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How Do I Amend My Tax Return

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How Do I Amend My Tax Return

How do i amend my tax return 1. How do i amend my tax return   Deducting Business Expenses Table of Contents What's New Introduction Topics - This chapter discusses: Useful Items - You may want to see: What Can I Deduct?Cost of Goods Sold Capital Expenses Capital versus Deductible Expenses Personal versus Business Expenses How Much Can I Deduct?Not-for-profit limits. How do i amend my tax return At-risk limits. How do i amend my tax return Passive activities. How do i amend my tax return Net operating loss. How do i amend my tax return When Can I Deduct an Expense?Economic performance. How do i amend my tax return Not-for-Profit ActivitiesGross Income Limit on Deductions What's New Optional safe harbor method to determine the business use of a home deduction. How do i amend my tax return  Beginning in 2013, you can use the optional safe harbor method to determine the deduction for the business use of your home. How do i amend my tax return See Optional safe harbor method under Business use of your home , later. How do i amend my tax return Introduction This chapter covers the general rules for deducting business expenses. How do i amend my tax return Business expenses are the costs of carrying on a trade or business, and they are usually deductible if the business is operated to make a profit. How do i amend my tax return Topics - This chapter discusses: What you can deduct How much you can deduct When you can deduct Not-for-profit activities Useful Items - You may want to see: Publication 334 Tax Guide for Small Business 463 Travel, Entertainment, Gift, and Car Expenses 525 Taxable and Nontaxable Income 529 Miscellaneous Deductions 536 Net Operating Losses (NOLs) for Individuals, Estates, and Trusts 538 Accounting Periods and Methods 542 Corporations 547 Casualties, Disasters, and Thefts 587 Business Use of Your Home 925 Passive Activity and At-Risk Rules 936 Home Mortgage Interest Deduction 946 How To Depreciate Property Form (and Instructions) Sch A (Form 1040) Itemized Deductions 5213 Election To Postpone Determination as To Whether the Presumption Applies That an Activity Is Engaged in for Profit See chapter 12 for information about getting publications and forms. How do i amend my tax return What Can I Deduct? To be deductible, a business expense must be both ordinary and necessary. How do i amend my tax return An ordinary expense is one that is common and accepted in your industry. How do i amend my tax return A necessary expense is one that is helpful and appropriate for your trade or business. How do i amend my tax return An expense does not have to be indispensable to be considered necessary. How do i amend my tax return Even though an expense may be ordinary and necessary, you may not be allowed to deduct the expense in the year you paid or incurred it. How do i amend my tax return In some cases you may not be allowed to deduct the expense at all. How do i amend my tax return Therefore, it is important to distinguish usual business expenses from expenses that include the following. How do i amend my tax return The expenses used to figure cost of goods sold, Capital expenses, and Personal expenses. How do i amend my tax return Cost of Goods Sold If your business manufactures products or purchases them for resale, you generally must value inventory at the beginning and end of each tax year to determine your cost of goods sold. How do i amend my tax return Some of your business expenses may be included in figuring cost of goods sold. How do i amend my tax return Cost of goods sold is deducted from your gross receipts to figure your gross profit for the year. How do i amend my tax return If you include an expense in the cost of goods sold, you cannot deduct it again as a business expense. How do i amend my tax return The following are types of expenses that go into figuring cost of goods sold. How do i amend my tax return The cost of products or raw materials, including freight. How do i amend my tax return Storage. How do i amend my tax return Direct labor (including contributions to pension or annuity plans) for workers who produce the products. How do i amend my tax return Factory overhead. How do i amend my tax return Under the uniform capitalization rules, you must capitalize the direct costs and part of the indirect costs for certain production or resale activities. How do i amend my tax return Indirect costs include rent, interest, taxes, storage, purchasing, processing, repackaging, handling, and administrative costs. How do i amend my tax return This rule does not apply to personal property you acquire for resale if your average annual gross receipts (or those of your predecessor) for the preceding 3 tax years are not more than $10 million. How do i amend my tax return For more information, see the following sources. How do i amend my tax return Cost of goods sold—chapter 6 of Publication 334. How do i amend my tax return Inventories—Publication 538. How do i amend my tax return Uniform capitalization rules—Publication 538 and section 263A of the Internal Revenue Code and the related regulations. How do i amend my tax return Capital Expenses You must capitalize, rather than deduct, some costs. How do i amend my tax return These costs are a part of your investment in your business and are called “capital expenses. How do i amend my tax return ” Capital expenses are considered assets in your business. How do i amend my tax return In general, you capitalize three types of costs. How do i