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IRS Streamlines Application Process for New Tax-Exempt Organizations
WASHINGTON - The Internal Revenue Service and the
Treasury Department issued new regulations
that will streamline the approval process for
organizations seeking tax-exempt status as publicly
supported charities.
The new regulations do away with the so-called
advance rulings that granted public charity status for
an initial five-year period but required exempt
organizations to demonstrate, after the initial period,
that they in fact received a substantial part of their
support from public sources to receive a final
determination letter.
The IRS was able to eliminate the advance rulings
process because of the recent redesign of the Form
990, the tax return filed by organizations exempt from
federal income tax.
"The revised Form 990 enhances transparency for
exempt organizations and makes it easier for them to
show that they are 'publicly supported' charities, rather
than private foundations," said IRS Commissioner
Doug Shulman.
Private foundations under federal law are subject to
more restrictions on the way they operate than publicly
supported charities. To apply for exempt status either
as a private foundation or as a publicly supported
charity, an organization must file a Form 1023, the
application for recognition of tax exemption.
Over the years, approximately 95 percent of exempt
organizations that received advance rulings were later
recognized as publicly supported charities at the end
of the five-year period.
"Given the high 'recognition' rate and the redesigned
Form 990, it makes sense to eliminate the
burdensome advance ruling process" said Lois G.
Lerner, Director of the IRS Exempt Organizations
division. "Not only will the streamlined process aid
exempt organizations, but it will also allow the IRS to
redirect staffing to other program areas without
compromising compliance."
The IRS will use the new Form 990 and other
traditional techniques to continue to ensure
organizations are complying with the rules for publicly
supported charity status on an ongoing basis.
Organizations that have already received an advance
ruling under the old regime, but are still in their first
five years of existence, can use their advance ruling
letter as their final determination letter. In addition to
the streamlined approval process, the new
regulations include other modifications necessary to
implement the redesigned Form 990. Organizations
will begin filing the new Form 990 for their 2008 tax
year.
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