Instructions for Schedule C (Form 990 or 990-EZ)

Transcription

1 2011 Instructions for Schedule C (Form 990 or 990-EZ) Political Campaign and Lobbying Activities Department of the Treasury Internal Revenue Service Section references are to the Internal Revenue Code unless otherwise noted. General Instructions Note. Terms in bold are defined in the Glossary of the instructions for Form 990. Purpose of Schedule Schedule C (Form 990 or 990-EZ) is used by: Section 501(c) organizations, and Section 527 organizations. These organizations must use Schedule C (Form 990 or 990-EZ) to furnish additional information on political campaign activities or lobbying activities, as those terms are defined below for the various parts of this schedule. Who Must File An organization that answered Yes on Form 990, Part IV, Checklist of Required Schedules, line 3, 4, or 5, must complete the appropriate parts of Schedule C (Form 990 or 990-EZ) and attach Schedule C to Form 990. An organization that answered Yes on Form 990-EZ, Part V, line 46 or Part VI, line 47, must complete the appropriate parts of Schedule C (Form 990 or 990-EZ) and A section 501(c) organization other See Revenue Ruling , than section 501(c)(3) must complete TIP I.R.B. 1421, for Parts I-A and I-C. Do not complete Part guidelines on the scope of the tax I-B. law prohibition of campaign activities by A section 527 organization that files the section 501(c)(3) organizations. Form 990 or Form 990-EZ must complete Section 527 exempt function Part I-A. Do not complete Parts I-B and activities. Section 527 exempt function I-C. activities include all functions that Part II. Lobbying activities. Part II is influence or attempt to influence the completed only by section 501(c)(3) selection, nomination, election, or organizations. If the organization appointment of any individual to any answered Yes to Form 990, Part IV, line federal, state, or local public office or 4, or Form 990-EZ, Part VI, line 47, then office in a political organization, or the complete the specific parts as follows. election of Presidential or A section 501(c)(3) organization that Vice-Presidential electors, whether or not elected to be subject to the lobbying such individual or electors are selected, expenditure limitations of section 501(h) nominated, elected, or appointed. by filing Form 5768 and for which the Political expenditures. Any election was valid and in effect for its tax expenditures made for political year beginning in the year 2010, must campaign activities are political complete Part II-A. Do not complete Part expenditures. An expenditure includes a II-B. payment, distribution, loan, advance, A section 501(c)(3) organization that deposit, or gift of money, or anything of has not elected to be subject to the value. It also includes a contract, promise, lobbying expenditure limitations of section or agreement to make an expenditure, 501(h) (or has revoked such election by whether or not legally enforceable. filing Form 5768 for which the revocation Specific legislation. Specific was valid and in effect for its tax year legislation includes (1) legislation that beginning in the year 2010) must has already been introduced in a complete Part II-B. Do not complete Part legislative body and (2) specific legislative II-A. proposals that an organization either Part III. Section 6033(e) notice and supports or opposes. attach Schedule C to Form 990-EZ. An reporting requirements and proxy tax. Definitions (Part II-A) organization that answered Yes to Form Part III is completed by section 501(c)(4), 990-EZ, Part V, line 35c, because it is Definitions in this section are applicable section 501(c)(5), and section 501(c)(6) subject to the section 6033(e) notice and only to Part II-A. organizations that received membership reporting requirements and proxy tax, dues, assessments, or similar amounts as Expenditure test. Under the must complete Part III of Schedule C defined in Rev. Proc , section 5.01, expenditure test, there are limits both (Form 990 or 990-EZ) and attach and I.R.B. 30 as adjusted by Rev. upon the amount of the organization s Schedule C to Form 990-EZ. Proc , section 3.32, grassroots lobbying expenditures and If an organization has an ownership I.R.B. 663 and that answered Yes to upon the total amount of its direct interest in a joint venture that conducts Form 990, Part IV, line 5 or Yes to Form lobbying and grassroots lobbying political campaign activities or 990-EZ, line 35c, regarding the proxy tax. expenditures. If the electing public charity lobbying activities, the organization does not meet this expenditure test, it will must report its share of such activity If an organization is not required to file owe a section 4911 excise tax on its occurring in its tax year on Schedule C Form 990 or Form 990-EZ but chooses to excess lobbying expenditures. Moreover, (Form 990 or 990-EZ). See Instructions do so, it must file a complete return and if over a 4-year averaging period the for Form 990, Appendix F, Disregarded provide all of the information requested, organization s average annual total Entities and Joint Ventures. including the required schedules. lobbying or grassroots lobbying expenditures are more than 150% of its Part I. Political campaign activities. Definitions dollar limits, the organization will lose its Part I is completed by section 501(c) exempt status. organizations and section 527 Definitions in this section are applicable organizations that file the Form 990 (and throughout this schedule, except where Exempt purpose expenditures. In Form 990-EZ). If the organization noted. The following terms are defined in general, an exempt purpose expenditure answered Yes to Form 990, Part V, line the Glossary. is paid or incurred by an electing public 3a, or Form 990-EZ, Part V, line 46, then Joint venture. charity to accomplish the organization s complete the specific parts as follows. Legislation. exempt purpose. A section 501(c)(3) organization must Lobbying activities. Exempt purpose expenditures include: complete Parts I-A and I-B. Do not Political campaign activities. 1. The total amount paid or incurred complete Part I-C. Tax year. for religious, charitable, scientific, literary, Dec 22, 2011 Cat. No L