amend my tax return Business start-up costs (See Tip below). How do i amend my tax return Business assets. How do i amend my tax return Improvements. How do i amend my tax return You can elect to deduct or amortize certain business start-up costs. How do i amend my tax return See chapters 7 and 8. How do i amend my tax return Cost recovery. How do i amend my tax return   Although you generally cannot take a current deduction for a capital expense, you may be able to recover the amount you spend through depreciation, amortization, or depletion. How do i amend my tax return These recovery methods allow you to deduct part of your cost each year. How do i amend my tax return In this way, you are able to recover your capital expense. How do i amend my tax return See Amortization (chapter 8) and Depletion (chapter 9) in this publication. How do i amend my tax return A taxpayer can elect to deduct a portion of the costs of certain depreciable property as a section 179 deduction. How do i amend my tax return A greater portion of these costs can be deducted if the property is qualified disaster assistance property. How do i amend my tax return See Publication 946 for details. How do i amend my tax return Going Into Business The costs of getting started in business, before you actually begin business operations, are capital expenses. How do i amend my tax return These costs may include expenses for advertising, travel, or wages for training employees. How do i amend my tax return If you go into business. How do i amend my tax return   When you go into business, treat all costs you had to get your business started as capital expenses. How do i amend my tax return   Usually you recover costs for a particular asset through depreciation. How do i amend my tax return Generally, you cannot recover other costs until you sell the business or otherwise go out of business. How do i amend my tax return However, you can choose to amortize certain costs for setting up your business. How do i amend my tax return See Starting a Business in chapter 8 for more information on business start-up costs. How do i amend my tax return If your attempt to go into business is unsuccessful. How do i amend my tax return   If you are an individual and your attempt to go into business is not successful, the expenses you had in trying to establish yourself in business fall into two categories. How do i amend my tax return The costs you had before making a decision to acquire or begin a specific business. How do i amend my tax return These costs are personal and nondeductible. How do i amend my tax return They include any costs incurred during a general search for, or preliminary investigation of, a business or investment possibility. How do i amend my tax return The costs you had in your attempt to acquire or begin a specific business. How do i amend my tax return These costs are capital expenses and you can deduct them as a capital loss. How do i amend my tax return   If you are a corporation and your attempt to go into a new trade or business is not successful, you may be able to deduct all investigatory costs as a loss. How do i amend my tax return   The costs of any assets acquired during your unsuccessful attempt to go into business are a part of your basis in the assets. How do i amend my tax return You cannot take a deduction for these costs. How do i amend my tax return You will recover the costs of these assets when you dispose of them. How do i amend my tax return Business Assets There are many different kinds of business assets; for example, land, buildings, machinery, furniture, trucks, patents, and franchise rights. How do i amend my tax return You must fully capitalize the cost of these assets, including freight and installation charges. How do i amend my tax return Certain property you produce for use in your trade or business must be capitalized under the uniform capitalization rules. How do i amend my tax return See Regulations section 1. How do i amend my tax return 263A-2 for information on these rules. How do i amend my tax return Improvements Improvements are generally major expenditures. How do i amend my tax return Some examples are: new electric wiring, a new roof, a new floor, new plumbing, bricking up windows to strengthen a wall, and lighting improvements. How do i amend my tax return The costs of making improvements to a business asset are capital expenses if the improvements add to the value of the asset, appreciably lengthen the time you can use it, or adapt it to a different use. How do i amend my tax return Beginning in 2014, you must capitalize as improvements costs that are for the betterment of a unit of property, restore the unit of property, or adapt the unit of property to a new or different use. How do i amend my tax return Temporary regulations allow you to capitalize costs meeting the above criteria for tax years beginning after 2011. How do i amend my tax return However, you can currently deduct repairs that keep your property in a normal efficient operating condition as a business expense. How do i amend my tax return Treat as repairs amounts paid to replace parts of a machine that only keep it in a normal operating condition. How do i amend my tax return Restoration plan. How do i amend my tax return   Capitalize the cost of reconditioning, improving, or altering your property as part of a general restoration plan to make it suitable for your business. How do i amend my tax return This applies even if some of the work would by itself be classified as repairs. How do i amend my tax return Capital versus Deductible Expenses To help you distinguish between capital and