Fringe Benefits Loans or Advances Property Reimbursements for Business Expenses Sick and Vacation Pay Introduction You can generally deduct the amount you pay your employees for the services they perform. 2011 tax return forms The pay may be in cash, property, or services. 2011 tax return forms It may include wages, salaries, bonuses, commissions, or other non-cash compensation such as vacation allowances and fringe benefits. 2011 tax return forms For information about deducting employment taxes, see chapter 5. 2011 tax return forms You can claim employment credits, such as the following, if you hire individuals who meet certain requirements. 2011 tax return forms Empowerment zone employment credit (Form 8844). 2011 tax return forms Indian employment credit (Form 8845). 2011 tax return forms Work opportunity credit (Form 5884). 2011 tax return forms Credit for employer differential wage payments (Form 8932). 2011 tax return forms Reduce your deduction for employee wages by the amount of employment credits you claim. 2011 tax return forms For more information about these credits, see the form on which the credit is claimed. 2011 tax return forms Topics - This chapter discusses: Tests for deducting pay Kinds of pay Useful Items - You may want to see: Publication 15 (Circular E), Employer's Tax Guide 15-A Employer's Supplemental Tax Guide 15-B Employer's Tax Guide to Fringe Benefits See chapter 12 for information about getting publications and forms. 2011 tax return forms Tests for Deducting Pay To be deductible, your employees' pay must be an ordinary and necessary business expense and you must pay or incur it. 2011 tax return forms These and other requirements that apply to all business expenses are explained in chapter 1. 2011 tax return forms In addition, the pay must meet both of the following tests. 2011 tax return forms Test 1. 2011 tax return forms It must be reasonable. 2011 tax return forms Test 2. 2011 tax return forms It must be for services performed. 2011 tax return forms The form or method of figuring the pay does not affect its deductibility. 2011 tax return forms For example, bonuses and commissions based on sales or earnings, and paid under an agreement made before the services were performed, are both deductible. 2011 tax return forms Test 1—Reasonableness You must be able to prove that the pay is reasonable. 2011 tax return forms Whether the pay is reasonable depends on the circumstances that existed when you contracted for the services, not those that exist when reasonableness is questioned. 2011 tax return forms If the pay is excessive, the excess pay is disallowed as a deduction. 2011 tax return forms Factors to consider. 2011 tax return forms   Determine the reasonableness of pay by the facts and circumstances. 2011 tax return forms Generally, reasonable pay is the amount that a similar business would pay for the same or similar services. 2011 tax return forms   To determine if pay is reasonable, also consider the following items and any other pertinent facts. 2011 tax return forms The duties performed by the employee. 2011 tax return forms The volume of business handled. 2011 tax return forms The character and amount of responsibility. 2011 tax return forms The complexities of your business. 2011 tax return forms The amount of time required. 2011 tax return forms The cost of living in the locality. 2011 tax return forms The ability and achievements of the individual employee performing the service. 2011 tax return forms The pay compared with the gross and net income of the business, as well as with distributions to shareholders if the business is a corporation. 2011 tax return forms Your policy regarding pay for all your employees. 2011 tax return forms The history of pay for each employee. 2011 tax return forms Test 2—For Services Performed You must be able to prove the payment was made for services actually performed. 2011 tax return forms Employee-shareholder salaries. 2011 tax return forms   If a corporation pays an employee who is also a shareholder a salary that is unreasonably high considering the services actually performed, the excessive part of the salary may be treated as a constructive dividend to the employee-shareholder. 2011 tax return forms The excessive part of the salary would not be allowed as a salary deduction by the corporation. 2011 tax return forms For more information on corporate distributions to shareholders, see Publication 542, Corporations. 2011 tax return forms Kinds of Pay Some of the ways you may provide pay to your employees in addition to regular wages or salaries are discussed next. 2011 tax return forms For specialized and detailed information on employees' pay and the employment tax treatment of employees' pay, see Publications 15, 15-A, and 15-B. 2011 tax return forms Awards You can generally deduct amounts you pay to your employees as awards, whether paid in cash or property. 2011 tax return forms If you give property to an employee as an employee achievement award, your deduction may be limited. 2011 tax return forms Achievement awards. 2011 tax return forms   An achievement award is an item of tangible personal property that meets all the following requirements. 2011 tax return forms It is given to an employee for length of service or safety achievement. 2011 tax return forms It is awarded as part of a meaningful presentation. 2011 tax return forms It is awarded under conditions and circumstances that do not create a significant likelihood of disguised pay. 2011 tax return forms Length-of-service award. 2011 tax return forms    An award will qualify as a length-of-service award only if either of the following applies. 2011 tax return forms The employee receives the award after his or her first 5 years of employment. 2011 tax return forms The employee did not receive another length-of-service award (other than one of very small value) during the same year or in any of the prior 4 years. 2011 tax return forms Safety achievement award. 2011 tax return forms    An award for safety achievement will qualify as an achievement award unless one of the following applies. 2011 tax return forms It is given to a manager, administrator, clerical employee, or other professional employee. 2011 tax return forms During the tax year, more than 10% of your employees, excluding those listed in (1), have already received a safety achievement award (other than one of very small value). 2011 tax return forms Deduction limit. 2011 tax return forms   Your deduction for the cost of employee achievement awards given to any one employee during the tax year is limited to the following. 2011 tax return forms $400 for awards that are not qualified plan awards. 2011 tax return forms $1,600 for all awards, whether or not qualified plan awards. 