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Private Foundation: Extension of time for filing exemption application

The IRS may extend the time for filing Form 1023 if an organization applies before the 27-month period has passed and demonstrates that additional time is needed. Use Schedule E of Form 1023 to request an extension.

If the 27-month period for filing Form 1023 has passed, the Commissioner of the Internal Revenue Service may extend the time to file if the organization can show good cause.  Because the 27-month period in which an organization must file Form 1023 is fixed by the regulations, rather than by statute, an extension may be granted only if the request meets certain conditions.

The following factors will be taken into account in determining if good cause for granting the extension has been shown.

  1. Due diligence of the taxpayer
  2. Prompt action by the taxpayer
  3. Intent of the taxpayer
  4. Prejudice to the interests of the government
  5. Statutory and regulatory objectives.

Specific questions are to be answered for each of these factors.  These questions can be found in Schedule E of Form 1023.

To support its request for an extension, the organization should include the following information:

  1. A chronological account of the events leading to the failure to apply
  2. Names and current addresses of each person having knowledge or information about the events
  3. Affidavits or statements from such persons, and
  4. Any other information bearing on the Service's consideration of the request.

An officer who has knowledge of the facts must sign the request under penalties of perjury.  Supporting affidavits or statements must also be signed under penalties of perjury.

Additional information

 


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