LegalWorks Apostolate - Counsel for a Culture of Life

Not too late to rescue tax exempt recognition

IRS urges late-filing Form 990N if not yet filed

By Jim Hostetler

As we posted previously, small 501(c)(3)s operating on a calendar year for their fiscal year had a deadline this past Monday, May 17, for filing electronic Form 990N. If they failed to meet that deadline and had not filed any report with the IRS in the last three years, they are at risk of being deleted from the rolls of IRS-recognized exempt organizations. Essentially, the IRS is prepared to assume non-filers are defunct.

However, on May 17, the online system for submitting the 990N was extremely slow and often timed out. It could not handle all of the incoming reports by the deadline. For this reason an IRS Commissioner issued a statement urging small nonprofits to file late if they were unable to meet the deadline. It was strongly suggested that late-filings will be accepted without penalty and that organizations remedying the failure to file in a timely way could still prevent the loss of their tax exemption.

Contact us if you may require assistance with the electronic filing or follow-up efforts that the IRS hinted would be necessary.

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