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How To File Back Tax

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How To File Back Tax

How to file back tax Publication 596 - Introductory Material Table of Contents Future Developments What is the EIC? Can I Claim the EIC? Do I Need This Publication? Do I Have To Have A Child To Qualify For The EIC? How Do I Figure the Amount of EIC? How Can I Quickly Locate Specific information? Is There Help Online? What's New for 2013 Reminders Future Developments For the latest information about developments related to Publication 596, such as legislation enacted after it was published, go to www. How to file back tax irs. How to file back tax gov/pub596. How to file back tax What is the EIC? The earned income credit (EIC) is a tax credit for certain people who work and have earned income under $51,567. How to file back tax A tax credit usually means more money in your pocket. How to file back tax It reduces the amount of tax you owe. How to file back tax The EIC may also give you a refund. How to file back tax Can I Claim the EIC? To claim the EIC, you must meet certain rules. How to file back tax These rules are summarized in Table 1. How to file back tax Table 1. How to file back tax Earned Income Credit in a Nutshell First, you must meet all the rules in this column. How to file back tax Second, you must meet all the rules in one of these columns, whichever applies. How to file back tax Third, you must meet the rule in this column. How to file back tax Chapter 1. How to file back tax  Rules for Everyone Chapter 2. How to file back tax  Rules If You Have a Qualifying Child Chapter 3. How to file back tax  Rules If You Do Not Have a Qualifying Child Chapter 4. How to file back tax  Figuring and Claiming the EIC 1. How to file back tax Your adjusted gross income (AGI) must be less than:  • $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children,  • $43,038 ($48,378 for married filing jointly) if you have two qualifying children,  • $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or   • $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. How to file back tax 2. How to file back tax You must have a valid social security number. How to file back tax   3. How to file back tax Your filing status cannot be Married filing separately. How to file back tax   4. How to file back tax You must be a U. How to file back tax S. How to file back tax citizen or resident alien all year. How to file back tax   5. How to file back tax You cannot file Form 2555 or Form 2555-EZ (relating to foreign earned income). How to file back tax   6. How to file back tax Your investment income must be $3,300 or less. How to file back tax    7. How to file back tax You must have earned income. How to file back tax 8. How to file back tax Your child must meet the relationship, age, residency, and joint return tests. How to file back tax   9. How to file back tax Your qualifying child cannot be used by more than one person to claim the EIC. How to file back tax   10. How to file back tax You cannot be a qualifying child of another person. How to file back tax 11. How to file back tax You must be at least age 25 but under age 65. How to file back tax    12. How to file back tax You cannot be the dependent of another person. How to file back tax   13. How to file back tax You cannot be a qualifying child of another person. How to file back tax   14. How to file back tax You must have lived in the United States more than half of the year. How to file back tax 15. How to file back tax Your earned income must be less than:  • $46,227 ($51,567 for married filing jointly) if you have three or more qualifying children,  • $43,038 ($48,378 for married filing jointly) if you have two qualifying children,  • $37,870 ($43,210 for married filing jointly) if you have one qualifying child, or  • $14,340 ($19,680 for married filing jointly) if you do not have a qualifying child. How to file back tax Do I Need This Publication? Certain people who file Form 1040 must use Worksheet 1 in this publication, instead of Step 2 in their Form 1040 instructions, when they are checking whether they can take the EIC. How to file back tax You are one of those people if any of the following statements are true for 2013. How to file back tax You are filing Schedule E (Form 1040). How to file back tax You are reporting income from the rental of personal property not used in a trade or business. How to file back tax You are reporting income on Form 1040, line 21, from Form 8814 (relating to election to report child's interest and dividends). How to file back tax You are reporting an amount on Form 1040, line 13, that includes an amount from Form 4797. How to file back tax If none of the statements above apply to you, your tax form instructions have all the information you need to find out if you can claim the EIC and to figure the amount of your EIC. How to file back tax You do not need this publication. How to file back tax But you can read it to find out whether you can take the EIC and to learn more about the EIC. How to file back tax Do I Have To Have A Child To Qualify For The EIC? No, you can qualify for the EIC without a qualifying child if you are at least age 25 but under age 65 and your earned income is less than $14,340 ($19,680 if married filing jointly). How to file back tax See chapter 3. How to file back tax How Do I Figure the Amount of EIC? If you can claim the EIC, you can either have the IRS figure the amount of your credit, or you can figure it yourself. How to file back tax To figure it yourself, you can complete a worksheet in the instructions for the form you file. How to file back tax To find out how to have the IRS figure it for you, see chapter 4. How to file back tax How Can I Quickly Locate Specific information? You can use the index to look up specific information. How to file back tax In most cases, index entries will point you to headings, tables, or a worksheet. How to file back tax Is There Help Online? Yes. How to file back tax You can use the EITC Assistant at www. How to file back tax irs. How to file back tax gov/eitc to find out if you may be eligible for the credit. How to file back tax The EITC Assistant is available in English and Spanish. How to file back tax What's New for 2013 Earned income amount is more. How to file back tax The maximum amount of income you can earn and still get the credit has increased. How to file back tax You may be able to take the credit if: You have three or more qualifying children and you earned less than $46,227 ($51,567 if married filing jointly), You have two qualifying children and you earned less than $43,038 ($48,378 if married filing jointly), You have one qualifying child and you earned less than $37,870 ($43,210 if married filing jointly), or You do not have a qualifying child and you earned less than $14,340 ($19,680 if married filing jointly). How to file back tax Your adjusted gross income also must be less than the amount in the above list that applies to you. How to file back tax For details, see Rules 1 and 15. How to file back tax Investment income amount is more. How to file back tax The maximum amount of investment income you can have and still get the credit has increased to $3,300. How to file back tax See Rule 6—Your Investment Income Must Be $3,300 or Less . How to file back tax Reminders Increased EIC on certain joint returns. How to file back tax . How to file back tax  A married person filing a joint return may get more EIC than someone with the same income but a different filing status. How to file back tax As a result, the EIC table has different columns for married persons filing jointly than for everyone else. How to file back tax When you look up your EIC in the EIC Table, be sure to use the correct column for your filing status and the number of children you have. How to file back tax Earned income credit has no effect on certain welfare benefits. How to file back tax  Any refund you receive because of the EIC cannot be counted as income when determining whether you or anyone else is eligible for benefits or assistance, or how much you or anyone else can receive, under any federal program or under any state or local program financed in whole or in part with federal funds. How to file back tax These programs include the following. How to file back tax Temporary Assistance for Needy Families (TANF). How to file back tax Medicaid. How to file back tax Supplemental security income (SSI). How to file back tax Supplemental Nutrition Assistance Program (food stamps). How to file back tax Low-income housing. How to file back tax In addition, when determining eligibility, the refund cannot be counted as a resource for at least 12 months after you receive it. How to file back tax Check with your local benefit coordinator to find out if your refund will affect your benefits. How to file back tax Do not overlook your state credit. How to file back tax  If you can claim the EIC on your federal income tax return, you may be able to take a similar credit on your state or local income tax return. How to file back tax For a list of states that offer a state EIC, go to www. How to file back tax irs. How to file back tax gov/eitc. How to file back tax EIC questioned by IRS. How to file back tax  The IRS may ask you to provide documents to prove you are entitled to claim the EIC. How to file back tax We will tell you what documents to send us. How to file back tax These may include: birth certificates, school records, etc. How to file back tax The process of establishing your eligibility will delay your refund. How to file back tax Spanish version of Publication 596. How to file back tax  You can order Publicación 596SP, Crédito por Ingreso del Trabajo, from the IRS. How to file back tax It is a Spanish translation of Publication 596. How to file back tax See How To Get Tax Help to find out how to order this and other IRS forms and publications. How to file back tax Photographs of missing children. How to file back tax  The Internal Revenue Service is a proud partner with the National Center for Missing and Exploited Children. How to file back tax Photographs of missing children selected by the Center may appear in this publication on pages that would otherwise be blank. How to file back tax You can help bring these children home by looking at the photographs and calling 1-800-THE-LOST (1-800-843-5678) if you recognize a child. How to file back tax Comments and suggestions. How to file back tax  We welcome your comments about this publication and your suggestions for future editions. How to file back tax You can write to us at the following address:  Internal Revenue Service Individual Forms and Publications Branch 1111 Constitution Ave. How to file back tax NW, IR-6526 Washington, DC 20224 We respond to many letters by telephone. How to file back tax Therefore, it would be helpful if you would include your daytime phone number, including the area code, in your correspondence. How to file back tax You can send your comments from www. How to file back tax irs. How to file back tax gov/formspubs/. How to file back tax Click on “More Information” and then on “Comment on Tax Forms and Publications. How to file back tax ” Although we cannot respond individually to each comment received, we do appreciate your feedback and will consider your comments as we revise our tax products. How to file back tax Ordering forms and publications. How to file back tax  Visit www. How to file back tax irs. How to file back tax gov/formspubs/ to download forms and publications, call 1-800-TAX-FORM (1-800-829-3676), or write to the address below and receive a response within 10 days after your request is received. How to file back tax  Internal Revenue Service 1201 N. How to file back tax Mitsubishi Motorway Bloomington, IL 61705-6613 Tax questions. How to file back tax  If you have a tax question, check the information available on IRS. How to file back tax gov or call 1-800-829-1040. How to file back tax We cannot answer tax questions sent to either of the above addresses. How to file back tax Prev  Up  Next   Home   More Online Publications
