213 Tax Organizer v214.2.17 214 Clark Nuber If you have questions, please contact: Jennifer Becker Harris 425-454-4919 Kathryn Ong 425-454-4919 jharris@clarknuber.com kong@clarknuber.com Links are listed in the order to be completed as recommended by the IRS % Complete Tax Return Reference 16% Required Schedules Checklist 99, Part IV % Board Listing and Compensation 99, Part VII, Sect. A % Independent Contractors 99, Part VII, Sect. B PLEASE COMPLETE Statement of Revenue 99, Part VIII % Statement of Functional Expense 99, Part IX PLEASE COMPLETE Balance Sheet 99, Part X % Program Services 99, Part III % Tax Compliance 99, Part V % Governance 99, Part VI PLEASE REVIEW Additional Information for Support Schedule for 59(a)(1) Sch. A, Part II - Additional information % List of Contributors Sch. B OPTIONAL Reconciliation between Audited Financial Statements and Tax Return Sch. D, Parts XI-XIII and 99, Part XI % Miscellaneous Income 99, Part VIII, Line 11 % Sales of Inventory 99, Part VIII, Line 1 OPTIONAL Small Employer Health Insurance Premium Credit Form 8941 Additional Information Definitions Click here to link directly to the IRS Forms and Instructions for the 213 Form 99
Required Schedules The purpose of this sheet is to help you determine what schedules you are required to file with the Form 99. 213 Form 99 Preliminary Information 214 Clark Nuber Percent Complete 16% Year End August 1 Organization Information Name 1 Doing Business As Address 19 NE 4th Street, Bellevue, WA 984 1 Telephone 425-454-4919 1 Website www.pigfoundation.org 1 Type of Organization Corporation exempt under IRC Section 51(c)(3) 1 Year of Formation 26 1 Legal Domicile (State (within the US) or Country where organization is incorporated or controlled by law) WA 1 Principal Officer principal officer Name Jane Searing 1 Address 19 NE 4th Street, Bellevue, WA 984 1 Total number of volunteers (estimate if necessary) NOTE: Include uncompensated board volunteers Provide an explanation of how the above number was determined, the number of hours those volunteers served, and the types of services or benefits provided by the volunteers. NOTE: Description may be pre-populated (from last year's tax return). If so, please review and update for current information. Otherwise, check the box to indicate that NO CHANGES are required. Read & no changes -1 Briefly describe the organization's mission or most significant activities. NOTE: This information is shown on the first page of the Form 99. There is a 1 character limitation if you prefer to have the complete description shown on the first page of the (hard copy) Form 99. NOTE: Description may be pre-populated (from last year's tax return). If so, please review and update for current information. Otherwise, check the box to indicate that NO CHANGES are required. Read & no changes characters used & 1 characters remaining Please provide the following documents to Other CPA Firm: Sent N/A Form 123 Determination Letter Articles of Incorporation By-Laws Financial Statements (Income, Expense, Balance Sheet) E-Filing As listed in Part V How many tax returns did the organization file with the IRS? This includes income tax, employment, excise taxes, as well as each W-2 and 199s filed during the calendar year ending December 31, 213. Yes No Were your year-end (total) assets $1 million or greater? The organization is not required to e-file.
