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File 2012 taxes tax preparer Internal Revenue Bulletin:  2012-14  April 2, 2012  Rev. File 2012 taxes tax preparer Proc. File 2012 taxes tax preparer 2012-23 Table of Contents SECTION 1. File 2012 taxes tax preparer PURPOSE SECTION 2. File 2012 taxes tax preparer BACKGROUND SECTION 3. File 2012 taxes tax preparer SCOPE SECTION 4. File 2012 taxes tax preparer APPLICATION. File 2012 taxes tax preparer 01 Limitations on Depreciation Deductions for Certain Automobiles. File 2012 taxes tax preparer . File 2012 taxes tax preparer 02 Inclusions in Income of Lessees of Passenger Automobiles. File 2012 taxes tax preparer SECTION 5. File 2012 taxes tax preparer EFFECTIVE DATE SECTION 6. File 2012 taxes tax preparer DRAFTING INFORMATION SECTION 1. File 2012 taxes tax preparer PURPOSE This revenue procedure provides: (1) limitations on depreciation deductions for owners of passenger automobiles first placed in service by the taxpayer during calendar year 2012, including separate tables of limitations on depreciation deductions for trucks and vans; and (2) the amounts that must be included in income by lessees of passenger automobiles first leased by the taxpayer during calendar year 2012, including a separate table of inclusion amounts for lessees of trucks and vans. File 2012 taxes tax preparer The tables detailing these depreciation limitations and lessee inclusion amounts reflect the automobile price inflation adjustments required by § 280F(d)(7) of the Internal Revenue Code. File 2012 taxes tax preparer SECTION 2. File 2012 taxes tax preparer BACKGROUND . File 2012 taxes tax preparer 01 For owners of passenger automobiles, § 280F(a) imposes dollar limitations on the depreciation deduction for the year the taxpayer places the passenger automobile in service and for each succeeding year. File 2012 taxes tax preparer For passenger automobiles placed in service after 1988, § 280F(d)(7) requires the Internal Revenue Service to increase the amounts allowable as depreciation deductions by a price inflation adjustment amount. File 2012 taxes tax preparer The method of calculating this price inflation amount for trucks and vans placed in service in or after calendar year 2003 uses a different CPI “automobile component” (the “new trucks” component) than that used in the price inflation amount calculation for other passenger automobiles (the “new cars” component), resulting in somewhat higher depreciation deductions for trucks and vans. File 2012 taxes tax preparer This change reflects the higher rate of price inflation for trucks and vans since 1988. File 2012 taxes tax preparer . File 2012 taxes tax preparer 02 Section 401(a) of the Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Pub. File 2012 taxes tax preparer L. File 2012 taxes tax preparer No. File 2012 taxes tax preparer 111-312, 124 Stat. File 2012 taxes tax preparer 3296 (Dec. File 2012 taxes tax preparer 17, 2010) (the “Act”) extended the 50 percent additional first year depreciation deduction under § 168(k) to qualified property acquired by the taxpayer after December 31, 2007, and before January 1, 2013, if no written binding contract for the acquisition of the property existed before January 1, 2008, and if the taxpayer places the property in service generally before January 1, 2013. File 2012 taxes tax preparer Section 168(k)(2)(F)(i) increases the first year depreciation allowed under § 280F(a)(1)(A)(i) by $8,000 for passenger automobiles to which the additional first year depreciation deduction under § 168(k) (hereinafter, referred to as “§ 168(k) additional first year depreciation deduction”) applies. File 2012 taxes tax preparer . File 2012 taxes tax preparer 03 Section 168(k)(2)(D)(i) provides that the § 168(k) additional first year depreciation deduction does not apply to any property required to be depreciated under the alternative depreciation system of § 168(g), including property described in § 280F(b)(1). File 2012 taxes tax preparer Section 168(k)(2)(D)(iii) permits a taxpayer to elect out of the § 168(k) additional first year depreciation deduction for any class of property. File 2012 taxes tax preparer Section 168(k)(4), as amended by the Act, permits a corporation to elect to increase the alternative minimum tax (“AMT”) credit limitation under § 53(c), instead of claiming the § 168(k) additional first year depreciation deduction for all eligible qualified property placed in service after December 31, 2010, that is round 2 extension property (as defined in § 168(k)(4)(I)(iv)). File 2012 taxes tax preparer Accordingly, this revenue procedure provides tables for passenger automobiles for which the § 168(k) additional first year depreciation deduction applies. File 2012 taxes tax preparer This revenue procedure also provides tables for passenger automobiles for which the § 168(k) additional first year depreciation deduction does not apply, either because taxpayer (1) purchased the passenger automobile used; (2) did not use the passenger automobile during 2012 more than 50 percent for business purposes; (3) elected out of the § 168(k) additional first year depreciation deduction pursuant to § 168(k)(2)(D)(iii); or (4) elected to increase the § 53 AMT credit limitation in lieu of claiming § 168(k) additional first year depreciation. File 2012 taxes tax preparer . File 2012 taxes tax preparer 04 Section 280F(c) requires a reduction in the deduction allowed to the lessee of a leased passenger automobile. File 2012 taxes tax preparer The reduction must be substantially equivalent to the limitations on the depreciation deductions imposed on owners of passenger automobiles. File 2012 taxes tax preparer Under § 1. File 2012 taxes tax preparer 280F-7(a) of the Income Tax Regulations, this reduction requires a lessee to include in gross income an amount determined by applying a formula to the amount obtained from a table. File 2012 taxes tax preparer One table applies to lessees of trucks and vans and another table applies to all other passenger automobiles. File 2012 taxes tax preparer Each table shows inclusion amounts for a range of fair market values for each taxable year after the passenger automobile is first leased. File 2012 taxes tax preparer SECTION 3. File 2012 taxes tax preparer SCOPE . File 2012 taxes tax preparer 01 The limitations on depreciation deductions in section 4. File 2012 taxes tax preparer 01(2) of this revenue procedure apply to passenger automobiles (other than leased passenger automobiles) that are placed in service by the taxpayer in calendar year 2012, and continue to apply for each taxable year that the passenger automobile remains in service. File 2012 taxes tax preparer . File 2012 taxes tax preparer 02 The tables in section 4. File 2012 taxes tax preparer 02 of this revenue procedure apply to leased passenger automobiles for which the lease term begins during calendar year 2012. File 2012 taxes tax preparer Lessees of these passenger automobiles must use these tables to determine the inclusion amount for each taxable year during which the passenger automobile is leased. File 2012 taxes tax preparer See Rev. File 2012 taxes tax preparer Proc. File 2012 taxes tax preparer 2007-30, 2007-1 C. File 2012 taxes tax preparer B. File 2012 taxes tax preparer 1104, for passenger automobiles first leased during calendar year 2007; Rev. File 2012 taxes tax preparer Proc. File 2012 taxes tax preparer 2008-22, 2008-1 C. File 2012 taxes tax preparer B. File 2012 taxes tax preparer 658, for passenger automobiles first leased during calendar year 2008; Rev. File 2012 taxes tax preparer Proc. File 2012 taxes tax preparer 2009-24, 2009-17 I. File 2012 taxes tax preparer R. File 2012 taxes tax preparer B. File 2012 taxes tax preparer 885, for passenger automobiles first leased during calendar year 2009; Rev. File 2012 taxes tax preparer Proc. File 2012 taxes tax preparer 2010-18, 2010-9 I. File 2012 taxes tax preparer R. File 2012 taxes tax preparer B. File 2012 taxes tax preparer 427, as amplified and modified by section 4. File 2012 taxes tax preparer 03 of Rev. File 2012 taxes tax preparer Proc. File 2012 taxes tax preparer 2011-21, 2011-12 I. File 2012 taxes tax preparer R. File 2012 taxes tax preparer B. File 2012 taxes tax preparer 560, for passenger automobiles first leased during calendar year 2010; and Rev. File 2012 taxes tax preparer Proc. File 2012 taxes tax preparer 2011-21, for passenger automobiles first leased during calendar year 2011. File 2012 taxes tax preparer SECTION 4. File 2012 taxes tax preparer APPLICATION . File 2012 taxes tax preparer 01 Limitations on Depreciation Deductions for Certain Automobiles. File 2012 taxes tax preparer (1) Amount of the inflation adjustment. File 2012 taxes tax preparer (a) Passenger automobiles (other than trucks or vans). File 2012 taxes tax preparer Under § 280F(d)(7)(B)(i), the automobile price inflation adjustment for any calendar year is the percentage (if any) by which the CPI automobile component for October of the preceding calendar year exceeds the CPI automobile component for October 1987. File 2012 taxes tax preparer Section 280F(d)(7)(B)(ii) defines the term “CPI automobile component” as the automobile component of the Consumer Price Index for all Urban Consumers published by the Department of Labor. File 2012 taxes tax preparer The new car component of the CPI was 115. File 2012 taxes tax preparer 2 for October 1987 and 143. File 2012 taxes tax preparer 419 for October 2011. File 2012 taxes tax preparer The October 2011 index exceeded the October 1987 index by 28. File 2012 taxes tax preparer 219. File 2012 taxes tax preparer Therefore, the automobile price inflation adjustment for 2012 for passenger automobiles (other than trucks and vans) is 24. File 2012 taxes tax preparer 5 percent (28. File 2012 taxes tax preparer 219/115. File 2012 taxes tax preparer 2 x 100%). File 2012 taxes tax preparer The dollar limitations in § 280F(a) are multiplied by a factor of 0. File 2012 taxes tax preparer 245, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations applicable to passenger automobiles (other than trucks and vans) for calendar year 2012. File 2012 taxes tax preparer This adjustment applies to all passenger automobiles (other than trucks and vans) that are first placed in service in calendar year 2012. File 2012 taxes tax preparer (b) Trucks and vans. File 2012 taxes tax preparer To determine the dollar limitations for trucks and vans first placed in service during calendar year 2012, the Service uses the new truck component of the CPI instead of the new car component. File 2012 taxes tax preparer The new truck component of the CPI was 112. File 2012 taxes tax preparer 4 for October 1987 and 146. File 2012 taxes tax preparer 607 for October 2011. File 2012 taxes tax preparer The October 2011 index exceeded the October 1987 index by 34. File 2012 taxes tax preparer 207. File 2012 taxes tax preparer Therefore, the automobile price inflation adjustment for 2012 for trucks and vans is 30. File 2012 taxes tax preparer 43 percent (34. File 2012 taxes tax preparer 207/112. File 2012 taxes tax preparer 4 x 100%). File 2012 taxes tax preparer The dollar limitations in § 280F(a) are multiplied by a factor of 0. File 2012 taxes tax preparer 3043, and the resulting increases, after rounding to the nearest $100, are added to the 1988 limitations to give the depreciation limitations for trucks and vans. File 2012 taxes tax preparer This adjustment applies to all trucks and vans that are first placed in service in calendar year 2012. File 2012 taxes tax preparer (2) Amount of the limitation. File 2012 taxes tax preparer Tables 1 through 4 contain the dollar amount of the depreciation limitation for each taxable year for passenger automobiles a taxpayer places in service in calendar year 2012. File 2012 taxes tax preparer Use Table 1 for a passenger automobile (other than a truck or van), and Table 2 for a truck or van, placed in service in calendar year 2012 for which the § 168(k) additional first year depreciation deduction applies. File 2012 taxes tax preparer Use Table 3 for a