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Title 26 USC 6033
Sec. 6033. Returns by exempt organizations
TITLE 26, Subtitle F, CHAPTER 61, Subchapter A, PART III, Subpart A, Sec. 6033
STATUTE
(a)
Organizations required to file
(1)
In general
Except as provided in paragraph (2), every organization exempt from taxation
under section 501(a) shall file an annual return, stating specifically the items
of gross income, receipts, and disbursements, and such other information for the
purpose of carrying out the internal revenue laws as the Secretary may by forms
or regulations prescribe, and shall keep such records, render under oath such
statements, make such other returns, and comply with such rules and regulations
as the Secretary may from time to time prescribe; except that, in the discretion
of the Secretary, any organization described in section 401(a) may be relieved
from stating in its return any information which is reported in returns filed by
the employer which established such organization.
(2)
Exceptions from filing
(A)
Mandatory exceptions
Paragraph (1) shall not apply to -
(i)
churches, their integrated auxiliaries, and conventions or associations
of churches, See: IRS code 508
(ii)
any organization (other than a private foundation, as defined in section 509(a))
described in subparagraph (C), the gross receipts of which in each taxable year
are normally not more than $5,000, or
(iii)
the exclusively religious activities of any religious order.
(B)
Discretionary exceptions
The Secretary may relieve any organization required under paragraph (1) to file
an information return from filing such a return where he determines that such
filing is not necessary to the efficient administration of the internal revenue
laws.
(C)
Certain organizations
The organizations referred to in subparagraph (A)(ii) are -
(i)
a religious organization described in section 501(c)(3);
(ii)
an educational organization described in section 170(b)(1)(A)(ii);
(iii)
a charitable organization, or an organization for the prevention of cruelty to
children or animals, described in section 501(c)(3), if such organization is
supported, in whole or in part, by funds contributed by the United States or any
State or political subdivision thereof, or is primarily supported by
contributions of the general public;
(iv)
an organization described in section 501(c)(3), if such organization is
operated, supervised, or controlled by or in connection with a religious
organization described in clause (i);
(v)
an organization described in section 501(c)(8); and
(vi)
an organization described in section 501(c)(1), if such organization is
a corporation wholly owned by the United States or any agency or
instrumentality thereof, or a wholly-owned subsidiary of such a
corporation.
(b)
Certain organizations described in section 501(c)(3)
Every organization described in section 501(c)(3) which is subject to the
requirements of subsection (a) shall furnish annually information, at such time
and in such manner as the Secretary may by forms or regulations prescribe,
setting forth -
(1)
its gross income for the year,
(2)
its expenses attributable to such income and incurred within the year,
(3)
its disbursements within the year for the purposes for which it is exempt,
(4)
a balance sheet showing its assets, liabilities, and net worth as of the
beginning of such year,
(5)
the total of the contributions and gifts received by it during the year, and
the names and addresses of all substantial contributors,
(6)
the names and addresses of its foundation managers (within the meaning of
section 4946(b)(1)) and highly compensated employees,
(7)
the compensation and other payments made during the year to each individual
described in paragraph (6),
(8)
in the case of an organization with respect to which an election under
section 501(h) is effective for the taxable year, the following amounts for
such organization for such taxable year:
(A)
the lobbying expenditures (as defined in section 4911(c)(1)),
(B)
the lobbying nontaxable amount (as defined in section 4911(c)(2)),
(C)
the grass roots expenditures (as defined in section 4911(c)(3)), and
(D)
the grass roots nontaxable amount (as defined in section 4911(c)(4)),
(9)
such other information with respect to direct or indirect transfers to, and
other direct or indirect transactions and relationships with, other
organizations described in section 501(c) (other than paragraph (3) thereof) or
section 527 as the Secretary may require to prevent -
(A)
diversion of funds from the organization's exempt purpose, or
(B)
misallocation of revenues or expenses, and
(10)
such other information for purposes of carrying out the internal revenue laws as
the Secretary may require. For purposes of paragraph (8), if section 4911(f)
applies to the organization for the taxable year, such organization shall
furnish the amounts with respect to the affiliated group as well as
with respect to such organization.
(c)
Additional provisions relating to private foundations In the case of an
organization which is a private foundation (within the meaning of section
509(a)) -
(1)
the Secretary shall by regulations provide that the private foundation shall
include in its annual return under this section such information (not required
to be furnished by subsection (b) or the forms or regulations prescribed
thereunder) as would have been required to be furnished under section 6056
(relating to annual reports by private foundations) as such section 6056 was in
effect on January 1, 1979,
(2)
a copy of the notice required by section 6104(d) (relating to public inspection
of private foundations' annual returns), together with proof of publication
thereof, shall be filed by the foundation together with the annual return under
this section, and
(3)
the foundation managers shall furnish copies of the annual return under this
section to such State officials, at such times, and under such conditions, as
the Secretary may by regulations prescribe. Nothing in paragraph (1) shall
require the inclusion of the name and address of any recipient (other
than a disqualified person within the meaning of section 4946) of 1 or more
charitable gifts or grants made by the foundation to such recipient as an
indigent or needy person if the aggregate of such gifts or grants made by the
foundation to such recipient during the year does not exceed $1,000.
