Applying for Exemption/Misc. Determination: Sample Questions


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Foundation Set-Aside 4942(g)

Applications for exemption and miscellaneous determination requests are assigned to Exempt Organizations specialists for review. If additional information is necessary to make a determination, a specialist will contact the organization for the information. Here’s a list of questions that might be asked on this topic. 

  1. Because determination letters regarding advanced approval of set-asides are subject to public disclosure under IRC Section 6110, please furnish a statement (as required by Treas. Reg. § 601.201(e)(5)) listing the information you do not want disclosed to the general public in the redacted version of the determination letter that the IRS will make publicly available. The statement must be dated and signed by one of your trustees, officers or board members. A typical example of such a statement could read:  

    No information other than names, addresses, and taxpayer identifying numbers need be deleted from the determination letter requested by [the Organization], with respect to its proposed set-aside under Section 4942(g) of the Internal Revenue Code.
  2. Provide a statement signed by an appropriate foundation manager (i.e., a trustee, officer or board member, or an individual with similar powers or responsibilities) that the amounts to be set aside will actually be paid for the specific project within a specified period of time that ends not more than 60 months after the date of the first set-aside, or a statement showing good cause why the period for paying the amount set aside should be extended (including a showing that the proposed project could not be divided into two or more projects covering periods of no more than 60 months each) and setting forth the extension of time required.
  3. Provide a statement describing the nature and purposes of the specific project and the specific amount of the set-aside for which approval is requested.
  4. Provide a statement describing the amounts and approximate dates of any planned additions to the set-aside after its initial establishment.
  5. State the reasons why the project can be better accomplished by a set-aside than by the immediate payment of funds.
  6. Describe the project in detail, including estimated costs, sources of any future funds expected to be used for completion of the project, and the location or locations (general or specific) of any physical facilities to be acquired or constructed as part of the project.

More information

See the complete list of Applying for Exemption/Miscellaneous Determination Sample Question by topic.