passenger automobile (other than a truck or van), and Table 4 for a truck or van, placed in service in calendar year 2012 for which the § 168(k) additional first year depreciation deduction does not apply. File 2012 taxes tax preparer REV. File 2012 taxes tax preparer PROC. File 2012 taxes tax preparer 2012-23 TABLE 1 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2012 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax Year Amount 1st Tax Year $11,160 2nd Tax Year $5,100 3rd Tax Year $3,050 Each Succeeding Year $1,875 REV. File 2012 taxes tax preparer PROC. File 2012 taxes tax preparer 2012-23 TABLE 2 DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2012 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION APPLIES Tax Year Amount 1st Tax Year $11,360 2nd Tax Year $5,300 3rd Tax Year $3,150 Each Succeeding Year $1,875 REV. File 2012 taxes tax preparer PROC. File 2012 taxes tax preparer 2012-23 TABLE 3 DEPRECIATION LIMITATIONS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) PLACED IN SERVICE IN CALENDAR YEAR 2012 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY Tax Year Amount 1st Tax Year $3,160 2nd Tax Year $5,100 3rd Tax Year $3,050 Each Succeeding Year $1,875 REV. File 2012 taxes tax preparer PROC. File 2012 taxes tax preparer 2012-23 TABLE 4 DEPRECIATION LIMITATIONS FOR TRUCKS AND VANS PLACED IN SERVICE IN CALENDAR YEAR 2012 FOR WHICH THE § 168(k) ADDITIONAL FIRST YEAR DEPRECIATION DEDUCTION DOES NOT APPLY Tax Year Amount 1st Tax Year $3,360 2nd Tax Year $5,300 3rd Tax Year $3,150 Each Succeeding Year $1,875 . File 2012 taxes tax preparer 02 Inclusions in Income of Lessees of Passenger Automobiles. File 2012 taxes tax preparer A taxpayer must follow the procedures in § 1. File 2012 taxes tax preparer 280F-7(a) for determining the inclusion amounts for passenger automobiles first leased in calendar year 2012. File 2012 taxes tax preparer In applying these procedures, lessees of passenger automobiles other than trucks and vans should use Table 5 of this revenue procedure, while lessees of trucks and vans should use Table 6 of this revenue procedure. File 2012 taxes tax preparer REV. File 2012 taxes tax preparer PROC. File 2012 taxes tax preparer 2012-23 TABLE 5 DOLLAR AMOUNTS FOR PASSENGER AUTOMOBILES (THAT ARE NOT TRUCKS OR VANS) WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2012 Fair Market Value of Passenger Automobile Tax Year During Lease Over Not Over 1st 2nd 3rd 4th 5th & Later $18,500 $19,000 2 4 5 6 8 19,000 19,500 2 4 7 7 9 19,500 20,000 2 5 8 8 10 20,000 20,500 3 5 9 10 11 20,500 21,000 3 6 9 12 12 21,000 21,500 3 7 10 12 14 21,500 22,000 3 8 11 13 16 22,000 23,000 4 8 13 15 17 23,000 24,000 4 10 15 17 20 24,000 25,000 5 11 17 19 23 25,000 26,000 6 12 19 21 26 26,000 27,000 6 14 20 24 28 27,000 28,000 7 15 22 26 31 28,000 29,000 7 16 25 28 33 29,000 30,000 8 18 25 32 35 30,000 31,000 9 19 27 34 38 31,000 32,000 9 20 30 36 41 32,000 33,000 10 21 32 38 43 33,000 34,000 10 23 33 41 46 34,000 35,000 11 24 35 43 49 35,000 36,000 12 25 37 45 52 36,000 37,000 12 27 39 47 54 37,000 38,000 13 28 41 49 57 38,000 39,000 13 29 43 52 59 39,000 40,000 14 30 45 54 62 40,000 41,000 14 32 47 56 65 41,000 42,000 15 33 49 58 68 42,000 43,000 16 34 51 61 70 43,000 44,000 16 36 52 63 73 44,000 45,000 17 37 54 66 75 45,000 46,000 17 38 57 67 78 46,000 47,000 18 39 59 70 80 47,000 48,000 19 40 61 72 83 48,000 49,000 19 42 62 75 86 49,000 50,000 20 43 64 77 89 50,000 51,000 20 45 66 79 91 51,000 52,000 21 46 68 81 94 52,000 53,000 21 47 70 84 96 53,000 54,000 22 48 72 86 99 54,000 55,000 23 49 74 88 102 55,000 56,000 23 51 76 90 104 56,000 57,000 24 52 78 92 107 57,000 58,000 24 54 79 95 110 58,000 59,000 25 55 81 97 113 59,000 60,000 26 56 83 100 115 60,000 62,000 26 58 86 103 119 62,000 64,000 28 60 90 108 124 64,000 66,000 29 63 94 112 129 66,000 68,000 30 66 97 117 135 68,000 70,000 31 68 102 121 140 70,000 72,000 32 71 105 126 145 72,000 74,000 33 74 109 130 151 74,000 76,000 35 76 113 135 156 76,000 78,000 36 78 117 140 161 78,000 80,000 37 81 120 145 166 80,000 85,000 39 86 127 152 176 85,000 90,000 42 92 137 163 189 90,000 95,000 45 98 147 175 202 95,000 100,000 48 105 155 187 215 100,000 110,000 52 115 170 203 235 110,000 120,000 58 127 189 227 262 120,000 130,000 64 140 208 250 288 130,000 140,000 70 153 227 272 315 140,000 150,000 75 166 246 296 340 150,000 160,000 81 179 265 318 368 160,000 170,000 87 192 284 341 394 170,000 180,000 93 204 304 364 420 180,000 190,000 99 217 323 387 446 190,000 200,000 105 230 342 409 473 200,000 210,000 111 243 361 432 499 210,000 220,000 116 256 380 455 526 220,000 230,000 122 269 399 478 552 230,000 240,000 128 282 418 501 578 240,000 and up 134 294 437 524 605 REV. File 2012 taxes tax preparer PROC. File 2012 taxes tax preparer 2012-23 TABLE 6 DOLLAR AMOUNTS FOR TRUCKS AND VANS WITH A LEASE TERM BEGINNING IN CALENDAR YEAR 2012 Fair Market Value of Truck or Van Tax Year During Lease Over Not Over 1st 2nd 3rd 4th 5th & Later $19,000 $19,500 1 4 5 6 7 19,500 20,000 2 4 6 7 9 20,000 20,500 2 5 7 8 10 20,500 21,000 2 5 8 10 11 21,000 21,500 3 6 9 10 13 21,500 22,000 3 6 10 12 14 22,000 23,000 3 8 11 14 15 23,000 24,000 4 9 13 16 18 24,000 25,000 4 10 15 19 21 25,000 26,000 5 11 17 21 24 26,000 27,000 6 12 19 23 26 27,000 28,000 6 14 21 25 29 28,000 29,000 7 15 23 27 32 29,000 30,000 7 17 24 30 34 30,000 31,000 8 18 26 32 37 31,000 32,000 9 19 28 34 40 32,000 33,000 9 20 31 36 42 33,000 34,000 10 21 33 39 44 34,000 35,000 10 23 34 41 48 35,000 36,000 11 24 36 44 50 36,000 37,000 12 25 38 46 53 37,000 38,000 12 27 40 48 55 38,000 39,000 13 28 42 50 58 39,000 40,000 13 29 44 53 60 40,000 41,000 14 31 45 55 63 41,000 42,000 14 32 48 57 66 42,000 43,000 15 33 50 59 69 43,000 44,000 16 34 52 61 72 44,000 45,000 16 36 53 64 74 45,000 46,000 17 37 55 66 77 46,000 47,000 17 38 58 68 79 47,000 48,000 18 40 59 70 82 48,000 49,000 19 41 61 73 84 49,000 50,000 19 42 63 75 87 50,000 51,000 20 43 65 78 89 51,000 52,000 20 45 66 80 93 52,000 53,000 21 46 68 83 95 53,000 54,000 21 48 70 84 98 54,000 55,000 22 49 72 87 100 55,000 56,000 23 50 74 89 103 56,000 57,000 23 51 76 92 105 57,000 58,000 24 52 78 94 108 58,000 59,000 24 54 80 96 111 59,000 60,000 25 55 82 98 114 60,000 62,000 26 57 85 101 118 62,000 64,000 27 60 88 106 123 64,000 66,000 28 62 93 110 128 66,000 68,000 29 65 96 115 134 68,000 70,000 30 67 100 120 139 70,000 72,000 32 70 103 125 144 72,000 74,000 33 72 108 129 149 74,000 76,000 34 75 111 134 155 76,000 78,000 35 78 115 138 160 78,000 80,000 36 80 119 143 165 80,000 85,000 38 85 125 151 175 85,000 90,000 41 91 135 163 187 90,000 95,000 44 98 144 174 201 95,000 100,000 47 104 154 185 214 100,000 110,000 52 113 169 202 234 110,000 120,000 57 127 187 225 261 120,000 130,000 63 139 207 248 287 130,000 140,000 69 152 226 271 313 140,000 150,000 75 165 245 294 339 150,000 160,000 81 178 264 316 366 160,000 170,000 87 190 283 340 392 170,000 180,000 92 204 302 362 419 180,000 190,000 98 216 322 385 445 190,000 200,000 104 229 340 409 471 200,000 210,000 110 242 359 431 498 210,000 220,000 116 255 378 454 524 220,000 230,000 122 267 398 477 551 230,000 240,000 127 281 416 500 577 240,000 and up 133 294 435 523 603 SECTION 5. File 2012 taxes tax preparer EFFECTIVE DATE This revenue procedure applies to passenger automobiles that a taxpayer first places in service or first leases during calendar year 2012. File 2012 taxes tax preparer SECTION 6. File 2012 taxes tax preparer DRAFTING INFORMATION The principal author of this revenue procedure is Bernard P. File 2012 taxes tax preparer Harvey of the Office of Associate Chief Counsel (Income Tax & Accounting). File 2012 taxes tax preparer For further information regarding this revenue procedure, contact Mr. File 2012 taxes tax preparer Harvey at (202) 622-4930 (not a toll-free call). File 2012 taxes tax preparer Prev  Up  Next   Home   More Internal Revenue Bulletins
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File 2012 taxes tax preparer 4. File 2012 taxes tax preparer   Other Section 501(c) Organizations Table of Contents Introduction 501(c)(4) - Civic Leagues and Social Welfare OrganizationsSpecific Organizations 501(c)(5) - Labor, Agricultural and Horticultural OrganizationsLabor Organizations Agricultural and Horticultural Organizations 501(c)(6) - Business Leagues, etc. File 2012 taxes tax preparer Line of business. File 2012 taxes tax preparer Examples. File 2012 taxes tax preparer Improvement of business conditions. File 2012 taxes tax preparer Exception for local legislation. File 2012 taxes tax preparer De minimis exception. File 2012 taxes tax preparer Grass roots lobbying. File 2012 taxes tax preparer 501(c)(7) - Social and Recreation ClubsLimited membership. File 2012 taxes tax preparer Support. File 2012 taxes tax preparer Facilities open to public. File 2012 taxes tax preparer Gross receipts from nonmembership sources. File 2012 taxes tax preparer Gross receipts. File 2012 taxes tax preparer Nontraditional activities. File 2012 taxes tax preparer 501(c)(8) and 501(c)(10) - Fraternal Beneficiary Societies and Domestic Fraternal SocietiesFraternal Beneficiary Societies (501(c)(8)) Domestic Fraternal Societies (501(c)(10)) 501(c)(4), 501(c)(9), and 501(c)(17) - Employees' AssociationsLocal Employees' Associations (501(c)(4)) Voluntary Employees' Beneficiary Associations (501(c)(9)) Supplemental Unemployment Benefit Trusts (501(c)(17)) 501(c)(12) - Local Benevolent Life Insurance Associations, Mutual Irrigation and Telephone Companies, and Like OrganizationsMembership. File 2012 taxes tax preparer Losses and expenses. File 2012 taxes tax preparer Distributions of proceeds. File 2012 taxes tax preparer The 85% Requirement Local Life Insurance Associations Mutual or Cooperative Associations 501(c)(13) - Cemetery CompaniesBuying cemetery property. File 2012 taxes tax preparer Perpetual care organization. File 2012 taxes tax preparer Care of individual plots. File 2012 taxes tax preparer 501(c)(14) - Credit Unions and Other Mutual Financial OrganizationsState-Chartered Credit Unions Other Mutual Financial Organizations 501(c)(19) - Veterans' Organizations 501(c)(20) - Group Legal Services Plan Organizations 501(c)(21) - Black Lung Benefit TrustsExcise taxes. File 2012 taxes tax preparer 501(c)(2) - Title-Holding Corporations for Single Parent CorporationsExpenses. File 2012 taxes tax preparer Waiver of payment of income. File 2012 taxes tax preparer 501(c)(25) - Title-Holding Corporations or Trusts for Multiple Parent CorporationsUnrelated Business Income 501(c)(26) - State-Sponsored High-Risk Health Coverage Organizations 501(c)(27) - Qualified State-Sponsored Workers' Compensation Organizations 501(c)(29) - CO-OP Health Insurance Issuers New Guidance for IRC 501(c)(29) Qualified Nonprofit Health Insurance Issuers General Requirements for Exemption under 501(c)(29) and Annual Filing Requirement Additional Guidance for Prospective 501(c)(29) Organizations Introduction This chapter contains specific information for certain organizations described in section 501(c), other than those organizations that are described in section 501(c)(3). File 2012 taxes tax preparer Section 501(c)(3) organizations are covered in chapter 3 of this publication. File 2012 taxes tax preparer The Table of Contents at the beginning of this publication, as well as the Organization Reference Chart, may help you locate at a glance the type of organization discussed in this chapter. File 2012 taxes tax preparer 501(c)(4) - Civic Leagues and Social Welfare Organizations If your organization is not organized for profit and will be operated primarily to promote social welfare to benefit the community, you should file Form 1024 to apply for recognition of exemption from federal income tax under section 501(c)(4). File 2012 taxes tax preparer The discussion that follows describes the information you must provide when applying. File 2012 taxes tax preparer For application procedures, see chapter 1. File 2012 taxes tax preparer To qualify for exemption under section 501(c)(4), the organization's net earnings must be devoted primarily to charitable, educational, or