(d)
Section to apply to nonexempt charitable trusts and nonexempt private
foundations
The following organizations shall comply with the requirements of this section
in the same manner as organizations described in section 501(c)(3) which are
exempt from tax under section 501(a):
(1)
Nonexempt charitable trusts
A trust described in section 4947(a)(1) (relating to nonexempt charitable
trusts).
(2)
Nonexempt private foundations
A private foundation which is not exempt from tax under section 501(a).
(e)
Special rules relating to lobbying activities
(1)
Reporting requirements
(A)
In general
If this subsection applies to an organization for any taxable year, such
organization -
(i)
shall include on any return required to be filed under subsection (a) for such
year information setting forth the total expenditures of the organization to
which section 162(e)(1) applies and the total amount of the dues or other
similar amounts paid to the organization to which such expenditures are
allocable, and
(ii)
except as provided in paragraphs (2)(A)(i) and (3), shall, at the time of
assessment or payment of such dues or other similar amounts, provide notice to
each person making such payment which contains a reasonable estimate of the
portion of such dues or other similar amounts to which such expenditures are so
allocable.
(B)
Organizations to which subsection applies
(i)
In general
This subsection shall apply to any organization which is exempt from taxation
under this subtitle other than an organization described in section 501(c)(3).
(ii)
Special rule for in-house expenditures
This subsection shall not apply to the in-house expenditures (within the meaning
of section 162(e)(5)(B)(ii)) of an organization for a taxable year if such
expenditures do not exceed $2,000. In determining whether a taxpayer exceeds the
$2,000 limit under this clause, there shall not be
taken into account overhead costs otherwise allocable to activities described in
subparagraphs (A) and (D) of section 162(e)(1).
(C)
Allocation
For purposes of this paragraph -
(i)
In general
Expenditures to which section 162(e)(1) applies shall be treated as paid out of
dues or other similar amounts to the extent thereof.
(ii)
Carryover of lobbying expenditures in excess of dues If expenditures to which
section 162(e)(1) applies exceed the dues or other similar amounts for any
taxable year, such excess shall be treated as expenditures to which section
162(e)(1) applies which are paid or incurred by the organization during the
following taxable year.
(2)
Tax imposed where organization does not notify
(A)
In general
If an organization -
(i)
elects not to provide the notices described in paragraph (1)(A) for any taxable
year, or
(ii)
fails to include in such notices the amount allocable to expenditures to which
section 162(e)(1) applies (determined on the basis of actual amounts rather than
the reasonable estimates under paragraph
(1)(A)(ii)), then there is hereby imposed on such organization for such taxable
year a tax in an amount equal to the product of the highest rate of tax imposed
by section 11 for the taxable year and the aggregate amount not included in such
notices by reason of such election or failure.
(B)
Waiver where future adjustments made
The Secretary may waive the tax imposed by subparagraph (A)(ii) for any taxable
year if the organization agrees to adjust its estimates under paragraph (1)(A)(ii)
for the following taxable year to correct any failures.
(C)
Tax treated as income tax
For purposes of this title, the tax imposed by subparagraph
(A)
shall be treated in the same manner as a tax imposed by chapter 1
(relating to income taxes).
(3)
Exception where dues generally nondeductible
Paragraph (1)(A) shall not apply to an organization which establishes to the
satisfaction of the Secretary that substantially all of the dues or other
similar amounts paid by persons to such organization are not deductible without
regard to section 162(e).
(f)
Cross references
For provisions relating to statements, etc., regarding exempt status of
organizations, see section 6001. For reporting requirements as to certain
liquidations, dissolutions, terminations, and contractions, see section 6043(b).
For provisions relating to penalties for failure to
file a return required by this section, see section 6652(c). For provisions
relating to information required in connection with certain plans of deferred
compensation, see section 6058.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 162, 6104, 6501, 6652 of this title.
SOURCE
CROSS REFERENCES
AMENDMENTS
EFFECTIVE DATE OF 1993 AMENDMENT
EFFECTIVE DATE OF 1987 AMENDMENT
EFFECTIVE DATE OF 1986 AMENDMENT
EFFECTIVE DATE OF 1980 AMENDMENT
EFFECTIVE DATE OF 1976 AMENDMENT
EFFECTIVE DATE OF 1974 AMENDMENT
EFFECTIVE DATE OF 1969 AMENDMENT
EFFECTIVE DATE OF 1958 AMENDMENT
REFERENCES IN TEXT