2 or educational purposes, or for the expenditures). A grassroots lobbying more leniently than are communications prevention of cruelty to children or communication is any attempt to influence to nonmembers. Expenditures for a animals, or to foster national or any legislation through an attempt to communication that refers to, and reflects international amateur sports competition affect the opinions of the general public or a view on, specific legislation are not (not including providing athletic facilities any part of the general public. lobbying expenditures if the or equipment, other than by qualified A communication is generally not a communication satisfies the following amateur sports organizations described in grassroots lobbying communication requirements. section 501(j)(2)); unless (in addition to referring to specific 1. The communication is directed only 2. The allocable portion of legislation and reflecting a view on that to members of the organization. administrative expenses paid or incurred legislation) it encourages recipients to 2. The specific legislation the for the above purposes; take action about the specific legislation. communication refers to, and reflects a 3. Amounts paid or incurred to try to view on, is of direct interest to the influence legislation, whether or not for A communication encourages a organization and its members. the purposes described in 1 above; recipient to take action when it: 3. The communication does not 4. Allowance for depreciation or 1. States that the recipient should directly encourage the member to engage amortization; and contact legislators; in direct lobbying (whether individually or 5. Fundraising expenditures, except 2. States a legislator s address, phone through the organization). that exempt purpose expenditures do not number, or similar information; 4. The communication does not include amounts paid to or incurred for 3. Provides a petition, tear-off directly encourage the member to engage either the organization s separate postcard, or similar material for the in grassroots lobbying (whether fundraising unit or other organizations, if recipient to send to a legislator; or individually or through the organization). the amounts are primarily for fundraising. 4. Specifically identifies one or more legislators who: Expenditures for a communication See Regulations section (c) a. Will vote on legislation; directed only to members that refers to, for a discussion of excluded expenditures. b. Opposes the communication s view and reflects a view on, specific legislation Lobbying expenditures. Lobbying on the legislation; and that satisfies the requirements of expenditures are expenditures (including c. Is undecided about the legislation; items (1), (2), and (4), above (under allocable overhead and administrative d. Is the recipient s representative in Grassroots lobbying communications), costs) paid or incurred for the purpose of the legislature; or but does not satisfy the requirements of attempting to influence legislation: e. Is a member of the legislative item (3), are treated as expenditures for Through communication with any committee that will consider the direct lobbying. member or employee of a legislative or legislation. Expenditures for a communication similar body, or with any government directed only to members that refers to, official or employee who may participate A communication described in item 4 and reflects a view on, specific legislation in the formulation of the legislation, and above generally is grassroots lobbying and satisfies the requirements of items (1) By attempting to affect the opinions of only if, in addition to referring to and and (2) above, but does not satisfy the the general public. reflecting a view on specific legislation, it requirements of item (4), are treated as is a communication that cannot meet the To determine if an organization has grassroots expenditures, whether or not full and fair exposition test as nonpartisan spent excessive amounts on lobbying, the the communication satisfies the analysis, study, or research. organization must know which requirements of item (3). See Regulations expenditures are lobbying expenditures Exceptions to lobbying. In general, section for details. and which are not lobbying expenditures. engaging in nonpartisan analysis, study, There are special rules regarding An electing public charity s lobbying or research and making its results certain paid mass media advertisements expenditures for a year are the sum of its available to the general public or segment about highly publicized legislation; expenditures during that year for direct of members thereof, or to governmental allocation of mixed purpose expenditures; lobbying communications (direct lobbying bodies, officials, or employees is not certain transfers treated as lobbying expenditures) plus grassroots lobbying considered either a direct lobbying expenditures; and special rules regarding communications (grassroots lobbying communication or a grassroots lobbying lobbying on referenda, ballot initiatives, expenditures). communication. Nonpartisan analysis, and similar procedures. See Regulations Direct lobbying communications study, or research may advocate a sections and (direct lobbying expenditures). A particular position or viewpoint as long as there is a sufficiently full and fair Affiliated groups. Members of an direct lobbying communication is any exposition of the pertinent facts to enable affiliated group are treated as a single attempt to influence any legislation the public or an individual to form an organization to measure lobbying through communication with: independent opinion or conclusion. expenditures. Two organizations are A member or employee of a legislative affiliated if one is bound by the other or similar body; A communication that responds to a organization s decisions on legislative A government official or employee governmental body s or committee s issues (control) or if enough (other than a member or employee of a written request for technical advice is not representatives of one belong to the other legislative body) who may participate in a direct lobbying communication. organization s governing board to cause the formulation of the legislation, but only A communication is not a direct or prevent action on legislative issues if the principal purpose of the lobbying communication if the (interlocking directorate). If the communication is to influence legislation; communication is an appearance before, organization is not sure whether its group or or communication with, any legislative is affiliated, it may ask the IRS for a ruling The public in a referendum, initiative, body concerning action