Required Schedules 214 Clark Nuber Even though not required, would you like to e-file the tax return? Provide the following information about the individual signing the tax return: Name Email address Title Schedule R Yes No Definitions Part IV - Line 33 Did the organization own 1% of a disregarded entity? disregarded entity Part IV - Line 34 Was the organization related to any tax-exempt or taxable entity? related organization Part IV - Line 35 Is the filing organization a controlling organization under section 512(b)(13)? controlling organization under section 512(b)(13) Part IV - Line 37 Did the organization conduct more than 5% of its activities (measured by total gross revenue or total assets) through an entity that is not a related organization, that is taxed as a partnership, and in which the organization was a partner or member at any time unrelated organization during the tax year? Form 99, Part X Yes No Definitions Part X, Line 12 Did the organization have any investment in a partnership or S Corporation for which it received a Schedule K-1? Form 99, Part XII Yes No N/A Definitions Part XII - Line 3a As a result of a federal award, was the organization required to undergo an audit or audits as set forth in the Single Audit Act and OMB Circular A-133? Form 99, Part VII and Schedule L Yes No Definitions Please follow this link and complete the board listing and compensation information before continuing Did the organization satisfy the "reasonable effort" standard by sending out an annual questionnaire inquiring about items related to the Form 99? Whether "Yes" or "No", please provide a brief explanation of the organization's process below. reasonable effort For all organizations: Provide a brief explanation of the organization's process in gathering the necessary information whether the organization complied or not. For organizations with related organization: In addition to the process, if the organization was unable to secure information on compensation paid by a related organization after making a reasonable effort to obtain it, describe its efforts below. Part IV - Line 25a Did the organization engage in an excess benefit transaction with a disqualified person excess benefit transaction during the year? Part IV - Line 25b Did the organization become aware that it had engaged in an excess benefit transaction disqualified person with a disqualified person from a prior year? Part IV - Line 26 Was a loan to or by a current or former officer, director, trustee, key employee, highly compensated employee, or disqualified person outstanding as of the end of the Interested Person II organization's tax year? Part IV - Line 27 Did the organization provide a grant or other assistance to a current or former officer, director, trustee, key employee, substantial contributor or employee thereof, a grant Interested Person III selection committee member, or to a 35% controlled entity or family member of any of these persons? Was the organization a party to a business transaction with one of the following parties, directly or indirectly? business transactions Part IV - Line 28a A current or former officer, director, trustee, or key employee? Part IV - Line 28b A family member of a current or former officer, director, trustee, or key employee? Part IV - Line 28c An entity (other than a tax-exempt organization or governmental unit) that was directly or indirectly owned more than 35% by one or more current or former officers, directors, trustees, key employees, or their family members? An entity (other than a tax-exempt organization or governmental unit) of which a current or former officer, director, trustee, or key employee (or a family member thereof) was an officer, director, trustee, partner, member, or shareholder (with a direct or indirect 5% ownership interest)?
Required Schedules 214 Clark Nuber Schedule C Yes No Definitions Part IV - Line 3 Did the organization engage in direct or indirect political campaign activities on behalf of political campaign or in opposition to candidates for public office? activities Part IV - Line 4 Did the organization engage in lobbying activities? lobbying activities Does the organization have a section 51(h) election in effect during the tax year? Note: A 51(h) election is made on Form 5768. Schedule D Yes No Definitions Part IV - Line 6 Part IV - Line 7 Did the organization maintain any donor advised funds or any similar funds or accounts where donors have the right to provide advice on the distribution or investment of amounts in such funds or accounts? Did the organization receive or hold a conservation easement, including easements to preserve open space, the environment, historic land areas, or historic structures? donor advised fund/similar Funds conservation easement Part IV - Line 8 Did the organization maintain collections of works of art, historical treasures, or other works of art similar assets? Part IV - Line 9 Did the organization have an escrow account liability; serve as a custodian for amounts escrow or custodial not listed on the balance sheet; or provide credit counseling, debt management, credit account repair, or debt negotiation services? Part IV - Line 1 Did the organization, directly or through a related organization, hold assets in temporarily quasi-endowment restricted, permanent, or