deductible expenses, different examples are given below. How do i amend my tax return Motor vehicles. How do i amend my tax return   You usually capitalize the cost of a motor vehicle you use in your business. How do i amend my tax return You can recover its cost through annual deductions for depreciation. How do i amend my tax return   There are dollar limits on the depreciation you can claim each year on passenger automobiles used in your business. How do i amend my tax return See Publication 463. How do i amend my tax return   Generally, repairs you make to your business vehicle are currently deductible. How do i amend my tax return However, amounts you pay to recondition and overhaul a business vehicle are capital expenses and are recovered through depreciation. How do i amend my tax return Roads and driveways. How do i amend my tax return    The cost of building a private road on your business property and the cost of replacing a gravel driveway with a concrete one are capital expenses you may be able to depreciate. How do i amend my tax return The cost of maintaining a private road on your business property is a deductible expense. How do i amend my tax return Tools. How do i amend my tax return   Unless the uniform capitalization rules apply, amounts spent for tools used in your business are deductible expenses if the tools have a life expectancy of less than 1 year or their cost is minor. How do i amend my tax return Machinery parts. How do i amend my tax return   Unless the uniform capitalization rules apply, the cost of replacing short-lived parts of a machine to keep it in good working condition, but not add to its life, is a deductible expense. How do i amend my tax return Heating equipment. How do i amend my tax return   The cost of changing from one heating system to another is a capital expense. How do i amend my tax return Personal versus Business Expenses Generally, you cannot deduct personal, living, or family expenses. How do i amend my tax return However, if you have an expense for something that is used partly for business and partly for personal purposes, divide the total cost between the business and personal parts. How do i amend my tax return You can deduct the business part. How do i amend my tax return For example, if you borrow money and use 70% of it for business and the other 30% for a family vacation, you generally can deduct 70% of the interest as a business expense. How do i amend my tax return The remaining 30% is personal interest and generally is not deductible. How do i amend my tax return See chapter 4 for information on deducting interest and the allocation rules. How do i amend my tax return Business use of your home. How do i amend my tax return   If you use part of your home for business, you may be able to deduct expenses for the business use of your home. How do i amend my tax return These expenses may include mortgage interest, insurance, utilities, repairs, and depreciation. How do i amend my tax return   To qualify to claim expenses for the business use of your home, you must meet both of the following tests. How do i amend my tax return The business part of your home must be used exclusively and regularly for your trade or business. How do i amend my tax return The business part of your home must be: Your principal place of business, or A place where you meet or deal with patients, clients, or customers in the normal course of your trade or business, or A separate structure (not attached to your home) used in connection with your trade or business. How do i amend my tax return   You generally do not have to meet the exclusive use test for the part of your home that you regularly use either for the storage of inventory or product samples, or as a daycare facility. How do i amend my tax return   Your home office qualifies as your principal place of business if you meet the following requirements. How do i amend my tax return You use the office exclusively and regularly for administrative or management activities of your trade or business. How do i amend my tax return You have no other fixed location where you conduct substantial administrative or management activities of your trade or business. How do i amend my tax return   If you have more than one business location, determine your principal place of business based on the following factors. How do i amend my tax return The relative importance of the activities performed at each location. How do i amend my tax return If the relative importance factor does not determine your principal place of business, consider the time spent at each location. How do i amend my tax return Optional safe harbor method. How do i amend my tax return   Beginning in 2013, individual taxpayers can use the optional safe harbor method to determine the amount of deductible expenses attributable to certain business use of a residence during the tax year. How do i amend my tax return This method is an alternative to the calculation, allocation, and substantiation of actual expenses. How do i amend my tax return   The deduction under the optional method is limited to $1,500 per year based on $5 a square foot for up to 300 square feet. How do i amend my tax return Under this method, you claim your allowable mortgage interest, real estate taxes, and casualty losses on the home as itemized deductions on Schedule A (Form 1040). How do i amend my tax return You are not required to allocate these deductions between personal and business use, as is required under the regular method. How do i amend my tax return If you use the optional method, you cannot depreciate the portion of your home used in a trade or