by that body that letter. There is a fee for this ruling. For constitutional amendment, or similar might affect the organization s existence, information on requesting rulings, see procedure. its powers and duties, its tax-exempt Rev. Proc , I.R.B. 123 (or A communication with a legislator or status, or the deductibility of contributions latest annual update). government official will be treated as a to the organization, as opposed to Members of an affiliated group direct lobbying communication if, but only affecting merely the scope of the measure both lobbying expenditures and if, the communication: organization s future activities. permitted lobbying expenditures on the Refers to specific legislation, and Communication with members. For basis of the affiliated group s tax year. If Reflects a view on such legislation. purposes of section 4911, expenditures all members of the affiliated group have Grassroots lobbying for certain communications between an the same tax year, that year is the tax communications (grassroots lobbying organization and its members are treated year of the affiliated group. However, if -2-

3 the affiliated group s members have amounts paid or incurred for the planning Line 2. Enter the amount of taxes different tax years, the tax year of the of legislative activities). incurred by the organization managers affiliated group is the calendar year, under section 4955, unless abated. If no unless all the members of the group elect In-house expenditures do not tax was incurred, enter -0-. otherwise. See Regulations section include: Any payments to other Line 3. If the filing organization reported (e)(3). taxpayers engaged in lobbying or political a section 4955 tax on a Form 4720, Limited control. Two organizations activities as a trade or business or any Return of Certain Excise Taxes Under that are affiliated because their governing dues paid to another organization that are Chapters 41 and 42 of the Internal instruments provide that the decisions of allocable to lobbying or political activities. Revenue Code, for the tax year, answer one will control the other only on national Yes. legislation are subject to the following Line 4. Describe in Part IV the steps provisions. Specific Instructions taken by the organization to correct the The controlling organization is charged activity that subjected it to the section with its own lobbying expenditures and 4955 tax. Correction of a political the national legislation expenditures of Part I-A. Political Activity expenditure means recovering the the affiliated organizations, of Exempt Organizations expenditure to the extent possible and The controlling organization is not establishing safeguards to prevent future charged with other lobbying expenditures Note. Section 501(c) organizations other political expenditures. Recovery of the (or other exempt-purpose expenditures) than those exempt under section expenditure means recovering part or all of the affiliated organizations, and 501(c)(3) may establish section 527(f)(3) of the expenditure to the extent possible, Each local organization is treated as separate segregated funds to engage in and, where full recovery cannot be though it were not a member of an political activity. Separate segregated accomplished, by any additional affiliated group. For example, the local funds are subject to their own filing corrective action that is necessary. (The organization should account for its own requirements. A section 501(c) organization that made the political expenditures only and not for any of the organization that engages a separate expenditure is not under any obligation to national legislation expenditures deemed segregated fund to conduct political attempt to recover the expenditure by as incurred by the controlling activity should report transfers to the fund legal action if the action would in all organization. in Parts I-A and I-C. The separate probability not result in the satisfaction of segregated fund should report specific Definitions (Part III) execution on a judgment.) activities on its own Form 990 if the fund Definitions in this section are applicable is required to file. Part I-C. Section 527 only to Part III. Line 1. Section 501(c) organizations Lobbying and political should provide a detailed description of Exempt Function Activity expenditures. For purposes of this their direct and indirect political of Section 501(c) section only, lobbying and political campaign activities in Part IV. If the expenditures do not include direct section 501(c) organization collects Organizations Other Than lobbying expenditures made to influence political contributions or member dues Section 501(c)(3) local legislation. Nor does it include any earmarked for a separate segregated political campaign expenditures for which Note. Section 501(c) organizations that fund, and promptly and directly transfers the tax under section 527(f) was paid (see collect political contributions or member them to that fund as prescribed in Part I-C). They do include any dues earmarked for a separate Regulations section (e), do not expenditures for communications with a segregated fund, and promptly and report them here. Such amounts should covered executive branch official in an directly transfer them to that fund as be reported in Part I-C, line 5e. attempt to influence the official actions or prescribed in Regulations section positions of that official. Section 527 organizations should (e), do not report them on lines 1 provide a detailed description of their or 2. Such amounts are reported on line Covered executive branch official. exempt function activities in Part IV. 5e. Covered executive branch officials include the President, Vice-President, Line 2. Enter the total amount that the Line 1. Enter the amount of the officers and employees of the Executive filing organization has spent conducting organization s funds that it expended for Office of the President, the two senior the activities described on line 1. section 527 exempt function activities. level officers of each of the other See Regulations section (b). Line 3. If the organization used agencies in the Executive Office, volunteer labor for its political campaign Line 2. Enter the amount of the individuals in level I positions of the activities or section 527 exempt function organization s funds that it transferred to Executive Schedule and their immediate activities, provide the total number of other organizations, including