quasi-endowments? Schedule E Yes No Definitions Part IV - Line 13 Is the organization operating a school as described in section 17(b)(1)(A)(ii)? school Schedule F Yes No Definitions Part IV - Line 14a Did the organization maintain an office, employees, or agents outside of the U.S.? Part IV - Line 14b Did the organization have aggregate revenues or expenses of more than $1, from grantmaking, fundraising, business, investments and program service activities outside the U.S. or aggregate foreign investments valued at $1, or more? NOTE: If the organization answers "yes" to Part IV, Line 15 and the total grants or other assistance to a foreign organization is greater than $1, answer "yes" to this question. Part IV - Line 15 Did the organization have more than $5, of grants or other assistance to any organization or entity located outside the U.S. or to a domestic U.S. organization for foreign organization foreign activities? Part IV - Line 16 Did the organization have more than $5, of aggregate grants or other assistance to individuals located outside the U.S. or to individuals located in the U.S. for foreign foreign individual activities? Schedule G Yes No Definitions Part IV - Line 17 Did the organization report a total of more than $15, of expenses in professional professional fundraising fundraising services during the year? services Part IV - Line 18 Did the organization have any fundraising events at any time during the year? fundraising activities Part IV - Line 19 Did the organization engage in any gaming activities at any time during the year? gaming Schedule I Yes No Definitions Part IV - Line 21 Did the organization report more than $5, of grants or other assistance to the government or organizations in the U.S.? Do not answer "yes" if the grant was to a U.S. organization for foreign activities; instead, mark "yes" to Schedule F, Part IV, Line 15 United States above. Part IV - Line 22 Did the organization report more than $5, of grants or other assistance to individuals in the U.S.? Do not answer "yes" if the grant was to a U.S. individual residing in a foreign country; instead, mark "yes" to Schedule F, Part IV, Line 16 above. Schedule K Yes No Definitions Part IV - Line 24a Did the organization have a tax-exempt bond issue with an outstanding principal amount of more than $1, as of the last day of the year, that was issued after December 31, tax-exempt bond 22? Schedule M Yes No Definitions Part IV - Line 29 Did the organization receive more than $25, in non-cash contributions? noncash contributions Part IV - Line 3 Did the organization receive contributions of art, historical treasures, or other similar qualified conservation assets, or qualified conservation contributions? contribution Schedule N Yes No Definitions Part IV - Line 31 Did the organization liquidate, terminate, or dissolve and cease operations? Part IV - Line 32 Did the organization sell, exchange, dispose of, or transfer more than 25% of its net assets? significant disposition of net assets
Part VII, Section A - Compensation of Officers, Directors, Trustees and Key Employees % Percent Complete Visible 214 Clark Nuber AUDIT AND TAX DIFFERENCES: The auditors generally request a list of board members on a given day whereas the Form 99 requires organizations to provide detailed information of officers and board members who served at anytime during the tax reporting year as well as compensation information for the calendar year. Check this box if the organization will send a separate listing of uncompensated board members. Compensated individuals MUST be listed below. Check this box if neither the organization nor any related organization compensated any officer, director, trustee, or key employee. List the following individuals in the matrix below: 1. Officers, directors or trustees WHO SERVED AT ANY TIME DURING THE TAX REPORTING YEAR, regardless of compensation amount. 2. Key employees who were paid over $15,, meet the responsibility test, and are one of the top 2 highly paid employees. 3. Top 5 highly compensated employees who were paid over $1,. 4. Former directors or trustees who were paid $1, for their past services as a director or trustee. 5. Former officers, key employees, and highly compensated employees who were paid more than $1,. Use the 'Help Me Decide' button to assist in determining an individual's position Help Me Decide the Positions Total number of individuals including those listed below who received more than $1, in reportable compensation from the filing organization (Form W-2, Box 1 or 5 or Form 199-MISC, Box 7) from the organization (DO NOT include independent contractors): Did this person receive or accrue compensation from any unrelated organization or individual for services rendered to the organization? ('X' for Yes) ----------> Taxable organization employee exception Current vs. Former Volunteer Exception (1) (2) # (3) # (4) # (5) # (6) # (7) # (8) # (9) # (1) # (11) # (12) # (13) # (14) # (15) # (16) # (17) # (18) # (19) # (2) # (21) # (22) # (23) # (24) # (25) Fill out Sch J Part II Name Fill out Comp from Unrelated Organizations Title Avg. hrs/wk (filing org) Avg. hrs/wk (related org) Voting as of the last day of the tax year? (Yes/No) Individual director or trustee Institutional trustee Officer (c) Position (DO NOT check