recreational purposes. File 2012 taxes tax preparer In addition, no part of the organization's net earnings can inure to the benefit of any private shareholder or individual. File 2012 taxes tax preparer If the organization provides an excess benefit to certain persons, an excise tax may be imposed. File 2012 taxes tax preparer See Excise tax on excess benefit transactions , under Excess Benefit Transactions in chapter 5 for more information about this tax. File 2012 taxes tax preparer Examples. File 2012 taxes tax preparer   Types of organizations that are considered to be social welfare organizations are civic associations and volunteer fire companies. File 2012 taxes tax preparer Nonprofit operation. File 2012 taxes tax preparer   You must submit evidence that your organization is organized and will be operated on a nonprofit basis. File 2012 taxes tax preparer However, such evidence, including the fact that your organization is organized under a state law relating to nonprofit corporations, will not in itself establish a social welfare purpose. File 2012 taxes tax preparer Social welfare. File 2012 taxes tax preparer   To establish that your organization is organized primarily to promote social welfare, you should submit evidence with your application showing that your organization will operate primarily to further (in some way) the common good and general welfare of the people of the community (such as by bringing about civic betterment and social improvements). File 2012 taxes tax preparer   An organization that restricts the use of its facilities to employees of selected corporations and their guests is primarily benefiting a private group rather than the community. File 2012 taxes tax preparer It therefore does not qualify as a section 501(c)(4) organization. File 2012 taxes tax preparer Similarly, an organization formed to represent member-tenants of an apartment complex does not qualify, since its activities benefit the member-tenants and not all tenants in the community. File 2012 taxes tax preparer However, an organization formed to promote the legal rights of all tenants in a particular community may qualify under section 501(c)(4) as a social welfare organization. File 2012 taxes tax preparer Political activity. File 2012 taxes tax preparer   Promoting social welfare does not include direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office. File 2012 taxes tax preparer However, if you submit proof that your organization is organized primarily to promote social welfare, it can obtain exemption even if it participates legally in some political activity on behalf of or in opposition to candidates for public office. File 2012 taxes tax preparer See the discussion in chapter 2 under Political Organization Income Tax Return . File 2012 taxes tax preparer Social or recreational activity. File 2012 taxes tax preparer   If social activities will be the primary purpose of your organization, you should not file an application for exemption as a social welfare organization but should file for exemption as a social club described in section 501(c)(7). File 2012 taxes tax preparer Retirement benefit program. File 2012 taxes tax preparer   An organization established by its members that has as its primary activity providing supplemental retirement benefits to its members or death benefits to their beneficiaries does not qualify as an exempt social welfare organization. File 2012 taxes tax preparer It may qualify under another paragraph of section 501(c) depending on all the facts. File 2012 taxes tax preparer   However, a nonprofit association that is established, maintained, and funded by a local government to provide the only retirement benefits to a class of employees may qualify as a social welfare organization under section 501(c)(4). File 2012 taxes tax preparer Tax treatment of donations. File 2012 taxes tax preparer   Donations to volunteer fire companies are deductible on the donor's federal income tax return, but only if made for exclusively public purposes. File 2012 taxes tax preparer Contributions to civic leagues or other section 501(c)(4) organizations generally are not deductible as charitable contributions for federal income tax purposes. File 2012 taxes tax preparer They may be deductible as trade or business expenses, if ordinary and necessary in the conduct of the taxpayer's business. File 2012 taxes tax preparer However, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. File 2012 taxes tax preparer for more information. File 2012 taxes tax preparer For more information on social welfare organizations, see Life Cycle of a Social Welfare Organization at IRS. File 2012 taxes tax preparer gov. File 2012 taxes tax preparer Specific Organizations The following information should be contained in the application form and accompanying statements of certain types of civic leagues or social welfare organizations. File 2012 taxes tax preparer Volunteer fire companies. File 2012 taxes tax preparer   If your organization wishes to obtain exemption as a volunteer fire company or similar organization, you should submit evidence that its members are actively engaged in fire fighting and similar disaster assistance, whether it actually owns the fire fighting equipment, and whether it provides any assistance for its members, such as death and medical benefits in case of injury to them. File 2012 taxes tax preparer   If your organization does not have an independent social purpose, such as providing recreational facilities for members, it may be exempt under section 501(c)(3). File 2012 taxes tax preparer In this event, your organization should file Form 1023. File 2012 taxes tax preparer Homeowners' associations. File 2012 taxes tax preparer   A membership organization formed by a real estate developer to own and maintain common green areas, streets, and sidewalks and to enforce covenants to preserve the appearance of the development should show that it is operated for the benefit of all the residents of the community. File 2012 taxes tax preparer The term community generally refers to a geographical unit recognizable as a governmental subdivision, unit, or district thereof. File 2012 taxes tax preparer Whether a particular association meets the requirement of benefiting a community depends on the facts and circumstances of each case. File 2012 taxes tax preparer Even if an area represented by an association is not a community, the association can still qualify for exemption if its activities benefit a community. File 2012 taxes tax preparer   The association should submit evidence that areas such as roadways and park land that it owns and maintains are open to the general public and not just its own members. File 2012 taxes tax preparer It also must show that it does not engage in exterior maintenance of private homes. File 2012 taxes tax preparer   A homeowners' association that is not exempt under section 501(c)(4) and that is a condominium management association, a residential real estate management association, or a timeshare association generally can elect under the provisions of section 528 to receive certain tax benefits that, in effect, permit it to exclude its exempt function income from its gross income. File 2012 taxes tax preparer Other organizations. File 2012 taxes tax preparer   Other nonprofit organizations that qualify as social welfare organizations include: An organization operating an airport that is on land owned by a local government, which supervises the airport's operation, and that serves the general public in an area with no other airport, A community association that works to improve public services, housing, and residential parking; publishes a free community newspaper; sponsors a community sports league, holiday programs, and meetings; and contracts with a private security service to patrol the community, A community association devoted to preserving the community's traditions, architecture, and appearance by representing it before the local legislature and administrative agencies in zoning, traffic, and parking matters, An organization that tries to encourage industrial development and relieve unemployment in an area by making loans to businesses so they will relocate to the area, and An organization that holds an annual festival of regional customs and traditions. File 2012 taxes tax preparer 501(c)(5) - Labor, Agricultural and Horticultural Organizations If you are a member of an organization that wants to obtain recognition of exemption from federal income tax as a labor, agricultural, or horticultural organization, you should submit an application on Form 1024. File 2012 taxes tax preparer You must indicate in your application for exemption and accompanying statements that no part of the organization's net earnings will inure to the benefit of any member. File 2012 taxes tax preparer In addition, you should follow the procedure for obtaining recognition of exempt status described in chapter 1. File 2012 taxes tax preparer Submit any additional information that may be required, as described in this section. File 2012 taxes tax preparer Tax treatment of donations. File 2012 taxes tax preparer   Contributions to labor, agricultural, and horticultural organizations are not deductible as charitable contributions on the donor's federal income tax return. File 2012 taxes tax preparer However, such payments may be deductible as business expenses if they are ordinary and necessary in the conduct of the taxpayer's trade or business. File 2012 taxes tax preparer For more information about certain limits affecting the deductibility of these business expenses, see Deduction not allowed for dues used for political or legislative activities , under 501(c)(6) - Business Leagues, etc. File 2012 taxes tax preparer Labor Organizations A labor organization is an association of workers who have combined to protect and promote the interests of the members by bargaining collectively with their employers to secure better working conditions. File 2012 taxes tax preparer To show that your organization has the purpose of a labor organization, you should include in the articles of organization or accompanying statements (submitted with your exemption application) information establishing that the organization is organized to better the conditions of workers, improve the grade of their products, and develop a higher degree of efficiency in their respective occupations. File 2012 taxes tax preparer In addition, no net earnings of the organization can inure to the benefit of any member. File 2012 taxes tax preparer Composition of membership. File 2012 taxes tax preparer   While a labor organization generally is composed of employees or representatives of the employees (in the form of collective bargaining agents) and similar employee groups, evidence that an organization's membership consists mainly of workers does not in itself indicate an exempt purpose. File 2012 taxes tax preparer You must show in your application that your organization has the purposes described in the preceding paragraph. File 2012 taxes tax preparer These purposes can be accomplished by a single labor organization acting alone or by several organizations acting together through a separate organization. File 2012 taxes tax preparer Benefits to members. File 2012 taxes tax preparer   The payment by a labor organization of death, sick, accident, and similar benefits to its individual members with funds contributed by its members, if made under a plan to better the conditions of the members, does not preclude exemption as a labor organization. File 2012 taxes tax preparer However, an organization does not qualify for exemption as a labor organization if it has no authority to represent members in job-related matters, even if it provides weekly income to its members in the event of a lawful strike by the members' union, in return for an annual payment by the member. File 2012 taxes tax preparer   For more information on labor organizations, see Life Cycle of a Labor Organization at IRS. File 2012 taxes tax preparer gov. File 2012 taxes tax preparer Agricultural and