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The How To File Back Tax

How to file back tax 4. How to file back tax   Unrelated Business Taxable Income Table of Contents IncomeExclusions Dues of Agricultural Organizations and Business Leagues DeductionsDirectly Connected Exploitation of Exempt Activity—Advertising Sales Modifications Partnership Income or Loss S Corporation Income or Loss Special Rules for Foreign Organizations Special Rules for Social Clubs, VEBAs, SUBs, and GLSOsIncome that is set aside. How to file back tax Special Rules for Veterans' Organizations Income From Controlled OrganizationsAddition to tax for valuation misstatements. How to file back tax Net unrelated income. How to file back tax Net unrelated loss. How to file back tax Control. How to file back tax Income from property financed with qualified 501(c)(3) bonds. How to file back tax Disposition of property received from taxable subsidiary and used in unrelated business. How to file back tax Income From Debt-Financed Property Debt-Financed PropertyAcquisition Indebtedness Computation of Debt-Financed Income Deductions for Debt-Financed Property Allocation Rules How to Get Tax Help The term “unrelated business taxable income” generally means the gross income derived from any unrelated trade or business regularly conducted by the exempt organization, less the deductions directly connected with carrying on the trade or business. How to file back tax If an organization regularly carries on two or more unrelated business activities, its unrelated business taxable income is the total of gross income from all such activities less the total allowable deductions attributable to all the activities. How to file back tax In computing unrelated business taxable income, gross income and deductions are subject to the modifications and special rules explained in this chapter. How to file back tax Whether a particular item of income or expense falls within any of these modifications or special rules must be determined by all the facts and circumstances in each specific case. How to file back tax For example, if the organization received a payment termed rent that is in fact a return of profits by a person operating the property for the benefit of the organization, or that is a share of the profits retained by the organization as a partner or joint venturer, the payment is not within the income exclusion for rents, discussed later under Exclusions. How to file back tax Income Generally, unrelated business income is taxable, but there are exclusions and special rules that must be considered when figuring the income. How to file back tax Exclusions The following types of income (and deductions directly connected with the income) are generally excluded when figuring unrelated business taxable income. How to file back tax Dividends, interest, annuities and other investment income. How to file back tax   All dividends, interest, annuities, payments with respect to securities loans, income from notional principal contracts, and other income from an exempt organization's ordinary and routine investments that the IRS determines are substantially similar to these types of income are excluded in computing unrelated business taxable income. How to file back tax Exception for insurance activity income of a controlled foreign corporation. How to file back tax   This exclusion does not apply to income from certain insurance activities of an exempt organization's controlled foreign corporation. How to file back tax The income is not excludable dividend income, but instead is unrelated business taxable income to the extent it would be so treated if the exempt organization had earned it directly. How to file back tax Certain exceptions to this rule apply. How to file back tax For more information, see section 512(b)(17). How to file back tax Other exceptions. How to file back tax   This exclusion does not apply to unrelated debt-financed income (discussed under Income From Debt-Financed Property, later), to interest or annuities received from a controlled corporation (discussed under Income From Controlled Organizations, later). How to file back tax Income from lending securities. How to file back tax   Payments received with respect to a security loan are excluded in computing unrelated business taxable income only if the loan is made under an agreement that:    Provides for the return to the exempt organization of securities identical to the securities loaned, Requires payments to the organization of amounts equivalent to all interest, dividends, and other distributions that the owner of the securities is entitled to receive during the period of the loan, Does not reduce the organization's risk of loss or opportunity for gain on the securities, Contains reasonable procedures to implement the obligation of the borrower to furnish collateral to the organization with a fair market value each business day during the period of the loan in an amount not less than the fair market value of the securities at the close of the preceding business day, and Permits the organization to terminate the loan upon notice of not more than 5 business days. How to file back tax   Payments with respect to securities loans include: Amounts in respect of dividends, interest, and other distributions, Fees based on the period of time the loan is in effect and the fair market value of the security during that period, Income from collateral security for the loan, and Income from the investment of collateral security. How to file back tax The payments are considered to be from the securities loaned and not from collateral security or the investment of collateral security from the loans. How to file back tax Any deductions that are directly connected with collateral security for the loan, or with the investment of collateral security, are considered deductions that are directly connected with the securities loaned. How to file back tax Royalties. How to file back tax   Royalties, including overriding royalties, are excluded in computing unrelated business taxable income. How to file back tax   To be considered a royalty, a payment must relate to the use of a valuable right. How to file back tax Payments for trademarks, trade names, or copyrights are ordinarily considered royalties. How to file back tax Similarly, payments for the use of a professional athlete's name, photograph, likeness, or facsimile signature are ordinarily considered royalties. How to file back tax However, royalties do not include payments for personal services. How to file back tax Therefore, payments for personal appearances and interviews are not excluded as royalties and must be included in figuring unrelated business taxable income. How to file back tax   Unrelated business taxable income does not include royalty income received from licensees by an exempt organization that is the legal and beneficial owner of patents assigned to it by inventors for specified percentages of future royalties. How to file back tax   Mineral royalties are excluded whether measured by production or by gross or taxable income from the mineral property. How to file back tax However, the exclusion does not apply to royalties that stem from an arrangement whereby the organization owns a working interest in a mineral property and is liable for its share of the development and operating costs under the terms of its agreement with the operator of the property. How to file back tax To the extent they are not treated as loans under section 636 (relating to income tax treatment of mineral production payments), payments for mineral production are treated in the same manner as royalty payments for the purpose of computing unrelated business taxable income. How to file back tax To the extent they are treated as loans, any payments for production that are the equivalent of interest are treated as interest and are excluded. How to file back tax Exceptions. How to file back tax   This exclusion does not apply to debt-financed income (discussed under Income From Debt-Financed Property, later) or to royalties received from a controlled corporation (discussed under Income From Controlled Organizations, later). How to file back tax Rents. How to file back tax   Rents from real property, including elevators and escalators, are excluded in computing unrelated business taxable income. How to file back tax Rents from personal property are not excluded. How to file back tax However, special rules apply to “mixed leases” of both real and personal property. How to file back tax Mixed leases. How to file back tax   In a mixed lease, all of the rents are excluded if the rents attributable to the personal property are not more than 10% of the total rents under the lease, as determined when the personal property is first placed in service by the lessee. How to file back tax If the rents attributable to personal property are more than 10% but not more than 50% of the total rents, only the rents attributable to the real property are excluded. How to file back tax If the rents attributable to the personal property are more than 50% of the total rents, none of the rents are excludable. How to file back tax   Property is placed in service when the lessee first may use it under the terms of a lease. How to file back tax For example, property subject to a lease entered into on November 1, for a term starting on January 1 of the next year, is considered placed