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Amended Tax Return For 2012

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Amended Tax Return For 2012

Amended tax return for 2012 Listed Property Table of Contents Topics - This chapter discusses: Useful Items - You may want to see: Listed Property DefinedPassenger Automobile Defined Dwelling Unit Other Property Used for Transportation Computers and Related Peripheral Equipment Predominant Use TestMeeting the Predominant Use Test Qualified Business Use Method of Allocating Use Applying the Predominant Use Test Deductions After Recovery Period Leased PropertyLessor Lessee What Records Must Be KeptAdequate Records Reporting Information on Form 4562 Deductions in Later Years Appendix Topics - This chapter discusses: Listed property defined The predominant use test What records must be kept Useful Items - You may want to see: Publication 463 Travel, Entertainment, and Gift Expenses 587 Business Use of Your Home (Including Use by Day-Care Providers) 917 Business Use of a Car 946 How To Depreciate Property Form (and Instructions) 2106–EZ Unreimbursed Employee Business Expenses 2106 Employee Business Expenses 4255 Recapture of Investment Credit 4562 Depreciation and Amortization This chapter discusses some special rules and recordkeeping requirements for listed property. Amended tax return for 2012 For complete coverage of the rules, including the rules concerning passenger automobiles, see Publication 946. Amended tax return for 2012 If listed property is not used predominantly (more than 50%) in a qualified business use as discussed inPredominant Use Test, later, the section 179 deduction is not allowable and the property must be depreciated using the straight line method. Amended tax return for 2012 Listed Property Defined Listed property is any of the following: Any passenger automobile (defined later), Any other property used for transportation, Any property of a type generally used for entertainment, recreation, or amusement (including photographic, phonographic, communication, and video recording equipment), Any computer and related peripheral equipment, defined later, unless it is used only at a regular business establishment and owned or leased by the person operating the establishment. Amended tax return for 2012 A regular business establishment includes a portion of a dwelling unit (defined later), if, and only if, that portion is used both regularly and exclusively for business as discussed in Publication 587. Amended tax return for 2012 Any cellular telephone (or similar telecommunication equipment) placed in service or leased in a tax year beginning after 1989. Amended tax return for 2012 Passenger Automobile Defined A passenger automobile is any four-wheeled vehicle made primarily for use on public streets, roads, and highways and rated at 6,000 pounds or less of unloaded gross vehicle weight (at 6,000 pounds or less of gross vehicle weight for trucks and vans). Amended tax return for 2012 It includes any part, component, or other item physically attached to the automobile or usually included in the purchase price of an automobile. Amended tax return for 2012 A passenger automobile does not include: An ambulance, hearse, or combination ambulance-hearse used directly in a trade or business, and A vehicle used directly in the trade or business of transporting persons or property for compensation or hire. Amended tax return for 2012 Dwelling Unit A dwelling unit is a house or apartment used to provide living accommodations in a building or structure. Amended tax return for 2012 It does not include a unit in a hotel, motel, inn, or other establishment where more than half the units are used on a transient basis. Amended tax return for 2012 Other Property Used for Transportation Other property used for transportation includes trucks, buses, boats, airplanes, motorcycles, and any other vehicles for transporting persons or goods. Amended tax return for 2012 Listed property does not include: Any vehicle which, by reason of its design, is not likely to be used more than a minimal amount for personal purposes, such as clearly marked police and fire vehicles, ambulances, or hearses used for those purposes, Any vehicle that is designed to carry cargo and that has a loaded gross vehicle weight over 14,000 pounds, bucket trucks (cherry pickers), cement mixers, combines, cranes and derricks, delivery trucks with seating only for the driver (or only for the driver plus a folding jump seat), dump trucks (including garbage trucks), flatbed trucks, forklifts, qualified moving vans, qualified specialized utility repair trucks, and refrigerated trucks, Any passenger bus used for that purpose with a capacity of at least 20 passengers and school buses, Any tractor or other special purpose farm vehicle, and unmarked vehicles used by law enforcement officers if the use is officially authorized, and Any vehicle, such as a taxicab, if substantially all its use is in the trade or business of providing services to transport persons or property for compensation or hire by unrelated persons. Amended tax return for 2012 Computers and Related Peripheral Equipment A computer is a programmable electronically activated device that: Is capable of accepting information, applying prescribed processes to the information, and supplying the results of those processes with or without human intervention, and Consists of a central processing unit with extensive storage, logic, arithmetic, and control capabilities. Amended tax return for 2012 Related peripheral equipment is any auxiliary machine which is designed to be controlled by the central processing unit of a computer. Amended tax return for 2012 Computer or peripheral equipment does not include: Any equipment which is an integral part of property which is not a computer, Typewriters, calculators, adding and accounting machines, copiers, duplicating equipment, and similar equipment, and Equipment of a kind, used primarily for the user's amusement or entertainment, such as video games. Amended tax return for 2012 Predominant Use Test If “listed property,” defined earlier, placed in service after June 18, 1984, is not used predominantly (more than 50%) in a qualified business use during any tax year: The section 179 deduction on the property is not allowable, and You must depreciate the property using the straight line method. Amended tax return for 2012 Listed property placed in service before 1987. Amended tax return for 2012   For listed property placed in service before 1987, depreciate the property over the following period: Class of Property Listed Property Recovery Period 3-year property 5 years 5-year property 12 years 10-year property 25 years 18-year real property 40 years 19-year real property 40 years If you must use the above recovery periods for listed property not used predominantly in a trade or business, use the percentages from Table 16 titled Listed Property Not Used Predominantly (Other Than 18- or 19-year Real Property), and Table 17 for 18- or 19-year real property, near the end of this publication in the Appendix. Amended tax return for 2012 Listed property placed in service after 1986. Amended tax return for 2012   For information on listed property placed in service after 1986, see Publication 946. Amended tax return for 2012 Meeting the Predominant Use Test Listed property meets the predominant use test for any tax year if its business use is more than 50% of its total use. Amended tax return for 2012 You must allocate the use of any item of listed property used for more than one purpose during the tax year among its various uses. Amended tax return for 2012 The percentage of investment use of listed property cannot be used as part of the percentage of qualified business use to meet the predominant use test. Amended tax return for 2012 However, the combined total of business and investment use is taken into account to figure your depreciation deduction for the property. Amended tax return for 2012 Note: Property does not stop being predominantly used in a qualified business use because of a transfer at death. Amended tax return for 2012 Example. Amended tax return for 2012 Sarah Bradley uses a home computer 50% of the time to manage her investments. Amended tax return for 2012 She also uses the computer 40% of the time in her part-time consumer research business. Amended tax return for 2012 Sarah's home computer is listed property because it is not used at a regular business establishment. Amended tax return for 2012 Because her business use of the computer does not exceed 50%, the computer is not predominantly used in a qualified business use for the tax year. Amended tax return for 2012 Because she does not meet the predominant use test, she cannot elect a section 179 deduction for this property. Amended tax return for 2012 Her