Horticultural Organizations Agricultural and horticultural organizations are connected with raising livestock, forestry, cultivating land, raising and harvesting crops or aquatic resources, cultivating useful or ornamental plants, and similar pursuits. File 2012 taxes tax preparer For the purpose of these provisions, aquatic resources include only animal or vegetable life, but not mineral resources. File 2012 taxes tax preparer The term harvesting, in this case, includes fishing and related pursuits. File 2012 taxes tax preparer Agricultural organizations can be quasi-public in character and are often designed to encourage the development of better agricultural and horticultural products through a system of awards, using income from entry fees, gate receipts, and donations to meet the necessary expenses of upkeep and operation. File 2012 taxes tax preparer When the activities are directed toward the improvement of marketing or other business conditions in one or more lines of business, rather than the improvement of production techniques or the betterment of the conditions of persons engaged in agriculture, the organization must qualify for exemption as a business league, board of trade, or other organization, as discussed next in the section on 501(c)(6) organizations. File 2012 taxes tax preparer The primary purpose of exempt agricultural and horticultural organizations must be to better the conditions of those engaged in agriculture or horticulture, develop more efficiency in agriculture or horticulture, or improve the products. File 2012 taxes tax preparer The following list contains some examples of activities that show an agricultural or horticultural purpose. File 2012 taxes tax preparer Promoting various cooperative agricultural, horticultural, and civic activities among rural residents by a state, farm, or home bureau. File 2012 taxes tax preparer Exhibiting livestock, farm products, and other characteristic features of agriculture and horticulture. File 2012 taxes tax preparer Testing soil for members and nonmembers of the farm bureau on a cost basis, the results of the tests and other recommendations being furnished to the community members to educate them in soil treatment. File 2012 taxes tax preparer Guarding the purity of a specific breed of livestock. File 2012 taxes tax preparer Encouraging improvements in the production of fish on privately owned fish farms. File 2012 taxes tax preparer Negotiating with processors for the price to be paid to members for their crops. File 2012 taxes tax preparer For more information on agricultural or horticultural organizations, see Life Cycle of an Agricultural or Horticultural Organization at IRS. File 2012 taxes tax preparer gov. File 2012 taxes tax preparer 501(c)(6) - Business Leagues, etc. File 2012 taxes tax preparer If your association wants to apply for recognition of exemption from federal income tax as a nonprofit business league, chamber of commerce, real estate board, or board of trade, it should file Form 1024. File 2012 taxes tax preparer For a discussion of the procedure to follow, see chapter 1. File 2012 taxes tax preparer Your organization must indicate in its application form and attached statements that no part of its net earnings will inure to the benefit of any private shareholder or individual and that it is not organized for profit or organized to engage in an activity ordinarily carried on for profit (even if the business is operated on a cooperative basis or produces only sufficient income to be self-sustaining). File 2012 taxes tax preparer In addition, your organization must be primarily engaged in activities or functions that are the basis for its exemption. File 2012 taxes tax preparer It must be primarily supported by membership dues and other income from activities substantially related to its exempt purpose. File 2012 taxes tax preparer A business league, in general, is an association of persons having some common business interest, the purpose of which is to promote that common interest and not to engage in a regular business of a kind ordinarily carried on for profit. File 2012 taxes tax preparer Trade associations and professional associations are considered business leagues. File 2012 taxes tax preparer Chamber of commerce. File 2012 taxes tax preparer   A chamber of commerce usually is composed of the merchants and traders of a city. File 2012 taxes tax preparer Board of trade. File 2012 taxes tax preparer   A board of trade often consists of persons engaged in similar lines of business. File 2012 taxes tax preparer For example, a nonprofit organization formed to regulate the sale of a specified agricultural commodity to assure equal treatment of producers, warehouse workers, and buyers is a board of trade. File 2012 taxes tax preparer   Chambers of commerce and boards of trade usually promote the common economic interests of all the commercial enterprises in a given trade community. File 2012 taxes tax preparer Real estate board. File 2012 taxes tax preparer   A real estate board consists of members interested in improving the business conditions in the real estate field. File 2012 taxes tax preparer It is not organized for profit and no part of the net earnings inures to the benefit of any private shareholder or individual. File 2012 taxes tax preparer Professional football leagues. File 2012 taxes tax preparer   The Internal Revenue Code specifically defines professional football leagues as exempt organizations under section 501(c)(6). File 2012 taxes tax preparer They are exempt whether or not they administer a pension fund for football players. File 2012 taxes tax preparer General purpose. File 2012 taxes tax preparer   You must indicate in the material submitted with your application that your organization will be devoted to the improvement of business conditions of one or more lines of business as distinguished from the performance of particular services for individual persons. File 2012 taxes tax preparer It must be shown that the conditions of a particular trade or the interests of the community will be advanced. File 2012 taxes tax preparer Merely indicating the name of the organization or the object of the local statute under which it is created is not enough to demonstrate the required general purpose. File 2012 taxes tax preparer Line of business. File 2012 taxes tax preparer   This term generally refers either to an entire industry or to all components of an industry within a geographic area. File 2012 taxes tax preparer It does not include a group composed of businesses that market a particular brand within an industry. File 2012 taxes tax preparer Common business interest. File 2012 taxes tax preparer   A common business interest of all members of the organization must be established by the application documents. File 2012 taxes tax preparer Examples. File 2012 taxes tax preparer   Activities that would tend to illustrate a common business interest are: Promotion of higher business standards and better business methods and encouragement of uniformity and cooperation by a retail merchants association, Education of the public in the use of credit, Establishment of uniform casualty rates and compilation of statistical information by an insurance rating bureau operated by casualty insurance companies, Establishment and maintenance of the integrity of a local commercial market, Operation of a trade publication primarily intended to benefit an entire industry, and Encouragement of the use of goods and services of an entire industry (such as a lawyer referral service whose main purpose is to introduce individuals to the use of the legal profession in the hope that they will enter into lawyer-client relationships on a paying basis as a result). File 2012 taxes tax preparer Improvement of business conditions. File 2012 taxes tax preparer   Generally, this must be shown to be the purpose of the organization. File 2012 taxes tax preparer This is not established by evidence of particular services that provide a convenience or economy to individual members in their businesses, such as advertising that carries the name of members, interest-free loans, assigning exclusive franchise areas, operation of a real estate multiple listing system, or operation of a credit reporting agency. File 2012 taxes tax preparer Stock or commodity exchange. File 2012 taxes tax preparer   A stock or commodity exchange is not a business league, chamber of commerce, real estate board, or board of trade and is not exempt under section 501(c)(6). File 2012 taxes tax preparer Legislative activity. File 2012 taxes tax preparer   An organization that is exempt under section 501(c)(6) can work for the enactment of laws to advance the common business interests of the organization's members. File 2012 taxes tax preparer Deduction not allowed for dues used for political or legislative activities. File 2012 taxes tax preparer   A taxpayer cannot deduct the part of dues or other payments to a business league, trade association, labor union, or similar organization that is reported to the taxpayer by the organization as having been used for any of the following activities. File 2012 taxes tax preparer Influencing legislation. File 2012 taxes tax preparer Participating or intervening in a political campaign for, or against, any candidate for public office. File 2012 taxes tax preparer Trying to influence the general public, or part of the general public, with respect to elections, legislative matters, or referendums (also known as grass roots lobbying). File 2012 taxes tax preparer Communicating directly with certain executive branch officials to try to influence their official actions or positions. File 2012 taxes tax preparer See Dues Used for Lobbying or Political Activities under Required Disclosures in chapter 2 for more information. File 2012 taxes tax preparer Exception for local legislation. File 2012 taxes tax preparer   Members can deduct dues (or assessments) to an organization that are for expenses of: Appearing before, submitting statements to, or sending communications to members of a local council or similar governing body with respect to legislation or proposed legislation of direct interest to the member, or Communicating information between the member and the organization with respect to local legislation or proposed legislation of direct interest to the organization or the member. File 2012 taxes tax preparer Legislation or proposed legislation is of direct interest to a taxpayer if it will, or can reasonably be expected to, affect the taxpayer's trade or business. File 2012 taxes tax preparer De minimis exception. File 2012 taxes tax preparer   In-house expenditures of $2,000 or less for the year for activities (1) – (4) listed earlier will not prevent a deduction for dues if the dues meet all other tests to be deductible as a business expense. File 2012 taxes tax preparer Grass roots lobbying. File 2012 taxes tax preparer   A tax-exempt trade association, labor union, or similar organization is considered to be engaging in grass roots lobbying if it contacts prospective members or calls upon its own members to contact their employees and customers for the purpose of urging such persons to communicate with their elected state or Congressional representatives to support the promotion, defeat, or repeal of legislation that is of direct interest to the organization. File 2012 taxes tax preparer Any dues or assessments directly related to such activities are not deductible by the taxpayer, since the individuals being contacted, who are not members of the organization, are a segment of the general public. File 2012 taxes tax preparer Tax treatment of donations. File 2012 taxes tax preparer   Contributions to organizations described in this section are not deductible as charitable contributions on the donor's federal income tax return. File 2012 taxes tax preparer They may be deductible as trade or business expenses if ordinary and necessary in the conduct of the taxpayer's business. File 2012 taxes tax preparer   For more information on business leagues, see Life Cycle of a Business