2011 tax return forms   A qualified plan award is an achievement award given as part of an established written plan or program that does not favor highly compensated employees as to eligibility or benefits. 2011 tax return forms   A highly compensated employee is an employee who meets either of the following tests. 2011 tax return forms The employee was a 5% owner at any time during the year or the preceding year. 2011 tax return forms The employee received more than $115,000 in pay for the preceding year. 2011 tax return forms You can choose to ignore test (2) if the employee was not also in the top 20% of employees ranked by pay for the preceding year. 2011 tax return forms   An award is not a qualified plan award if the average cost of all the employee achievement awards given during the tax year (that would be qualified plan awards except for this limit) is more than $400. 2011 tax return forms To figure this average cost, ignore awards of nominal value. 2011 tax return forms Deduct achievement awards as a nonwage business expense on your return or business schedule. 2011 tax return forms You may not owe employment taxes on the value of some achievement awards you provide to an employee. 2011 tax return forms See Publication 15-B. 2011 tax return forms Bonuses You can generally deduct a bonus paid to an employee if you intended the bonus as additional pay for services, not as a gift, and the services were performed. 2011 tax return forms However, the total bonuses, salaries, and other pay must be reasonable for the services performed. 2011 tax return forms If the bonus is paid in property, see Property , later. 2011 tax return forms Gifts of nominal value. 2011 tax return forms    If, to promote employee goodwill, you distribute food or merchandise of nominal value to your employees at holidays, you can deduct the cost of these items as a nonwage business expense. 2011 tax return forms Your deduction for de minimis gifts of food or drink are not subject to the 50% deduction limit that generally applies to meals. 2011 tax return forms For more information on this deduction limit, see Meals and lodging , later. 2011 tax return forms Education Expenses If you pay or reimburse education expenses for an employee, you can deduct the payments if they are part of a qualified educational assistance program. 2011 tax return forms Deduct them on the “Employee benefit programs” or other appropriate line of your tax return. 2011 tax return forms For information on educational assistance programs, see Educational Assistance in section 2 of Publication 15-B. 2011 tax return forms Fringe Benefits A fringe benefit is a form of pay for the performance of services. 2011 tax return forms You can generally deduct the cost of fringe benefits. 2011 tax return forms You may be able to exclude all or part of the value of some fringe benefits from your employees' pay. 2011 tax return forms You also may not owe employment taxes on the value of the fringe benefits. 2011 tax return forms See Table 2-1, Special Rules for Various Types of Fringe Benefits, in Publication 15-B for details. 2011 tax return forms Your deduction for the cost of fringe benefits for activities generally considered entertainment, amusement, or recreation, or for a facility used in connection with such an activity (for example, a company aircraft) for certain officers, directors, and more-than-10% shareholders is limited. 2011 tax return forms Certain fringe benefits are discussed next. 2011 tax return forms See Publication 15-B for more details on these and other fringe benefits. 2011 tax return forms Meals and lodging. 2011 tax return forms   You can usually deduct the cost of furnishing meals and lodging to your employees. 2011 tax return forms Deduct the cost in whatever category the expense falls. 2011 tax return forms For example, if you operate a restaurant, deduct the cost of the meals you furnish to employees as part of the cost of goods sold. 2011 tax return forms If you operate a nursing home, motel, or rental property, deduct the cost of furnishing lodging to an employee as expenses for utilities, linen service, salaries, depreciation, etc. 2011 tax return forms Deduction limit on meals. 2011 tax return forms   You can generally deduct only 50% of the cost of furnishing meals to your employees. 2011 tax return forms However, you can deduct the full cost of the following meals. 2011 tax return forms Meals whose value you include in an employee's wages. 2011 tax return forms Meals that qualify as a de minimis fringe benefit as discussed in section 2 of Publication 15-B. 2011 tax return forms This generally includes meals you furnish to employees at your place of business if more than half of these employees are provided the meals for your convenience. 2011 tax return forms Meals you furnish to your employees at the work site when you operate a restaurant or catering service. 2011 tax return forms Meals you furnish to your employees as part of the expense of providing recreational or social activities, such as a company picnic. 2011 tax return forms Meals you are required by federal law to furnish to crew members of certain commercial vessels (or would be required to furnish if the vessels were operated at sea). 2011 tax return forms This does not include meals you furnish on vessels primarily providing luxury water transportation. 2011 tax return forms Meals you furnish on an oil or gas platform or drilling rig located offshore or in Alaska. 2011 tax return forms This includes meals you furnish at a support camp that is near and integral to an oil or gas drilling rig located in Alaska. 2011 tax return forms Employee benefit programs. 2011 tax return forms   Employee benefit programs include the following. 2011 tax return forms Accident and health plans. 2011 tax return forms Adoption assistance. 2011 tax return forms Cafeteria plans. 2011 tax return forms Dependent care assistance. 2011 tax return forms Education assistance. 2011 tax return forms Life insurance coverage. 2011 tax return forms Welfare benefit funds. 2011 tax return forms   You can generally deduct amounts you spend on employee benefit programs on the applicable line of your tax return. 2011 tax return forms For example, if you provide dependent care by operating a dependent care facility for your employees, deduct your costs in whatever categories they fall (utilities, salaries, etc. 2011 tax return forms ). 2011 tax return forms Life insurance coverage. 2011 tax return forms   You cannot deduct the cost of life insurance coverage for you, an employee, or any person with a financial interest in your business, if you are directly or indirectly the beneficiary of the policy. 2011 tax return forms See Regulations section 1. 