combined rate of business/investment use for determining her depreciation deduction is 90%. Amended tax return for 2012 Qualified Business Use A qualified business use is any use in your trade or business. Amended tax return for 2012 However, it does not include: The use of property held merely to produce income (investment use), The leasing of property to any 5% owner or related person (to the point that the property is used by a 5% owner or person related to the owner or lessee of the property), The use of property as compensation for the performance of services by a 5% owner or related person, or The use of property as compensation for the performance of services by any person (other than a5% owner or related person) unless the value of the use is included in that person's gross income for the use of the property and income tax is withheld on that amount where required. Amended tax return for 2012 See Employees, later. Amended tax return for 2012 5% owner. Amended tax return for 2012   A 5% owner of a business, other than a corporation, is any person who owns more than 5% of the capital or profits interest in the business. Amended tax return for 2012   A 5% owner of a corporation is any person who owns, or is considered to own: More than 5% of the outstanding stock of the corporation, or Stock possessing more than 5% of the total combined voting power of all stock in the corporation. Amended tax return for 2012 Related person. Amended tax return for 2012   A related person is anyone related to a taxpayer as discussed under Related persons, in chapter 2 under Nonqualifying Property in Publication 946. Amended tax return for 2012 Entertainment Use The use of listed property for entertainment, recreation, or amusement purposes is treated as a qualified business use only to the extent that expenses (other than interest and property tax expenses) for its use are deductible as ordinary and necessary business expenses. Amended tax return for 2012 See Publication 463. Amended tax return for 2012 Leasing or Compensatory Use of Aircraft If at least 25% of the total use of any aircraft during the tax year is for a qualified business use, the leasing or compensatory use of the aircraft by a 5% owner or related person is treated as a qualified business use. Amended tax return for 2012 Commuting The use of a vehicle for commuting is not business use, regardless of whether work is performed during the trip. Amended tax return for 2012 Use of Your Passenger Automobile by Another Person If someone else uses your automobile, that use is not business use unless: That use is directly connected with your business, The value of the use is property reported by you as income to the other person and tax is withheld on the income where required, or The value of the use results in a payment of fair market rent. Amended tax return for 2012 Any payment to you for the use of the automobile is treated as a rent payment for 3). Amended tax return for 2012 Employees Any use by an employee of his or her own listed property (or listed property rented by an employee) in performing services as an employee is not business use unless: The use is for the employer's convenience, and The use is required as a condition of employment. Amended tax return for 2012 Use for the employer's convenience. Amended tax return for 2012   Whether the use of listed property is for the employer's convenience must be determined from all the facts. Amended tax return for 2012 The use is for the employer's convenience if it is for a substantial business reason of the employer. Amended tax return for 2012 The use of listed property during the employee's regular working hours to carry on the employer's business is generally for the employer's convenience. Amended tax return for 2012 Use required as a condition of employment. Amended tax return for 2012   Whether the use of listed property is a condition of employment depends on all the facts and circumstances. Amended tax return for 2012 The use of property must be required for the employee to perform duties properly. Amended tax return for 2012 The employer need not explicitly require the employee to use the property. Amended tax return for 2012 A mere statement by the employer that the use of the property is a condition of employment is not sufficient. Amended tax return for 2012 Example 1. Amended tax return for 2012 Virginia Sycamore is employed as a courier with We Deliver which provides local courier services. Amended tax return for 2012 She owns and uses a motorcycle to deliver packages to downtown offices. Amended tax return for 2012 We Deliver explicitly requires all delivery persons to own a small car or motorcycle for use in their employment. Amended tax return for 2012 The company reimburses delivery persons for their costs. Amended tax return for 2012 Virginia's use of the motorcycle is for the convenience of We Deliver and is required as a condition of employment. Amended tax return for 2012 Example 2. Amended tax return for 2012 Bill Nelson is an inspector for Uplift, a construction company with many sites in the local area. Amended tax return for 2012 He must travel to these sites on a regular basis. Amended tax return for 2012 Uplift does not furnish an automobile or explicitly require him to use his own automobile. Amended tax return for 2012 However, it reimburses him for any costs he incurs in traveling to the various sites. Amended tax return for 2012 The use of his own automobile or a rental automobile is for the convenience of Uplift and is required as a condition of employment. Amended tax return for 2012 Method of Allocating Use For passenger automobiles and other means of transportation, allocate the property's use on the basis of mileage. Amended tax return for 2012 You determine the percentage of qualified business use by dividing the number of miles the vehicle is driven for business purposes during the year by the total number of miles the vehicle is driven for all purposes (including business miles) during the year. Amended tax return for 2012 For other items of listed property, allocate the property's use on the basis of the most appropriate unit of time. Amended tax return for 2012 For example, you can determine the percentage of business use of a computer by dividing the number of hours the computer is used for business purposes during the year by the total number of hours the computer is used for all purposes (including business hours) during the year. Amended tax return for 2012 Applying the Predominant Use Test You must apply the predominant use test for an item of listed property each year of the recovery period. Amended tax return for 2012 First Recovery Year If any item of listed property is not used predominantly in a qualified business use in the year it is placed in service: The property is not eligible for a section 179 deduction, and The depreciation deduction must be figured using the straight line method. Amended tax return for 2012 Note: The required use of the straight line method for an item of listed property that does not meet the predominant use test is not the same as electing the straight line method. Amended tax return for 2012 It does not mean that you have to use the straight line method for other property in the same class as the item of listed property. Amended tax return for 2012 Years After the First Recovery Year If you use listed property predominantly (more than 50%) in a qualified business use in the tax year you place it in service, but not in a subsequent tax year during the recovery period, the following rules apply: Figure depreciation using the straight line method. Amended tax return for 2012 Do this for each year, beginning with the year you no longer use the property predominantly in a qualified business use, and Figure any excess depreciation on the property and add it to: Your gross income, and The adjusted basis of your property. Amended tax return for 2012 See Recapture of excess depreciation, next. Amended tax return for 2012 Recapture of excess depreciation. Amended tax return for 2012   You must include any excess depreciation in your gross income for the first tax year the property is not predominantly used in a qualified business use. Amended tax return for 2012 Any excess depreciation must also be added to the adjusted basis of your property. Amended tax return for 2012 Excess depreciation is the excess (if any) of: The amount of depreciation allowable for the property (including any section 179 deduction claimed) for tax years before the first tax year the property was not predominantly used in a qualified business use, over The amount of depreciation that would have been allowable for those years if the property were not used predominantly in a qualified business use for the year it was placed in service. Amended tax return for 2012 This means you figure your