Louis E. Michelson, A Professional Corporation

The IRS has released a new form that tax-exempt organizations will use to request determinations (other than initial exemption applications) about their tax-exempt status. In addition to foundation status issues, organizations will use Form 8940, Request for Miscellaneous Determination, to obtain advance approval of certain activities and exemption from Form 990 filing requirements.

The simple one-page form is accompanied by instructions that specify what information needs to be submitted to support each of the nine types of requests that may be submitted. The IRS reminds organizations that a user fee must accompany most requests.

Form 8940 may be used for the following types of requests:

a.   Advance approval of certain private foundation set-asides
b.   Advance approval of private foundation voter registration activities
c.   Advance approval of private foundation scholarship procedures
d.   Exemption from Form 990 filing requirements
e.   Advance determination that a potential grant or contribution is an unusual grant, excluded from certain public support calculations
f.   Change in (or initial determination of) Type of a section 509(a)(3) supporting organization
g.   Reclassification of foundation status, including a voluntary request from a public charity for private foundation status
h.  Termination of private foundation status under Internal Revenue Code section 507(b)(1)(B) (advance ruling request)
i.   Termination of private foundation status under Code section 507(b)(1)(B) (60-month period ended)