2011 tax return forms 264-1 for more information. 2011 tax return forms Welfare benefit funds. 2011 tax return forms   A welfare benefit fund is a funded plan (or a funded arrangement having the effect of a plan) that provides welfare benefits to your employees, independent contractors, or their beneficiaries. 2011 tax return forms Welfare benefits are any benefits other than deferred compensation or transfers of restricted property. 2011 tax return forms   Your deduction for contributions to a welfare benefit fund is limited to the fund's qualified cost for the tax year. 2011 tax return forms If your contributions to the fund are more than its qualified cost, carry the excess over to the next tax year. 2011 tax return forms   Generally, the fund's “qualified cost” is the total of the following amounts, reduced by the after-tax income of the fund. 2011 tax return forms The cost you would have been able to deduct using the cash method of accounting if you had paid for the benefits directly. 2011 tax return forms The contributions added to a reserve account that are needed to fund claims incurred but not paid as of the end of the year. 2011 tax return forms These claims can be for supplemental unemployment benefits, severance pay, or disability, medical, or life insurance benefits. 2011 tax return forms   For more information, see sections 419(c) and 419A of the Internal Revenue Code and the related regulations. 2011 tax return forms Loans or Advances You generally can deduct as wages an advance you make to an employee for services performed if you do not expect the employee to repay the advance. 2011 tax return forms However, if the employee performs no services, treat the amount you advanced as a loan. 2011 tax return forms If the employee does not repay the loan, treat it as income to the employee. 2011 tax return forms Below-market interest rate loans. 2011 tax return forms   On certain loans you make to an employee or shareholder, you are treated as having received interest income and as having paid compensation or dividends equal to that interest. 2011 tax return forms See Below-Market Loans in chapter 4. 2011 tax return forms Property If you transfer property (including your company's stock) to an employee as payment for services, you can generally deduct it as wages. 2011 tax return forms The amount you can deduct is the property's fair market value on the date of the transfer less any amount the employee paid for the property. 2011 tax return forms You can claim the deduction only for the tax year in which your employee includes the property's value in income. 2011 tax return forms Your employee is deemed to have included the value in income if you report it on Form W-2, Wage and Tax Statement, in a timely manner. 2011 tax return forms You treat the deductible amount as received in exchange for the property, and you must recognize any gain or loss realized on the transfer, unless it is the company's stock transferred as payment for services. 2011 tax return forms Your gain or loss is the difference between the fair market value of the property and its adjusted basis on the date of transfer. 2011 tax return forms These rules also apply to property transferred to an independent contractor for services, generally reported on Form 1099-MISC, Miscellaneous Income. 2011 tax return forms Restricted property. 2011 tax return forms   If the property you transfer for services is subject to restrictions that affect its value, you generally cannot deduct it and do not report gain or loss until it is substantially vested in the recipient. 2011 tax return forms However, if the recipient pays for the property, you must report any gain at the time of the transfer up to the amount paid. 2011 tax return forms    “Substantially vested” means the property is not subject to a substantial risk of forfeiture. 2011 tax return forms This means that the recipient is not likely to have to give up his or her rights in the property in the future. 2011 tax return forms Reimbursements for Business Expenses You can generally deduct the amount you pay or reimburse employees for business expenses incurred for your business. 2011 tax return forms However, your deduction may be limited. 2011 tax return forms If you make the payment under an accountable plan, deduct it in the category of the expense paid. 2011 tax return forms For example, if you pay an employee for travel expenses incurred on your behalf, deduct this payment as a travel expense. 2011 tax return forms If you make the payment under a nonaccountable plan, deduct it as wages and include it in the employee's Form W-2. 2011 tax return forms See Reimbursement of Travel, Meals, and Entertainment in chapter 11 for more information about deducting reimbursements and an explanation of accountable and nonaccountable plans. 2011 tax return forms Sick and Vacation Pay Sick pay. 2011 tax return forms   You can deduct amounts you pay to your employees for sickness and injury, including lump-sum amounts, as wages. 2011 tax return forms However, your deduction is limited to amounts not compensated by insurance or other means. 2011 tax return forms Vacation pay. 2011 tax return forms   Vacation pay is an employee benefit. 2011 tax return forms It includes amounts paid for unused vacation leave. 2011 tax return forms You can deduct vacation pay only in the tax year in which the employee actually receives it. 2011 tax return forms This rule applies regardless of whether you use the cash or accrual method of accounting. 2011 tax return forms Prev  Up  Next   Home   More Online Publications
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The 2011 Tax Return Forms

2011 tax return forms 4. 2011 tax return forms   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. 2011 tax return forms Line of business. 2011 tax return forms Examples. 2011 tax return forms Improvement of business conditions. 2011 tax return forms Exception for local legislation. 2011 tax return forms De minimis exception. 2011 tax return forms Grass roots lobbying. 2011 tax return forms 501(c)(7) - Social and Recreation ClubsLimited membership. 2011 tax return forms Support. 2011 tax return forms Facilities open to public. 2011 tax return forms Gross receipts from nonmembership sources. 2011 tax return forms Gross receipts. 2011 tax return forms Nontraditional activities. 2011 tax return forms 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. 2011 tax return forms Losses and expenses. 2011 tax return forms Distributions of proceeds. 2011 tax return forms The 85% Requirement Local Life Insurance Associations Mutual or Cooperative Associations 501(c)(13) - Cemetery CompaniesBuying cemetery property. 2011 tax return forms Perpetual care organization. 