EO Update June 13, 2011
Inside This Issue
- IRS Names New Members to Advisory Committee on Tax-Exempt and Government Entities -- Public Meeting to be Held June 15
- Report of Foreign Bank and Financial Accounts (FBAR) Due June 30
- Guidance for Organizations Automatically Revoked for Failure to File Annual Return or Notice for Three Consecutive Years and Contributors
- Return Preparer Office Now on Facebook
1. IRS Names New Members to Advisory Committee on Tax-Exempt and Government Entities - Public Meeting to be Held June 15
The Internal Revenue Service has announced the selection of 10 new members to the Advisory Committee on Tax Exempt and Government Entities (ACT). The ACT consists of external stakeholders and representatives who deal with employee retirement plans, tax-exempt organizations, tax-exempt bonds and federal, state, local and Indian tribal governments.
New members of the Exempt Organizations subgroup of the ACT are Eric B. Carriker and Marty Martin. They join J. Daniel Gary, James P. Joseph, Karen Gries, and Celia Roady who will continue to serve on the Exempt Organizations subgroup. ACT members generally serve a two-year term with a possible one-year extension.
The Exempt Organizations subgroup will present a report entitled Group Exemptions - Creating a Higher Degree of Transparency, Accountability and Transparency at a public meeting of the ACT . For more information about the June 15 public meeting see IR-2011-60.
2. Report of Foreign Bank and Financial Accounts (FBAR) Due June 30
Taxpayers, including tax-exempt organizations, with foreign accounts whose aggregate value exceeded $10,000 at any time during 2010 must file Treasury Department Form TD F 90-22.1. This form is due June 30, 2011, and is filed with the Treasury Department. Because it is not a tax form, the June 30 deadline applies, even if a taxpayer obtains a tax-filing extension. Details on this requirement are in Publication 4261, Do You Have a Foreign Financial Account? For more information see IRS.gov. A small subset of filers with only signature authority required to file the Report of Foreign Bank and Financial Accounts (FBARs) will receive a one-year extension beyond the upcoming filing date of June 30, 2011.
3. Guidance for Organizations Automatically Revoked for Failure to File a Return or Notice for Three Consecutive Years and Contributors
The IRS has issued a number of guidance items related to the auto-revocation of organizations who have failed to file an annual return or notice for three years. The guidance provides information for contributors as well as information for organizations seeking reinstatement of exemption.
Revenue Procedure 2011-33 provides the extent to which contributors may rely on Publication 78 or on the IRS Business Master File extract for purposes of deducting contributions and making grants. IRS may give notice of revocation in the IRB or on the IRS’s website. IRS no longer publishes a paper version of Publication 78.
Revenue Procedure-2011-36 modifies section 6.07 of Rev. Proc. 2011-8, 2011-1 I.R.B. 237, to provide for a reduced user fee for applications for reinstatement of tax-exempt status filed by certain small organizations following automatic revocation of their tax-exempt status under section 6033(j) of the Internal Revenue Code.
Notice 2011-43 provides transitional relief for certain small organizations (those that normally have annual gross receipts of not more than $50,000 in their most recently completed taxable year) that have been automatically revoked because they failed to file an annual electronic notice for taxable years beginning in 2007, 2008 and 2009. The notice provides the criteria that a small organization must satisfy to qualify for the transitional relief and describes how qualifying organizations apply for reinstatement of tax-exempt status and request retroactive reinstatement.
Notice 2011-44 explains how an organization that has had its tax-exempt status automatically revoked for failing to file an annual return or notice for three consecutive years may apply for reinstatement of tax-exempt status and request reinstatement retroactive to the date of automatic revocation.
Announcement 2011-35 indicates that the IRS is required to publish and maintain a list of organizations that have had their federal tax-exempt statuses automatically revoked for failing to file an annual return or notice for three consecutive years. The IRS will publish this auto-revocation list on its website, however, the auto-revocation list will not appear in the Internal Revenue Bulletin.
4. Return Preparer Office now on Facebook
The IRS Return Preparer Office, building on its partnership with the tax professional community, has opened another communications avenue that it hopes becomes a two-way street. Visit the Return Preparer Office page on Facebook.