Regulations Proposed to Update Reporting Requirements, Including Donor Disclosure

Published date01 November 2019
Date01 November 2019
The Department of the Treasury and the IRS, on September 6, issued
proposed regulations that would (1) incorporate the rules providing relief from
donor disclosure requirements for many categories of tax-exempt organizations
that were issued in 2018 by revenue procedure and (2) generally update the
existing information reporting regulations applicable to exempt organizations
As to the first of these elements, the disclosure relief was initially provided in Rev.
Proc. 2018-38 (summarized in the September 2018 issue). That revenue procedure
was set aside by a federal district court on the ground that Treasury failed to follow
the notice-and-comment procedures of the Administrative Procedure Act (Bullock
et al. v. Internal Revenue Service et al. (decision summarized in last month’s issue)).
IRC § 6033 outlines requirements for annual information returns filed by
tax-exempt organizations, including exceptions to the requirements. The general
elements to be reported are the subject of IRC § 6033(a). Items to be reported
by charitable entities are listed in IRC § 6033(b). Other rules pertain to political
organizations (IRC § 6033(g)(2)), controlling organizations (IRC § 6033(h)), spon-
soring organizations (IRC § 6033(k)), and supporting organizations (IRC § 6033(l)).
Return disclosure rules are in IRC § 6104.
Annual information returns are required to contain “such other information
for the purpose of carrying out the internal revenue laws as the [Treasury Depart-
ment] may by forms or regulations prescribe” (IRC § 6033(a)(1)). Treasury also has
discretionary authority to relieve nearly all types of tax-exempt organizations from © 2019 Wiley Periodicals, Inc.
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Analysis of current developments in tax
and related law for nonprofit organiza-
tions and their professional advisors.
Volume 36 Number 11
November 2019
Also in This issue...
Supreme Court Petitioned to
Review Charitable Donors
Disclosure Case 4
Personal Services Exception
Applied to Consulting and
Investment Services to Charities 4
Community Foundation and
Supporting Organization Held
Single Entity 5
Golf Course Operation Held
for Profit, Despite Original
Charitable Purposes 6
Other Recent IRS Private Letter
Rulings 7
Banks, Credit Unions Battle
Erupts Again 7
Other Developments 7

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