IRS Releases New Form 8940, Request for Miscellaneous Determinations
By Joyce Underwood, CPA
The IRS has released a new form to facilitate requests for determinations regarding certain activities and events (other than initial exemption applications). In the past if an organization wanted an affirmative opinion on a situation, the organization would request an advance ruling from the IRS to preapprove the facts and consequences. This opinion was obtained by submitting a written request including all the information under the specific regulations necessary to make a determination on the status. Each request under the new form is subject to a user fee as currently outlined under Revenue Procedure 2011-8. The fees currently range from $400 - $1,000. The 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 information is similar to what was previously required when an advance determination request was made. The new format is expected to facilitate the request process. Organizations simultaneously requesting tax exemption and either an advance approval of scholarship procedures or an exception from filing Form 990 should include their request with their Form 1023, Application for Exemption, rather than filing Form 8940. Form 8940 can be used to make requests for the following nine determinations:
• advance approval of certain private foundation set-asides;
• advance approval of private foundation voter registration activities;
• advance approval of private foundation scholarship procedures;
• exemption from Form 990 filing requirements;
• advance determination that a potential grant or contribution is an unusual grant that can be excluded from certain public support calculations;
• change in (or initial determination of) the type of a Section 509(a)(3) supporting organization;
• reclassification of foundation status, including a voluntary request from a public charity for private foundation status;
• termination of private foundation status under Section 507(b)(1)(B) (advance ruling request); and
• termination of private foundation status under Section 507(b)(1)(B) (60-month period ended).