League (Trade Association) on IRS. File 2012 taxes tax preparer gov. File 2012 taxes tax preparer 501(c)(7) - Social and Recreation Clubs If your club is organized for pleasure, recreation, and other similar nonprofitable purposes and substantially all of its activities are for these purposes, it should file Form 1024 to apply for recognition of exemption from federal income tax. File 2012 taxes tax preparer In applying for recognition of exemption, you should submit the information described in this section. File 2012 taxes tax preparer Also see chapter 1 for the procedures to follow. File 2012 taxes tax preparer Typical organizations that should file for recognition of exemption as social clubs include: College alumni associations that are not described in chapter 3 under Alumni association , College fraternities or sororities operating chapter houses for students, Country clubs, Amateur hunting, fishing, tennis, swimming, and other sport clubs, Dinner clubs that provide a meeting place, library, and dining room for members, Hobby clubs, Garden clubs, and Variety clubs. File 2012 taxes tax preparer Discrimination prohibited. File 2012 taxes tax preparer   Your organization will not be recognized as tax exempt if its charter, bylaws, or other governing instrument, or any written policy statement provides for discrimination against any person on the basis of race, color, or religion. File 2012 taxes tax preparer   However, a club that in good faith limits its membership to the members of a particular religion to further the teachings or principles of that religion and not to exclude individuals of a particular race or color will not be considered as discriminating on the basis of religion. File 2012 taxes tax preparer Also, the restriction on religious discrimination does not apply to a club that is an auxiliary of a fraternal beneficiary society (discussed later) if that society is described in section 501(c)(8) and exempt from tax under section 501(a) and limits its membership to the members of a particular religion. File 2012 taxes tax preparer Private benefit prohibited. File 2012 taxes tax preparer   No part of the organization's net earnings can inure to the benefit of any person having a personal and private interest in the activities of the organization. File 2012 taxes tax preparer For purposes of this requirement, it is not necessary that net earnings be actually distributed. File 2012 taxes tax preparer Even undistributed earnings can benefit members. File 2012 taxes tax preparer Examples of this include a decrease in membership dues or an increase in the services the club provides to its members without a corresponding increase in dues or other fees paid for club support. File 2012 taxes tax preparer However, fixed-fee payments to members who bring new members into the club are not an inurement of the club's net earnings, if the payments are reasonable compensation for performance of a necessary administrative service. File 2012 taxes tax preparer Purposes. File 2012 taxes tax preparer   To show that your organization possesses the characteristics of a club within the meaning of the exemption law, you should submit evidence with your application that personal contact, commingling, and fellowship exist among members. File 2012 taxes tax preparer You must show that members are bound together by a common objective of pleasure, recreation, and other nonprofitable purposes. File 2012 taxes tax preparer   Fellowship need not be present between each member and every other member of a club if it is a material part in the life of the organization. File 2012 taxes tax preparer A statewide or nationwide organization that is made up of individual members, but is divided into local groups, satisfies this requirement if fellowship is a material part of the life of each local group. File 2012 taxes tax preparer   The term other nonprofitable purposes means other purposes similar to pleasure and recreation. File 2012 taxes tax preparer For example, a club that, in addition to its social activities, has a plan for the payment of sick and death benefits is not operating exclusively for pleasure, recreation, and other nonprofitable purposes. File 2012 taxes tax preparer Limited membership. File 2012 taxes tax preparer   The membership in a social club must be limited. File 2012 taxes tax preparer To show that your organization has a purpose that would characterize it as a club, you should submit evidence with your application that there are limits on admission to membership consistent with the character of the club. File 2012 taxes tax preparer   A social club that issues corporate membership is dealing with the general public in the form of the corporation's employees. File 2012 taxes tax preparer Corporate members of a club are not the kind of members contemplated by the law. File 2012 taxes tax preparer Gross receipts from these members would be a factor in determining whether the club qualifies as a social club. File 2012 taxes tax preparer See Gross receipts from nonmembership sources , later. File 2012 taxes tax preparer Bona fide individual memberships paid for by a corporation would not have an effect on the gross receipts source. File 2012 taxes tax preparer   The fact that a social club may have an associate (nonvoting) class of membership will not be, in and of itself, a cause for nonrecognition of exemption. File 2012 taxes tax preparer However, if one membership class pays substantially lower dues and fees than another membership class, although both classes enjoy the same rights and privileges in using the club facilities, there may be an inurement of income to the benefited class, resulting in a denial of the club's exemption. File 2012 taxes tax preparer Support. File 2012 taxes tax preparer   In general, your club should be supported solely by membership fees, dues, and assessments. File 2012 taxes tax preparer However, if otherwise entitled to exemption, your club will not be disqualified because it raises revenue from members through the use of club facilities or in connection with club activities. File 2012 taxes tax preparer Business activities. File 2012 taxes tax preparer   If your club will engage in business, such as selling real estate, timber, or other products or services, it generally will be denied exemption. File 2012 taxes tax preparer However, evidence submitted with your application form that your organization will provide meals, refreshments, or services related to its exempt purposes only to its own members or their dependents or guests will not cause denial of exemption. File 2012 taxes tax preparer Facilities open to public. File 2012 taxes tax preparer   Evidence that your club's facilities will be open to the general public (persons other than members or their dependents or guests) may cause denial of exemption. File 2012 taxes tax preparer This does not mean, however, that any dealing with outsiders will automatically deprive a club of exemption. File 2012 taxes tax preparer Gross receipts from nonmembership sources. File 2012 taxes tax preparer   A section 501(c)(7) organization can receive up to 35% of its gross receipts, including investment income, from sources outside of its membership without losing its tax-exempt status. File 2012 taxes tax preparer Income from nontraditional business activity with members is not exempt function income, and thus is included as income from sources outside of the membership. File 2012 taxes tax preparer Of the 35% gross receipts listed above, up to 15% of the gross receipts can be derived from the use of the club's facilities or services by the general public. File 2012 taxes tax preparer If an organization has outside income that is more than these limits, all the facts and circumstances will be taken into account in determining whether the organization qualifies for exempt status. File 2012 taxes tax preparer Gross receipts. File 2012 taxes tax preparer   Gross receipts, for this purpose, are receipts from the normal and usual (traditionally conducted) activities of the club. File 2012 taxes tax preparer These receipts include charges, admissions, membership fees, dues, assessments, investment income, and normal recurring capital gains on investments. File 2012 taxes tax preparer Receipts do not include initiation fees and capital contributions. File 2012 taxes tax preparer Unusual amounts of income, such as from the sale of a clubhouse or similar facility, are not included in gross receipts or in figuring the percentage limits. File 2012 taxes tax preparer Nontraditional activities. File 2012 taxes tax preparer   Activities conducted by a social club need to further its exempt purposes. File 2012 taxes tax preparer Traditional business activities are those that further a social club's exempt purposes. File 2012 taxes tax preparer Nontraditional business activities do not further the exempt purposes of a social club even if conducted solely on a membership basis. File 2012 taxes tax preparer Nontraditional business activities are prohibited (subject to an insubstantial, trivial, and nonrecurrent test) for businesses conducted with both members and nonmembers. File 2012 taxes tax preparer Examples of nontraditional business activities include sale of package liquor, take-out food, and long-term room rental. File 2012 taxes tax preparer Fraternity foundations. File 2012 taxes tax preparer   If your organization is a foundation formed for the exclusive purpose of acquiring and leasing a chapter house to a local fraternity chapter or sorority chapter maintained at an educational institution and does not engage in any social or recreational activities, it may be a title holding corporation (discussed later under section 501(c)(2) organizations and under section 501(c)(25) organizations) rather than a social club. File 2012 taxes tax preparer Tax treatment of donations. File 2012 taxes tax preparer   Donations to exempt social and recreation clubs are not deductible as charitable contributions on the donor's federal income tax return. File 2012 taxes tax preparer 501(c)(8) and 501(c)(10) - Fraternal Beneficiary Societies and Domestic Fraternal Societies This section describes the information to be provided upon application for recognition of exemption by two types of fraternal societies: beneficiary and domestic. File 2012 taxes tax preparer The major distinction is that fraternal beneficiary societies provide for the payment of life, sick, accident, or other benefits to their members or their dependents, while domestic fraternal societies do not provide these benefits but rather devote their earnings to fraternal, religious, charitable, etc. File 2012 taxes tax preparer , purposes. File 2012 taxes tax preparer The procedures to follow in applying for recognition of exemption are described in chapter 1. File 2012 taxes tax preparer If your organization is controlled by a central organization, you should check with your controlling organization to determine whether your unit has been included in a group exemption letter or can be added. File 2012 taxes tax preparer If so, your organization need not apply for individual recognition of exemption. File 2012 taxes tax preparer For more information, see Group Exemption Letter in chapter 1 of this publication. File 2012 taxes tax preparer Tax treatment of donations. File 2012 taxes tax preparer   Donations by an individual to a domestic fraternal beneficiary society or a domestic fraternal society operating under the lodge system are deductible as charitable contributions only if used exclusively for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals. File 2012 taxes tax preparer Fraternal Beneficiary Societies (501(c)(8)) A fraternal beneficiary society, order, or association must file an application for recognition of exemption from federal income tax on Form 1024. File 2012 taxes tax preparer The application and accompanying statements should establish that the organization: Is a fraternal organization, Operates under the lodge system or for the exclusive benefit of the members of a fraternal organization itself operating under the lodge