business. How do i amend my tax return   Business expenses unrelated to the home, such as advertising, supplies, and wages paid to employees, are still fully deductible. How do i amend my tax return All of the requirements discussed earlier under Business use of your home still apply. How do i amend my tax return   For more information on the deduction for business use of your home, including the optional safe harbor method, see Publication 587. How do i amend my tax return    If you were entitled to deduct depreciation on the part of your home used for business, you cannot exclude the part of the gain from the sale of your home that equals any depreciation you deducted (or could have deducted) for periods after May 6, 1997. How do i amend my tax return Business use of your car. How do i amend my tax return   If you use your car exclusively in your business, you can deduct car expenses. How do i amend my tax return If you use your car for both business and personal purposes, you must divide your expenses based on actual mileage. How do i amend my tax return Generally, commuting expenses between your home and your business location, within the area of your tax home, are not deductible. How do i amend my tax return   You can deduct actual car expenses, which include depreciation (or lease payments), gas and oil, tires, repairs, tune-ups, insurance, and registration fees. How do i amend my tax return Or, instead of figuring the business part of these actual expenses, you may be able to use the standard mileage rate to figure your deduction. How do i amend my tax return Beginning in 2013, the standard mileage rate is 56. How do i amend my tax return 5 cents per mile. How do i amend my tax return   If you are self-employed, you can also deduct the business part of interest on your car loan, state and local personal property tax on the car, parking fees, and tolls, whether or not you claim the standard mileage rate. How do i amend my tax return   For more information on car expenses and the rules for using the standard mileage rate, see Publication 463. How do i amend my tax return How Much Can I Deduct? Generally, you can deduct the full amount of a business expense if it meets the criteria of ordinary and necessary and it is not a capital expense. How do i amend my tax return Recovery of amount deducted (tax benefit rule). How do i amend my tax return   If you recover part of an expense in the same tax year in which you would have claimed a deduction, reduce your current year expense by the amount of the recovery. How do i amend my tax return If you have a recovery in a later year, include the recovered amount in income in that year. How do i amend my tax return However, if part of the deduction for the expense did not reduce your tax, you do not have to include that part of the recovered amount in income. How do i amend my tax return   For more information on recoveries and the tax benefit rule, see Publication 525. How do i amend my tax return Payments in kind. How do i amend my tax return   If you provide services to pay a business expense, the amount you can deduct is limited to your out-of-pocket costs. How do i amend my tax return You cannot deduct the cost of your own labor. How do i amend my tax return   Similarly, if you pay a business expense in goods or other property, you can deduct only what the property costs you. How do i amend my tax return If these costs are included in the cost of goods sold, do not deduct them again as a business expense. How do i amend my tax return Limits on losses. How do i amend my tax return   If your deductions for an investment or business activity are more than the income it brings in, you have a loss. How do i amend my tax return There may be limits on how much of the loss you can deduct. How do i amend my tax return Not-for-profit limits. How do i amend my tax return   If you carry on your business activity without the intention of making a profit, you cannot use a loss from it to offset other income. How do i amend my tax return See Not-for-Profit Activities , later. How do i amend my tax return At-risk limits. How do i amend my tax return   Generally, a deductible loss from a trade or business or other income-producing activity is limited to the investment you have “at risk” in the activity. How do i amend my tax return You are at risk in any activity for the following. How do i amend my tax return The money and adjusted basis of property you contribute to the activity. How do i amend my tax return Amounts you borrow for use in the activity if: You are personally liable for repayment, or You pledge property (other than property used in the activity) as security for the loan. How do i amend my tax return For more information, see Publication 925. How do i amend my tax return Passive activities. How do i amend my tax return   Generally, you are in a passive activity if you have a trade or business activity in which you do not materially participate, or a rental activity. How do i amend my tax return In general, deductions for losses from passive activities only offset income from passive activities. How do i amend my tax return You cannot use any excess deductions to offset other income. How do i amend my tax return In addition, passive activity credits can only offset the tax on net passive income. How do i amend my tax return Any excess loss or credits are carried over to later years. How do i amend my tax return Suspended passive losses are fully deductible in the year you completely dispose of the activity. How do i amend my tax return For more information, see Publication 925. How do i amend my tax return Net operating