a separate deputies, and individuals designated as hours. Any reasonable method may be segregated section 527(f)(3) fund created having Cabinet level status and their used to estimate this amount. by the organization, for section 527 immediate deputies. exempt function activity. Direct contact lobbying. This means Part I-B. Section 501(c)(3) Line 3. Total exempt function a: expenditures. Add lines 1 and 2 and enter 1. Meeting, Organizations on line 3 and on Form 1120-POL, line 17b. 2. Telephone conversation, Disclosure of Excise Taxes 3. Letter, or Line 4. If the filing organization reported Imposed Under Section taxable political expenditures on Form 4. Similar means of communication that is with a: 1120-POL for this year, answer Yes a. Legislator (other than a local Line 5. In columns (a), (b), and (c), enter legislator), or Section 501(c)(3) organizations must the name, address and employer b. Covered executive branch official disclose any excise tax incurred during identification number (EIN) of each and that is an attempt to influence the the year under section 4955 (political section 527 political organization to which official actions or positions of that official. expenditures), unless abated. See payments were made. In column (d), sections 4962 and 6033(b). enter the amount paid from the filing In-house expenditures include: Line 1. Enter the amount of taxes organization s funds. In column (e), enter 1. Salaries, and incurred by the organization itself under the amount of political contributions 2. Other expenses of the section 4955, unless abated. If no tax was received and promptly and directly organization s officials and staff (including incurred, enter -0-. delivered to a separate political -3-

4 organization, such as a separate Line 1c. Add lines 1a and 1b. election has been in effect, entering the segregated fund or a political action Line 1d. Enter all other amounts totals for those years in column (e). The committee (PAC). If additional space is (excluding lobbying) the organization organization must determine, for those 2 needed, enter information in Part IV. expended to accomplish its exempt or 3 years, whether the amount entered in purpose. column (e), line 2c, is equal to or less than the lobbying ceiling amount reported Part II-A. Lobbying Activity Line 1e. Add lines 1c and 1d. This is on line 2b, and whether the amount Only section 501(c)(3) organizations that the organization s total exempt purpose entered in column (e), line 2f, is equal to have filed Form 5768 (election under expenditures. section 501(h)) complete this section. or less than the grassroots ceiling amount Lines 1h and 1i. If there are no calculated on line 2e. The organization Part II-A provides a reporting format excess lobbying expenditures on either does not satisfy both tests if either its total for any section 501(c)(3) organization for line 1h or 1i of column (b), treat each lobbying expenditures or grassroots which the 501(h) lobbying expenditure electing member of the affiliated group as lobbying expenditures exceed applicable election was valid and in effect during the having no excess lobbying expenditures. ceiling amounts. When that occurs, all 2011 tax year, whether or not the However, if there are excess lobbying five columns must be completed and a organization engaged in lobbying expenditures on either line 1h or 1i of re-computation made, unless exception 1 activities during that tax year. A public column (b), treat each electing member or 2 above applies. If the organization is charity that makes a valid section 501(h) as having excess lobbying expenditures. not required to complete all five columns, election may spend up to a certain In such case, each electing member must provide a statement explaining why in percentage of its exempt purpose file Form 4720, and must pay the tax on Part IV. In the statement, show the ending expenditures to influence legislation its proportionate share of the affiliated date of the tax year in which the without incurring tax or losing its tax group s excess lobbying expenditures. organization made its first section 501(h) exempt status. Enter the proportionate share in column election and state whether or not that first Affiliated groups. If the filing (a) on line 1h or line 1i, or on both lines. election was revoked before the start of organization belongs to an affiliated In Part IV, provide the affiliated group list the organization s tax year that began in group, check Part II-A, box A and described above. Show what amounts complete lines 1a through 1i. apply to each group member. To find a Complete column (a) for the electing member s proportionate share, see Note. If the organization belongs to an member of the group. Regulations section (d). affiliated group, enter the appropriate Complete column (b) for the affiliated Line 1j. If the filing organization affiliated group totals from column (b), group as a whole. reported section 4911 tax on Form 4720 lines 1a through 1i, when completing lines for this year, answer Yes. 2a, 2c, 2d, and 2f. If the filing organization checked box A and the limited control provisions apply to Line 2. Line 2 is used to determine if the Line 2a. For 2008, 2009, 2010, and the organizations in the affiliated group, organization exceeded lobbying 2011, enter the amount from Schedule C each member of the affiliated group expenditure limits during the 4-year (Form 990 or 990-EZ), Part II-A, line 1f, should check box B and complete column averaging period. filed for each year. (a) only. Any organization for which a lobbying Line 2c. For 2008, 2009, 2010, and If the filing organization does not check expenditure election under section 501(h) 2011, enter the amount from Schedule C box A, do not check box B. was in effect for its tax year beginning in (Form 990 or 990-EZ), Part II-A, line 1c, Affiliated group list. Provide in Part 2011 must complete columns (a) through for each year. IV a list showing each affiliated group (e) of lines 2a through 2f except in the Line 2d. For 2008, 2009, 2010, and member s name, address, EIN, and following situations. 