depreciation using the percentages fromTable 16 or 17. Amended tax return for 2012 For information on investment credit recapture, see the instructions for Form 4255. Amended tax return for 2012 Deductions After Recovery Period When listed property (other than passenger automobiles) is used for business, investment, and personal purposes, no deduction is ever allowable for the personal use. Amended tax return for 2012 In tax years after the recovery period, you must determine if there is any unrecovered basis remaining before you compute the depreciation deduction for that tax year. Amended tax return for 2012 To make this determination, figure the depreciation for earlier tax years as if your property were used 100% for business or investment purposes, beginning with the first tax year in which some or all use is for business or investment. Amended tax return for 2012 See Car Used 50% or Less for Business in Publication 917. Amended tax return for 2012 Leased Property The limitations on cost recovery deductions apply to the rental of listed property. Amended tax return for 2012 The following discussion covers the rules that apply to the lessor (the owner of the property) and the lessee (the person who rents the property from the owner). Amended tax return for 2012 SeeLeasing a Car in Publication 917 for a discussion of leased passenger automobiles. Amended tax return for 2012 Lessor The limitations on cost recovery generally do not apply to any listed property leased or held for leasing by anyone regularly engaged in the business of leasing listed property. Amended tax return for 2012 A person is considered regularly engaged in the business of leasing listed property only if contracts for leasing of listed property are entered into with some frequency over a continuous period of time. Amended tax return for 2012 This determination is made on the basis of the facts and circumstances in each case and takes into account the nature of the person's business in its entirety. Amended tax return for 2012 Occasional or incidental leasing activity is insufficient. Amended tax return for 2012 For example, a person leasing only one passenger automobile during a tax year is not regularly engaged in the business of leasing automobiles. Amended tax return for 2012 An employer who allows an employee to use the employer's property for personal purposes and charges the employee for the use is not regularly engaged in the business of leasing the property used by the employee. Amended tax return for 2012 Lessee A lessee of listed property (other than passenger automobiles), must include an amount in gross income called the inclusion amount for the first tax year the property is not used predominantly in a qualified business use. Amended tax return for 2012 Inclusion amount for property leased before 1987. Amended tax return for 2012   You determine the inclusion amount for property leased after June 18, 1984 and before 1987 by multiplying the fair market value of the property by both the average business/investment use percentage and the applicable percentage. Amended tax return for 2012 You can find the applicable percentages for listed property that is 5- or 10-year recovery property in Tables 19 or 20 in Appendix A of Publication 946. Amended tax return for 2012   The lease term for listed property other than 18- or 19-year real property, and residential rental or nonresidential real property, includes options to renew. Amended tax return for 2012 For 18- or 19-year real property and residential rental or nonresidential real property that is listed property, the period of the lease does not include any option to renew at fair market value, determined at the time of renewal. Amended tax return for 2012 You treat two or more successive leases that are part of the same transaction (or a series of related transactions) for the same or substantially similar property as one lease. Amended tax return for 2012 Special rules. Amended tax return for 2012   The lessee adds the inclusion amount to gross income in the next tax year if: The lease term begins within 9 months before the close of the lessee's tax year, The lessee does not use the property predominantly in a qualified business use during that portion of the tax year, and The lease term continues into the lessee's next tax year. Amended tax return for 2012 The lessee determines the inclusion amount by taking into account the average of the business/investment use for both tax years and the applicable percentage for the tax year the lease term begins. Amended tax return for 2012   If the lease term is less than one year, the amount included in gross income is the amount that bears the same ratio to the additional inclusion amount as the number of days in the lease term bears to 365. Amended tax return for 2012 Maximum inclusion amount. Amended tax return for 2012   The inclusion amount cannot be more than the sum of the deductible amounts of rent allocable to the lessee's tax year in which the amount must be included in gross income. Amended tax return for 2012 What Records Must Be Kept You cannot take any depreciation or section 179 deduction for the use of listed property (including passenger automobiles) unless you can prove business/investment use with adequate records or sufficient evidence to support your own statements. Amended tax return for 2012 How long to keep records. Amended tax return for 2012   For listed property, records must be kept for as long as any excess depreciation can be recaptured (included in income). Amended tax return for 2012 Adequate Records To meet the adequate records requirement, you must maintain an account book, diary, log, statement of expense, trip sheet, or similar record or other documentary evidence that, together with the receipt, is sufficient to establish each element of an expenditure or use. Amended tax return for 2012 It is not necessary to record information in an account book, diary, or similar record if the information is already shown on the receipt. Amended tax return for 2012 However, your records should back up your receipts in an orderly manner. Amended tax return for 2012 Elements of Expenditure or Use The records or other documentary evidence must support: The amount of each separate expenditure, such as the cost of acquiring the item, maintenance and repair costs, capital improvement costs, lease payments, and any other expenses, The amount of each business and investment use (based on an appropriate measure, such as mileage for vehicles and time for other listed property), and the total use of the property for the tax year, The date of the expenditure or use, and The business or investment purpose for the expenditure or use. Amended tax return for 2012 Written documents of your expenditure or use are generally better evidence than oral statements alone. Amended tax return for 2012 A written record prepared at or near the time of the expenditure or use has greater value as proof of the expenditure or use. Amended tax return for 2012 A daily log is not required. Amended tax return for 2012 However, some type of record containing the elements of an expenditure or the business or investment use of listed property made at or near the time and backed up by other documents is preferable to a statement prepared later. Amended tax return for 2012 Timeliness The elements of an expenditure or use must be recorded at the time you have full knowledge of the elements. Amended tax return for 2012 An expense account statement made from an account book, diary, or similar record prepared or maintained at or near the time of the expenditure or use is generally considered a timely record if in the regular course of business: The statement is submitted by an employee to the employer, or The statement is submitted by an independent contractor to the client or customer. Amended tax return for 2012 For example, a log maintained on a weekly basis, which accounts for use during the week, will be considered a record made at or near the time of use. Amended tax return for 2012 Business Purpose Supported An adequate record of business purpose must generally be in the form of a written statement. Amended tax return for 2012 However, the amount of backup necessary to establish a business purpose depends on the facts and circumstances of each case. Amended tax return for 2012 A written explanation of the business purpose will not be required if the purpose can be determined from the surrounding facts and circumstances. Amended tax return for 2012 For example, a salesperson visiting customers on an established sales route will not normally need a written explanation of the business purpose of his or her travel. Amended tax return for 2012 Business Use Supported An adequate record contains enough information on each element of every business or investment use. Amended tax return