Remember that beginning with tax year 2005 returns (tax years ending on or after December 31, 2005), organizations with total assets of $100 million or more that also file 250 or more returns with the IRS (income tax, excise tax, employment tax, and information returns) were required to file the Form 990 electronically. For purposes of determining if 250 or more returns are filed, each Form W-2 and quarterly Form 941 and Form 1099 is considered a separate return. 

The electronic filing requirement expands for taxable years ending on or after December 31, 2006 to include exempt organizations with assets of $10 million or more and all Private Foundations. The 250 return threshold also applies when determining the electronic filing requirement for the year.

If an organization is required to file electronically but fails to do so, it will be penalized as if the organization failed to file a return. The penalty for organizations with gross receipts exceeding $1 million is $100 per day for each day the failure continues up to a maximum of $50,000 per return. 

Here are some tips when preparing returns for electronic filing as the IRS system in accepting the returns is very exacting. To minimize the possibility of a rejected return, make sure the return is complete and every question is answered. Even if the answer is not applicable or zero, make sure to input 0, N/A, or none in the field as leaving an answer blank will cause the return to be rejected.  However; be aware of whether a number or text is asked for, as putting text in a numeric field will cause a rejected return.

Most tax professionals are equipped to file returns electronically, so if an organization uses an outside accountant for return preparation, there should not be a technology issue.  Organizations that prepare and file their own returns will want to check and make sure that the software they use supports electronic filing. Also, such organizations will have to register with the IRS as an e-file provider. Applications and information can be found on the IRS website (www.irs.gov).

Even if an organization is not required to file electronically, it may do so. The IRS began accepting electronically filed Form 990, Form 990EZ, and Form 990-PF in the 2004 tax year.

In Mid September, the Senate Finance Committee chaired by Senator Chuck Grassley, held a hearing on Charitable Care and Community Benefits and Nonprofit Hospitals. The focus was to find out how the organizations measure and report community benefit as well as how they provide discounted charges or free care. From this hearing, the Senate Finance committee staff will develop a staff discussion paper to be used to provide proposals for addressing the issues of charity care and community benefit. Complete text of the hearing can be found at http://finance.senate.gov.
The IRS is also looking at Tax exemption of Hospitals.  They have examined over 90 hospitals and found problems at 20 of those hospitals. The IRS also sent a compliance inquiry to over 500 hospitals. It is still waiting to receive the completed requests and will review the information and decide whether to address any issues through further guidance, examinations, education, or changes to Form 990.
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