Most states have statutes that require charitable organizations that solicit contributions from the public to register and file periodic financial reports. See State Charitable Solicitation Statutes for a general discussion of these statutes. Many states accept a copy of the IRS Form 990 in place of all or part of their financial report forms. If you use Form 990, Form 990-EZ, or 990-PF to satisfy state or local filing requirements, note the following
The requirements and procedures for forming charitable organizations differ from state to state, as do the registration and filing requirements for organizations that conduct charitable activities or solicit charitable contributions. The following is a link to a list of state offices that regulate charitable organizations and charitable solicitations. http://www.nasconet.org/
Determine State Filing Requirements
You should consult the appropriate officials of all states and other jurisdictions in which the organization does business to determine their specific filing requirements. “Doing business” in a jurisdiction may include any of the following: (1) soliciting contributions or grants by mail or otherwise from individuals, businesses, or other charitable organizations; (b) conducting programs; (c) having employees within that jurisdiction; (d) maintaining a checking account; or (e) owning or renting property there.
Monetary Tests May Differ
Dollar limitations that apply to Form 990, 990-EZ, or 990-PF, when filed with the IRS may not apply when using the return in place of state or local report forms. Examples of IRS dollar limitations that do not meet some state requirements are the $25,000 gross receipts minimum that creates an obligation to file Form 990 or 990-EZ with the IRS and the $50,000 minimum for listing professional fees in Part II of Schedule A (Form 990, 990-EZ, or 990-PF).
Additional Information May Be Required
State or local filing requirements may require you to attach to Form 990, 990-EZ, or 990-PF, one or more of the following: (a) additional financial statements, such as a complete analysis of functional expenses or a statement of changes in net assets; (b) notes to financial statements; (c) additional financial schedules; (d) a report on the financial statements by an independent accountant; and (e) answers to additional questions and other information. Each jurisdiction may require the additional material to be presented on forms they provide. The additional information does not have to be submitted with the return filed with the IRS.
Even if IRS accepts the return that the organization files as complete, a copy of the same return filed with a state will not fully satisfy that state’s filing requirement if required information is not provided, including any of the additional information discussed above, or if the state determines that the form was not completed by following the applicable Form 990, 990-EZ, or 990-PF instructions or supplemental state instructions. If so, the organization may be asked to provide the missing information or to submit an amended return.
Use of Audit Guides May Be Required
To ensure that all organizations report similar transactions uniformly, many states require that contributions, gifts, grants, etc., and functional expenses be reported according to the AICPA industry audit and accounting guide, Not-for-Profit Organizations (New York, NY, AICPA, 2003), supplemented by Standards of Accounting and Financial Reporting for Voluntary Health and Welfare Organizations (Washington, DC, National Health Council, Inc., 1998, 4th edition).
Donated Services And Facilities
Although the two publications named above sometimes call for reporting donated services and facilities as items of revenue and expenses, many states and the IRS do not permit the inclusion of those amounts in Parts I and II of the Form 990 or Form 990-PF or Part I of Form 990-EZ. The optional reporting of donated services and facilities is discussed in the instructions for all three returns.
Amended Returns
If the organization submits supplemental information or files an amended Form 990, 990-EZ, or 990-PF with the IRS, it must also send a copy of the information or amended return to any state with which it filed a copy of the return originally to meet that state’s filing requirement.
Method Of Accounting
Most states require that all amounts be reported based on the accrual method of accounting.
Time For Filing May Differ
The deadline for filing Form 990, 990-EZ, or 990-PF with the IRS differs from the time for filing reports with some states.
Public Inspection
Form 990, 990-EZ, or 990-PF information made available for public inspection by the IRS may differ from that made available by the states.
DISCLAIMER: This information is not intended to provide legal or accounting advice, or to address specific situations. Please consult with your legal or tax advisor to supplement and verify what you learn here.