2011 tax return forms Care of individual plots. 2011 tax return forms 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. 2011 tax return forms 501(c)(2) - Title-Holding Corporations for Single Parent CorporationsExpenses. 2011 tax return forms Waiver of payment of income. 2011 tax return forms 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). 2011 tax return forms Section 501(c)(3) organizations are covered in chapter 3 of this publication. 2011 tax return forms 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. 2011 tax return forms 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). 2011 tax return forms The discussion that follows describes the information you must provide when applying. 2011 tax return forms For application procedures, see chapter 1. 2011 tax return forms To qualify for exemption under section 501(c)(4), the organization's net earnings must be devoted primarily to charitable, educational, or recreational purposes. 2011 tax return forms In addition, no part of the organization's net earnings can inure to the benefit of any private shareholder or individual. 2011 tax return forms If the organization provides an excess benefit to certain persons, an excise tax may be imposed. 2011 tax return forms See Excise tax on excess benefit transactions , under Excess Benefit Transactions in chapter 5 for more information about this tax. 2011 tax return forms Examples. 2011 tax return forms   Types of organizations that are considered to be social welfare organizations are civic associations and volunteer fire companies. 2011 tax return forms Nonprofit operation. 2011 tax return forms   You must submit evidence that your organization is organized and will be operated on a nonprofit basis. 2011 tax return forms 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. 2011 tax return forms Social welfare. 2011 tax return forms   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). 2011 tax return forms   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. 2011 tax return forms It therefore does not qualify as a section 501(c)(4) organization. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Political activity. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms See the discussion in chapter 2 under Political Organization Income Tax Return . 2011 tax return forms Social or recreational activity. 2011 tax return forms   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). 2011 tax return forms Retirement benefit program. 2011 tax return forms   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. 2011 tax return forms It may qualify under another paragraph of section 501(c) depending on all the facts. 2011 tax return forms   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). 2011 tax return forms Tax treatment of donations. 2011 tax return forms   Donations to volunteer fire companies are deductible on the donor's federal income tax return, but only if made for exclusively public purposes. 2011 tax return forms Contributions to civic leagues or other section 501(c)(4) organizations generally are not deductible as charitable contributions for federal income tax purposes. 2011 tax return forms They may be deductible as trade or business expenses, if ordinary and necessary in the conduct of the taxpayer's business. 2011 tax return forms However, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. 2011 tax return forms for more information. 2011 tax return forms For more information on social welfare organizations, see Life Cycle of a Social Welfare Organization at IRS. 2011 tax return forms gov. 2011 tax return forms 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. 2011 tax return forms Volunteer fire companies. 2011 tax return forms   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. 2011 tax return forms   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). 2011 tax return forms In this event, your organization should file Form 1023. 2011 tax return forms Homeowners' associations. 2011 tax return forms   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. 2011 tax return forms The term community generally refers to a geographical unit recognizable as a governmental subdivision, unit, or district thereof. 2011 tax return forms Whether a particular association meets the requirement of benefiting a community depends on the facts and circumstances of each case. 2011 tax return forms 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. 2011 tax return forms   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. 2011 tax return forms It also must show that it does not engage in exterior maintenance of private homes. 2011 tax return forms   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. 2011 tax return forms Other organizations. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms In addition, you should follow the procedure for obtaining recognition of exempt status described in chapter 1. 2011 tax return forms Submit any additional information that may be required, as described in this section. 2011 tax return forms Tax treatment of donations. 2011 tax return forms   Contributions to labor, agricultural, and horticultural organizations are not deductible as charitable contributions on the donor's federal income tax return. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms In addition, no net earnings of the organization can inure to the benefit of any member. 2011 tax return forms Composition of membership. 2011 tax return forms   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. 2011 tax return forms You must show in your application that your organization has the purposes described in the preceding paragraph. 2011 tax return forms These purposes can be accomplished by a single labor organization acting alone or by several organizations acting together through a separate organization. 2011 tax return forms Benefits to members. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms   For more information on labor organizations, see Life Cycle of a Labor Organization at IRS. 2011 tax return forms gov. 2011 tax return forms 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. 2011 tax return forms For the purpose of these provisions, aquatic resources include only animal or vegetable life, but not mineral resources. 2011 tax return forms The term harvesting, in this case, includes fishing and related pursuits. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms The following list contains some examples of activities that show an agricultural or horticultural purpose. 2011 tax return forms Promoting various cooperative agricultural, horticultural, and civic activities among rural residents by a state, farm, or home bureau. 