system, and Provides for the payment of life, sick, accident, or other benefits to the members of the society, order, or association or their dependents. File 2012 taxes tax preparer Lodge system. File 2012 taxes tax preparer   Operating under the lodge system means carrying on activities under a form of organization that comprises local branches, chartered by a parent organization and largely self-governing, called lodges, chapters, or the like. File 2012 taxes tax preparer Payment of benefits. File 2012 taxes tax preparer   It is not essential that every member be covered by the society's program of sick, accident, or death benefits. File 2012 taxes tax preparer An organization can qualify for exemption if most of its members are eligible for benefits, and the benefits are paid from contributions or dues paid by those members. File 2012 taxes tax preparer   The benefits must be limited to members and their dependents. File 2012 taxes tax preparer If members will have the ability to confer benefits to other than themselves and their dependents, exemption will not be recognized. File 2012 taxes tax preparer Whole-life insurance. File 2012 taxes tax preparer   Whole-life insurance constitutes a life benefit under section 501(c)(8) even though the policy may contain investment features such as a cash surrender value or a policy loan. File 2012 taxes tax preparer Reinsurance pool. File 2012 taxes tax preparer   Payments by a fraternal beneficiary society into a state-sponsored reinsurance pool that protects participating insurers against excessive losses on major medical health and accident insurance will not preclude exemption as a fraternal beneficiary society. File 2012 taxes tax preparer Domestic Fraternal Societies (501(c)(10)) A domestic fraternal society, order, or association must file an application for recognition of exemption from federal income tax on Form 1024. File 2012 taxes tax preparer The application and accompanying statements should establish that the organization: Is a domestic fraternal organization organized in the U. File 2012 taxes tax preparer S. File 2012 taxes tax preparer , Operates under the lodge system, Devotes its net earnings exclusively to religious, charitable, scientific, literary, educational, and fraternal purposes, and Does not provide for the payment of life, sick, accident, or other benefits to its members. File 2012 taxes tax preparer The organization can arrange with insurance companies to provide optional insurance to its members without jeopardizing its exempt status. File 2012 taxes tax preparer 501(c)(4), 501(c)(9), and 501(c)(17) - Employees' Associations This section describes the information to be provided upon application for recognition of exemption by the following types of employees' associations: A voluntary employees' beneficiary association (including federal employees' associations) organized to pay life, sick, accident, and similar benefits to members or their dependents, or designated beneficiaries, if no part of the net earnings of the association inures to the benefit of any private shareholder or individual, and A supplemental unemployment benefit trust whose primary purpose is providing for payment of supplemental unemployment benefits. File 2012 taxes tax preparer Both the application form to file and the information to provide are discussed later under the section that describes your employee association. File 2012 taxes tax preparer Chapter 1 describes the procedures to follow in applying for exemption. File 2012 taxes tax preparer Tax treatment of donations. File 2012 taxes tax preparer   Donations to these organizations are not deductible as charitable contributions on the donor's federal income tax return. File 2012 taxes tax preparer Local Employees' Associations (501(c)(4)) A local association of employees whose membership is limited to employees of a designated person or persons in a particular municipality, and whose income will be devoted exclusively to charitable, educational, or recreational purposes. File 2012 taxes tax preparer A local employees' association must apply for recognition of exemption by filing Form 1024. File 2012 taxes tax preparer The organization must submit evidence that: It is of a purely local character, Its membership is limited to employees of a designated person or persons in a particular locality, and Its net earnings will be devoted exclusively to charitable, educational, or recreational purposes. File 2012 taxes tax preparer A local association of employees that has established a system of paying retirement or death benefits, or both, to its members will not qualify for exemption since the payment of these benefits is not considered as being for charitable, educational, or recreational purposes. File 2012 taxes tax preparer Similarly, a local association of employees that is operated primarily as a cooperative buying service for its members in order to obtain discount prices on merchandise, services, and activities does not qualify for exemption. File 2012 taxes tax preparer Voluntary Employees' Beneficiary Associations (501(c)(9)) An application for recognition of exemption as a voluntary employees' beneficiary association must be filed on Form 1024. File 2012 taxes tax preparer The material submitted with the application must show that your organization: Is a voluntary association of employees, Will provide for payment of life, sick, accident, or other benefits to members or their dependents or designated beneficiaries and substantially all of its operations are for this purpose, and Will not allow any of its net earnings to inure to the benefit of any private individual or shareholder except in the form of scheduled benefit payments. File 2012 taxes tax preparer To be complete, an application must include a copy of the document (such as the trust instrument) by which the organization was created; a full description of the benefits available to participants and the terms and conditions of eligibility for benefits (usually contained in a plan document); and, if providing benefits pursuant to a collective bargaining agreement, a copy of that agreement. File 2012 taxes tax preparer Note. File 2012 taxes tax preparer Under section 4976, the reversion of funds from a section 501(c)(9) organization to the employer who created the beneficiary association may subject the employer to a 100% penalty excise tax on the amount of the reversion. File 2012 taxes tax preparer Notice requirement. File 2012 taxes tax preparer   An organization will not be considered tax exempt under this section unless the organization gives notice to the IRS that it is applying for recognition of exempt status. File 2012 taxes tax preparer The organization gives notice by filing Form 1024. File 2012 taxes tax preparer If the notice is not given by 15 months after the end of the month in which the organization was created, the organization will not be exempt for any period before notice is given. File 2012 taxes tax preparer An extension of time for filing the notice can be granted under the same procedures as those described for section 501(c)(3) organizations in chapter 3 under Application for Recognition of Exemption . File 2012 taxes tax preparer Membership. File 2012 taxes tax preparer   Membership of a section 501(c)(9) organization must consist of individuals who are employees and have an employment-related common bond. File 2012 taxes tax preparer This common bond can be a common employer (or affiliated employers), coverage under one or more collective bargaining agreements, membership in a labor union, or membership in one or more locals of a national or international labor union. File 2012 taxes tax preparer   The membership of an association can include some individuals who are not employees, provided they have an employment-related bond with the employee-members. File 2012 taxes tax preparer For example, the owner of a business whose employees are members of the association can be a member. File 2012 taxes tax preparer An association will be considered composed of employees if 90% of its total membership on one day of each quarter of its tax year consists of employees. File 2012 taxes tax preparer Employees. File 2012 taxes tax preparer   Employees include individuals who became entitled to membership because they are or were employees. File 2012 taxes tax preparer For example, an individual will qualify as an employee even though the individual is on a leave of absence or has been terminated due to retirement, disability, or layoff. File 2012 taxes tax preparer   Generally, membership is voluntary if an affirmative act is required on the part of an employee to become a member. File 2012 taxes tax preparer Conversely, membership is involuntary if the designation as a member is due to employee status. File 2012 taxes tax preparer However, an association will be considered voluntary if employees are required to be members of the organization as a condition of their employment and they do not incur a detriment (such as a payroll deduction) as a result of their membership. File 2012 taxes tax preparer An employer has not imposed involuntary membership on the employee if membership is required as the result of a collective bargaining agreement or as an incident of membership in a labor organization. File 2012 taxes tax preparer Payment of benefits. File 2012 taxes tax preparer   The information submitted with your application must show that your organization will pay life, sick, accident, supplemental unemployment, or other similar benefits. File 2012 taxes tax preparer The benefits can be provided directly by your association or indirectly by your association through the payments of premiums to an insurance company (or fees to a medical clinic). File 2012 taxes tax preparer Benefits can be in the form of medical, clinical, or hospital services, transportation furnished for medical care, or money payments. File 2012 taxes tax preparer Nondiscrimination requirements. File 2012 taxes tax preparer   An organization that is part of a plan will not be exempt unless the plan meets certain nondiscrimination requirements. File 2012 taxes tax preparer However, if the organization is part of a plan that is a collective bargaining agreement that was the subject of good faith bargaining between employee organizations and employers, the plan need not meet these requirements for the organization to qualify as tax exempt. File 2012 taxes tax preparer   A plan meets the nondiscrimination requirements only if both of the following statements are true. File 2012 taxes tax preparer Each class of benefits under the plan is provided under a classification of employees that is set forth in the plan and does not discriminate in favor of employees who are highly compensated individuals. File 2012 taxes tax preparer The benefits provided under each class of benefits do not discriminate in favor of highly compensated individuals. File 2012 taxes tax preparer A life insurance, disability, severance pay, or supplemental unemployment compensation benefit does not discriminate in favor of highly compensated individuals merely because the benefits available bear a uniform relationship to the total compensation, or the basic or regular rate of compensation, of employees covered by the plan. File 2012 taxes tax preparer   For purposes of determining whether a plan meets the nondiscrimination requirements, the employer can elect to exclude all disability or severance payments payable to individuals who are in pay status as of January 1, 1985. File 2012 taxes tax preparer This will not apply to any increase in such payment by any plan amendment adopted after June 22, 1984. File 2012 taxes tax preparer   If a plan provides a benefit for which there is a nondiscrimination provision provided under Chapter 1 of the Internal Revenue Code as a condition of that benefit being excluded from gross income, these nondiscrimination requirements do not apply. File 2012 taxes tax preparer The benefit will be considered nondiscriminatory only if it meets the nondiscrimination provision of the applicable Code section. File 2012 