for 2012 The amount of detail required to support the use depends on the facts and circumstances. Amended tax return for 2012 For example, a taxpayer whose only business use of a truck is to make customer deliveries on an established route can satisfy the requirement by recording the length of the route, including the total number of miles driven during the tax year and the date of each trip at or near the time of the trips. Amended tax return for 2012 Although an adequate record generally must be written, a record of the business use of listed property, such as a computer or automobile, can be prepared in a computer memory device using a logging program. Amended tax return for 2012 Separate or Combined Expenditures or Uses Each use by you is normally considered a separate use. Amended tax return for 2012 However, repeated uses can be combined as a single item. Amended tax return for 2012 Each expenditure is recorded as a separate item and not combined with other expenditures. Amended tax return for 2012 If you choose, however, amounts spent for the use of listed property during a tax year, such as for gasoline or automobile repairs, can be combined. Amended tax return for 2012 If these expenses are combined, you do not need to support the business purpose of each expense. Amended tax return for 2012 Instead, you can divide the expenses based on the total business use of the listed property. Amended tax return for 2012 Uses which can be considered part of a single use, such as a round trip or uninterrupted business use, can be accounted for by a single record. Amended tax return for 2012 For example, use of a truck to make deliveries at several locations which begin and end at the business premises and can include a stop at the business in between deliveries can be accounted for by a single record of miles driven. Amended tax return for 2012 Use of a passenger automobile by a salesperson for a business trip away from home over a period of time can be accounted for by a single record of miles traveled. Amended tax return for 2012 Minimal personal use (such as a stop for lunch between two business stops) is not an interruption of business use. Amended tax return for 2012 Confidential Information If any of the information on the elements of an expenditure or use is confidential, it does not need to be in the account book or similar record if it is recorded at or near the time of the expenditure or use. Amended tax return for 2012 It must be kept elsewhere and made available as support to the district director on request. Amended tax return for 2012 Substantial Compliance If you have not fully supported a particular element of an expenditure or use, but have complied with the adequate records requirement for the expenditure or use to the district director's satisfaction, you can establish this element by any evidence the district director deems adequate. Amended tax return for 2012 If you fail to establish that you have substantially complied with the adequate records requirement for an element of an expenditure or use to the district director's satisfaction, you must establish the element: By your own oral or written statement containing detailed information as to the element, and By other evidence sufficient to establish the element. Amended tax return for 2012 If the element is the cost or amount, time, place, or date of an expenditure or use, its supporting evidence must be direct, such as oral testimony by witnesses or a written statement setting forth detailed information about the element or the documentary evidence. Amended tax return for 2012 If the element is the business purpose of an expenditure, its supporting evidence can be circumstantial evidence. Amended tax return for 2012 Sampling You can maintain an adequate record for portions of a tax year and use that record to support your business and investment use for the entire tax year if it can be shown by other evidence that the periods for which an adequate record is maintained are representative of use throughout the year. Amended tax return for 2012 Loss of Records When you establish that failure to produce adequate records is due to loss of the records through circumstances beyond your control, such as through fire, flood, earthquake, or other casualty, you have the right to support a deduction by reasonable reconstruction of your expenditures and use. Amended tax return for 2012 Reporting Information on Form 4562 If you claim a deduction for any listed property, you must provide the requested information on page 2, Section B of Form 4562. Amended tax return for 2012 If you claim a deduction for any vehicle, you must answer certain questions onpage 2 of Form 4562 to provide information about the vehicle use. Amended tax return for 2012 Employees. Amended tax return for 2012   Employees claiming the standard mileage rate or actual expenses (including depreciation) must use Form 2106 instead of Part V of Form 4562. Amended tax return for 2012 Employees claiming the standard mileage rate may be able to use Form 2106–EZ. Amended tax return for 2012 Employer who provides vehicles to employees. Amended tax return for 2012   An employer who provides vehicles to employees must obtain enough information from those employees to provide the requested information onForm 4562. Amended tax return for 2012   An employer who provides more than five vehicles to employees need not include any information on his or her tax return. Amended tax return for 2012 Instead, the employer must obtain the information from his or her employees and indicate on his or her return that the information was obtained and is being retained. Amended tax return for 2012   You do not need to provide the information requested on page 2 of Form 4562 if, as an employer: You can satisfy the requirements of a written policy statement for vehicles either not used for personal purposes, or not used for personal purposes other than commuting, or You treat all vehicle use by employees as personal use. Amended tax return for 2012 See the instructions for Form 4562. Amended tax return for 2012 Deductions in Later Years When listed property is used for business, investment, and personal purposes, no deduction is allowable for its personal use either in the current year or any later tax year. Amended tax return for 2012 In later years, you must determine if there is any remaining unadjusted or unrecovered basis before you compute the depreciation deduction for that tax year. Amended tax return for 2012 In making this determination, figure the depreciation deductions for earlier tax years as if the listed property were used 100% for business or investment purposes in those years, beginning with the first tax year in which some or all of the property use is for business or investment. Amended tax return for 2012 For more information about deductions after the recovery period for automobiles, see Publication 917. Amended tax return for 2012 Appendix The following tables are for use in figuring depreciation deductions under the ACRS system. Amended tax return for 2012 Table 1. Amended tax return for 2012 15-Year Real Property* (Other Than Low-Inclome Housing) Table 3. Amended tax return for 2012 Low-Income Housing* Table 6 - Table 9 Table 6 - Table 9 Table 10 - Table 13 Table 14 - Table 17 Prev  Up  Next   Home   More Online Publications
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The Amended Tax Return For 2012

Amended tax return for 2012 4. Amended tax return for 2012   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. Amended tax return for 2012 Line of business. Amended tax return for 2012 Examples. Amended tax return for 2012 Improvement of business conditions. Amended tax return for 2012 Exception for local legislation. Amended tax return for 2012 De minimis exception. Amended tax return for 2012 Grass roots lobbying. Amended tax return for 2012 501(c)(7) - Social and Recreation ClubsLimited membership. Amended tax return for 2012 Support. Amended tax return for 2012 Facilities open to public. Amended tax return for 2012 Gross receipts from nonmembership sources. Amended tax return for 2012 Gross receipts. Amended tax return for 2012 Nontraditional activities. Amended tax return for 2012 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. Amended tax return for 2012 Losses and expenses. Amended tax return for 2012 Distributions of proceeds. Amended tax return for 2012 The 85% Requirement Local Life Insurance Associations Mutual or Cooperative Associations 501(c)(13) - Cemetery CompaniesBuying cemetery property. Amended tax return for 2012 Perpetual care organization. Amended tax return for 2012 Care of individual plots. Amended tax return for 2012 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. Amended tax return for 2012 501(c)(2) - Title-Holding Corporations for Single Parent CorporationsExpenses. Amended