2011 tax return forms Exhibiting livestock, farm products, and other characteristic features of agriculture and horticulture. 2011 tax return forms 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. 2011 tax return forms Guarding the purity of a specific breed of livestock. 2011 tax return forms Encouraging improvements in the production of fish on privately owned fish farms. 2011 tax return forms Negotiating with processors for the price to be paid to members for their crops. 2011 tax return forms For more information on agricultural or horticultural organizations, see Life Cycle of an Agricultural or Horticultural Organization at IRS. 2011 tax return forms gov. 2011 tax return forms 501(c)(6) - Business Leagues, etc. 2011 tax return forms 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. 2011 tax return forms For a discussion of the procedure to follow, see chapter 1. 2011 tax return forms 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). 2011 tax return forms In addition, your organization must be primarily engaged in activities or functions that are the basis for its exemption. 2011 tax return forms It must be primarily supported by membership dues and other income from activities substantially related to its exempt purpose. 2011 tax return forms 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. 2011 tax return forms Trade associations and professional associations are considered business leagues. 2011 tax return forms Chamber of commerce. 2011 tax return forms   A chamber of commerce usually is composed of the merchants and traders of a city. 2011 tax return forms Board of trade. 2011 tax return forms   A board of trade often consists of persons engaged in similar lines of business. 2011 tax return forms 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. 2011 tax return forms   Chambers of commerce and boards of trade usually promote the common economic interests of all the commercial enterprises in a given trade community. 2011 tax return forms Real estate board. 2011 tax return forms   A real estate board consists of members interested in improving the business conditions in the real estate field. 2011 tax return forms It is not organized for profit and no part of the net earnings inures to the benefit of any private shareholder or individual. 2011 tax return forms Professional football leagues. 2011 tax return forms   The Internal Revenue Code specifically defines professional football leagues as exempt organizations under section 501(c)(6). 2011 tax return forms They are exempt whether or not they administer a pension fund for football players. 2011 tax return forms General purpose. 2011 tax return forms   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. 2011 tax return forms It must be shown that the conditions of a particular trade or the interests of the community will be advanced. 2011 tax return forms 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. 2011 tax return forms Line of business. 2011 tax return forms   This term generally refers either to an entire industry or to all components of an industry within a geographic area. 2011 tax return forms It does not include a group composed of businesses that market a particular brand within an industry. 2011 tax return forms Common business interest. 2011 tax return forms   A common business interest of all members of the organization must be established by the application documents. 2011 tax return forms Examples. 2011 tax return forms   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). 2011 tax return forms Improvement of business conditions. 2011 tax return forms   Generally, this must be shown to be the purpose of the organization. 2011 tax return forms 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. 2011 tax return forms Stock or commodity exchange. 2011 tax return forms   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). 2011 tax return forms Legislative activity. 2011 tax return forms   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. 2011 tax return forms Deduction not allowed for dues used for political or legislative activities. 2011 tax return forms   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. 2011 tax return forms Influencing legislation. 2011 tax return forms Participating or intervening in a political campaign for, or against, any candidate for public office. 2011 tax return forms 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). 2011 tax return forms Communicating directly with certain executive branch officials to try to influence their official actions or positions. 2011 tax return forms See Dues Used for Lobbying or Political Activities under Required Disclosures in chapter 2 for more information. 2011 tax return forms Exception for local legislation. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms De minimis exception. 2011 tax return forms   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. 2011 tax return forms Grass roots lobbying. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms Tax treatment of donations. 2011 tax return forms   Contributions to organizations described in this section are not deductible as charitable contributions on the donor's federal income tax return. 2011 tax return forms They may be deductible as trade or business expenses if ordinary and necessary in the conduct of the taxpayer's business. 2011 tax return forms   For more information on business leagues, see Life Cycle of a Business League (Trade Association) on IRS. 2011 tax return forms gov. 2011 tax return forms 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. 2011 tax return forms In applying for recognition of exemption, you should submit the information described in this section. 2011 tax return forms Also see chapter 1 for the procedures to follow. 2011 tax return forms 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. 2011 tax return forms Discrimination prohibited. 2011 tax return forms   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. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms Private benefit prohibited. 2011 tax return forms   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. 2011 tax return forms For purposes of this requirement, it is not necessary that net earnings be actually distributed. 2011 tax return forms Even undistributed earnings can benefit members. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Purposes. 2011 tax return forms   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. 2011 tax return forms You must show that members are bound together by a common objective of pleasure, recreation, and other nonprofitable purposes. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms   The term other nonprofitable purposes means other purposes similar to pleasure and recreation. 