in service on January 1, regardless of when the lessee first actually uses it. How to file back tax   If separate leases are entered into for real and personal property and the properties have an integrated use (for example, one or more leases for real property and another lease or leases for personal property to be used on the real property), all the leases will be considered as one lease. How to file back tax   The rent attributable to the personal property must be recomputed, and the treatment of the rents must be redetermined, if: The rent attributable to all the leased personal property increases by 100% or more because additional or substitute personal property is placed in service, or The lease is modified to change the rent charged (whether or not the amount of rented personal property changes). How to file back tax Any change in the treatment of rents resulting from the recomputation is effective only for the period beginning with the event that caused the recomputation. How to file back tax Exception for rents based on net profit. How to file back tax   The exclusion for rents does not apply if the amount of the rent depends on the income or profits derived by any person from the leased property, other than an amount based on a fixed percentage of the gross receipts or sales. How to file back tax Exception for income from personal services. How to file back tax   Payment for occupying space when personal services are also rendered to the occupant does not constitute rent from real property. How to file back tax Therefore, the exclusion does not apply to transactions such as renting hotel rooms, rooms in boarding houses or tourist homes, and space in parking lots or warehouses. How to file back tax Other exceptions. How to file back tax   This exclusion does not apply to unrelated debt-financed income (discussed under Income From Debt-Financed Property, later), or to interest, annuities, royalties and rents received from a controlled corporation (discussed under Income From Controlled Organizations, later), investment income (dividends, interest, rents, etc. How to file back tax ) received by organizations described in sections 501(c)(7), 501(c)(9), 501(c)(17), and 501(c)(20). How to file back tax See Special Rules for Social Clubs, VEBAs, SUBs, and GLSOs, discussed later for more information. How to file back tax Income from research. How to file back tax   A tax-exempt organization may exclude income from research grants or contracts from unrelated business taxable income. How to file back tax However, the extent of the exclusion depends on the nature of the organization and the type of research. How to file back tax   Income from research for the United States, any of its agencies or instrumentalities, or a state or any of its political subdivisions is excluded when computing unrelated business taxable income. How to file back tax   For a college, university, or hospital, all income from research, whether fundamental or applied, is excluded in computing unrelated business taxable income. How to file back tax   When an organization is operated primarily to conduct fundamental research (as distinguished from applied research) and the results are freely available to the general public, all income from research performed for any person is excluded in computing unrelated business taxable income. How to file back tax   The term research, for this purpose, does not include activities of a type normally conducted as an incident to commercial or industrial operations, such as testing or inspecting materials or products, or designing or constructing equipment, buildings, etc. How to file back tax In addition, the term fundamental research does not include research conducted for the primary purpose of commercial or industrial application. How to file back tax Gains and losses from disposition of property. How to file back tax   Also excluded from unrelated business taxable income are gains or losses from the sale, exchange, or other disposition of property other than: Stock in trade or other property of a kind that would properly be includable in inventory if on hand at the close of the tax year, Property held primarily for sale to customers in the ordinary course of a trade or business, or Cutting of timber that an organization has elected to consider as a sale or exchange of the timber. How to file back tax   It should be noted that the last exception relates only to cut timber. How to file back tax The sale, exchange, or other disposition of standing timber is excluded from the computation of unrelated business income, unless it constitutes property held for sale to customers in the ordinary course of business. How to file back tax Lapse or termination of options. How to file back tax   Any gain from the lapse or termination of options to buy or sell securities is excluded from unrelated business taxable income. How to file back tax The exclusion applies only if the option is written in connection with the exempt organization's investment activities. How to file back tax Therefore, this exclusion is not available if the organization is engaged in the trade or business of writing options or the options are held by the organization as inventory or for sale to customers in the ordinary course of a trade or business. How to file back tax Exception. How to file back tax   This exclusion does not apply to unrelated debt-financed income, discussed later under Income From Debt-Financed Property. How to file back tax Gain or loss on disposition of certain brownfield property. How to file back tax   Gain or loss from the qualifying sale, exchange, or other disposition of a qualifying brownfield property (as defined in section 512(b)(19)(C)), which was acquired by the organization after December 31, 2005 and before January 1, 2011, is excluded from unrelated business taxable income and is excepted from the debt-financed rules for such property. How to file back tax See sections 512(b)(19) and 514(b)(1)(E). How to file back tax Income from services provided under federal license. How to file back tax   There is a further exclusion from unrelated business taxable income of income from a trade or business conducted by a religious order or by an educational organization maintained by the order. How to file back tax   This exclusion applies only if the following requirements are met. How to file back tax The trade or business must have been operated by the order or by the institution before May 27, 1959. How to file back tax The trade or business must provide services under a license issued by a federal regulatory agency. How to file back tax More than 90% of the net income from the business for the tax year must be devoted to religious, charitable, or educational purposes that constitute the basis for the religious order's exemption. How to file back tax The rates or other charges for these services must be fully competitive with the rates or other charges of similar taxable businesses. How to file back tax Rates or other charges for these services will be considered as fully competitive if they are neither materially higher nor materially lower than the rates charged by similar businesses operating in the same general area. How to file back tax Exception. How to file back tax    This exclusion does not apply to unrelated debt-financed income (discussed under Income From Debt-Financed Property, later). How to file back tax Member income of mutual or cooperative electric companies. How to file back tax   Income of a mutual or cooperative electric company described in section 501(c)(12) which is treated as member income under subparagraph (H) of that section is excluded from unrelated business taxable income. How to file back tax Dues of Agricultural Organizations and Business Leagues Dues received from associate members by organizations exempt under section 501(c)(5) or section 501(c)(6) may be treated as gross income from an unrelated trade or business if the associate member category exists for the principal purpose of producing unrelated business income. How to file back tax For example, if an organization creates an associate member category solely to allow associate members to purchase insurance through the organization, the associate member dues may be unrelated business income. How to file back tax Exception. How to file back tax   Associate member dues received by an agricultural or horticultural organization are not treated as gross income from an unrelated trade or business, regardless of their purpose, if they are not more than the annual limit. How to file back tax The limit on dues paid by an associate member is $148 for 2011. How to file back tax   If the required annual dues are more than the limit, the entire amount is treated as income from an unrelated business unless the associate member category was formed or availed of for the principal purpose of furthering the organization's exempt purposes. How to file back tax Deductions To qualify as allowable deductions in computing unrelated business taxable income, the expenses, depreciation, and similar items generally must be allowable income tax deductions that are directly connected with carrying on an unrelated trade or business. How to file back tax They cannot be directly connected with excluded income. How to file back tax For an exception to the “directly connected” requirement, see Charitable contributions deduction, under Modifications, later. How to file back tax Directly Connected To be directly connected with the conduct of an unrelated business, deductions must have a proximate and primary relationship to carrying on that business. How to file back tax For an exception, see Expenses attributable to exploitation of exempt activities, later. How to file back tax Expenses attributable solely to unrelated business. How to file back tax   Expenses, depreciation, and similar items attributable solely to the conduct of an unrelated business are proximately and primarily related to that business and qualify for deduction to the extent that they are otherwise allowable income tax deductions. How to file back tax   For example, salaries of personnel employed full-time to conduct the unrelated business and depreciation of a building used entirely in the conduct of that business are deductible to the extent otherwise allowable. How to file back tax Expenses attributable to dual use of facilities or personnel. How to file back tax   When facilities or personnel are used both to conduct exempt functions and to conduct an unrelated trade or business, expenses, depreciation, and similar items attributable to the facilities or personnel must be allocated between the two uses on a reasonable basis. How to file back tax The part of an item allocated to the unrelated trade or business is proximately and