2011, enter the amount from Schedule C expenses. Show which members made 1. An organization first treated as a (Form 990 or 990-EZ), Part II-A, line 1g, the election under section 501(h) and section 501(c)(3) organization in its tax for each year. which did not. year beginning in 2011 does not have to Line 2f. For 2008, 2009, 2010, and Include each electing member s share complete any part of lines 2a through 2f. 2011, enter the amount from Schedule C of the excess lobbying expenditures on 2. An organization does not have to (Form 990 or 990-EZ), Part II-A, line 1a, the list. complete lines 2a through 2f for any for each year. period before it is first treated as a section Nonelecting members do not owe tax, 501(c)(3) organization. Enter the total for each line in column but remain subject to the general rule, 3. If 2011 is the first year for which an (e). which provides that no substantial part of organization s section 501(h) election is their activities may consist of carrying on effective, that organization must complete Part II-B. Lobbying Activity propaganda or otherwise trying to line 2a, columns (d) and (e). The Only section 501(c)(3) organizations that influence legislation. organization must then complete all of have not filed Form 5768 (election under Lines 1a through 1i. Complete lines 1a column (e) to determine whether the section 501(h)) or have revoked a through 1i in column (a) for any amount on line 2c, column (e), is equal to previous election can complete this organization required to complete Part or less than the lobbying ceiling amount section. II-A, but complete column (b) only for calculated on line 2b and whether the affiliated groups. amount on line 2f is equal to or less than Part II-B provides a reporting format the grassroots ceiling amount calculated for any section 501(c)(3) organization that Lines 1a through 1i are used to on line 2e. The organization does not engaged in lobbying activities during determine whether any of the satisfy both tests if either its total lobbying the 2011 tax year but did not make a organization s current year lobbying expenditures or grassroots lobbying section 501(h) lobbying expenditure expenditures are subject to tax under expenditures exceed the applicable election for that year by filing Form section File Form 4720 if the ceiling amounts. When this occurs, all five The distinction in Part II-A between direct organization needs to report and pay the columns must be completed and a and grassroots lobbying activities by excise tax. re-computation made unless exception 1 organizations that made the section Line 1a. Enter the amount the or 2 above applies. 501(h) election does not apply to organization expended for grassroots 4. If 2011 is the second or third tax organizations that complete Part II-B. lobbying communications. year for which the organization s first Nonelecting section 501(c)(3) Line 1b. Enter the amount the section 501(h) election is in effect, that organizations must complete both organization expended for direct lobbying organization is required to complete only columns (a) and (b) of Part II-B to show communications. the columns for the years in which the lobbying expenditures paid or incurred. -4-

5 Part III. Section 6033(e) Note. A nonelecting organization will 6. Any organization that keeps generally be regarded as engaging in records to substantiate that 90% or more lobbying activity if organization either Notice and Reporting of its members cannot deduct their dues contacts, or urges the public to contact, Requirements and Proxy (or similar amounts) as business members of a legislative body for the expenses whether or not any part of their purpose of proposing, supporting, or Tax dues are used for lobbying purposes. opposing legislation or the government s Only certain organizations that are 7. Any organization that is not a budget process; or advocates the tax-exempt under: membership organization. adoption or rejection of legislation. Section 501(c)(4) (social welfare organizations), Special rules treat affiliated social Organizations should answer Yes or Section 501(c)(5) (agricultural and! welfare organizations, agricultural No in column (a) to questions 1a CAUTION horticultural organizations), or and horticultural organizations, through 1i and provide in Part IV a Section 501(c)(6) (business leagues), and business leagues as parts of a single detailed description of any activities the are subject to the section 6033(e) notice organization for purposes of meeting the organization engaged in (through its and reporting requirements, and to a nondeductible dues exception. See Rev. employees or volunteers) to influence potential proxy tax. These organizations Proc , section 5.03, C.B. legislation. The description should include must report their total lobbying expenses, 547. all lobbying activities, whether expenses political expenses, and membership dues, were incurred or not. Examples of such Line 2. Answer Yes for line 2 if the or similar amounts. lobbying activities include: organization satisfies the following criteria Sending letters or publications to Section 6033(e) requires certain of the $2,000 in-house lobbying government officials or legislators, section 501(c)(4), (5), and (6) exception. Meeting with or calling government organizations to tell their members what 1. The organization did not make any officials or legislators, portion of their membership dues were political expenditures or foreign lobbying Sending or distributing letters or allocable to the political or lobbying expenditures during the 2011 reporting publications (including newsletters, activities of the organization. If an year. brochures, etc.) to members or to the organization does not give its members 2. The organization made lobbying general public, or this information, then the organization is expenditures during the 2011 reporting Using direct mail, placing subject to a proxy tax. This tax is reported year consisting only of in-house direct advertisements, issuing press releases, on Form 990-T. lobbying expenditures totaling $2,000 or holding news conferences, or holding less, but excluding: rallies or demonstrations. Part III-A a. Any allocable overhead expenses, and For lines 1c through 1i, enter in column Line 1. Answer Yes if any of the b. All direct lobbying expenses of any (b) the lobbying expenditures paid or following exemptions from the reporting local council regarding legislation of direct incurred. Enter total expenditures on and notice requirements apply. By doing interest to the organization or its column (b), line 1j. so, the organization is declaring that members. substantially all of its membership dues Line 1f. Grants to other organizations were nondeductible. If the organization s in-house direct are amounts from the organization s 1. Local associations of employees lobbying expenditures during the 2011 funds given to another organization for and veterans organizations described in reporting year were $2,000 or less, but the purpose of assisting the other section 501(c)(4), but not section the organization also paid or incurred organization conducting lobbying 501(c)(4) social welfare organizations. other lobbying or political expenditures activities. 