tax return for 2012 Waiver of payment of income. Amended tax return for 2012 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). Amended tax return for 2012 Section 501(c)(3) organizations are covered in chapter 3 of this publication. Amended tax return for 2012 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. Amended tax return for 2012 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). Amended tax return for 2012 The discussion that follows describes the information you must provide when applying. Amended tax return for 2012 For application procedures, see chapter 1. Amended tax return for 2012 To qualify for exemption under section 501(c)(4), the organization's net earnings must be devoted primarily to charitable, educational, or recreational purposes. Amended tax return for 2012 In addition, no part of the organization's net earnings can inure to the benefit of any private shareholder or individual. Amended tax return for 2012 If the organization provides an excess benefit to certain persons, an excise tax may be imposed. Amended tax return for 2012 See Excise tax on excess benefit transactions , under Excess Benefit Transactions in chapter 5 for more information about this tax. Amended tax return for 2012 Examples. Amended tax return for 2012   Types of organizations that are considered to be social welfare organizations are civic associations and volunteer fire companies. Amended tax return for 2012 Nonprofit operation. Amended tax return for 2012   You must submit evidence that your organization is organized and will be operated on a nonprofit basis. Amended tax return for 2012 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. Amended tax return for 2012 Social welfare. Amended tax return for 2012   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). Amended tax return for 2012   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. Amended tax return for 2012 It therefore does not qualify as a section 501(c)(4) organization. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Political activity. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 See the discussion in chapter 2 under Political Organization Income Tax Return . Amended tax return for 2012 Social or recreational activity. Amended tax return for 2012   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). Amended tax return for 2012 Retirement benefit program. Amended tax return for 2012   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. Amended tax return for 2012 It may qualify under another paragraph of section 501(c) depending on all the facts. Amended tax return for 2012   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). Amended tax return for 2012 Tax treatment of donations. Amended tax return for 2012   Donations to volunteer fire companies are deductible on the donor's federal income tax return, but only if made for exclusively public purposes. Amended tax return for 2012 Contributions to civic leagues or other section 501(c)(4) organizations generally are not deductible as charitable contributions for federal income tax purposes. Amended tax return for 2012 They may be deductible as trade or business expenses, if ordinary and necessary in the conduct of the taxpayer's business. Amended tax return for 2012 However, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. Amended tax return for 2012 for more information. Amended tax return for 2012 For more information on social welfare organizations, see Life Cycle of a Social Welfare Organization at IRS. Amended tax return for 2012 gov. Amended tax return for 2012 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. Amended tax return for 2012 Volunteer fire companies. Amended tax return for 2012   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. Amended tax return for 2012   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). Amended tax return for 2012 In this event, your organization should file Form 1023. Amended tax return for 2012 Homeowners' associations. Amended tax return for 2012   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. Amended tax return for 2012 The term community generally refers to a geographical unit recognizable as a governmental subdivision, unit, or district thereof. Amended tax return for 2012 Whether a particular association meets the requirement of benefiting a community depends on the facts and circumstances of each case. Amended tax return for 2012 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. Amended tax return for 2012   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. Amended tax return for 2012 It also must show that it does not engage in exterior maintenance of private homes. Amended tax return for 2012   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. Amended tax return for 2012 Other organizations. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 In addition, you should follow the procedure for obtaining recognition of exempt status described in chapter 1. Amended tax return for 2012 Submit any additional information that may be required, as described in this section. Amended tax return for 2012 Tax treatment of donations. Amended tax return for 2012   Contributions to labor, agricultural, and horticultural organizations are not deductible as charitable contributions on the donor's federal income tax return. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 In addition, no net earnings of the organization can inure to the benefit of any member. Amended tax return for 2012 Composition of membership. Amended tax return for 2012   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. Amended tax return for 2012 You must show in your application that your organization has the purposes described in the preceding paragraph. Amended tax return for 2012 These purposes can be accomplished by a single labor organization acting alone or by several organizations acting together through a separate organization. Amended tax return for 2012 Benefits to members. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012   For more information on labor organizations, see Life Cycle of a Labor Organization at IRS. Amended tax return for 2012 gov. Amended tax return for 2012 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. Amended tax return for 2012 For the purpose of these provisions, aquatic resources include only animal or vegetable life, but not mineral resources. Amended tax return for 2012 The term harvesting, in this case, includes fishing and related pursuits. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 The following list contains some examples of activities that show an agricultural or horticultural purpose. Amended tax return for 2012 Promoting various cooperative agricultural, horticultural, and civic activities among rural residents by a state, farm, or home bureau. Amended tax return for 2012 Exhibiting livestock, farm products, and other characteristic features of agriculture and horticulture. Amended tax return for 2012 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. Amended tax return for 2012 Guarding the purity of a specific breed of livestock. Amended tax return for 2012 Encouraging improvements in the production of fish on privately owned fish farms. Amended tax return for 2012 Negotiating with processors for the price to be paid to members for their crops. Amended tax return for 2012 For more information on agricultural or horticultural organizations, see Life Cycle of an Agricultural or Horticultural Organization at IRS. Amended tax return for 2012 gov. Amended tax return for 2012 501(c)(6) - Business Leagues, etc. Amended tax return for 2012 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. Amended tax return for 2012 For a discussion of the procedure to follow, see chapter 1. Amended tax return for 2012 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). Amended tax return for 2012 In addition, your organization must be primarily engaged in activities or functions that are the basis for its exemption. Amended tax return for 2012 It must be primarily supported by membership dues and other income from activities substantially related to its exempt purpose. Amended tax return for 2012 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. Amended tax return for 2012 Trade associations and professional associations are considered business leagues. Amended tax return for 2012 Chamber of commerce. Amended tax return for 2012   A chamber of commerce usually is composed of the merchants and traders of a city. Amended tax return for 2012 Board of trade. Amended tax return for 2012   A board of trade often consists of persons engaged in similar lines of business. Amended tax return for 2012 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. Amended tax return for 2012   Chambers of commerce and boards of trade usually promote the common