loss. How do i amend my tax return   If your deductions are more than your income for the year, you may have a “net operating loss. How do i amend my tax return ” You can use a net operating loss to lower your taxes in other years. How do i amend my tax return See Publication 536 for more information. How do i amend my tax return   See Publication 542 for information about net operating losses of corporations. How do i amend my tax return When Can I Deduct an Expense? When you can deduct an expense depends on your accounting method. How do i amend my tax return An accounting method is a set of rules used to determine when and how income and expenses are reported. How do i amend my tax return The two basic methods are the cash method and the accrual method. How do i amend my tax return Whichever method you choose must clearly reflect income. How do i amend my tax return For more information on accounting methods, see Publication 538. How do i amend my tax return Cash method. How do i amend my tax return   Under the cash method of accounting, you generally deduct business expenses in the tax year you pay them. How do i amend my tax return Accrual method. How do i amend my tax return   Under an accrual method of accounting, you generally deduct business expenses when both of the following apply. How do i amend my tax return The all-events test has been met. How do i amend my tax return The test is met when: All events have occurred that fix the fact of liability, and The liability can be determined with reasonable accuracy. How do i amend my tax return Economic performance has occurred. How do i amend my tax return Economic performance. How do i amend my tax return   You generally cannot deduct or capitalize a business expense until economic performance occurs. How do i amend my tax return If your expense is for property or services provided to you, or for your use of property, economic performance occurs as the property or services are provided, or the property is used. How do i amend my tax return If your expense is for property or services you provide to others, economic performance occurs as you provide the property or services. How do i amend my tax return Example. How do i amend my tax return Your tax year is the calendar year. How do i amend my tax return In December 2013, the Field Plumbing Company did some repair work at your place of business and sent you a bill for $600. How do i amend my tax return You paid it by check in January 2014. How do i amend my tax return If you use the accrual method of accounting, deduct the $600 on your tax return for 2013 because all events have occurred to “fix” the fact of liability (in this case the work was completed), the liability can be determined, and economic performance occurred in that year. How do i amend my tax return If you use the cash method of accounting, deduct the expense on your 2014 return. How do i amend my tax return Prepayment. How do i amend my tax return   You generally cannot deduct expenses in advance, even if you pay them in advance. How do i amend my tax return This rule applies to both the cash and accrual methods. How do i amend my tax return It applies to prepaid interest, prepaid insurance premiums, and any other expense paid far enough in advance to, in effect, create an asset with a useful life extending substantially beyond the end of the current tax year. How do i amend my tax return Example. How do i amend my tax return In 2013, you sign a 10-year lease and immediately pay your rent for the first 3 years. How do i amend my tax return Even though you paid the rent for 2013, 2014, and 2015, you can only deduct the rent for 2013 on your 2013 tax return. How do i amend my tax return You can deduct the rent for 2014 and 2015 on your tax returns for those years. How do i amend my tax return Contested liability. How do i amend my tax return   Under the cash method, you can deduct a contested liability only in the year you pay the liability. How do i amend my tax return Under the accrual method, you can deduct contested liabilities such as taxes (except foreign or U. How do i amend my tax return S. How do i amend my tax return possession income, war profits, and excess profits taxes) either in the tax year you pay the liability (or transfer money or other property to satisfy the obligation) or in the tax year you settle the contest. How do i amend my tax return However, to take the deduction in the year of payment or transfer, you must meet certain conditions. How do i amend my tax return See Regulations section 1. How do i amend my tax return 461-2. How do i amend my tax return Related person. How do i amend my tax return   Under an accrual method of accounting, you generally deduct expenses when you incur them, even if you have not yet paid them. How do i amend my tax return However, if you and the person you owe are related and that person uses the cash method of accounting, you must pay the expense before you can deduct it. How do i amend my tax return Your deduction is allowed when the amount is includible in income by the related cash method payee. How do i amend my tax return See Related Persons in Publication 538. How do i amend my tax return Not-for-Profit Activities If you do not carry on your business or investment activity to make a profit, you cannot use a loss from the activity to offset other income. How do i amend my tax return Activities you do as a hobby, or mainly for sport or recreation, are often not entered into for profit. How do i amend my tax return The limit on not-for-profit losses applies to individuals, partnerships, estates, trusts, and S corporations. How do i amend my