more than one box unless the person is BOTH an officer and director/trustee) Click the titles below for a definition Key Employee Highest compensated employee Former <------------------------------------------ (d) Reportable Compensation 213 W-2 (Greater of Box 1 or 5) / 199-Misc (Box 7) Base Comp. (Enter -- if none) (d) Compensation from Unrelated Parties Base Comp. (Enter -- if none) (e) Reportable Comp from related org 213 W-2 (Greater of Box 1 or 5) / 199-Misc (Box 7) For assistance in preparing these columns, click the link BELOW for a matrix: 213 Compensation Reporting Template Base Comp. (Enter -- if none) (f) Est. retirement, deferred comp. and other nontaxable benefits from the org & related orgs (Enter -- if none) Total TOTAL OFFICER COMP AND BENEFITS: $ - $ - $ - $ - $ - # VOTING AS OF YEAR-END: TOTAL COMP AND BENEFITS: $ - $ - $ - $ - $ - $ - $ - Example
Part VI - Governance, Management, and Disclosure Visible 214 Clark Nuber Percent complete % Yes No Definitions Section A - Governing Body and Management 1a. Number of voting members of the governing body at the end of the tax year governing body 1b. Number of voting members that are independent at the end of the tax year independent voting member of governing body Do all the (voting) members of the governing body have the same voting rights? Did the organization's governing body or governing documents delegate broad authority to act on its behalf to an executive or similar committee and the committee held such authority at any time during the tax year? Exclude delegations of limited authority to an audit, investment, or compensation committee. 2. Did any officer, director, trustee, or key employee have a family relationship or a business relationship with any family or business other officer, director, trustee, or key employee? relationship 3. Did the organization delegate control over management duties customarily performed by or under the direct Mgmt Duties supervision of officers, directors or trustees, or key employees to a management company or other person? 4. Did the organization make any significant changes to its governing documents since the prior Form 99 was filed? significant changes 5. Did the organization become aware during the year of a significant diversion of the organization's assets? significant diversion 6. Did the organization have members or stockholders? NOTE: members do not include governing body members. members or stockholders 7a. Did the organization have members, stockholders, or other persons who had the power to elect or appoint one or more members of the governing body? 7b. Are any governance decisions of the organization reserved to (or subject to approval by) members, stockholders, or persons other than the governing body? 8. Did the organization contemporaneously document the meetings held or written actions undertaken during the year by the following: contemporaneous 8a. the governing body? 8b. each committee with authority to act on behalf of the governing body? Section B - Policies 1a. Did the organization have local chapters, branches, or affiliates? 11. Will the organization provide a complete copy of the 213 Form 99 to all members of the organization's governing Explanation body before it is filed? Describe the process for reviewing the Form 99. Include specifics regarding WHO conducted the review, WHEN they will conducted it, and the EXTENT of such review. If no review was or will be conducted, enter 'No review was or will be conducted.' NOTE: Description may be pre-populated (from last year's tax return). If so, please review and update Read & no for current information. Otherwise, check the box to indicate that NO CHANGES are required. changes 12a. Did the organization have or adopt a written conflict of interest policy by the last day of the year? conflict of interest policy 13. Did the organization have or adopt a written whistleblower policy by the last day of the tax year? whistleblower policy 14. Did the organization have or adopt a written document retention and destruction policy by the last day of the tax document retention and year? destruction policy 15. During the tax year, did the process for determining compensation of the following persons which include a review and approval by independent persons, comparability data, and contemporaneous substantiation of the deliberation and decision: 15a. The organization's CEO, Executive Director, or top management official? 15b. Other officers or key employees of the organization? 16a. Did the organization invest in, contribute assets to, or participate in a joint venture or similar arrangement with a taxable entity during the year? joint venture
Part VI - Governance, Management, and Disclosure Section C - Disclosure 17. List the states with which a copy of this Form 99 is required to be filed. (Enter NONE if not applicable) Visible 214 Clark Nuber 18. IRC Section 614 requires an organization to make its Form 123 (or 124 if applicable), 99, and 99-T (51(c)(3)s only) available for public inspection. Indicate how you make these available. Check all that apply. own website another's website Can I check this box? upon request other none 19. Describe whether (and if so, how) the organization makes its governing documents, conflict of interest policy, and financial statements available to the public. Enter N/A if not applicable. NOTE: Description may be pre-populated (from last year's tax return). If so, please review and update for current information. Otherwise, check the box to indicate that NO CHANGES are required. Read & no changes 2. Person who possesses the books and records of the organization Name Address Phone