2. Labor unions and other labor during the 2011 reporting year, it should organizations described in section answer No to question 2. If the Line 1g. Direct contact is a personal 501(c)(5), but not section 501(c)(5) organization is required to complete Part telephone call or visit with legislators, agricultural and horticultural III-B, the $2,000 or less of in-house direct their staffs, or government officials. organizations. lobbying expenditures should not be 3. Section 501(c)(4), section included in the total of Part III-B, line 2a. Line 1h. Rallies, demonstrations, 501(c)(5), and section 501(c)(6) seminars, conventions, speeches, and Line 3. Answer Yes for line 3 if the organizations that receive more than 90% lectures are examples of public forums organization on its prior year report of their dues from: conducted directly by the organization or agreed to carryover an amount to be a. Organizations exempt from tax paid for out of the organization s funds. included in the current year s reasonable under section 501(a), other than section estimate of lobbying and political Line 1i. Answer Yes if the organization 501(c)(4), section 501(c)(5), and section expenses. engaged in any other activities to 501(c)(6) organizations, b. State or local governments, Complete Part III-B only if the influence legislation. c. Entities whose income is exempt organization answered No to both line 1 Line 2a. Answer Yes if a section from tax under section 115, or and line 2 or if the organization answered 501(c)(3) organization ceased to be d. Organizations described in 1 or 2, Yes to line 3. described as a section 501(c)(3) above. organization because the amount on line 4. Section 501(c)(4) and section Part III-B. Dues Notices, 1j was substantial. 501(c)(5) organizations that receive more Reporting Requirements, than 90% of their annual dues from: Line 2b. Enter the amount of taxes, if and Proxy Tax a. Persons, any, imposed on the organization itself b. Families, or under section 4912, unless abated. Dues notices. An organization that c. Entities, checked No for both Part III-A, lines 1 Line 2c. Enter the amount of taxes, if who each paid annual dues of $103 or and 2, and is thus responsible for any, imposed on the organization less in 2011 (adjusted annually for completing Part III-B, must send dues managers under section 4912, unless inflation). See Rev. Proc , notices to its members at the time of abated. section assessment or payment of dues, unless 5. Any organization that receives a the organization chooses to pay the proxy Line 2d. If the filing organization private letter ruling from the IRS stating tax instead of informing its members of reported a section 4912 tax on a Form that the organization satisfies the section the nondeductible portion of its dues for this year, answer Yes. 6033(e)(3) exception. These dues notices must reasonably -5-

6 estimate the dues allocable to the nondeductible lobbying and political Proxy Tax expenditures reported in Part III-B, line IF... THEN... significant judgment about lobbying activities. 2a. An organization that checked Yes Special Rules for Part III-A, line 3, and thus is required The organization s The organization is to complete Part III-B, must send dues actual lobbying and liable for a proxy tax Ratio and gross-up methods. These notices to its members at the time of political expenses are on the excess. methods: assessment or payment of dues and more than it May be used even if volunteers estimated in its dues include the amount it agreed to carryover conduct activities, and notices, in its reasonable estimate of the dues May disregard labor hours and costs of allocable to the nondeductible lobbying clerical or support personnel (other than The organization: All the members and political expenditures reported in Part (a) Elects to pay the dues remain eligible lobbying personnel) under the ratio III-B, line 2a. proxy tax, and for a section 162 method. (b) Chooses not to trade or business Alternative gross-up method. This Dues, Lobbying, and Political Expenses give its members a expense deduction. method may disregard: notice allocating dues Labor hours, and IF... THEN... to lobbying and Costs of clerical or support personnel political campaign The organization s The organization (other than lobbying personnel). activities, lobbying and political must: (a) Allocate all Third-party costs. These are: expenses are more membership dues to The organization: The IRS may permit a Payments to outside parties for than its membership its lobbying and (a) Makes a waiver of the proxy conducting lobbying activities, dues for the year, political activities, and reasonable estimate tax. Dues paid to another membership (b) Carry forward any of dues allocable to organization that were declared to be excess lobbying and nondeductible nondeductible lobbying expenses, and political expenses to lobbying and political Travel and entertainment costs for the next tax year. activities, and lobbying activity. (b) Agrees to adjust The organization: The organization its estimate in the Direct contact lobbying. Treat all hours (a) Had only de need not disclose to following year*. spent by a person in connection with minimis in-house its membership the direct contact lobbying as labor hours expenses ($2,000 or allocation of dues, *A facts and circumstances test determines allocable to lobbying activities. less) and no other etc., to its lobbying whether or not a reasonable estimate was made in nondeductible and political activities. good faith. Do not treat as direct contact lobbying lobbying or political the hours spent by a person who engages expenses (including in research and other background Allocation of costs to lobbying any amount it agreed activities related to direct contact activities and influencing legislation. to carryover); or lobbying, but who makes no direct contact (b) Paid a proxy tax, An organization that is subject to the with a legislator, or covered executive instead of notifying its lobbying disclosure rules of section branch official. members on the 6033(e) must use a reasonable allocation method to determine total costs of its De minimis rule. If less than 5% of a allocation of dues to direct lobbying activities; that is, costs to person s time is spent on lobbying lobbying and political influence: activities, and there is no direct contact expenses; or (c) Established that Legislation, and lobbying, an organization may treat that substantially all of its The actions of a covered executive person s time spent on lobbying activities membership dues, branch official through direct as zero. etc., are not communication (for example, President, Purpose for engaging in an activity. deductible by Vice-President, or cabinet-level officials, The purpose for engaging in an activity is members. and their immediate deputies) (section based on all the facts and circumstances. 