economic interests of all the commercial enterprises in a given trade community. Amended tax return for 2012 Real estate board. Amended tax return for 2012   A real estate board consists of members interested in improving the business conditions in the real estate field. Amended tax return for 2012 It is not organized for profit and no part of the net earnings inures to the benefit of any private shareholder or individual. Amended tax return for 2012 Professional football leagues. Amended tax return for 2012   The Internal Revenue Code specifically defines professional football leagues as exempt organizations under section 501(c)(6). Amended tax return for 2012 They are exempt whether or not they administer a pension fund for football players. Amended tax return for 2012 General purpose. Amended tax return for 2012   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. Amended tax return for 2012 It must be shown that the conditions of a particular trade or the interests of the community will be advanced. Amended tax return for 2012 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. Amended tax return for 2012 Line of business. Amended tax return for 2012   This term generally refers either to an entire industry or to all components of an industry within a geographic area. Amended tax return for 2012 It does not include a group composed of businesses that market a particular brand within an industry. Amended tax return for 2012 Common business interest. Amended tax return for 2012   A common business interest of all members of the organization must be established by the application documents. Amended tax return for 2012 Examples. Amended tax return for 2012   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). Amended tax return for 2012 Improvement of business conditions. Amended tax return for 2012   Generally, this must be shown to be the purpose of the organization. Amended tax return for 2012 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. Amended tax return for 2012 Stock or commodity exchange. Amended tax return for 2012   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). Amended tax return for 2012 Legislative activity. Amended tax return for 2012   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. Amended tax return for 2012 Deduction not allowed for dues used for political or legislative activities. Amended tax return for 2012   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. Amended tax return for 2012 Influencing legislation. Amended tax return for 2012 Participating or intervening in a political campaign for, or against, any candidate for public office. Amended tax return for 2012 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). Amended tax return for 2012 Communicating directly with certain executive branch officials to try to influence their official actions or positions. Amended tax return for 2012 See Dues Used for Lobbying or Political Activities under Required Disclosures in chapter 2 for more information. Amended tax return for 2012 Exception for local legislation. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 De minimis exception. Amended tax return for 2012   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. Amended tax return for 2012 Grass roots lobbying. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 Tax treatment of donations. Amended tax return for 2012   Contributions to organizations described in this section are not deductible as charitable contributions on the donor's federal income tax return. Amended tax return for 2012 They may be deductible as trade or business expenses if ordinary and necessary in the conduct of the taxpayer's business. Amended tax return for 2012   For more information on business leagues, see Life Cycle of a Business League (Trade Association) on IRS. Amended tax return for 2012 gov. Amended tax return for 2012 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. Amended tax return for 2012 In applying for recognition of exemption, you should submit the information described in this section. Amended tax return for 2012 Also see chapter 1 for the procedures to follow. Amended tax return for 2012 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. Amended tax return for 2012 Discrimination prohibited. Amended tax return for 2012   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. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 Private benefit prohibited. Amended tax return for 2012   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. Amended tax return for 2012 For purposes of this requirement, it is not necessary that net earnings be actually distributed. Amended tax return for 2012 Even undistributed earnings can benefit members. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Purposes. Amended tax return for 2012   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. Amended tax return for 2012 You must show that members are bound together by a common objective of pleasure, recreation, and other nonprofitable purposes. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012   The term other nonprofitable purposes means other purposes similar to pleasure and recreation. Amended tax return for 2012 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. Amended tax return for 2012 Limited membership. Amended tax return for 2012   The membership in a social club must be limited. Amended tax return for 2012 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. Amended tax return for 2012   A social club that issues corporate membership is dealing with the general public in the form of the corporation's employees. Amended tax return for 2012 Corporate members of a club are not the kind of members contemplated by the law. Amended tax return for 2012 Gross receipts from these members would be a factor in determining whether the club qualifies as a social club. Amended tax return for 2012 See Gross receipts from nonmembership sources , later. Amended tax return for 2012 Bona fide individual memberships paid for by a corporation would not have an effect on the gross receipts source. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 Support. Amended tax return for 2012   In general, your club should be supported solely by membership fees, dues, and assessments. Amended tax return for 2012 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. Amended tax return for 2012 Business activities. Amended tax return for 2012   If your club will engage in business, such as selling real estate, timber, or other products or services, it generally will be denied exemption. Amended tax return for 2012 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. Amended tax return for 2012 Facilities open to public. Amended tax return for 2012   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. Amended tax return for 2012 This does not mean, however, that any dealing with outsiders will automatically deprive a club of exemption. Amended tax return for 2012 Gross receipts from nonmembership sources. Amended tax return for 2012   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. Amended tax return for 2012 Income from nontraditional business activity with members is not exempt function income, and thus is included as income from sources outside of the membership. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Gross receipts. Amended tax return for 2012   Gross receipts, for this purpose, are receipts from the normal and usual (traditionally conducted) activities of the club. Amended tax return for 2012 These receipts include charges, admissions, membership fees, dues, assessments, investment income, and normal recurring capital gains on investments. Amended tax return for 2012 Receipts do not include initiation fees and capital contributions. Amended tax return for 2012 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. Amended tax return for 2012 Nontraditional activities. Amended tax return for 2012   Activities conducted by a social club need to further its exempt purposes. Amended tax return for 2012 Traditional business activities are those that further a social club's exempt purposes. Amended tax return for 2012 Nontraditional business activities do not further the exempt purposes of a social club even if conducted solely on a membership basis. Amended tax return for 2012 Nontraditional business activities are prohibited (subject to an insubstantial, trivial, and nonrecurrent test) for businesses conducted with both members and nonmembers. Amended tax return for 2012 Examples of nontraditional business activities include sale of package liquor, take-out food, and long-term room rental. Amended tax return for 2012 Fraternity foundations. Amended tax return for 2012   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. Amended tax return for 2012 Tax treatment of donations. Amended tax return for 2012   Donations to exempt social and recreation clubs are not deductible as charitable contributions on the donor's federal income tax return. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 , purposes. Amended tax return for 2012 The procedures to follow in applying for recognition of exemption are described in chapter 1. Amended tax return for 2012 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. Amended tax return for 2012 If so, your organization need not apply for individual recognition of exemption. Amended tax return for 2012 For more information, see Group Exemption Letter in chapter 1 of this publication. Amended tax return for 2012 Tax treatment of donations. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Lodge system. Amended tax return for 2012   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. Amended tax return for 2012 Payment of benefits. Amended tax return for 2012   It is not essential that every member be covered by the society's program of sick, accident, or death benefits. Amended tax return for 2012 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. Amended tax return for 2012   The benefits must be limited to members and their dependents. Amended tax return for 2012 If members will have the ability to confer benefits to other than themselves and their dependents, exemption will not be recognized. Amended tax return for 2012 Whole-life insurance. Amended tax return for 2012   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. Amended tax return for 2012 Reinsurance pool. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 The application and accompanying statements should establish that the organization: Is a domestic fraternal organization organized in the U. Amended tax return for 2012 S. Amended tax return for 2012 , 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. Amended tax return for 2012 The organization can arrange with insurance companies to provide optional insurance to its members without jeopardizing its exempt status. Amended tax return for 2012 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. Amended tax return for 2012 Both the application form to file and the information to provide are discussed later under the section that describes your employee association. Amended tax return for 2012 Chapter 1 describes the procedures to follow in applying for exemption. Amended tax return for 2012 Tax treatment of donations. Amended tax return for 2012   Donations to these organizations are not deductible as charitable contributions on the donor's federal income tax return. Amended tax return for 2012 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. Amended tax return for 2012 A local employees' association must apply for recognition of exemption by filing Form 1024. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Note. Amended tax return for 2012 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. Amended tax return for 2012 Notice requirement. Amended tax return for 2012   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. Amended tax return for 2012 The organization gives notice by filing Form 1024. Amended tax return for 2012 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. Amended tax return for 2012 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 . Amended tax return for 2012 Membership. Amended tax return for 2012   Membership of a section 501(c)(9) organization must consist of individuals who are employees and have an employment-related common bond. Amended tax return for 2012 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. Amended tax return for 2012   The membership of an association can include some individuals who are not employees, provided they have an employment-related bond with the employee-members. Amended tax return for 2012 For example, the owner of a business whose employees are members of the association can be a member. Amended tax return for 2012 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. Amended tax return for 2012 Employees. Amended tax return for 2012   Employees include individuals who became entitled to membership because they are or were employees. Amended tax return for 2012 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. Amended tax return for 2012   Generally, membership is voluntary if an affirmative act is required on the part of an employee to become a member. Amended tax return for 2012 Conversely, membership is involuntary if the designation as a member is due to employee status. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Payment of benefits. Amended tax return for 2012   The information submitted with your application must show that your organization will pay life, sick, accident, supplemental unemployment, or other similar benefits. Amended tax return for 2012 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). Amended tax return for 2012 Benefits can be in the form of medical, clinical, or hospital services, transportation furnished for medical care, or money payments. Amended tax return for 2012 Nondiscrimination requirements. Amended tax return for 2012   An organization that is part of a plan will not be exempt unless the plan meets certain nondiscrimination requirements. Amended tax return for 2012 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. Amended tax return for 2012   A plan meets the nondiscrimination requirements only if both of the following statements are true. Amended tax return for 2012 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. Amended tax return for 2012 The benefits provided under each class of benefits do not discriminate in favor of highly compensated individuals. Amended tax return for 2012 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. Amended tax return for 2012   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. Amended tax return for 2012 This will not apply to any increase in such payment by any plan amendment adopted after June 22, 1984. Amended tax return for 2012   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. Amended tax return for 2012 The benefit will be considered nondiscriminatory only if it meets the nondiscrimination provision of the applicable Code section. Amended tax return for 2012 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). Amended tax return for 2012 Excluded employees. Amended tax return for 2012   Certain employees who are not covered by a plan can be excluded from consideration in applying these requirements. Amended tax return for 2012 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. Amended tax return for 2012 Highly compensated individual. Amended tax return for 2012   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. Amended tax return for 2012 Go to IRS. Amended tax return for 2012 gov, and search “Pension Plan Limitation” for the year), and Was among the top 20% of employees by compensation for the preceding year. Amended tax return for 2012 However, the employer can choose not to have (3) apply. Amended tax return for 2012 Aggregation rules. Amended tax return for 2012   The employer can choose to treat two or more plans as one plan for purposes of meeting the nondiscrimination requirements. Amended tax return for 2012 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. Amended tax return for 2012 Leased employees are treated as employees of the recipient. Amended tax return for 2012 One employee. Amended tax return for 2012   A trust created to provide benefits to one employee will not qualify as a voluntary employees' beneficiary association under section 501(c)(9). Amended tax return for 2012 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. Amended tax return for 2012 The trust must be a valid, existing trust under local law and must be evidenced by an executed document. Amended tax return for 2012 A conformed copy of the plan of which the trust is a part should be attached to the application. Amended tax return for 2012 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. Amended tax return for 2012 Note. Amended tax return for 2012 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. Amended tax return for 2012 Notice requirement. Amended tax return for 2012   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. Amended tax return for 2012 The organization gives notice by filing Form 1024. Amended tax return for 2012 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. Amended tax return for 2012 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 . Amended tax return for 2012 Types of payments. