(a) Organizations required to file
(1) In general Except as provided in paragraph (3), 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) Being a party to certain reportable transactions Every tax-exempt entity described in section
4965 (c) shall file (in such form and manner and at such time as determined by the Secretary) a disclosure of
(A) such entitys being a party to any prohibited tax shelter transaction (as defined in section
4965 (e)), and
(B) the identity of any other party to such transaction which is known by such tax-exempt entity.
(3) Exceptions from filing
(A) Mandatory exceptions Paragraph (1) shall not apply to
(i) churches, their integrated auxiliaries, and conventions or associations of churches,
(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) (other than an organization described in section
509 (a)(3)) 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);
(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 organizations exempt purpose, or
(B) misallocation of revenues or expenses,
(10) the respective amounts (if any) of the taxes imposed on the organization, or any organization manager of the organization, during the taxable year under any of the following provisions (and the respective amounts (if any) of reimbursements paid by the organization during the taxable year with respect to taxes imposed on any such organization manager under any of such provisions):
(A) section
4911 (relating to tax on excess expenditures to influence legislation),
(B) section
4912 (relating to tax on disqualifying lobbying expenditures of certain organizations), and
(C) section
4955 (relating to taxes on political expenditures of section
501 (c)(3) organizations), except to the extent that, by reason of section
4962, the taxes imposed under such section are not required to be paid or are credited or refunded,
(11) the respective amounts (if any) of
(A) the taxes imposed with respect to the organization on any organization manager, or any disqualified person, during the taxable year under section
4958 (relating to taxes on private excess benefit from certain charitable organizations), and
(B) reimbursements paid by the organization during the taxable year with respect to taxes imposed under such section,
except to the extent that, by reason of section 4962, the taxes imposed under such section are not required to be paid or are credited or refunded,
(12) such information as the Secretary may require with respect to any excess benefit transaction (as defined in section
4958),
(13) such information with respect to disqualified persons as the Secretary may prescribe, and
(14) 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, and
(2) 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.
(g) Returns required by political organizations
(1) In general This section shall apply to a political organization (as defined by section
527 (e)(1)) which has gross receipts of $25,000 or more for the taxable year. In the case of a political organization which is a qualified State or local political organization (as defined in section
527 (e)(5)), the preceding sentence shall be applied by substituting $100,000 for $25,000.
(2) Annual returns Political organizations described in paragraph (1) shall file an annual return
(A) containing the information required, and complying with the other requirements, under subsection (a)(1) for organizations exempt from taxation under section
501 (a), with such modifications as the Secretary considers appropriate to require only information which is necessary for the purposes of carrying out section
527, and
(B) containing such other information as the Secretary deems necessary to carry out the provisions of this subsection.
(3) Mandatory exceptions from filing Paragraph (2) shall not apply to an organization
(A) which is a State or local committee of a political party, or political committee of a State or local candidate,
(B) which is a caucus or association of State or local officials,
(C) which is an authorized committee (as defined in section 301(6) of the Federal Election Campaign Act of 1971) of a candidate for Federal office,
(D) which is a national committee (as defined in section 301(14) of the Federal Election Campaign Act of 1971) of a political party,
(E) which is a United States House of Representatives or United States Senate campaign committee of a political party committee,
(F) which is required to report under the Federal Election Campaign Act of 1971 as a political committee (as defined in section 301(4) of such Act), or
(G) to which section
527 applies for the taxable year solely by reason of subsection (f)(1) of such section.
(4) Discretionary exception
The Secretary may relieve any organization required under paragraph (2) to file an information return from filing such a return if the Secretary determines that such filing is not necessary to the efficient administration of the internal revenue laws.
(h) Controlling organizations Each controlling organization (within the meaning of section
512 (b)(13)) which is subject to the requirements of subsection (a) shall include on the return required under subsection (a)
(1) any interest, annuities, royalties, or rents received from each controlled entity (within the meaning of section
512 (b)(13)),
(2) any loans made to each such controlled entity, and
(3) any transfers of funds between such controlling organization and each such controlled entity.
(i) Additional notification requirements Any organization the gross receipts of which in any taxable year result in such organization being referred to in subsection (a)(3)(A)(ii) or (a)(3)(B)
(1) shall furnish annually, in electronic form, and at such time and in such manner as the Secretary may by regulations prescribe, information setting forth
(A) the legal name of the organization,
(B) any name under which such organization operates or does business,
(C) the organizations mailing address and Internet web site address (if any),
(D) the organizations taxpayer identification number,
(E) the name and address of a principal officer, and
(F) evidence of the continuing basis for the organizations exemption from the filing requirements under subsection (a)(1), and
(2) upon the termination of the existence of the organization, shall furnish notice of such termination.
(j) Loss of exempt status for failure to file return or notice
(1) In general If an organization described in subsection (a)(1) or (i) fails to file an annual return or notice required under either subsection for 3 consecutive years, such organizations status as an organization exempt from tax under section
501 (a) shall be considered revoked on and after the date set by the Secretary for the filing of the third annual return or notice. The Secretary shall publish and maintain a list of any organization the status of which is so revoked.
(2) Application necessary for reinstatement
Any organization the tax-exempt status of which is revoked under paragraph (1) must apply in order to obtain reinstatement of such status regardless of whether such organization was originally required to make such an application.
(3) Retroactive reinstatement if reasonable cause shown for failure If, upon application for reinstatement of status as an organization exempt from tax under section
501 (a), an organization described in paragraph (1) can show to the satisfaction of the Secretary evidence of reasonable cause for the failure described in such paragraph, the organizations exempt status may, in the discretion of the Secretary, be reinstated effective from the date of the revocation under such paragraph.
(k) Additional provisions relating to sponsoring organizations Every organization described in section
4966 (d)(1) shall, on the return required under subsection (a) for the taxable year
(1) list the total number of
donor advised funds (as defined in section
4966 (d)(2)) it owns at the end of such taxable year,
(2) indicate the aggregate value of assets held in such funds at the end of such taxable year, and
(3) indicate the aggregate contributions to and grants made from such funds during such taxable year.
(l) Additional provisions relating to supporting organizations Every organization described in section
509 (a)(3) shall, on the return required under subsection (a)
(1) list the supported organizations (as defined in section
509 (f)(3)) with respect to which such organization provides support,
(2) indicate whether the organization meets the requirements of clause (i), (ii), or (iii) of section
509 (a)(3)(B), and
(3) certify that the organization meets the requirements of section
509 (a)(3)(C).
(m) 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.