2011 tax return forms 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. 2011 tax return forms Limited membership. 2011 tax return forms   The membership in a social club must be limited. 2011 tax return forms 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. 2011 tax return forms   A social club that issues corporate membership is dealing with the general public in the form of the corporation's employees. 2011 tax return forms Corporate members of a club are not the kind of members contemplated by the law. 2011 tax return forms Gross receipts from these members would be a factor in determining whether the club qualifies as a social club. 2011 tax return forms See Gross receipts from nonmembership sources , later. 2011 tax return forms Bona fide individual memberships paid for by a corporation would not have an effect on the gross receipts source. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms Support. 2011 tax return forms   In general, your club should be supported solely by membership fees, dues, and assessments. 2011 tax return forms 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. 2011 tax return forms Business activities. 2011 tax return forms   If your club will engage in business, such as selling real estate, timber, or other products or services, it generally will be denied exemption. 2011 tax return forms 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. 2011 tax return forms Facilities open to public. 2011 tax return forms   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. 2011 tax return forms This does not mean, however, that any dealing with outsiders will automatically deprive a club of exemption. 2011 tax return forms Gross receipts from nonmembership sources. 2011 tax return forms   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. 2011 tax return forms Income from nontraditional business activity with members is not exempt function income, and thus is included as income from sources outside of the membership. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Gross receipts. 2011 tax return forms   Gross receipts, for this purpose, are receipts from the normal and usual (traditionally conducted) activities of the club. 2011 tax return forms These receipts include charges, admissions, membership fees, dues, assessments, investment income, and normal recurring capital gains on investments. 2011 tax return forms Receipts do not include initiation fees and capital contributions. 2011 tax return forms 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. 2011 tax return forms Nontraditional activities. 2011 tax return forms   Activities conducted by a social club need to further its exempt purposes. 2011 tax return forms Traditional business activities are those that further a social club's exempt purposes. 2011 tax return forms Nontraditional business activities do not further the exempt purposes of a social club even if conducted solely on a membership basis. 2011 tax return forms Nontraditional business activities are prohibited (subject to an insubstantial, trivial, and nonrecurrent test) for businesses conducted with both members and nonmembers. 2011 tax return forms Examples of nontraditional business activities include sale of package liquor, take-out food, and long-term room rental. 2011 tax return forms Fraternity foundations. 2011 tax return forms   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. 2011 tax return forms Tax treatment of donations. 2011 tax return forms   Donations to exempt social and recreation clubs are not deductible as charitable contributions on the donor's federal income tax return. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms , purposes. 2011 tax return forms The procedures to follow in applying for recognition of exemption are described in chapter 1. 2011 tax return forms 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. 2011 tax return forms If so, your organization need not apply for individual recognition of exemption. 2011 tax return forms For more information, see Group Exemption Letter in chapter 1 of this publication. 2011 tax return forms Tax treatment of donations. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Lodge system. 2011 tax return forms   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. 2011 tax return forms Payment of benefits. 2011 tax return forms   It is not essential that every member be covered by the society's program of sick, accident, or death benefits. 2011 tax return forms 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. 2011 tax return forms   The benefits must be limited to members and their dependents. 2011 tax return forms If members will have the ability to confer benefits to other than themselves and their dependents, exemption will not be recognized. 2011 tax return forms Whole-life insurance. 2011 tax return forms   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. 2011 tax return forms Reinsurance pool. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms The application and accompanying statements should establish that the organization: Is a domestic fraternal organization organized in the U. 2011 tax return forms S. 2011 tax return forms , 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. 2011 tax return forms The organization can arrange with insurance companies to provide optional insurance to its members without jeopardizing its exempt status. 2011 tax return forms 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. 2011 tax return forms Both the application form to file and the information to provide are discussed later under the section that describes your employee association. 2011 tax return forms Chapter 1 describes the procedures to follow in applying for exemption. 2011 tax return forms Tax treatment of donations. 2011 tax return forms   Donations to these organizations are not deductible as charitable contributions on the donor's federal income tax return. 2011 tax return forms 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. 2011 tax return forms A local employees' association must apply for recognition of exemption by filing Form 1024. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Note. 2011 tax return forms 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. 2011 tax return forms Notice requirement. 2011 tax return forms   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. 2011 tax return forms The organization gives notice by filing Form 1024. 2011 tax return forms 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. 2011 tax return forms 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 . 2011 tax return forms Membership. 2011 tax return forms   Membership of a section 501(c)(9) organization must consist of individuals who are employees and have an employment-related common bond. 2011 tax return forms 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. 