primarily related to that business and is allowable as a deduction in computing unrelated business taxable income if the expense is otherwise an allowable income tax deduction. How to file back tax Example 1. How to file back tax A school recognized as a tax-exempt organization contracts with an individual to conduct a summer tennis camp. How to file back tax The school provides the tennis courts, housing, and dining facilities. How to file back tax The contracted individual hires the instructors, recruits campers, and provides supervision. How to file back tax The income the school receives from this activity is from a dual use of the facilities and personnel. How to file back tax The school, in computing its unrelated business taxable income, may deduct an allocable part of the expenses attributable to the facilities and personnel. How to file back tax Example 2. How to file back tax An exempt organization with gross income from an unrelated trade or business pays its president $90,000 a year. How to file back tax The president devotes approximately 10% of his time to the unrelated business. How to file back tax To figure the organization's unrelated business taxable income, a deduction of $9,000 ($90,000 × 10%) is allowed for the salary paid to its president. How to file back tax Expenses attributable to exploitation of exempt activities. How to file back tax   Generally, expenses, depreciation, and similar items attributable to the conduct of an exempt activity are not deductible in computing unrelated business taxable income from an unrelated trade or business that exploits the exempt activity. How to file back tax (See Exploitation of exempt functions under Not substantially related in chapter 3. How to file back tax ) This is because they do not have a proximate and primary relationship to the unrelated trade or business, and therefore, they do not qualify as directly connected with that business. How to file back tax Exception. How to file back tax   Expenses, depreciation, and similar items may be treated as directly connected with the conduct of the unrelated business if all the following statements are true. How to file back tax The unrelated business exploits the exempt activity. How to file back tax The unrelated business is a type normally conducted for profit by taxable organizations. How to file back tax The exempt activity is a type normally conducted by taxable organizations in carrying on that type of business. How to file back tax The amount treated as directly connected is the smaller of: The excess of these expenses, depreciation, and similar items over the income from, or attributable to, the exempt activity; or The gross unrelated business income reduced by all other expenses, depreciation, and other items that are actually directly connected. How to file back tax   The application of these rules to an advertising activity that exploits an exempt publishing activity is explained next. How to file back tax Exploitation of Exempt Activity—Advertising Sales The sale of advertising in a periodical of an exempt organization that contains editorial material related to the accomplishment of the organization's exempt purpose is an unrelated business that exploits an exempt activity, the circulation and readership of the periodical. How to file back tax Therefore, in addition to direct advertising costs, exempt activity costs (expenses, depreciation, and similar expenses attributable to the production and distribution of the editorial or readership content) can be treated as directly connected with the conduct of the advertising activity. How to file back tax (See Expenses attributable to exploitation of exempt activities under Directly Connected, earlier. How to file back tax ) Figuring unrelated business taxable income (UBTI). How to file back tax   The UBTI of an advertising activity is the amount shown in the following chart. How to file back tax IF gross advertising income is . How to file back tax . How to file back tax . How to file back tax THEN UBTI is . How to file back tax . How to file back tax . How to file back tax More than direct advertising costs The excess advertising income, reduced (but not below zero) by the excess, if any, of readership costs over circulation income. How to file back tax Equal to or less than direct advertising costs Zero. How to file back tax   • Circulation income and readership costs are not taken into account. How to file back tax   • Any excess advertising costs reduce (but not below zero) UBTI from any other unrelated business activity. How to file back tax   The terms used in the chart are explained in the following discussions. How to file back tax Periodical Income Gross advertising income. How to file back tax   This is all the income from the unrelated advertising activities of an exempt organization periodical. How to file back tax Circulation income. How to file back tax   This is all the income from the production, distribution, or circulation of an exempt organization's periodical (other than gross advertising income). How to file back tax It includes all amounts from the sale or distribution of the readership content of the periodical, such as income from subscriptions. How to file back tax It also includes allocable membership receipts if the right to receive the periodical is associated with a membership or similar status in the organization. How to file back tax Allocable membership receipts. How to file back tax   This is the part of membership receipts (dues, fees, or other charges associated with membership) equal to the amount that would have been charged and paid for the periodical if: The periodical was published by a taxable organization, The periodical was published for profit, and The member was an unrelated party dealing with the taxable organization at arm's length. How to file back tax   The amount used to allocate membership receipts is the amount shown in the following chart. How to file back tax   For this purpose, the total periodical costs are the sum of the direct advertising costs and the readership costs, explained under Periodical Costs, later. How to file back tax The cost of other exempt activities means the total expenses incurred by the organization in connection with its other exempt activities, not offset by any income earned by the organization from those activities. How to file back tax IF . How to file back tax . How to file back tax . How to file back tax THEN the amount used to allocate membership receipts is . How to file back tax . How to file back tax . How to file back tax 20% or more of the total circulation consists of sales to nonmembers The subscription price charged nonmembers. How to file back tax The above condition does not apply, and 20% or more of the members pay reduced dues because they do not receive the periodical The reduction in dues for a member not receiving the periodical. How to file back tax Neither of the above conditions applies The membership receipts multiplied by this fraction:   Total periodical costs Total periodical costs Plus Cost of other exempt activities Example 1. How to file back tax U is an exempt scientific organization with 10,000 members who pay annual dues of $15. How to file back tax One of U's activities is publishing a monthly periodical distributed to all of its members. How to file back tax U also distributes 5,000 additional copies of its periodical to nonmembers, who subscribe for $10 a year. How to file back tax Since the nonmember circulation of U's periodical represents one-third (more than 20%) of its total circulation, the subscription price charged to nonmembers is used to determine the part of U's membership receipts allocable to the periodical. How to file back tax Thus, U's allocable membership receipts are $100,000 ($10 times 10,000 members), and U's total circulation income for the periodical is $150,000 ($100,000 from members plus $50,000 from sales to nonmembers). How to file back tax Example 2. How to file back tax Assume the same facts except that U sells only 500 copies of its periodical to nonmembers, at a price of $10 a year. How to file back tax Assume also that U's members may elect not to receive the periodical, in which case their dues are reduced from $15 a year to $6 a year, and that only 3,000 members elect to receive the periodical and pay the full dues of $15 a year. How to file back tax U's stated subscription price of $9 to members consistently results in an excess of total income (including gross advertising income) attributable to the periodical over total costs of the periodical. How to file back tax Since the 500 copies of the periodical distributed to nonmembers represent only 14% of the 3,500 copies distributed, the $10 subscription price charged to nonmembers is not used to determine the part of membership receipts allocable to the periodical. How to file back tax Instead, since 70% of the members elect not to receive the periodical and pay $9 less per year in dues, the $9 price is used to determine the subscription price charged to members. How to file back tax Thus, the allocable membership receipts will be $9 a member, or $27,000 ($9 times 3,000 copies). How to file back tax U's total circulation income is $32,000 ($27,000 plus the $5,000 from nonmember subscriptions). How to file back tax Periodical Costs Direct advertising costs. How to file back tax   These are expenses, depreciation, and similar items of deduction directly connected with selling and publishing advertising in the periodical. How to file back tax   Examples of allowable deductions under this classification include agency commissions and other direct selling costs, such as transportation and travel expenses, office salaries, promotion and research expenses, and office overhead directly connected with the sale of advertising lineage in the periodical. How to file back tax Also included are other deductions commonly classified as advertising costs under standard account classifications, such as artwork and copy preparation, telephone, telegraph, postage, and similar costs directly connected with advertising. How to file back tax   In addition, direct advertising costs include the part of mechanical and distribution costs attributable to advertising lineage. How to file back tax For this purpose, the general account classifications of items includable in mechanical and distribution costs ordinarily employed in business-paper and consumer-publication accounting provide a guide for the computation. How to file back tax Accordingly, the mechanical and distribution costs include the part of the costs and other expenses of composition, press work, binding, mailing (including paper and wrappers used for mailing), and bulk postage attributable to the advertising lineage of the publication. How to