Line 1c. Add lines 1a and 1b.
organization, such as a separate
election has been in effect, entering the
segregated fund or a political action
totals for those years in column (e). The
Line 1d. Enter all other amounts
committee (PAC). If additional space is
organization must determine, for those 2
(excluding lobbying) the organization
needed, enter information in Part IV.
or 3 years, whether the amount entered in
expended to accomplish its exempt
column (e), line 2c, is equal to or less
purpose.
Part II-A. Lobbying Activity
than the lobbying ceiling amount reported
Line 1e. Add lines 1c and 1d. This is
on line 2b, and whether the amount
Only section 501(c)(3) organizations that
the organization’s total exempt purpose
entered in column (e), line 2f, is equal to
have filed Form 5768 (election under
expenditures.
or less than the grassroots ceiling amount
section 501(h)) complete this section.
Lines 1h and 1i. If there are no
calculated on line 2e. The organization
Part II-A provides a reporting format
excess lobbying expenditures on either
does not satisfy both tests if either its total
for any section 501(c)(3) organization for
line 1h or 1i of column (b), treat each
lobbying expenditures or grassroots
which the 501(h) lobbying expenditure
electing member of the affiliated group as
lobbying expenditures exceed applicable
election was valid and in effect during
having no excess lobbying expenditures.
ceiling amounts. When that occurs, all
2010 tax year, whether or not the
However, if there are excess lobbying
five columns must be completed and a
organization engaged in lobbying
expenditures on either line 1h or 1i of
re-computation made, unless exception 1
activities during that tax year. A public
column (b), treat each electing member
or 2 above applies. If the organization is
charity that makes a valid section 501(h)
as having excess lobbying expenditures.
not required to complete all five columns,
election may spend up to a certain
In such case, each electing member must
provide a statement explaining why in
percentage of its exempt purpose
file Form 4720, and must pay the tax on
Part IV. In the statement, show the ending
expenditures to influence legislation
its proportionate share of the affiliated
date of the tax year in which the
without incurring tax or losing its tax
group’s excess lobbying expenditures.
organization made its first section 501(h)
exempt status.
Enter the proportionate share in column
election and state whether or not that first
(a) on line 1h or line 1i, or on both lines.
election was revoked before the start of
Affiliated groups. If the filing
In Part IV, provide the affiliated group list
the organization’s tax year that began in
organization belongs to an affiliated
described above. Show what amounts
2010.
group, check Part II-A, box A and
apply to each group member. To find a
complete lines 1a through 1i.
Note. If the organization belongs to an
•
member’s proportionate share, see
Complete column (a) for the electing
affiliated group, enter the appropriate
Regulations section 56.4911-8(d).
member of the group.
•
affiliated group totals from column (b),
Complete column (b) for the affiliated
Line 1j. If the filing organization
lines 1a through 1i, when completing lines
group as a whole.
reported section 4911 tax on Form 4720
2a, 2c, 2d, and 2f.
for this year, answer “Yes.”
If the filing organization checked box A
Line 2a. For 2007, enter the amount
and the limited control provisions apply to
Line 2. Line 2 is used to determine if the
from line 41 of Schedule A, Part VI-A,
the organizations in the affiliated group,
organization exceeded lobbying
filed for each year. For 2008, 2009 and
each member of the affiliated group
expenditure limits during the 4-year
2010, enter the amount from Schedule C
should check box B and complete column
averaging period.
(Form 990 or 990-EZ), Part II-A, line 1f,
(a) only.
Any organization for which a lobbying
filed for each year.
If the filing organization does not check
expenditure election under section 501(h)
Line 2c. For 2007, enter the amount
box A, do not check box B.
was in effect for its tax year beginning in
from line 38 of Schedule A, Part VI-A,
2010 must complete columns (a) through
Affiliated group list. Provide in Part
filed for each year. For 2008, 2009 and
(e) of lines 2a through 2f except in the
IV a list showing each affiliated group
2010, enter the amount from Schedule C
following situations.
member’s name, address, EIN, and
(Form 990 or 990-EZ), Part II-A, line 1c,
expenses. Show which members made
1. An organization first treated as a
for each year.
the election under section 501(h) and
section 501(c)(3) organization in its tax
Line 2d. For 2007, enter the amount
which did not.
year beginning in 2010 does not have to
from line 42 of Schedule A, Part VI-A filed
complete any part of lines 2a through 2f.
Include each electing member’s share
for each year. For 2008, 2009 and 2010,
2. An organization does not have to
of the excess lobbying expenditures on
enter the amount from Schedule C (Form
complete lines 2a through 2f for any
the list.
990 or 990-EZ), Part II-A, line 1g, for each
period before it is first treated as a section
Nonelecting members do not owe tax,
year.
501(c)(3) organization.
but remain subject to the general rule,
Line 2f. For 2007, enter the amount
3. If 2010 is the first year for which an
which provides that no substantial part of
organization’s section 501(h) election is
from line 36 of Schedule A, Part VI-A,
their activities may consist of carrying on
filed for each year. For 2008, 2009 and
effective, that organization must complete
propaganda or otherwise trying to
2010, enter the amount from Schedule C
line 2a, columns (d) and (e). The
influence legislation.
organization must then complete all of
(Form 990 or 990-EZ), Part II-A, line 1a,
Lines 1a through 1i. Complete lines 1a
for each year.
column (e) to determine whether the
through 1i in column (a) for any
amount on line 2c, column (e), is equal to
Enter the total for each line in column
organization required to complete Part
or less than the lobbying ceiling amount
(e).
II-A, but complete column (b) only for
calculated on line 2b and whether the
affiliated groups.
amount on line 2f is equal to or less than
Part II-B. Lobbying Activity
the grassroots ceiling amount calculated
Lines 1a through 1i are used to
Only section 501(c)(3) organizations that
on line 2e. The organization does not
determine whether any of the
have not filed Form 5768 (election under
satisfy both tests if either its total lobbying
organization’s current year lobbying
section 501(h)) or have revoked a
expenditures or grassroots lobbying
expenditures are subject to tax under
previous election can complete this
expenditures exceed the applicable
section 4911. File Form 4720 if the
section.
ceiling amounts. When this occurs, all five
organization needs to report and pay the
columns must be completed and a
Part II-B provides a reporting format
excise tax.
re-computation made unless exception 1
for any section 501(c)(3) organization that
Line 1a. Enter the amount the
engaged in lobbying activities during
or 2 above applies.
organization expended for grassroots
4. If 2010 is the second or third tax
the 2010 tax year but did not make a
lobbying communications.
year for which the organization’s first
section 501(h) lobbying expenditure
Line 1b. Enter the amount the
section 501(h) election is in effect, that
election for that year by filing Form 5768.
organization expended for direct lobbying
organization is required to complete only
The distinction in Part II-A between direct
communications.
the columns for the years in which the
and grassroots lobbying activities by
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