Definitions 214 Clark Nuber Term Definition 35% controlled entity An entity that is owned, directly or indirectly (e.g., under constructive ownership rules of section 267(c)), by a given person, such as the organization s current or former officers, directors, trustee, or key employees listed in Form 99, Part VII, Section 1, or the family members thereof (listed persons) as follows: 1. A corporation in which listed persons own more than 35% of the total combined voting power; 2. A partnership in which listed persons own more than 35% of the profits interest; or 3. A trust or estate in which listed persons own more than 35% of the beneficial interest. Accountable plan A reimbursement or other expense allowance arrangement that satisfies the requirements of section 62(c) by meeting the requirements of business connection, substantiation, and returning amounts in excess of substantiated expenses. See Regulations section 1.62-2(c)(2). Activities conducted outside the United States Applicable tax-exempt organization Audit Audited financial statement Audit committee Bingo Bond issue Boycotting countries Business relationship Business relationship - full definition For purposes of Schedule F, Statement of Activities Outside the United States, includes grantmaking, fundraising, unrelated trade or business, program services, program-related investments, other investments, or maintaining offices, employees, or agents in particular regions outside the United States. A section 51(c)(3), 51(c)(4), or 51(c)(29) organization, or that was such an organization at any time during the 5-year period ending on the day of the excess benefit transaction. A formal examination of an organization's financial records and practices by an independent, certified public accountant with the objective of issuing a report on the organization's financial statements as to whether those statements are fairly stated in accordance with generally accepted accounting principles (or other recognized comprehensive basis of accounting). A formal opinion of an organization s financial records and practices by an independent, certified public accountant with the objective of assessing the accuracy and reliability of the organization s financial statements. A committee, generally established by the governing body of an organization, with the responsibilities to oversee the organization s financial reporting process, monitor choice of accounting policies and principles, monitor internal control processes, or oversee hiring and performance of any external auditors. A game of chance played with cards that are generally printed with five rows of five squares each. Participants place markers over randomly called numbers on the cards in an attempt to form a pre-selected pattern such as a horizontal, vertical, or diagonal line, or all four corners. The first participant to form the pre-selected pattern wins the game. To be a bingo game, the game must be of the type described in which wagers are placed, winners are determined, and prizes or other property are distributed in the presence of all persons placing wagers in that game. Satellite, internet, and progressive bingo are not bingo, because they are conducted in many different places simultaneously, and the winners are not all present when the wagers are placed, the winners are determined, and the prizes are distributed. Thus, revenue and expenses associated with satellite, internet, and progressive bingo should be included under pull tabs. Certain consolation bingo games within a progressive bingo game may also qualify as bingo. An issue of two or more bonds that are: 1. Sold at substantially the same time; 2. Sold under the same plan of financing; and 3. Payable from the same source of funds. See Regulations section 1.15-1(c). A boycotting country is: any country that is on the list maintained by the Secretary of the Treasury under section 999(a)(3) which includes Kuwait, Lebanon, Libya, Qatar, Saudi Arabia, Syria, United Arab Emirates, and the Republic of Yemen (as of November 21), any other country in which you (or a member of the controlled group of which you are a member) have operations and of which you know (or have reason to know) requires any person to cooperate with or participate in an international boycott. Business relationships include one person being employed by another, one person transacting business with another (other than in the ordinary course of either party's business), or two persons being a director, trustee, officer, or greater-than-1% owner in the same business or investment entity. See the "Definitions" tab for a full explanation of business relationships. Business relationships between two persons include the following: 1. One person is employed by the other in a sole proprietorship or by an organization with which the other is associated as a trustee, director, officer, or greater-than-35% owner. 