taxes tax preparer For example, benefits provided under a medical reimbursement plan would meet the nondiscrimination requirements for an association, if the benefits meet the nondiscrimination requirements of section 105(h)(3) and 105(h)(4). File 2012 taxes tax preparer Excluded employees. File 2012 taxes tax preparer   Certain employees who are not covered by a plan can be excluded from consideration in applying these requirements. File 2012 taxes tax preparer These include employees: Who have not completed 3 years of service, Who have not attained age 21, Who are seasonal or less than half-time employees, Who are not in the plan and who are included in a unit of employees covered by a collective bargaining agreement if the class of benefits involved was the subject of good faith bargaining, or Who are nonresident aliens and who receive no earned income from the employer that has United States source income. File 2012 taxes tax preparer Highly compensated individual. File 2012 taxes tax preparer   A highly compensated individual is one who: Owned 5 percent or more of the employer at any time during the current year or the preceding year, Received more than $115,000 in compensation from the employer for the preceding year (the amount is annualized for inflation. File 2012 taxes tax preparer Go to IRS. File 2012 taxes tax preparer gov, and search “Pension Plan Limitation” for the year), and Was among the top 20% of employees by compensation for the preceding year. File 2012 taxes tax preparer However, the employer can choose not to have (3) apply. File 2012 taxes tax preparer Aggregation rules. File 2012 taxes tax preparer   The employer can choose to treat two or more plans as one plan for purposes of meeting the nondiscrimination requirements. File 2012 taxes tax preparer Employees of controlled groups of corporations, trades, or businesses under common control, or members of an affiliated service group, are treated as employees of a single employer. File 2012 taxes tax preparer Leased employees are treated as employees of the recipient. File 2012 taxes tax preparer One employee. File 2012 taxes tax preparer   A trust created to provide benefits to one employee will not qualify as a voluntary employees' beneficiary association under section 501(c)(9). File 2012 taxes tax preparer Supplemental Unemployment Benefit Trusts (501(c)(17)) A trust or trusts forming part of a written plan (established and maintained by an employer, his or her employees, or both) providing solely for the payment of supplemental unemployment compensation benefits must file the application for recognition of exemption on Form 1024. File 2012 taxes tax preparer The trust must be a valid, existing trust under local law and must be evidenced by an executed document. File 2012 taxes tax preparer A conformed copy of the plan of which the trust is a part should be attached to the application. File 2012 taxes tax preparer To be complete, an application must include a copy of the document (such as the trust instrument) by which the organization was created; a full description of the benefits available to participants and the terms and conditions of eligibility for benefits (usually contained in a plan document); and, if providing benefits pursuant to a collective bargaining agreement, a copy of that agreement. File 2012 taxes tax preparer Note. File 2012 taxes tax preparer Under section 4976, the reversion of funds from a section 501(c)(17) organization to the employer who created the supplemental unemployment benefit trust may subject the employer to a 100% penalty excise tax on the amount of the reversion. File 2012 taxes tax preparer Notice requirement. File 2012 taxes tax preparer   An organization will not be considered tax exempt under this section unless the organization gives notice to the IRS that it is applying for recognition of exempt status. File 2012 taxes tax preparer The organization gives notice by filing Form 1024. File 2012 taxes tax preparer If the notice is not given by 15 months after the end of the month in which the organization was created, the organization will not be exempt for any period before such notice is given. File 2012 taxes tax preparer An extension of time for filing the notice is granted under the same procedures as those described for section 501(c)(3) organizations in chapter 3 under Application for Recognition of Exemption . File 2012 taxes tax preparer Types of payments. File 2012 taxes tax preparer   You must show that the supplemental unemployment compensation benefits will be benefits paid to an employee because of the employee's involuntary separation from employment (whether or not the separation is temporary) resulting directly from a reduction-in-force, discontinuance of a plant or operation, or other similar conditions. File 2012 taxes tax preparer In addition, sickness and accident benefits (but not vacation, retirement, or death benefits) may be included in the plan if these are subordinate to the unemployment compensation benefits. File 2012 taxes tax preparer Diversion of funds. File 2012 taxes tax preparer   It must be impossible under the plan (at any time before the satisfaction of all liabilities with respect to employees under the plan) to use or to divert any of the corpus or income of the trust to any purpose other than the payment of supplemental unemployment compensation benefits (or sickness or accident benefits to the extent just explained). File 2012 taxes tax preparer Discrimination in benefits. File 2012 taxes tax preparer   Neither the terms of the plan nor the actual payment of benefits can be discriminatory in favor of the company's officers, stockholders, supervisors, or highly paid employees. File 2012 taxes tax preparer However, a plan is not discriminatory merely because benefits bear a uniform relationship to compensation or the rate of compensation. File 2012 taxes tax preparer Prohibited transactions and exemption. File 2012 taxes tax preparer   If your organization is a supplemental unemployment benefit trust and has received a denial of exemption because it engaged in a prohibited transaction, as defined by section 503(b), it can file a claim for exemption in any tax year following the tax year in which the notice of denial was issued. File 2012 taxes tax preparer It must file the claim on Form 1024. File 2012 taxes tax preparer The organization must include a written declaration that it will not knowingly again engage in a prohibited transaction. File 2012 taxes tax preparer An authorized principal officer of your organization must make this declaration under the penalties of perjury. File 2012 taxes tax preparer   If your organization has satisfied all requirements as a supplemental unemployment benefit trust described in section 501(c)(17), it will be notified in writing that it has been recognized as exempt. File 2012 taxes tax preparer However, the organization will be exempt only for those tax years after the tax year in which the claim for exemption (Form 1024) is filed. File 2012 taxes tax preparer Tax year in this case means the established annual accounting period of the organization or, if the organization has not established an annual accounting period, the calendar year. File 2012 taxes tax preparer For more information about the requirements for reestablishing an exemption previously denied, contact the IRS. File 2012 taxes tax preparer 501(c)(12) - Local Benevolent Life Insurance Associations, Mutual Irrigation and Telephone Companies, and Like Organizations Each of the following organizations apply for recognition of exemption from federal income tax by filing Form 1024. File 2012 taxes tax preparer Benevolent life insurance associations of a purely local character and like organizations. File 2012 taxes tax preparer Mutual ditch or irrigation companies and like organizations. File 2012 taxes tax preparer Mutual or cooperative telephone companies and like organizations. File 2012 taxes tax preparer A like organization is an organization that performs a service comparable to that performed by any one of the above organizations. File 2012 taxes tax preparer The information to be provided upon application by each of these organizations is described in this section. File 2012 taxes tax preparer For information as to the procedures to follow in applying for exemption, see chapter 1. File 2012 taxes tax preparer General requirements. File 2012 taxes tax preparer   These organizations must use their income solely to cover losses and expenses, with any excess being returned to members or retained to cover future losses and expenses. File 2012 taxes tax preparer They must collect at least 85% of their income from members for the sole purpose of meeting losses and expenses. File 2012 taxes tax preparer Mutual character. File 2012 taxes tax preparer   These organizations, other than benevolent life insurance associations, must be organized and operated on a mutual or cooperative basis. File 2012 taxes tax preparer They are associations of persons or organizations, or both, banded together to provide themselves a mutually desirable service approximately at cost and on a mutual basis. File 2012 taxes tax preparer To maintain the mutual characteristic of democratic ownership and control, they must be so organized and operated that their members have the right to choose the management, to receive services at cost, to receive a return of any excess of payments over losses and expenses, and to share in any assets upon dissolution. File 2012 taxes tax preparer   The rights and interests of members in the annual savings of the organization must be determined in proportion to their business with the organization. File 2012 taxes tax preparer Upon dissolution, gains from the sale of appreciated assets must be distributed to all persons who were members during the period the assets were owned by the organization in proportion to the amount of business done during that period. File 2012 taxes tax preparer The bylaws must not provide for forfeiture of a member's rights and interest upon withdrawal or termination. File 2012 taxes tax preparer Membership. File 2012 taxes tax preparer   Membership of a mutual organization consists of those who join the organization to obtain its services, and have a voice in its management. File 2012 taxes tax preparer In a stock company, the stockholders are members. File 2012 taxes tax preparer However, a mutual life insurance organization cannot have policyholders other than its members. File 2012 taxes tax preparer Losses and expenses. File 2012 taxes tax preparer   In furnishing services substantially at cost, an organization must use its income solely for paying losses and expenses. File 2012 taxes tax preparer Any excess income not retained in reasonable reserves for future losses and expenses belongs to members in proportion to their patronage or business done with the organization. File 2012 taxes tax preparer If such patronage refunds are retained in reasonable amounts for purposes of expanding and improving facilities, retiring capital indebtedness, acquiring other assets, and unexpected expenses, the organization must maintain records sufficient to reflect the equity of each member in the assets acquired with the funds. File 2012 taxes tax preparer Distributions of proceeds. File 2012 taxes tax preparer   The cooperative may distribute the unexpended balance of collections or assessments remaining on hand at the end of the year to members or patrons prorated on the basis of their patronage or business done with the cooperative. File 2012 taxes tax preparer Such distribution represents a refund in the costs of services rendered to the member. File 2012 taxes tax preparer The 85% Requirement All of the organizations listed above must submit evidence with their application that they receive 85% or more of their gross income from their members for the sole purpose of meeting losses and expenses. File 2012 taxes tax preparer Nevertheless, certain items of income are excluded from the computation of the 85% requirement if the organization is a mutual or cooperative telephone or