file back tax   In the absence of specific and detailed records, the part of mechanical and distribution costs attributable to the periodical's advertising lineage can be based on the ratio of advertising lineage to total lineage in the periodical, if this allocation is reasonable. How to file back tax Readership costs. How to file back tax   These are all expenses, depreciation, and similar items that are directly connected with the production and distribution of the readership content of the periodical. How to file back tax Costs partly attributable to other activities. How to file back tax   Deductions properly attributable to exempt activities other than publishing the periodical may not be allocated to the periodical. How to file back tax When expenses are attributable both to the periodical and to the organization's other activities, an allocation must be made on a reasonable basis. How to file back tax The method of allocation will vary with the nature of the item, but once adopted, should be used consistently. How to file back tax Allocations based on dollar receipts from various exempt activities generally are not reasonable since receipts usually do not accurately reflect the costs associated with specific activities that an exempt organization conducts. How to file back tax Consolidated Periodicals If an exempt organization publishes more than one periodical to produce income, it may treat all of them (but not less than all) as one in determining unrelated business taxable income from selling advertising. How to file back tax It treats the gross income from all the periodicals, and the deductions directly connected with them, on a consolidated basis. How to file back tax Consolidated treatment, once adopted, must be followed consistently and is binding. How to file back tax This treatment can be changed only with the consent of the Internal Revenue Service. How to file back tax An exempt organization's periodical is published to produce income if: The periodical generates gross advertising income to the organization equal to at least 25% of its readership costs, and Publishing the periodical is an activity engaged in for profit. How to file back tax Whether the publication of a periodical is an activity engaged in for profit can be determined only by all the facts and circumstances in each case. How to file back tax The facts and circumstances must show that the organization carries on the activity for economic profit, although there may not be a profit in a particular year. How to file back tax For example, if an organization begins publishing a new periodical whose total costs exceed total income in the start-up years because of lack of advertising sales, that does not mean that the organization did not have as its objective an economic profit. How to file back tax The organization may establish that it had this objective by showing it can reasonably expect advertising sales to increase, so that total income will exceed costs within a reasonable time. How to file back tax Example. How to file back tax Y, an exempt trade association, publishes three periodicals that it distributes to its members: a weekly newsletter, a monthly magazine, and a quarterly journal. How to file back tax Both the monthly magazine and the quarterly journal contain advertising that accounts for gross advertising income equal to more than 25% of their respective readership costs. How to file back tax Similarly, the total income attributable to each periodical has exceeded the total deductions attributable to each periodical for substantially all the years they have been published. How to file back tax The newsletter carries no advertising and its annual subscription price is not intended to cover the cost of publication. How to file back tax The newsletter is a service that Y distributes to all of its members in an effort to keep them informed of changes occurring in the business world. How to file back tax It is not engaged in for profit. How to file back tax Under these circumstances, Y may consolidate the income and deductions from the monthly and quarterly journals in computing its unrelated business taxable income. How to file back tax It may not consolidate the income and deductions from the newsletter with the income and deductions of its other periodicals, since the newsletter is not published for the production of income. How to file back tax Modifications Net operating loss deduction. How to file back tax   The net operating loss (NOL) deduction (as provided in section 172) is allowed in computing unrelated business taxable income. How to file back tax However, the NOL for any tax year, the carrybacks and carryovers of NOLs, and the NOL deduction are determined without taking into account any amount of income or deduction that has been specifically excluded in computing unrelated business taxable income. How to file back tax For example, a loss from an unrelated trade or business is not diminished because dividend income was received. How to file back tax   If this were not done, organizations would, in effect, be taxed on their exempt income, since unrelated business losses then would be offset by dividends, interest, and other excluded income. How to file back tax This would reduce the loss that could be applied against unrelated business income of prior or future tax years. How to file back tax Therefore, to preserve the immunity of exempt income, all NOL computations are limited to those items of income and deductions that affect the unrelated business taxable income. How to file back tax   In line with this concept, an NOL carryback or carryover is allowed only from a tax year for which the organization is subject to tax on unrelated business income. How to file back tax   For example, if an organization just became subject to the tax last year, its NOL for that year is not a carryback to a prior year when it had no unrelated business taxable income, nor is its NOL carryover to succeeding years reduced by the related income of those prior years. How to file back tax   However, in determining the span of years for which an NOL may be carried back or forward, the tax years for which the organization is not subject to the tax on unrelated business income are counted. How to file back tax For example, if an organization was subject to the tax for 2009 and had an NOL for that year, the last tax year to which any part of that loss may be carried over is 2029, regardless of whether the organization was subject to the unrelated business income tax in any of the intervening years. How to file back tax   For more details on the NOL deduction, including property eligible for an extended carryback period, see sections 172 and 1400N, Publication 536, Net Operating Losses (NOLs) for Individuals, Estates, and Trusts, and Publication 4492-B, Information for Affected Taxpayers in the Midwestern Disaster Areas. How to file back tax Charitable contributions deduction. How to file back tax   An exempt organization is allowed to deduct its charitable contributions in computing its unrelated business taxable income whether or not the contributions are directly connected with the unrelated business. How to file back tax   To be deductible, the contribution must be paid to another qualified organization. How to file back tax For example, an exempt university that operates an unrelated business may deduct a contribution made to another university for educational work, but may not claim a deduction for contributions of amounts spent for carrying out its own educational program. How to file back tax   For purposes of the deduction, a distribution by a trust made under the trust instrument to a beneficiary, which itself is a qualified organization, is treated the same as a contribution. How to file back tax Deduction limits. How to file back tax   An exempt organization that is subject to the unrelated business income tax at corporate rates is allowed a deduction for charitable contributions up to 10% of its unrelated business taxable income computed without regard to the deduction for contributions. How to file back tax See the Instructions for Form 990-T for more information. How to file back tax    An exempt trust that is subject to the unrelated business income tax at trust rates generally is allowed a deduction for charitable contributions in the same amounts as allowed for individuals. How to file back tax However, the limit on the deduction is determined in relation to the trust's unrelated business taxable income computed without regard to the deduction, rather than in relation to adjusted gross income. How to file back tax   Contributions in excess of the limits just described may be carried over to the next 5 tax years. How to file back tax A contribution carryover is not allowed, however, to the extent that it increases an NOL carryover. How to file back tax Suspension of deduction limits for farmers and ranchers. How to file back tax   The limitations discussed above are temporarily suspended for certain qualified conservation contributions of property used in agriculture or livestock production. How to file back tax See the Instructions for Form 990-T for details. How to file back tax Specific deduction. How to file back tax   In computing unrelated business taxable income, a specific deduction of $1,000 is allowed. How to file back tax However, the specific deduction is not allowed in computing an NOL or the NOL deduction. How to file back tax   Generally, the deduction is limited to $1,000 regardless of the number of unrelated businesses in which the organization is engaged. How to file back tax Exception. How to file back tax   An exception is provided in the case of a diocese, province of a religious order, or a convention or association of churches that may claim a specific deduction for each parish, individual church, district, or other local unit. How to file back tax In these cases, the specific deduction for each local unit is limited to the lower of: $1,000, or Gross income derived from an unrelated trade or business regularly conducted by the local unit. How to file back tax   This exception applies only to parishes, districts, or other local units that are not separate legal entities, but are components of a larger entity (diocese, province, convention, or association) filing Form 990-T. How to file back tax The parent organization must file a return reporting the unrelated business gross income and related deductions of all units that are not separate legal entities. How to file back tax The local units cannot file separate returns. How to file back tax However, each local unit that is separately incorporated must file its own return and cannot include, or be included with, any other entity. How to file back tax See Title-holding corporations in chapter 