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Death Knell Approaches for Some Nonprofits

May 15 is almost here. This is the deadline by which, if an organization is on the calendar year, it must file its IRS Form 990-series information return. If an exempt organization didn’t file its 990-series form for 2010 and 2011, missing this year’s deadline could be its final act as an exempt organization.

Almost all tax-exempt organizations are required to file annual Form 990-series information returns with the IRS. If an organization fails to file these returns for three consecutive years, it automatically loses its federal tax-exempt status. No matter how small the organization is, it must file a return. Organizations with gross receipts of $50,000 or less may file an electronic notice called the Form 990-N (e-Postcard). The form is simple and will take about 1 minute to complete. An organization that has annual average receipts above $50,000, it must file either a Form 990 or Form 990-EZ depending on its gross receipts and assets. Private foundations must file a Form 990-PF regardless of their receipts or assets.

If a calendar year organization isn’t ready to file its Form 990 or 990-EZ, then it must file for an automatic 3-month extension NOW. Form 990-N filers can’t get an extension for filing that form, but check out the link above before you panic as we promise that the form is really simple. If a 990N filer still wants an extension, it must both file for an extension, then file, a Form 990 or 990-EZ by the extended deadline.

Talk to your accountant or tax professional ASAP if you have any questions.

NOTE: The information contained herein is not intended to be legal advice and the reader should know that no Attorney-Client relationship or privilege is formed by the posting or reading of this article which is also not intended to solicit business.

Casey Summar, Partner, The Law Firm for Non-Profits, 4705 Laurel Canyon Blvd, #306, Studio City, CA 91607

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