electric company. File 2012 taxes tax preparer Mutual or cooperative telephone company. File 2012 taxes tax preparer   A mutual or cooperative telephone company will exclude from the computation of the 85% requirement any income received or accrued from: A nonmember telephone company for the performance of communication services involving the completion of long distance calls to, from, or between members of the mutual or cooperative telephone company, Qualified pole rentals, The sale of display listings in a directory furnished to its members, or The prepayment of a loan created in 1987, 1988, or 1989, under section 306A, 306B, or 311 of the Rural Electrification Act of 1936. File 2012 taxes tax preparer Mutual or cooperative electric company. File 2012 taxes tax preparer   A mutual or cooperative electric company will exclude from the computation of the 85% requirement any income received or accrued from: Qualified pole rentals, Any provision or sale of electric energy transmission services or ancillary service if the services are provided on a nondiscriminatory open access basis under an open access transmission tariff approved or accepted by the Federal Energy Regulatory Commission (FERC) or under an independent transmission provider agreement approved or accepted by FERC (other than income received or accrued directly or indirectly from a member), The provision or sale of electric energy distribution services or ancillary services if the services are provided on a nondiscriminatory open-access basis to distribute electric energy not owned by the mutual or electric cooperative company: To end-users who are served by distribution facilities not owned by the company or any of its members (other than income received or accrued directly or indirectly from a member), or Generated by a generation facility not owned or leased by the company or any of its members and which is directly connected to distribution facilities owned by the company or any of its members (other than income received or accrued directly or indirectly from a member), Any nuclear decommissioning transaction, or Any asset exchange or conversion transaction. File 2012 taxes tax preparer   An electric cooperative's sale of excess fuel at cost in the year of purchase is not income for purposes of determining compliance with the 85% requirement. File 2012 taxes tax preparer Qualified pole rental. File 2012 taxes tax preparer   The term qualified pole rental means any rental of a pole (or other structure used to support wires) if the pole (or other structure) is used: By the telephone or electric company to support one or more wires that are used by the company in providing telephone or electric services to its members, and Pursuant to the rental to support one or more wires (in addition to wires described in (1)) for use in connection with the transmission by wire of electricity or of telephone or other communications. File 2012 taxes tax preparer   The term rental, for this purpose, includes any sale of the right to use the pole (or other structure). File 2012 taxes tax preparer The 85% requirement is applied on the basis of an annual accounting period. File 2012 taxes tax preparer Failure of an organization to meet the requirement in a particular year precludes exemption for that year, but has no effect upon exemption for years in which the 85% requirement is met. File 2012 taxes tax preparer Gain from the sale or conversion of the organization's property is not considered an amount received from members in determining whether the organization's income consists of amounts collected from members. File 2012 taxes tax preparer Because the 85% income test is based on gross income, capital losses cannot be used to reduce capital gains for purposes of this test. File 2012 taxes tax preparer Example. File 2012 taxes tax preparer   The books of an organization reflect the following for the calendar year. File 2012 taxes tax preparer Collections from members $2,400 Short-term capital gains 600 Short-term capital losses 400 Other income None Gross income ($2,400 + $600 =$3000) 100% Collected from members ($2,400) 80%   Since amounts collected from members do not constitute at least 85% of gross income, the organization is not entitled to exemption from federal income tax for the year. File 2012 taxes tax preparer   Voluntary contributions in the nature of gifts are not taken into account for purposes of the 85% computation. File 2012 taxes tax preparer   Other tax-exempt income besides gifts is considered as income received from other than members in applying the 85% test. File 2012 taxes tax preparer   If the 85% test is not met, your organization, if classifiable under this section, will not qualify for exemption as any other type of organization described in this publication. File 2012 taxes tax preparer Tax treatment of donations. File 2012 taxes tax preparer   Donations to an organization described in this section are not deductible as charitable contributions on the donor's federal income tax return. File 2012 taxes tax preparer Local Life Insurance Associations A benevolent life insurance association or an organization seeking recognition of exemption on grounds of similarity to a benevolent life insurance association must submit evidence upon applying for recognition of exemption that it will be of a purely local character, that its excess funds will be refunded to members or retained in reasonable reserves to meet future losses and expenses, and that it meets the 85% income requirement. File 2012 taxes tax preparer If an organization issues policies for stipulated cash premiums, or if it requires advance deposits to cover the cost of the insurance and maintains investments from which more than 15% of its income is derived, it will not be entitled to exemption. File 2012 taxes tax preparer To establish that your organization is of a purely local character, it should show that its activities will be confined to a particular community, place, or district irrespective of political subdivisions. File 2012 taxes tax preparer If the activities of an organization are limited only by the borders of a state, it cannot be purely local in character. File 2012 taxes tax preparer A benevolent life insurance association that does not terminate membership when a member moves from the local area in which the association operates will qualify for exemption if it meets the other requirements. File 2012 taxes tax preparer A copy of each type of policy issued by your organization should be included with the application for recognition of exemption. File 2012 taxes tax preparer Organizations similar to local benevolent life insurance companies. File 2012 taxes tax preparer   These organizations include those that in addition to paying death benefits also provide for the payment of sick, accident, or health benefits. File 2012 taxes tax preparer However, an organization that pays only sick, accident, or health benefits, but not life insurance benefits, is not an organization similar to a benevolent life insurance association and should not apply for recognition of exemption as described in this section. File 2012 taxes tax preparer Burial and funeral benefit insurance organization. File 2012 taxes tax preparer   This type of organization can apply for recognition of exemption as an organization similar to a benevolent life insurance company if it establishes that the benefits are paid in cash and if it is not engaged directly in the manufacture of funeral supplies or the performance of funeral services. File 2012 taxes tax preparer An organization that provides its benefits in the form of supplies and service is not a life insurance company. File 2012 taxes tax preparer Such an organization can seek recognition of exemption from federal income tax, however, as a mutual insurance company other than life. File 2012 taxes tax preparer Mutual or Cooperative Associations Mutual ditch or irrigation companies, mutual or cooperative telephone companies, and like organizations need not establish that they are of a purely local character. File 2012 taxes tax preparer They can serve noncontiguous areas. File 2012 taxes tax preparer Like organization. File 2012 taxes tax preparer   A like organization is a cooperative or mutual organization that performs a service similar to mutual ditch, irrigation, telephone, or electric companies. File 2012 taxes tax preparer Examples include the following: cooperatives that provide protection of river banks to prevent erosion, water and sewer services, cable television, satellite, television, cellular phone services, two-way radio service, or natural gas services. File 2012 taxes tax preparer 501(c)(13) - Cemetery Companies If your organization wishes to obtain recognition of exemption from federal income tax as a cemetery company or a corporation chartered solely for the purpose of the disposal of human bodies by burial or cremation, it must file an application on Form 1024. File 2012 taxes tax preparer For the procedure to follow to file an application, see Application, Approval, and Appeal Procedures in chapter 1. File 2012 taxes tax preparer A nonprofit mutual cemetery company that seeks recognition of exemption should submit evidence with its application that it is owned and operated exclusively for the benefit of its lot owners who hold lots for bona fide burial purposes and not for purposes of resale. File 2012 taxes tax preparer A mutual cemetery company that also engages in charitable activities, such as the burial of paupers, will be regarded as operating within this standard. File 2012 taxes tax preparer The fact that a mutual cemetery company limits its membership to a particular class of individuals, such as members of a family, will not affect its status as mutual so long as all the other requirements of section 501(c)(13) are met. File 2012 taxes tax preparer If your organization is a nonprofit corporation chartered solely for the purpose of the disposal of human bodies by burial or cremation, you should show that it is not permitted by its charter to engage in any business not necessarily incident to that purpose. File 2012 taxes tax preparer Operating a mortuary is not permitted. File 2012 taxes tax preparer However, selling monuments, markers, vaults, and flowers solely for use in the cemetery is permitted if the profits from these sales are used to maintain the cemetery as a whole. File 2012 taxes tax preparer How income can be used. File 2012 taxes tax preparer   You should show that your organization's earnings are or will be used only in one or more of the following ways. File 2012 taxes tax preparer To pay the ordinary and necessary expenses of operating, maintaining, and improving the cemetery or crematorium. File 2012 taxes tax preparer To buy cemetery property. File 2012 taxes tax preparer To create a fund that will provide a source of income for the perpetual care of the cemetery or a reasonable reserve for any ordinary or necessary purpose. File 2012 taxes tax preparer No part of the net earnings of your organization can inure to the benefit of any private shareholder or individual. File 2012 taxes tax preparer Ordinary and necessary expenses in connection with the operation, management, maintenance, and improvement of the cemetery are permitted, as are reasonable fees for the services of a manager. File 2012 taxes tax preparer Buying cemetery property. File 2012 taxes tax preparer   Payments can be made to amortize debt incurred to buy land, but cannot be in the nature of profit distributions. File 2012 taxes tax preparer You must show the method used to finance the purchase of the cemetery property and that the purchase price of the land at the time of its sale to the cemetery was not unreasonable. File 2012 taxes tax preparer   Except for holders of preferred stock (discussed later), no person can have any interest in the net earnings of a tax-exempt cemetery company or crematorium. File 2012 taxes tax preparer Therefore, if property is transferred to the organization in exchange for an interest in the organization's net earnings, the organization will not