1 for a discussion of the only situation in which more than one legal entity may be included on the same Form 990-T. How to file back tax Example. How to file back tax X is an association of churches and is divided into local units A, B, C, and D. How to file back tax Last year, A, B, C, and D derived gross income of, respectively, $1,200, $800, $1,500, and $700 from unrelated businesses that they regularly conduct. How to file back tax X may claim a specific deduction of $1,000 with respect to A, $800 with respect to B, $1,000 with respect to C, and $700 with respect to D. How to file back tax Partnership Income or Loss An organization may have unrelated business income or loss as a member of a partnership, rather than through direct business dealings with the public. How to file back tax If so, it must treat its share of the partnership income or loss as if it had conducted the business activity in its own capacity as a corporation or trust. How to file back tax No distinction is made between limited and general partners. How to file back tax The organization is required to notify the partnership of its tax-exempt status. How to file back tax Thus, if an organization is a member of a partnership regularly engaged in a trade or business that is an unrelated trade or business with respect to the organization, the organization must include in its unrelated business taxable income its share of the partnership's gross income from the unrelated trade or business (whether or not distributed), and the deductions attributable to it. How to file back tax The partnership income and deductions to be included in the organization's unrelated business taxable income are figured the same way as any income and deductions from an unrelated trade or business conducted directly by the organization. How to file back tax The partnership is required to provide the organization this information on Schedule K-1. How to file back tax Example. How to file back tax An exempt educational organization is a partner in a partnership that operates a factory. How to file back tax The partnership also holds stock in a corporation. How to file back tax The exempt organization must include its share of the gross income from operating the factory in its unrelated business taxable income but may exclude its share of any dividends the partnership received from the corporation. How to file back tax Different tax years. How to file back tax   If the exempt organization and the partnership of which it is a member have different tax years, the partnership items that enter into the computation of the organization's unrelated business taxable income must be based on the income and deductions of the partnership for the partnership's tax year that ends within or with the organization's tax year. How to file back tax S Corporation Income or Loss An organization that owns S corporation stock must take into account its share of the S corporation's income, deductions, or losses in figuring unrelated business taxable income, regardless of the actual source or nature of the income, deductions, and losses. How to file back tax For example, the organization's share of the S corporation's interest and dividend income will be taxable, even though interest and dividends are normally excluded from unrelated business taxable income. How to file back tax The organization must also take into account its gain or loss on the sale or other disposition of the S corporation stock in figuring unrelated business taxable income. How to file back tax Special Rules for Foreign Organizations The unrelated business taxable income of a foreign organization exempt from tax under section 501(a) consists of the organization's: Unrelated business taxable income derived from sources within the United States but not effectively connected with the conduct of a trade or business within the United States, and Unrelated business taxable income effectively connected with the conduct of a trade or business within the United States, whether or not this income is derived from sources within the United States. How to file back tax To determine whether income realized by a foreign organization is derived from sources within the United States or is effectively connected with the conduct of a trade or business within the United States, see sections 861 through 865 and the related regulations. How to file back tax Special Rules for Social Clubs, VEBAs, SUBs, and GLSOs The following discussion applies to: Social clubs described in section 501(c)(7), Voluntary employees' beneficiary associations (VEBAs) described in section 501(c)(9), Supplemental unemployment compensation benefit trusts (SUBs) described in section 501(c)(17), and Group legal services organizations (GLSOs) described in section 501(c)(20). How to file back tax These organizations must figure unrelated business taxable income under special rules. How to file back tax Unlike other exempt organizations, they cannot exclude their investment income (dividends, interest, rents, etc. How to file back tax ). How to file back tax (See Exclusions under Income, earlier. How to file back tax ) Therefore, they are generally subject to unrelated business income tax on this income. How to file back tax The unrelated business taxable income of these organizations includes all gross income, less deductions directly connected with the production of that income, except that gross income for this purpose does not include exempt function income. How to file back tax The dividends received by a corporation are not allowed in computing unrelated business taxable income because it is not an expense incurred in the production of income. How to file back tax Losses from nonexempt activities. How to file back tax   Losses from nonexempt activities of these organizations cannot be used to offset investment income unless the activities were undertaken with the intent to make a profit. How to file back tax Example. How to file back tax A private golf and country club that is a qualified tax-exempt social club has nonexempt function income from interest and from the sale of food and beverages to nonmembers. How to file back tax The club sells food and beverages as a service to members and their guests rather than for the purpose of making a profit. How to file back tax Therefore, any loss resulting from sales to nonmembers cannot be used to offset the club's interest income. How to file back tax Modifications. How to file back tax   The unrelated business taxable income is modified by any NOL or charitable contributions deduction and by the specific deduction (described earlier under Deductions). How to file back tax Exempt function income. How to file back tax   This is gross income from dues, fees, charges or similar items paid by members for goods, facilities, or services to the members or their dependents or guests, to further the organization's exempt purposes. How to file back tax Exempt function income also includes income set aside for qualified purposes. How to file back tax Income that is set aside. How to file back tax   This is income set aside to be used for religious, charitable, scientific, literary, or educational purposes or for the prevention of cruelty to children or animals. How to file back tax In addition, for a VEBA, SUB, or GLSO, it is income set aside to provide for the payment of life, sick, accident, or other benefits. How to file back tax   However, any amounts set aside by a VEBA or SUB that exceed the organization's qualified asset account limit (determined under section 419A) are unrelated business income. How to file back tax Special rules apply to the treatment of existing reserves for post-retirement medical or life insurance benefits. How to file back tax These rules are explained in section 512(a)(3)(E)(ii). How to file back tax   Income derived from an unrelated trade or business may not be set aside and therefore cannot be exempt function income. How to file back tax In addition, any income set aside and later spent for other purposes must be included in unrelated business taxable income. How to file back tax   Set-aside income is generally excluded from gross income only if it is set aside in the tax year in which it is otherwise includible in gross income. How to file back tax However, income set aside on or before the date for filing Form 990-T, including extensions of time, may, at the election of the organization, be treated as having been set aside in the tax year for which the return was filed. How to file back tax The income set aside must have been includible in gross income for that earlier year. How to file back tax Nonrecognition of gain. How to file back tax   If the organization sells property used directly in performing an exempt function and purchases other property used directly in performing an exempt function, any gain on the sale is recognized only to the extent that the sales price of the old property exceeds the cost of the new property. How to file back tax The purchase of the new property must be made within 1 year before the date of sale of the old property or within 3 years after the date of sale. How to file back tax   This rule also applies to gain from an involuntary conversion of the property resulting from its destruction in whole or in part, theft, seizure, requisition, or condemnation. How to file back tax Special Rules for Veterans' Organizations Unrelated business taxable income of a veterans' organization that is exempt under section 501(c)(19) does not include the net income from insurance business that is properly set aside. How to file back tax The organization may set aside income from payments received for life, sick, accident, or health insurance for the organization's members or their dependents for the payment of insurance benefits or reasonable costs of insurance administration, or for use exclusively for religious, charitable, scientific, literary, or educational purposes, or the prevention of cruelty to children or animals. How to file back tax For details, see section 512(a)(4) and the regulations under that section. How to file back tax Income From Controlled Organizations The exclusions for interest, annuities, royalties, and rents, explained earlier in this chapter under Income, may not apply to a payment of these items received by a controlling organization from its controlled organization. How to file back tax The payment is included in the controlling organization's unrelated business taxable income to the extent it reduced the net unrelated income (or increased the net unrelated loss) of the controlled organization. How to file back tax All deductions of the controlling organization directly connected with the amount included in its unrelated business taxable income are allowed. How to file back tax Excess qualifying