2. One person is transacting business with the other (other than in the ordinary course of either party s business on the same terms as are generally offered to the public), directly or indirectly, in one or more contracts of sale, lease, license, loan, performance of services, or other transaction involving transfers of cash or property valued in excess of $1, in the aggregate during the organization's tax year. Indirect transactions are transactions with an organization with which the one person is associated as a trustee, director, officer, or greater-than- 35% owner. Such transactions do not include charitable contributions to tax-exempt organizations. 3. The two persons are each a director, trustee, officer, or greater-than-1% owner in the same business or investment entity (but not in the same tax-exempt organization). Business relationship - full definition cont Business transactions Cash contributions Central America and the Caribbean Central organization Certified historic structure Ownership is measured by stock ownership (either voting power or value) of a corporation, profits or capital interest in a partnership or limited liability company, membership interest in a nonprofit organization, or beneficial interest in a trust. Ownership includes indirect ownership (e.g., ownership in an entity that has ownership in the entity in question); there can be ownership through multiple tiers of entities. Business transactions include, but are not limited to, contracts of sale, lease, license, insurance and performance of services, whether initiated during the organization's tax year or ongoing from a prior year. Business transactions also include joint ventures, whether new or ongoing, in which either the profits or capital interest of the organization and of the interested person each exceeds 1%. The organizations charging of membership dues to its officers, directors, etc. are not considered business transactions. Contributions received in the form of cash, checks, money orders, credit card charges, wire transfers, and other transfers and deposits to a cash account of the organization. Antigua & Barbuda, Aruba, Bahamas, Barbados, Belize, Cayman Islands, Costa Rica, Cuba, Dominica, Dominican Republic, El Salvador, Grenada, Guadeloupe, Guatemala, Haiti, Honduras, Jamaica, Martinique, Nicaragua, Panama, St. Kitts & Nevis, St. Lucia, St. Vincent & the Grenadines, Trinidad & Tobago, Turks & Caicos Islands, and British Virgin Islands. The organization, sometimes referred to as the parent organization, that holds a group exemption letter for one or more subordinate organizations under its general supervision and control. Any building or structure listed in the National Register of Historic Places as well as any building certified as being of historic significance to a registered historic district. See section 17(h)(4)(B) for special rules that apply to contributions made after August 17, 26.
Definitions Term Church Church - full definition Closely held stock Collections of works of art, historical treasures, and other similar assets Collectibles Compensation Compilation (compiled financial statements) Conflict of interest policy Conservation easement Contemporaneous Contributions Control Control - full definition 214 Clark Nuber Definition Church is not specifically defined by the Internal Revenue Code but there are certain characteristics that the IRS and court decisions have developed that are attributable to churches. See the "Definitions" tab for a full explanation of a church. Certain characteristics are generally attributed to churches. These attributes of a church have been developed by the IRS and by court decisions. They include: distinct legal existence; recognized creed and form of worship; definite and distinct ecclesiastical government; formal code of doctrine and discipline; distinct religious history; membership not associated with any other church or denomination; organization of ordained ministers; ordained ministers selected after completing prescribed courses of study; literature of its own; established places of worship; regular congregations; regular religious services; Sunday schools for the religious instruction of the young; schools for the preparation of its ministers. The IRS generally uses a combination of these characteristics, together with other facts and circumstances, to determine whether an organization is considered a church for federal tax purposes. A convention or association of churches is generally treated like a church for federal tax purposes. See Pub. 1828, Tax Guide for Churches and Religious Organizations. Generally, shares of stock in a closely held company that is not available for sale to the general public or which is not widely traded (see further explanation in the instructions for Part IX, line 12 and Schedule M, Noncash Contributions, line 1). Include collections, as described in SFAS 116 (ASC 958-36-2), of works of art, historical treasures, and other similar assets held for public exhibition, education, or research in furtherance of public service. Collectibles include autographs, sports memorabilia, dolls, stamps, coins, books (other than books and publications reported on line 4 of Schedule M), gems, and jewelry (other than costume jewelry reportable on line 5 of Schedule M). Unless otherwise provided, all forms of cash and noncash payments or benefits