162(e)(1)(A) and section 162(e)(1)(D)). If an organization s lobbying Members of the organization cannot Reasonable methods of allocating communication was for both a lobbying take a trade or business expense costs to direct lobbying activities include, and a non-lobbying purpose, the deduction on their tax returns for the but are not limited to: organization must make a reasonable portion of their dues, etc., allocable to the The ratio method, allocation of cost to influence legislation. organization s lobbying and political The gross-up and alternative gross-up Correction of prior year lobbying activities. methods, and costs. If in a prior year, an organization A method applying the principles of treated costs incurred for a future section 263A. lobbying communication as a lobbying For more information, see Regulations cost to influence legislation, but after the sections and The organization filed a timely return, it special rules and definitions for these appears the lobbying communication will allocation methods are discussed under not be made under any foreseeable Special Rules, later. circumstance, the organization may apply these costs to reduce its current year s An organization that is subject to the lobbying costs, but not below zero. The lobbying disclosure rules of section organization may carry forward any 6033(e) must also determine its total amount of the costs not used to reduce its costs of: current year s lobbying costs to De minimis in-house lobbying, subsequent years. Grassroots lobbying, and Example 1. Ratio method. Political campaign activities. X Organization incurred: There are no special rules related to 1. 6,000 labor hours for all activities, determining these costs. 2. 3,000 labor hours for lobbying All methods. For all the allocation activities (3 employees), methods, include labor hours and costs of 3. $300,000 for operational costs, and personnel whose activities involve 4. No third-party lobbying costs. -6-

7 X Organization allocated its lobbying 2. Assessments to cover basic lobbying and political expenditure next costs as follows: operating costs, and year and include the amount in Part III-B, 3. Special assessments to conduct line 2b (carryover lobbying and political Allocable Costs Lobbying Total third- allocable to lobbying and political activities. expenses), or its equivalent, on the 2012 labor costs of party lobbying Schedule C (Form 990 or 990-EZ). Line 2. Include on line 2a the total hrs. operations costs activities amount of expenses paid or incurred If the organization did not send notices during the 2011 reporting year in to its members, enter -0- on line 4. 3,000 $300,000 + $ -0- = $150,000 connection with: Line 5. The taxable amount reportable 6, Influencing legislation; on line 5 is the amount of dues, Total 2. Participating or intervening in any assessments, and similar amounts labor political campaign on behalf of (or in received: hrs. opposition to) any candidate for any 1. Allocable to the 2011 reporting public office; year, and Example 2. Gross-up method and 3. Attempting to influence any 2. Attributable to lobbying and political alternative gross-up method. segment of the general public with expenditures that the organization did not A and B are employees of Y respect to elections, legislative matters, or timely notify its members were Organization. nondeductible. referendums; and 1. A s activities involve significant 4. Communicating directly with a judgment about lobbying activities. covered executive branch official in an Report the tax on Form 990-T. If the amount on line 1 (dues, assessments, and similar amounts) is $50,000. greater than the amount on line 2c (total 3. B performs clerical and support Do not include: lobbying and political expenditures), then activities for A. 1. Any direct lobbying of any local subtract the nondeductible dues shown in 4. B s labor costs (excluding council or similar governing body with notices (line 3) and the carryover amount employee benefits) in support of A s respect to legislation of direct interest to (line 4) from the total lobbying and activities are $15,000. the organization or its members; political expenditures (line 2c) to 5. Allocable third-party costs are 2. In-house direct lobbying determine the taxable amount of lobbying $100,000. expenditures, if the total of such and political expenditures (line 5). expenditures is $2,000 or less (excluding If Y Organization uses the gross-up If the amount on line 1 (dues, allocable overhead); or method to allocate its lobbying costs, it assessments, and similar amounts) is 3. Political expenditures for which the multiplies 175% times its basic labor less than the amount on line 2c (total section 527(f) tax has been paid (on Form costs (excluding employee benefits) for all lobbying and political expenditures), then 1120-POL). of the lobbying of its personnel and adds subtract the nondeductible dues shown in its allocable third-party lobbying costs as Reduce the current year s lobbying notices (line 3) and the carryover amount follows: expenditures, but not below zero, by (line 4) from dues, assessments, and costs previously allocated in a prior year similar amounts (line 1) to determine the Costs to lobbying activities that were taxable lobbying and political allocable expenditures (line 5). Basic lobbying Allocable to cancelled after a return reporting those labor costs of A third-party lobbying costs was filed. Subtract dues, assessments, and + B costs activities Carryforward any amounts not used as similar amounts (line 1) from lobbying and a reduction to subsequent years. political expenditures (line 2c) to (175% determine the excess amount to be + $100,000 = $213,750 Include the following on line 2b. $65,000) carried over to the following tax year and 1. Lobbying and political expenditures reported on Part III-B, line 2b (carryover If Y Organization uses the alternative carried over from the preceding tax year. lobbying and political expenditures), or its gross-up method to allocate its lobbying 2. An amount equal to the taxable equivalent, on the next year Schedule C costs, it multiplies 225% times its basic lobbying and political expenditures (Form 990 or 990-EZ) along with the labor costs (excluding employee benefits) reported on Part III-B, line 5 for the amounts the organization agreed to for all of the lobbying hours of its lobbying preceding tax year, if the organization carryover on line 4. personnel and adds its third-party received a waiver of the proxy tax Underreporting of lobbying expenses. lobbying costs as follows: imposed on that amount. An organization is subject to the proxy tax 2. A s basic lobbying labor costs (excluding employee benefits) are attempt to influence the official actions or positions of such official. Costs Line 3. Enter the total amount of dues, for the 2011 reporting year for Basic lobbying Allocable allocable to assessments, and similar amounts underreported lobbying and political labor costs third-party lobbying received, for which members were timely expenses only to the extent that these of A costs activities notified of the nondeductibility under expenses (if actually reported) would (225% section 162(e) that were allocable to the have resulted in a proxy tax liability for + $100,000 = $212,500 $50,000) 2011 reporting year. that year. A waiver of proxy tax for the tax year only applies to reported Section 263A cost allocation method. Example. expenditures. The examples that demonstrate this Membership dues: $100,000 for the 2011 reporting year, An organization that underreports its method are found in Regulations section Organization s timely notices to lobbying and political expenses is also (f). members: 25% of membership dues subject to the section 6652(c) daily Part III-B, Line 1. Enter the total dues, nondeductible, and penalty for filing an incomplete or assessments, and similar amounts Line 3 entry: $25,000. inaccurate return. See Instructions for allocable to the 2011 reporting year. Dues Form 990 General Instructions H. are the amounts the organization requires Line 4. If the amount on line 2c exceeds Failure-to-File Penalties, and Instructions a member to pay in order to be the amount on line 3 and the organization for Form 990-EZ General Instructions G. recognized as a member. sent dues notices to its members at the Failure-to-File Penalties. time of assessment or payment of dues, Payments that are similar to dues include the amount on line 4 that the Examples. Organizations A, B, and C: include: organization agrees to carryover to the 1. Reported on the calendar year 1. Members voluntary payments, reasonable estimate of nondeductible basis, -7-

8 2. Incurred only grassroots lobbying were less than lobbying expenses for Workpapers (for 2011 Form 990) expenses (did not qualify for the under Organization C $2,000 in-house lobbying exception (de Workpapers (for 2011 Form 990) minimis rule)), and Organization B 1. Total dues, assessments, 3. Allocated dues to the tax year in etc., received $800 which they were received. 1. Total dues, assessments, 2. Lobbying expenses paid or etc., received $400 incurred $600 Organization A. Dues, assessments, 2. Lobbying expenses paid or 3. Less: Total nondeductible and similar amounts received in 2011 incurred $600 amount of dues notices were greater than its lobbying expenses 3. Less: Total nondeductible 4. Less: Amount agreed to for amount of dues notices carryover Subtract line 3 from both 5. Subtract line 3 and 4 from Workpapers (for 2011 Form 990) lines 1 and 2 $300 $500 both lines 1 and 2 Organization A 5. Taxable amount of lobbying 6. Taxable amount of lobbying $600 $400 expenses (smaller of the two expenses (smaller of the two 1. Total dues, assessments, amounts on line 4) $300 amounts on line 5) etc., received $800 $ Lobbying expenses paid or The amounts on lines 1, 2, 3, and The amounts on lines 1, 2, 3, 4, incurred $600 TIP 5 of the workpapers were entered TIP and 6 of the workpapers were 3. Less: Total nondeductible on lines 1, 2c, 3, and 5 of the 2011 entered on lines 1, 2c, 3, 4, and 5 amount of dues notices Schedule C (Form 990 or 990-EZ), Part of the 2011 Schedule C (Form 990 or 4. Subtract line 3 from both III-B. 990-EZ), Part III-B. lines 1 and 2 $700 $ Taxable amount of lobbying Because dues, assessments, and See the instructions for Part III-B, line expenses (smaller of the similar amounts received were less than 5, for the treatment of the $400. two amounts on line 4) $500 lobbying expenses, excess lobbying expenses of $200 must be carried Part IV. Supplemental The amounts on lines 1, 2, 3, and forward to Part III-B, line 2b, of the 2012 TIP 5 of the workpapers were entered Information Schedule C (Form 990 or 990-EZ) on lines 1, 2c, 3, and 5 of the 2011 (excess of $600 of lobbying expenses Use Part IV to enter narrative information Schedule C (Form 990 or 990-EZ), Part over $400 dues, etc., received). The $200 required in Part I-A, line 1, Part I-B, line 4, III-B. will be included along with the other Part I-C, line 5, Part II-A, line 1 (affiliated Because dues, assessments, and lobbying and political expenses paid or group list), Part II-A, line 2, and Part II-B, similar amounts received were greater incurred in the 2012 reporting year. line 1. Also use Part IV to enter other than lobbying expenses, there is no narrative explanations and descriptions. See the instructions for Part III-B, line carryover of excess lobbying expenses to Identify the specific part and line number 5, for the treatment of the $300. Part III-B, line 2b, 2012 Schedule C (Form that the response supports, in the order in Organization C. Dues, assessments, 990 or 990-EZ). which they appear on Schedule C (Form and similar amounts received in or 990-EZ). Part IV can be duplicated See the instructions for Part III-B, line were greater than lobbying expenses for if more space is needed. 5, for the treatment of the $ and the organization agreed to Organization B. Dues, assessments, carryover a portion of its excess lobbying and similar amounts received in 2011 and political expenses to the next year. -8-