specified payments. How to file back tax   Excess qualifying specified payments received or accrued from a controlled entity are included in a controlling exempt organization's unrelated business taxable income only on the amount that exceeds that which would have been paid or accrued if the payments had been determined under section 482. How to file back tax Qualifying specified payments means any payments of interest, annuities, royalties, or rents received or accrued from the controlled organization pursuant to a binding written contract in effect on August 17, 2006, or to a contract which is a renewal, under substantially similar terms of a binding written contract in effect on August 17, 2006, and the payments are received or accrued before January 1, 2012. How to file back tax   If a controlled participant is not required to file a U. How to file back tax S. How to file back tax income tax return, the participant must ensure that the copy or copies of the Regulations section 1. How to file back tax 482-7 Cost Sharing Arrangement Statement and any updates are attached to Schedule M of any Form 5471, Information Return of U. How to file back tax S. How to file back tax Persons With Respect To Certain Foreign Corporations, any Form 5472, Information Return of a 25% Foreign-Owned U. How to file back tax S. How to file back tax Corporation or a Foreign Corporation Engaged in a U. How to file back tax S. How to file back tax Trade or Business, or any Form 8865, Return of U. How to file back tax S. How to file back tax Persons With Respect to Certain Foreign Partnerships, filed for that participant. How to file back tax Addition to tax for valuation misstatements. How to file back tax   Under section 512(b)(13)(E)(ii), the tax imposed on a controlling organization will be increased by 20 percent of the excess qualifying specified payments that are determined with or without any amendments or supplements, whichever is larger. How to file back tax See section 512(b)(13)(E)(ii) for more information. How to file back tax Net unrelated income. How to file back tax   This is: For an exempt organization, its unrelated business taxable income, or For a nonexempt organization, the part of its taxable income that would be unrelated business taxable income if it were exempt and had the same exempt purposes as the controlling organization. How to file back tax Net unrelated loss. How to file back tax   This is: For an exempt organization, its NOL, or For a nonexempt organization, the part of its NOL that would be its NOL if it were exempt and had the same exempt purposes as the controlling organization. How to file back tax Control. How to file back tax   An organization is controlled if: For a corporation, the controlling organization owns (by vote or value) more than 50% of the stock, For a partnership, the controlling organization owns more than 50% of the profits or capital interests, or For any other organization, the controlling organization owns more than 50% of the beneficial interest. How to file back tax For this purpose, constructive ownership of stock (determined under section 318) or other interests is taken into account. How to file back tax   As a result, an exempt parent organization is treated as controlling any subsidiary in which it holds more than 50% of the voting power or value, whether directly (as in the case of a first-tier subsidiary) or indirectly (as in the case of a second-tier subsidiary). How to file back tax Income from property financed with qualified 501(c)(3) bonds. How to file back tax If any part of a 501(c)(3) organization's property financed with qualified 501(c)(3) bonds is used in a trade or business of any person other than a section 501(c)(3) organization or a governmental unit, and such use is not consistent with the requirements for qualified 501(c)(3) bonds under section 145, the section 501(c)(3) organization is considered to have received unrelated business income in the amount of the greater of the actual rental income or the fair rental value of the property for the period it is used. How to file back tax No deduction is allowed for interest on the private activity bond. How to file back tax See sections 150(b)(3) and (c) for more information. How to file back tax Disposition of property received from taxable subsidiary and used in unrelated business. How to file back tax A taxable 80%-owned subsidiary corporation of one or more tax-exempt entities is generally subject to tax on a distribution in liquidation of its assets to its exempt parent (or parents). How to file back tax The assets are treated as if sold at fair market value. How to file back tax Tax-exempt entities include organizations described in sections 501(a), 529, and 115, charitable remainder trusts, U. How to file back tax S. How to file back tax and foreign governments, Indian tribal governments, international organizations, and similar non-taxable organizations. How to file back tax A taxable corporation that transfers substantially all of its assets to a tax-exempt entity in a transaction that otherwise qualifies for nonrecognition treatment must recognize gain on the transaction as if it sold the assets at fair market value. How to file back tax However, such a transfer is not taxable if it qualifies as a like-kind exchange under section 1031 or an involuntary conversion under section 1033. How to file back tax In such a case the built-in appreciation is preserved in the replacement property received in the transaction. How to file back tax A corporation that changes status from taxable to tax-exempt is treated generally as if it transferred all of its assets to a tax-exempt entity immediately before the change in status (thus subjecting it to the tax on a deemed sale for fair market value). How to file back tax This rule does not apply where the taxable corporation becomes exempt within 3 years of formation, or had previously been exempt and within several years (generally a period of 3 years) regains exemption, unless the principal purpose of the transactions is to avoid the tax on the change in status. How to file back tax In the transactions described above, the taxable event is deferred for property that the tax-exempt entity immediately uses in an unrelated business. How to file back tax If the parent later disposes of the property, then any gain (not in excess of the amount not recognized) is included in the parent's unrelated business taxable income. How to file back tax If there is partial use of the assets in unrelated business, then there is partial recognition of gain or loss. How to file back tax Property is treated as disposed if the tax-exempt entity no longer uses it in an unrelated business. How to file back tax Losses on the transfer of assets to a tax-exempt entity are disallowed if part of a plan with a principal purpose of recognizing losses. How to file back tax Income From Debt-Financed Property Investment income that would otherwise be excluded from an exempt organization's unrelated business taxable income (see Exclusions under Income earlier) must be included to the extent it is derived from debt-financed property. How to file back tax The amount of income included is proportionate to the debt on the property. How to file back tax Debt-Financed Property In general, the term “debt-financed property” means any property held to produce income (including gain from its disposition) for which there is an acquisition indebtedness at any time during the tax year (or during the 12-month period before the date of the property's disposal, if it was disposed of during the tax year). How to file back tax It includes rental real estate, tangible personal property, and corporate stock. How to file back tax Acquisition Indebtedness For any debt-financed property, acquisition indebtedness is the unpaid amount of debt incurred by an organization: When acquiring or improving the property, Before acquiring or improving the property if the debt would not have been incurred except for the acquisition or improvement, and After acquiring or improving the property if: The debt would not have been incurred except for the acquisition or improvement, and Incurring the debt was reasonably foreseeable when the property was acquired or improved. How to file back tax The facts and circumstances of each situation determine whether incurring a debt was reasonably foreseeable. How to file back tax That an organization may not have foreseen the need to incur a debt before acquiring or improving the property does not necessarily mean that incurring the debt later was not reasonably foreseeable. How to file back tax Example 1. How to file back tax Y, an exempt scientific organization, mortgages its laboratory to replace working capital used in remodeling an office building that Y rents to an insurance company for nonexempt purposes. How to file back tax The debt is acquisition indebtedness since the debt, though incurred after the improvement of the office building, would not have been incurred without the improvement, and the debt was reasonably foreseeable when, to make the improvement, Y reduced its working capital below the amount necessary to continue current operations. How to file back tax Example 2. How to file back tax X, an exempt organization, forms a partnership with A and B. How to file back tax The partnership agreement provides that all three partners will share equally in the profits of the partnership, each will invest $3 million, and X will be a limited partner. How to file back tax X invests $1 million of its own funds in the partnership and $2 million of borrowed funds. How to file back tax The partnership buys as its sole asset an office building that it leases to the public for nonexempt purposes. How to file back tax The office building costs the partnership $24 million, of which $15 million is borrowed from Y bank. How to file back tax The loan is secured by a mortgage on the entire office building. How to file back tax By agreement with Y bank, X is not personally liable for payment of the mortgage. How to file back tax X has acquisition indebtedness of $7 million. How to file back tax This amount is the $2 million debt X incurred in acquiring the partnership interest, plus the $5 million that is X's allocable part of the partnership's debt incurred to buy the office building (one-third of $15 million). How to file back tax Example 3. How to file back tax A labor union advanced funds, from existing resources and without any borrowing, to its tax-exempt subsidiary title-holding company. How to file back tax The subsidiary used the funds to pay a debt owed to a third party that was previously incurred in acquiring two income-producing office buildings. How to file back tax Neither the union nor the subsidiary has incurred any