2011 tax return forms   The membership of an association can include some individuals who are not employees, provided they have an employment-related bond with the employee-members. 2011 tax return forms For example, the owner of a business whose employees are members of the association can be a member. 2011 tax return forms 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. 2011 tax return forms Employees. 2011 tax return forms   Employees include individuals who became entitled to membership because they are or were employees. 2011 tax return forms 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. 2011 tax return forms   Generally, membership is voluntary if an affirmative act is required on the part of an employee to become a member. 2011 tax return forms Conversely, membership is involuntary if the designation as a member is due to employee status. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Payment of benefits. 2011 tax return forms   The information submitted with your application must show that your organization will pay life, sick, accident, supplemental unemployment, or other similar benefits. 2011 tax return forms 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). 2011 tax return forms Benefits can be in the form of medical, clinical, or hospital services, transportation furnished for medical care, or money payments. 2011 tax return forms Nondiscrimination requirements. 2011 tax return forms   An organization that is part of a plan will not be exempt unless the plan meets certain nondiscrimination requirements. 2011 tax return forms 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. 2011 tax return forms   A plan meets the nondiscrimination requirements only if both of the following statements are true. 2011 tax return forms 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. 2011 tax return forms The benefits provided under each class of benefits do not discriminate in favor of highly compensated individuals. 2011 tax return forms 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. 2011 tax return forms   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. 2011 tax return forms This will not apply to any increase in such payment by any plan amendment adopted after June 22, 1984. 2011 tax return forms   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. 2011 tax return forms The benefit will be considered nondiscriminatory only if it meets the nondiscrimination provision of the applicable Code section. 2011 tax return forms 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). 2011 tax return forms Excluded employees. 2011 tax return forms   Certain employees who are not covered by a plan can be excluded from consideration in applying these requirements. 2011 tax return forms 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. 2011 tax return forms Highly compensated individual. 2011 tax return forms   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. 2011 tax return forms Go to IRS. 2011 tax return forms gov, and search “Pension Plan Limitation” for the year), and Was among the top 20% of employees by compensation for the preceding year. 2011 tax return forms However, the employer can choose not to have (3) apply. 2011 tax return forms Aggregation rules. 2011 tax return forms   The employer can choose to treat two or more plans as one plan for purposes of meeting the nondiscrimination requirements. 2011 tax return forms 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. 2011 tax return forms Leased employees are treated as employees of the recipient. 2011 tax return forms One employee. 2011 tax return forms   A trust created to provide benefits to one employee will not qualify as a voluntary employees' beneficiary association under section 501(c)(9). 2011 tax return forms 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. 2011 tax return forms The trust must be a valid, existing trust under local law and must be evidenced by an executed document. 2011 tax return forms A conformed copy of the plan of which the trust is a part should be attached to the application. 2011 tax return forms 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. 2011 tax return forms Note. 2011 tax return forms 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. 2011 tax return forms Notice requirement. 2011 tax return forms   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. 2011 tax return forms The organization gives notice by filing Form 1024. 2011 tax return forms 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. 2011 tax return forms 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 . 2011 tax return forms Types of payments. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms Diversion of funds. 2011 tax return forms   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). 2011 tax return forms Discrimination in benefits. 2011 tax return forms   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. 2011 tax return forms However, a plan is not discriminatory merely because benefits bear a uniform relationship to compensation or the rate of compensation. 2011 tax return forms Prohibited transactions and exemption. 2011 tax return forms   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. 2011 tax return forms It must file the claim on Form 1024. 2011 tax return forms The organization must include a written declaration that it will not knowingly again engage in a prohibited transaction. 2011 tax return forms An authorized principal officer of your organization must make this declaration under the penalties of perjury. 2011 tax return forms   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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms For more information about the requirements for reestablishing an exemption previously denied, contact the IRS. 2011 tax return forms 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. 2011 tax return forms Benevolent life insurance associations of a purely local character and like organizations. 2011 tax return forms Mutual ditch or irrigation companies and like organizations. 2011 tax return forms Mutual or cooperative telephone companies and like organizations. 2011 tax return forms A like organization is an organization that performs a service comparable to that performed by any one of the above organizations. 2011 tax return forms The information to be provided upon application by each of these organizations is described in this section. 2011 tax return forms For information as to the procedures to follow in applying for exemption, see chapter 1. 2011 tax return forms General requirements. 