tax return It does not apply to corporations other than S corporations. How do i amend my tax return In determining whether you are carrying on an activity for profit, several factors are taken into account. How do i amend my tax return No one factor alone is decisive. How do i amend my tax return Among the factors to consider are whether: You carry on the activity in a businesslike manner, The time and effort you put into the activity indicate you intend to make it profitable, You depend on the income for your livelihood, Your losses are due to circumstances beyond your control (or are normal in the start-up phase of your type of business), You change your methods of operation in an attempt to improve profitability, You (or your advisors) have the knowledge needed to carry on the activity as a successful business, You were successful in making a profit in similar activities in the past, The activity makes a profit in some years, and You can expect to make a future profit from the appreciation of the assets used in the activity. How do i amend my tax return Presumption of profit. How do i amend my tax return   An activity is presumed carried on for profit if it produced a profit in at least 3 of the last 5 tax years, including the current year. How do i amend my tax return Activities that consist primarily of breeding, training, showing, or racing horses are presumed carried on for profit if they produced a profit in at least 2 of the last 7 tax years, including the current year. How do i amend my tax return The activity must be substantially the same for each year within this period. How do i amend my tax return You have a profit when the gross income from an activity exceeds the deductions. How do i amend my tax return   If a taxpayer dies before the end of the 5-year (or 7-year) period, the “test” period ends on the date of the taxpayer's death. How do i amend my tax return   If your business or investment activity passes this 3- (or 2-) years-of-profit test, the IRS will presume it is carried on for profit. How do i amend my tax return This means the limits discussed here will not apply. How do i amend my tax return You can take all your business deductions from the activity, even for the years that you have a loss. How do i amend my tax return You can rely on this presumption unless the IRS later shows it to be invalid. How do i amend my tax return Using the presumption later. How do i amend my tax return   If you are starting an activity and do not have 3 (or 2) years showing a profit, you can elect to have the presumption made after you have the 5 (or 7) years of experience allowed by the test. How do i amend my tax return   You can elect to do this by filing Form 5213. How do i amend my tax return Filing this form postpones any determination that your activity is not carried on for profit until 5 (or 7) years have passed since you started the activity. How do i amend my tax return   The benefit gained by making this election is that the IRS will not immediately question whether your activity is engaged in for profit. How do i amend my tax return Accordingly, it will not restrict your deductions. How do i amend my tax return Rather, you will gain time to earn a profit in the required number of years. How do i amend my tax return If you show 3 (or 2) years of profit at the end of this period, your deductions are not limited under these rules. How do i amend my tax return If you do not have 3 (or 2) years of profit, the limit can be applied retroactively to any year with a loss in the 5-year (or 7-year) period. How do i amend my tax return   Filing Form 5213 automatically extends the period of limitations on any year in the 5-year (or 7-year) period to 2 years after the due date of the return for the last year of the period. How do i amend my tax return The period is extended only for deductions of the activity and any related deductions that might be affected. How do i amend my tax return    You must file Form 5213 within 3 years after the due date of your return (determined without extensions) for the year in which you first carried on the activity, or, if earlier, within 60 days after receiving written notice from the Internal Revenue Service proposing to disallow deductions attributable to the activity. How do i amend my tax return Gross Income Gross income from a not-for-profit activity includes the total of all gains from the sale, exchange, or other disposition of property, and all other gross receipts derived from the activity. How do i amend my tax return Gross income from the activity also includes capital gains and rents received for the use of property which is held in connection with the activity. How do i amend my tax return You can determine gross income from any not-for-profit activity by subtracting the cost of goods sold from your gross receipts. How do i amend my tax return However, if you determine gross income by subtracting cost of goods sold from gross receipts, you must do so consistently, and in a manner that follows generally accepted methods of accounting. How do i amend my tax return Limit on Deductions If your activity is not carried on for profit, take deductions in the following order and only to the extent stated in the three categories. How do i amend my tax return If you are an individual, these deductions may be taken only if you itemize. How do i amend my tax return These deductions may be taken on Schedule A (Form 1040). How do i amend my tax return Category 1. How do i amend my tax return   Deductions you can take for personal as well as for business activities are allowed in full. How do i amend my tax return For individuals, all