further debt in acquiring or improving the property. How to file back tax The union has no outstanding debt on the property. How to file back tax The subsidiary's debt to the union is represented by a demand note on which the subsidiary makes payments whenever it has the available cash. How to file back tax The books of the union and the subsidiary list the outstanding debt as interorganizational indebtedness. How to file back tax Although the subsidiary's books show a debt to the union, it is not the type subject to the debt-financed property rules. How to file back tax In this situation, the very nature of the title-holding company and the parent-subsidiary relationship shows this debt to be merely a matter of accounting between the two organizations. How to file back tax Accordingly, the debt is not acquisition indebtedness. How to file back tax Change in use of property. How to file back tax   If an organization converts property that is not debt-financed property to a use that results in its treatment as debt-financed property, the outstanding principal debt on the property is thereafter treated as acquisition indebtedness. How to file back tax Example. How to file back tax Four years ago a university borrowed funds to acquire an apartment building as housing for married students. How to file back tax Last year, the university rented the apartment building to the public for nonexempt purposes. How to file back tax The outstanding principal debt becomes acquisition indebtedness as of the time the building was first rented to the public. How to file back tax Continued debt. How to file back tax   If an organization sells property and, without paying off debt that would be acquisition indebtedness if the property were debt-financed property, buys property that is otherwise debt-financed property, the unpaid debt is acquisition indebtedness for the new property. How to file back tax This is true even if the original property was not debt-financed property. How to file back tax Example. How to file back tax To house its administration offices, an exempt organization bought a building using $600,000 of its own funds and $400,000 of borrowed funds secured by a pledge of its securities. How to file back tax The office building was not debt-financed property. How to file back tax The organization later sold the building for $1 million without repaying the $400,000 loan. How to file back tax It used the sale proceeds to buy an apartment building it rents to the general public. How to file back tax The unpaid debt of $400,000 is acquisition indebtedness with respect to the apartment building. How to file back tax Property acquired subject to mortgage or lien. How to file back tax   If property (other than certain gifts, bequests, and devises) is acquired subject to a mortgage, the outstanding principal debt secured by that mortgage is treated as acquisition indebtedness even if the organization did not assume or agree to pay the debt. How to file back tax Example. How to file back tax An exempt organization paid $50,000 for real property valued at $150,000 and subject to a $100,000 mortgage. How to file back tax The $100,000 of outstanding principal debt is acquisition indebtedness, as though the organization had borrowed $100,000 to buy the property. How to file back tax Liens similar to a mortgage. How to file back tax   In determining acquisition indebtedness, a lien similar to a mortgage is treated as a mortgage. How to file back tax A lien is similar to a mortgage if title to property is encumbered by the lien for a creditor's benefit. How to file back tax However, when state law provides that a lien for taxes or assessments attaches to property before the taxes or assessments become due and payable, the lien is not treated as a mortgage until after the taxes or assessments have become due and payable and the organization has had an opportunity to pay the lien in accordance with state law. How to file back tax Liens similar to mortgages include (but are not limited to): Deeds of trust, Conditional sales contracts, Chattel mortgages, Security interests under the Uniform Commercial Code, Pledges, Agreements to hold title in escrow, and Liens for taxes or assessments (other than those discussed earlier in this paragraph). How to file back tax Exception for property acquired by gift, bequest, or devise. How to file back tax   If property subject to a mortgage is acquired by gift, bequest, or devise, the outstanding principal debt secured by the mortgage is not treated as acquisition indebtedness during the 10-year period following the date the organization receives the property. How to file back tax However, this applies to a gift of property only if:    The mortgage was placed on the property more than 5 years before the date the organization received it, and The donor held the property for more than 5 years before the date the organization received it. How to file back tax   This exception does not apply if an organization assumes and agrees to pay all or part of the debt secured by the mortgage or makes any payment for the equity in the property owned by the donor or decedent (other than a payment under an annuity obligation excluded from the definition of acquisition indebtedness, discussed under Debt That Is Not Acquisition Indebtedness, later). How to file back tax   Whether an organization has assumed and agreed to pay all or part of a debt in order to acquire the property is determined by the facts and circumstances of each situation. How to file back tax Modifying existing debt. How to file back tax   Extending, renewing, or refinancing an existing debt is considered a continuation of that debt to the extent its outstanding principal does not increase. How to file back tax When the principal of the modified debt is more than the outstanding principal of the old debt, the excess is treated as a separate debt. How to file back tax Extension or renewal. How to file back tax   In general, any modification or substitution of the terms of a debt by an organization is considered an extension or renewal of the original debt, rather than the start of a new one, to the extent that the outstanding principal of the debt does not increase. How to file back tax   The following are examples of acts resulting in the extension or renewal of a debt: Substituting liens to secure the debt, Substituting obligees whether or not with the organization's consent, Renewing, extending, or accelerating the payment terms of the debt, and Adding, deleting, or substituting sureties or other primary or secondary obligors. How to file back tax Debt increase. How to file back tax   If the outstanding principal of a modified debt is more than that of the unmodified debt, and only part of the refinanced debt is acquisition indebtedness, the payments on the refinanced debt must be allocated between the old debt and the excess. How to file back tax Example. How to file back tax An organization has an outstanding principal debt of $500,000 that is treated as acquisition indebtedness. How to file back tax The organization borrows another $100,000, which is not acquisition indebtedness, from the same lender, resulting in a $600,000 note for the total obligation. How to file back tax A payment of $60,000 on the total obligation would reduce the acquisition indebtedness by $50,000 ($60,000 x $500,000/$600,000) and the excess debt by $10,000. How to file back tax Debt That Is Not Acquisition Indebtedness Certain debt and obligations are not acquisition indebtedness. How to file back tax These include the following. How to file back tax Debts incurred in performing an exempt purpose. How to file back tax Annuity obligations. How to file back tax Securities loans. How to file back tax Real property debts of qualified organizations. How to file back tax Certain Federal financing. How to file back tax Debt incurred in performing exempt purpose. How to file back tax   A debt incurred in performing an exempt purpose is not acquisition indebtedness. How to file back tax For example, acquisition indebtedness does not include the debt an exempt credit union incurs in accepting deposits from its members or the debt an exempt organization incurs in accepting payments from its members to provide them with insurance, retirement, or other benefits. How to file back tax Annuity obligation. How to file back tax   The organization's obligation to pay an annuity is not acquisition indebtedness if the annuity meets all the following requirements. How to file back tax It must be the sole consideration (other than a mortgage on property acquired by gift, bequest, or devise that meets the exception discussed under Property acquired subject to mortgage or lien, earlier in this chapter) issued in exchange for the property received. How to file back tax Its present value, at the time of exchange, must be less than 90% of the value of the prior owner's equity in the property received. How to file back tax It must be payable over the lives of either one or two individuals living when issued. How to file back tax It must be payable under a contract that: Does not guarantee a minimum nor specify a maximum number of payments, and Does not provide for any adjustment of the amount of the annuity payments based on the income received from the transferred property or any other property. How to file back tax Example. How to file back tax X, an exempt organization, receives property valued at $100,000 from donor A, a male age 60. How to file back tax In return X promises to pay A $6,000 a year for the rest of A's life, with neither a minimum nor maximum number of payments specified. How to file back tax The amounts paid under the annuity are not dependent on the income derived from the property transferred to X. How to file back tax The present value of this annuity is $81,156, determined from IRS valuation tables. How to file back tax Since the value of the annuity is less than 90 percent of A's $100,000 equity in the property transferred and the annuity meets all the other requirements just discussed, the obligation to make annuity payments is not acquisition indebtedness. How to file back tax Securities loans. How to file back tax   Acquisition indebtedness does not include an obligation of the exempt organization to return collateral security provided by the borrower of the exempt organization's securities under a securities loan agreement (discussed under Exclusions earlier in this chapter). How to file back tax This transaction is not treated as the borrowing by the exempt organization of the collateral furnished by the borrower (usually a broker) of the securities. How to file back tax   However, if the exempt organization incurred debt to buy the loaned securities, any income from the securities (including income from