provided in exchange for services, including salary and wages, bonuses, severance payments, deferred payments, retirement benefits, fringe benefits, and other financial arrangements or transactions such as personal vehicles, meals, housing, personal and family educational benefits, below-market loans, payment of personal or family travel, entertainment, and personal use of the organization's property. Compensation includes payments and other benefits provided to both employees and independent contractors in exchange for services. See also deferred compensation, nonqualified deferred compensation, and reportable compensation. A compilation is a presentation of financial statements and other information that is the representation of the management or ownership of an organization and which has not been reviewed or audited by an independent accountant. A policy that defines conflict of interest, identifies the classes of individuals within the organization covered by the policy, facilitates disclosure of information that may help identify conflicts of interest, and specifies procedures to be followed in managing conflicts of interest. A conflict of interest arises when a person in a position of authority over an organization, such as an officer, director, or manager, may benefit financially from a decision he or she could make in such capacity, including indirect benefits such as to family members or businesses with which the person is closely associated. For this purpose, a conflict of interest does not include questions involving a person s competing or respective duties to the organization and to another organization, such as by serving on the boards of both organizations, that do not involve a material financial interest of, or benefit to, such person. A restriction (granted in perpetuity) on the use that may be made of real property granted exclusively for conservation purposes. Conservation purposes include preserving land areas for outdoor recreation by, or for the education of, the general public; protecting a relatively natural habitat of fish, wildlife, or plants, or a similar ecosystem; preserving open space, including farmland and forest land, where such preservation will yield a significant public benefit and is either for the scenic enjoyment of the general public or pursuant to a clearly defined federal, state or local governmental conservation policy; and preserving a historically important land area or a certified historic structure. For more information see section 17(h) and Notice 24-41, 24-2 C.B. 31. For Part VI, Line 8, contemporaneous means by the later of: 1. the next meeting of the governing body or committee (such as approving the minutes of the prior meeting) or 2. 6 days after the date of the meeting or written action. Unless otherwise provided, includes donations, gifts, bequests, grants, and other transfers of money or property to the extent that adequate consideration is not provided in exchange and that the contributor intends to make a gift, whether or not made for charitable purposes. A transaction may be partly a sale and partly a contribution, but discounts provided on sales of goods in the ordinary course of business should not be reported as contributions. Neither donations of services (such as the value of donated advertising space, broadcast air time, or discounts on services) nor donations of use of materials, equipment, or facilities should be reported as contributions. For purposes of Form 99, a distribution to a section 51(c)(3) organization from a split interest trust (for example, charitable remainder trust, charitable lead trust) is reportable as a contribution. See also cash contributions and noncash contributions. Control can be direct or indirect and has different meanings depending on whether the organization's owners or persons have a beneficial interest. See the "Definitions" tab for a full explanation of control. For purposes of determining related organizations: Control of a nonprofit organization (or other organization without owners or persons having beneficial interests, whether the organization is taxable or tax-exempt) One or more persons (whether individuals or organizations) control a nonprofit organization if they have the power to remove and replace (or to appoint, elect, or approve or veto the appointment or election of, if such power includes a continuing power to appoint, elect, or approve or veto the appointment or election of, periodically or in the event of vacancies) a majority of the nonprofit organization s directors or trustees, or a majority of the members who elect the nonprofit organization s directors or trustees. Such power can be exercised directly by a (parent) organization through one or more of the (parent) organization s officers, directors, trustees, or agents, acting in their capacity as officers, directors, trustees, or agents of the (parent) organization. Also, a (parent) organization controls a (subsidiary) nonprofit organization if a majority of the subsidiary s directors or trustees are trustees, directors, officers, employees, or agents of the parent. Control of a stock corporation One or more persons (whether individuals or organizations) control a stock corporation if they own more than 5% of the stock (by voting power or value) of the corporation.