2011 tax return forms   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. 2011 tax return forms They must collect at least 85% of their income from members for the sole purpose of meeting losses and expenses. 2011 tax return forms Mutual character. 2011 tax return forms   These organizations, other than benevolent life insurance associations, must be organized and operated on a mutual or cooperative basis. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms   The rights and interests of members in the annual savings of the organization must be determined in proportion to their business with the organization. 2011 tax return forms 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. 2011 tax return forms The bylaws must not provide for forfeiture of a member's rights and interest upon withdrawal or termination. 2011 tax return forms Membership. 2011 tax return forms   Membership of a mutual organization consists of those who join the organization to obtain its services, and have a voice in its management. 2011 tax return forms In a stock company, the stockholders are members. 2011 tax return forms However, a mutual life insurance organization cannot have policyholders other than its members. 2011 tax return forms Losses and expenses. 2011 tax return forms   In furnishing services substantially at cost, an organization must use its income solely for paying losses and expenses. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Distributions of proceeds. 2011 tax return forms   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. 2011 tax return forms Such distribution represents a refund in the costs of services rendered to the member. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Mutual or cooperative telephone company. 2011 tax return forms   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. 2011 tax return forms Mutual or cooperative electric company. 2011 tax return forms   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. 2011 tax return forms   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. 2011 tax return forms Qualified pole rental. 2011 tax return forms   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. 2011 tax return forms   The term rental, for this purpose, includes any sale of the right to use the pole (or other structure). 2011 tax return forms The 85% requirement is applied on the basis of an annual accounting period. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Because the 85% income test is based on gross income, capital losses cannot be used to reduce capital gains for purposes of this test. 2011 tax return forms Example. 2011 tax return forms   The books of an organization reflect the following for the calendar year. 2011 tax return forms 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. 2011 tax return forms   Voluntary contributions in the nature of gifts are not taken into account for purposes of the 85% computation. 2011 tax return forms   Other tax-exempt income besides gifts is considered as income received from other than members in applying the 85% test. 2011 tax return forms   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. 2011 tax return forms Tax treatment of donations. 2011 tax return forms   Donations to an organization described in this section are not deductible as charitable contributions on the donor's federal income tax return. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms If the activities of an organization are limited only by the borders of a state, it cannot be purely local in character. 2011 tax return forms 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. 2011 tax return forms A copy of each type of policy issued by your organization should be included with the application for recognition of exemption. 2011 tax return forms Organizations similar to local benevolent life insurance companies. 2011 tax return forms   These organizations include those that in addition to paying death benefits also provide for the payment of sick, accident, or health benefits. 2011 tax return forms 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. 2011 tax return forms Burial and funeral benefit insurance organization. 2011 tax return forms   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. 2011 tax return forms An organization that provides its benefits in the form of supplies and service is not a life insurance company. 2011 tax return forms Such an organization can seek recognition of exemption from federal income tax, however, as a mutual insurance company other than life. 2011 tax return forms 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. 2011 tax return forms They can serve noncontiguous areas. 2011 tax return forms Like organization. 2011 tax return forms   A like organization is a cooperative or mutual organization that performs a service similar to mutual ditch, irrigation, telephone, or electric companies. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms For the procedure to follow to file an application, see Application, Approval, and Appeal Procedures in chapter 1. 2011 tax return forms 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. 2011 tax return forms A mutual cemetery company that also engages in charitable activities, such as the burial of paupers, will be regarded as operating within this standard. 2011 tax return forms 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. 2011 tax return forms 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. 2011 tax return forms Operating a mortuary is not permitted. 2011 tax return forms 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. 2011 tax return forms How income can be used. 2011 tax return forms   You should show that your organization's earnings are or will be used only in one or more of the following ways. 2011 tax return forms To pay the ordinary and necessary expenses of operating, maintaining, and improving the cemetery or crematorium. 2011 tax return forms To buy cemetery property. 2011 tax return forms 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. 2011 tax return forms No part of the net earnings of your organization can inure to the benefit of any private shareholder or individual. 2011 tax return forms 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. 2011 tax return forms Buying cemetery property. 2011 tax return forms   Payments can be made to amortize debt incurred to buy land, but cannot be in the nature of profit distributions. 2011 tax return forms 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. 2011 tax return forms   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. 2011 tax return forms Therefore, if property is transferred to the organization in exchange for an interest in the organization's net earnings, the organization will not