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 Diversion of funds. Amended tax return for 2012   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). Amended tax return for 2012 Discrimination in benefits. Amended tax return for 2012   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. Amended tax return for 2012 However, a plan is not discriminatory merely because benefits bear a uniform relationship to compensation or the rate of compensation. Amended tax return for 2012 Prohibited transactions and exemption. Amended tax return for 2012   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. Amended tax return for 2012 It must file the claim on Form 1024. Amended tax return for 2012 The organization must include a written declaration that it will not knowingly again engage in a prohibited transaction. Amended tax return for 2012 An authorized principal officer of your organization must make this declaration under the penalties of perjury. Amended tax return for 2012   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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 For more information about the requirements for reestablishing an exemption previously denied, contact the IRS. Amended tax return for 2012 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. Amended tax return for 2012 Benevolent life insurance associations of a purely local character and like organizations. Amended tax return for 2012 Mutual ditch or irrigation companies and like organizations. Amended tax return for 2012 Mutual or cooperative telephone companies and like organizations. Amended tax return for 2012 A like organization is an organization that performs a service comparable to that performed by any one of the above organizations. Amended tax return for 2012 The information to be provided upon application by each of these organizations is described in this section. Amended tax return for 2012 For information as to the procedures to follow in applying for exemption, see chapter 1. Amended tax return for 2012 General requirements. Amended tax return for 2012   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. Amended tax return for 2012 They must collect at least 85% of their income from members for the sole purpose of meeting losses and expenses. Amended tax return for 2012 Mutual character. Amended tax return for 2012   These organizations, other than benevolent life insurance associations, must be organized and operated on a mutual or cooperative basis. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012   The rights and interests of members in the annual savings of the organization must be determined in proportion to their business with the organization. Amended tax return for 2012 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. Amended tax return for 2012 The bylaws must not provide for forfeiture of a member's rights and interest upon withdrawal or termination. Amended tax return for 2012 Membership. Amended tax return for 2012   Membership of a mutual organization consists of those who join the organization to obtain its services, and have a voice in its management. Amended tax return for 2012 In a stock company, the stockholders are members. Amended tax return for 2012 However, a mutual life insurance organization cannot have policyholders other than its members. Amended tax return for 2012 Losses and expenses. Amended tax return for 2012   In furnishing services substantially at cost, an organization must use its income solely for paying losses and expenses. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Distributions of proceeds. Amended tax return for 2012   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. Amended tax return for 2012 Such distribution represents a refund in the costs of services rendered to the member. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Mutual or cooperative telephone company. Amended tax return for 2012   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. Amended tax return for 2012 Mutual or cooperative electric company. Amended tax return for 2012   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. Amended tax return for 2012   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. Amended tax return for 2012 Qualified pole rental. Amended tax return for 2012   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. Amended tax return for 2012   The term rental, for this purpose, includes any sale of the right to use the pole (or other structure). Amended tax return for 2012 The 85% requirement is applied on the basis of an annual accounting period. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Because the 85% income test is based on gross income, capital losses cannot be used to reduce capital gains for purposes of this test. Amended tax return for 2012 Example. Amended tax return for 2012   The books of an organization reflect the following for the calendar year. Amended tax return for 2012 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. Amended tax return for 2012   Voluntary contributions in the nature of gifts are not taken into account for purposes of the 85% computation. Amended tax return for 2012   Other tax-exempt income besides gifts is considered as income received from other than members in applying the 85% test. Amended tax return for 2012   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. Amended tax return for 2012 Tax treatment of donations. Amended tax return for 2012   Donations to an organization described in this section are not deductible as charitable contributions on the donor's federal income tax return. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 If the activities of an organization are limited only by the borders of a state, it cannot be purely local in character. Amended tax return for 2012 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. Amended tax return for 2012 A copy of each type of policy issued by your organization should be included with the application for recognition of exemption. Amended tax return for 2012 Organizations similar to local benevolent life insurance companies. Amended tax return for 2012   These organizations include those that in addition to paying death benefits also provide for the payment of sick, accident, or health benefits. Amended tax return for 2012 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. Amended tax return for 2012 Burial and funeral benefit insurance organization. Amended tax return for 2012   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. Amended tax return for 2012 An organization that provides its benefits in the form of supplies and service is not a life insurance company. Amended tax return for 2012 Such an organization can seek recognition of exemption from federal income tax, however, as a mutual insurance company other than life. Amended tax return for 2012 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. Amended tax return for 2012 They can serve noncontiguous areas. Amended tax return for 2012 Like organization. Amended tax return for 2012   A like organization is a cooperative or mutual organization that performs a service similar to mutual ditch, irrigation, telephone, or electric companies. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 For the procedure to follow to file an application, see Application, Approval, and Appeal Procedures in chapter 1. Amended tax return for 2012 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. Amended tax return for 2012 A mutual cemetery company that also engages in charitable activities, such as the burial of paupers, will be regarded as operating within this standard. Amended tax return for 2012 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. Amended tax return for 2012 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. Amended tax return for 2012 Operating a mortuary is not permitted. Amended tax return for 2012 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. Amended tax return for 2012 How income can be used. Amended tax return for 2012   You should show that your organization's earnings are or will be used only in one or more of the following ways. Amended tax return for 2012 To pay the ordinary and necessary expenses of operating, maintaining, and improving the cemetery or crematorium. Amended tax return for 2012 To buy cemetery property. Amended tax return for 2012 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. Amended tax return for 2012 No part of the net earnings of your organization can inure to the benefit of any private shareholder or individual. Amended tax return for 2012 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. Amended tax return for 2012 Buying cemetery property. Amended tax return for 2012   Payments can be made to amortize debt incurred to buy land, but cannot be in the nature of profit distributions. Amended tax return for 2012 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. Amended tax return for 2012   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. Amended tax return for 2012 Therefore, if property is transferred to the organization in exchange for an interest in the organization's net earnings, the organization will not