nonbusiness deductions, such as those for home mortgage interest, taxes, and casualty losses, belong in this category. How do i amend my tax return Deduct them on the appropriate lines of Schedule A (Form 1040). How do i amend my tax return For tax years beginning after December 31, 2008, you can deduct a casualty loss on property you own for personal use only to the extent it is more than $500 and exceeds 10% of your adjusted gross income (AGI). How do i amend my tax return The 10% AGI limitation does not apply to net disaster losses resulting from federally declared disasters in 2008 and 2009, and individuals are allowed to claim the net disaster losses even if they do not itemize their deductions. How do i amend my tax return The reduction amount returns to $100 for tax years beginning after December 31, 2009. How do i amend my tax return See Publication 547 for more information on casualty losses. How do i amend my tax return For the limits that apply to home mortgage interest, see Publication 936. How do i amend my tax return Category 2. How do i amend my tax return   Deductions that do not result in an adjustment to the basis of property are allowed next, but only to the extent your gross income from the activity is more than your deductions under the first category. How do i amend my tax return Most business deductions, such as those for advertising, insurance premiums, interest, utilities, and wages, belong in this category. How do i amend my tax return Category 3. How do i amend my tax return   Business deductions that decrease the basis of property are allowed last, but only to the extent the gross income from the activity exceeds the deductions you take under the first two categories. How do i amend my tax return Deductions for depreciation, amortization, and the part of a casualty loss an individual could not deduct in category (1) belong in this category. How do i amend my tax return Where more than one asset is involved, allocate depreciation and these other deductions proportionally. How do i amend my tax return    Individuals must claim the amounts in categories (2) and (3) as miscellaneous deductions on Schedule A (Form 1040). How do i amend my tax return They are subject to the 2%-of-adjusted-gross-income limit. How do i amend my tax return See Publication 529 for information on this limit. How do i amend my tax return Example. How do i amend my tax return Adriana is engaged in a not-for-profit activity. How do i amend my tax return The income and expenses of the activity are as follows. How do i amend my tax return Gross income $3,200 Subtract:     Real estate taxes $700   Home mortgage interest 900   Insurance 400   Utilities 700   Maintenance 200   Depreciation on an automobile 600   Depreciation on a machine 200 3,700 Loss $(500)   Adriana must limit her deductions to $3,200, the gross income she earned from the activity. How do i amend my tax return The limit is reached in category (3), as follows. How do i amend my tax return Limit on deduction $3,200 Category 1: Taxes and interest $1,600   Category 2: Insurance, utilities, and maintenance 1,300 2,900 Available for Category 3 $ 300   The $800 of depreciation is allocated between the automobile and machine as follows. How do i amend my tax return $600 $800 x $300 = $225 depreciation for the automobile             $200 $800 x $300 = $75 depreciation for the machine The basis of each asset is reduced accordingly. How do i amend my tax return Adriana includes the $3,200 of gross income on line 21 (other income) of Form 1040. How do i amend my tax return The $1,600 for category (1) is deductible in full on the appropriate lines for taxes and interest on Schedule A (Form 1040). How do i amend my tax return Adriana deducts the remaining $1,600 ($1,300 for category (2) and $300 for category (3)) as other miscellaneous deductions on Schedule A (Form 1040) subject to the 2%-of-adjusted-gross-income limit. How do i amend my tax return Partnerships and S corporations. How do i amend my tax return   If a partnership or S corporation carries on a not-for-profit activity, these limits apply at the partnership or S corporation level. How do i amend my tax return They are reflected in the individual shareholder's or partner's distributive shares. How do i amend my tax return More than one activity. How do i amend my tax return   If you have several undertakings, each may be a separate activity or several undertakings may be combined. How do i amend my tax return The following are the most significant facts and circumstances in making this determination. How do i amend my tax return The degree of organizational and economic interrelationship of various undertakings. How do i amend my tax return The business purpose that is (or might be) served by carrying on the various undertakings separately or together in a business or investment setting. How do i amend my tax return The similarity of the undertakings. How do i amend my tax return   The IRS will generally accept your characterization if it is supported by facts and circumstances. How do i amend my tax return    If you are carrying on two or more different activities, keep the deductions and income from each one separate. How do i amend my tax return Figure separately whether each is a not-for-profit activity. How do i amend my tax return Then figure the limit on deductions and losses separately for each activity that is not for profit. How do i amend my tax return Prev  Up  Next   Home   More Online Publications
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The How Do I Amend My Tax Return

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