Definitions Term Control - full definition cont 214 Clark Nuber Definition Control of a partnership or limited liability company One or more persons control a partnership if they own more than 5% of the profits or capital interests in the partnership (including a limited liability company treated as a partnership or disregarded entity for federal tax purposes, regardless of the designation under state law of the ownership interests as stock, membership interests, or otherwise). A person also controls a partnership if the person is a managing partner or managing member of a partnership or limited liability company which has three or fewer managing partners or managing members (regardless of which partner or member has the most actual control), or if the person is a general partner in a limited partnership which has three or fewer general partners (regardless of which partner has the most actual control). For this purpose, a "managing partner" is a partner designated as such under the partnership agreement, or regularly engaged in the management of the partnership even though not so designated. Control of a trust with beneficial interests One or more persons control a trust if they own more than 5% of the beneficial interests in the trust. A person's beneficial interest in a trust shall be determined in proportion to that person's actuarial interest in the trust as of the end of the tax year. See Regulations sections 31.771-2, 3, and 4 for more information on classification of corporations, partnerships, disregarded entities, and trusts. Controlled Entity Controlling organization under section 512(b)(13) Controlling organization under section 512(b)(13) - full definition Control can be indirect. See the Schedule R (Form 99) instructions for a description of indirect control. An organization controlled by a controlling organization under section 512(b)(13). A controlled entity may be a nonprofit organization. For the definition of control in this context, see section 512(b)(13)(D) and Regulations section 1.512(b)-1(L)(4) (substituting "more than 5%" for "at least 8%" in the regulation, for purposes of this definition). Controlled entities are a subset of related organizations. For purposes of Form 99, controlled entities do not include disregarded entities of the filing organization. An exempt organization that controls another entity. Control in the case of a corporation means a more than 5% ownership by vote or value in the stock of a corporation; in the case of a partnership, a more than 5% in the profits or capital interest in a partnership; or a more than 5% beneficial interest in any other entity. See the "Definitions" tab for a full explanation of controlling organization under section 512(b)(13). An exempt organization that controls a controlled entity. Section 512(b)(13) treats payments of interest, annuity, royalties, and rent from a controlled entity to a controlling organization as unrelated business taxable income under certain circumstances. Control in this context means: (i) in the case of a corporation, ownership (by vote or value) of more than 5% of the stock in such corporation, (ii) in the case of a partnership, ownership of more than 5% of the profits interests or capital interests in such partnership, or (iii) in any other case, ownership of more than 5% of the beneficial interests in the entity. Section 318 (relating to constructive ownership of stock) shall apply for purposes of determining ownership of stock in a corporation. Similar principles shall apply for purposes of determining ownership of interests in any other entity. Credit counseling services Current year Debt management plan services Defeasance escrow Deferred compensation Direct controlling entity Direct foreign investment Director or trustee Disqualified person Includes the providing of information to the general public on budgeting, personal finance, and saving and spending practices, or assisting individuals and families with financial problems by providing them with counseling. See section 51(q)(4)(A). The tax year for which the Form 99 is being filed; see also fiscal year. Services related to the repayment, consolidation, or restructuring of a consumer's debt, including the negotiation with creditors of lower interest rates, the waiver or reduction of fees, and the marketing and processing of debt management plans. See section 51(q)(4)(B). An irrevocable escrow established to redeem the bonds on their earliest call date in an amount that, together with investment earnings, is sufficient to pay all the principal of, and interest and call premiums on, bonds from the date the escrow is established to the earliest call date. See Regulations section 1.141-12(d)(5). Compensation that is earned or accrued in, or is attributable to, one year and deferred to a future year for any reason, whether or not funded, vested, qualified or nonqualified, or subject to a substantial risk of forfeiture. However, a deferral of compensation that causes an amount to be deferred from the tax year to a date that is not more than 2 1/2 months after the end of the tax year is not treated as deferred compensation for purposes of Form 99. Deferred compensation may or may not be included in reportable compensation for the current year. If the filing organization or one or more other organizations/entities directly controls the related organization, enter the name of the entity that directly controls the related entity. Direct capital ownership in an investment outside of the United States. Unless otherwise provided, a member of the organization's governing body at any time during the tax year, but only if the member has any voting rights. A member of an advisory board that does not exercise any governance authority over the organization is not considered a director or trustee. A disqualified person includes any person with the ability to exercise substantial influence over the affairs of the organization at any time during the past five years, looking back from the date of the transaction. See the "Definitions" tab for a full explanation of a disqualified person.