IRS Revises Form 8940 to Expand Covered Miscellaneous Requests by Tax-Exempt Organizations

The IRS announced earlier this week that it was revising Form 8940, Request for Miscellaneous Determinations, both to facilitate and eventually require electronic filing and to expand the requests covered by the form. The new requests now covered by the form are:

• Government entities requesting voluntary termination of exempt status under section 501(c)(3) (previously a letter request).

• Canadian registered charities requesting inclusion in Tax Exempt Organization Search database (TEOS) of organizations eligible to receive tax-deductible charitable contributions (Pub. 78 data) or a determination on public charity classification (previously a letter request).

• Private foundations giving notice only of intent to terminate private foundation status under section 507(b)(1)(B) (previously provided on Form 8940 or by general correspondence).

The other requests that continue to be covered by the form are:

• Advance approval of certain private foundation set-asides described in Section 4942(g)(2).
• Advance approval of private foundation voter registration activities described in Section 4945(f).
• Advance approval of scholarship procedures described in Section 4945(g).
• Exemption from Form 990 filing requirements.
• Advance determination that a potential grant or contribution is an unusual grant, excluded from certain public support calculations.
• Change in (or initial determination of) Type of a Section 509(a)(3) supporting organization.
• Reclassification of foundation status, including a voluntary request from a public charity for private foundation status, and final public charity status determination for organizations with advance ruling periods that expired prior to June 9, 2008 (presumptive private foundations).
• Termination of private foundation status under Internal Revenue Code Section 507(b)(1)(B) (advance ruling request).
• Termination of private foundation status under Code Section 507(b)(1)(B) (60-month period ended).

Lloyd Mayer