organizations that made the section
managers under section 4912, unless
inflation). See Rev. Proc. 2009-50,
501(h) election does not apply to
abated.
section 3.32.
organizations that complete Part II-B.
5. Any organization that receives a
Line 2d. If the filing organization
private letter ruling from the IRS stating
Nonelecting section 501(c)(3)
reported a section 4912 tax on a Form
that the organization satisfies the section
organizations must complete both
4720 for this year, answer “Yes.”
6033(e)(3) exception.
columns (a) and (b) of Part II-B to show
Part III. Section 6033(e)
6. Any organization that keeps
lobbying expenditures paid or incurred.
records to substantiate that 90% or more
Note. A nonelecting organization will
Notice and Reporting
of its members cannot deduct their dues
generally be regarded as engaging in
(or similar amounts) as business
Requirements and Proxy
lobbying activity if the organization either
expenses whether or not any part of their
contacts, or urges the public to contact,
Tax
dues are used for lobbying purposes.
members of a legislative body for the
7. Any organization that is not a
Only certain organizations that are
purpose of proposing, supporting, or
membership organization.
tax-exempt under:
opposing legislation or the government’s
•
Section 501(c)(4) (social welfare
budget process; or advocates the
Special rules treat affiliated social
organizations),
adoption or rejection of legislation.
!
•
welfare organizations, agricultural
Section 501(c)(5) (agricultural and
Organizations should answer “Yes” or
and horticultural organizations,
horticultural organizations), or
CAUTION
“No” in column (a) to questions 1a
•
and business leagues as parts of a single
Section 501(c)(6) (business leagues),
through 1i and describe in Part IV the
organization for purposes of meeting the
are subject to the section 6033(e) notice
activities the organization conducted
nondeductible dues exception. See Rev.
and reporting requirements, and a
(through its employees or volunteers)
Proc. 98-19, section 5.03, 1998-1 C.B.
potential proxy tax. These organizations
attempting to influence legislation.
547.
must report their total lobbying expenses,
Examples of activities include:
political expenses, and membership dues,
Line 2. Answer “Yes” for line 2 if the
•
Sending letters or publications to
or similar amounts.
organization satisfies the following criteria
government officials or legislators,
of the $2,000 in-house lobbying
•
Section 6033(e) requires certain
Meeting with or calling government
exception.
section 501(c)(4), (5), and (6)
officials or legislators,
1. The organization did not make any
organizations to tell their members what
•
Sending or distributing letters or
political expenditures or foreign lobbying
portion of their membership dues were
publications (including newsletters,
expenditures during the 2010 reporting
allocable to the political or lobbying
brochures, etc.) to members or to the
year.
activities of the organization. If an
general public, or
2. The organization made lobbying
organization does not give its members
•
Using direct mail, placing
expenditures during the 2010 reporting
this information, then the organization is
advertisements, issuing press releases,
year consisting only of in-house direct
subject to a proxy tax. This tax is reported
holding news conferences, or holding
lobbying expenditures totaling $2,000 or
on Form 990-T.
rallies or demonstrations.
less, but excluding:
For lines 1c through 1i, enter in column
Part III-A
a. Any allocable overhead expenses,
(b) the lobbying expenditures paid or
and
incurred. Enter total expenditures on
Line 1. Answer “Yes” if any of the
b. All direct lobbying expenses of any
column (b), line 1j.
following exemptions from the reporting
local council regarding legislation of direct
and notice requirements apply. By doing
interest to the organization or its
Line 1f. Grants to other organizations
so, the organization is declaring that
members.
are amounts from the organization’s
substantially all of its membership dues
funds given to another organization for
were nondeductible.
If the organization’s in-house direct
the purpose of assisting the other
lobbying expenditures during the 2010
1. Local associations of employees’
organization conducting lobbying
reporting year were $2,000 or less, but
and veterans’ organizations described in
activities.
the organization also paid or incurred
section 501(c)(4), but not section
Line 1g. Direct contact is a personal
other lobbying or political expenditures
501(c)(4) social welfare organizations.
telephone call or visit with legislators,
during the 2010 reporting year, it should
2. Labor unions and other labor
their staffs, or government officials.
answer “No” to question 2. If the
organizations described in section
Line 1h. Rallies, demonstrations,
organization is required to complete Part
501(c)(5), but not section 501(c)(5)
seminars, conventions, speeches, and
III-B, the $2,000 or less of in-house direct
agricultural and horticultural
lectures are examples of public forums
lobbying expenditures should not be
organizations.
conducted directly by the organization or
included in the total on line 2a, of Part
3. Section 501(c)(4), section
paid for out of the organization’s funds.
III-B.
501(c)(5), and section 501(c)(6)
organizations that receive more than 90%
Line 3. Answer “Yes” for line 3 if the
Line 1i. Provide in Part IV a detailed
of their dues from:
organization on its prior year report
description of any other activity that the
a. Organizations exempt from tax
agreed to carryover an amount to be
organization engaged in to influence
under section 501(a), other than section
legislation. The description should
included in the current year’s reasonable
501(c)(4), section 501(c)(5), and section
include all lobbying activities, whether
estimate of lobbying and political
501(c)(6) organizations,
expenses.
expenses are incurred or not (for
b. State or local governments,
example, even lobbying activities carried
Complete Part III-B only if the
c. Entities whose income is exempt
out by unreimbursed volunteers).
organization answered “No” to both line 1
from tax under section 115, or
and line 2 or if the organization answered
Line 2a. Answer “Yes” if a section
d. Organizations described in 1 or 2,
“Yes” to line 3.
501(c)(3) organization ceased to be
above.
described as a section 501(c)(3)
Part III-B. Dues Notices,
4. Section 501(c)(4) and section
organization because the amount on line
501(c)(5) organizations that receive more
1j was substantial.
Reporting Requirements,
than 90% of their annual dues from:
Line 2b. Enter the amount of taxes, if
a. Persons,
and Proxy Tax
any, imposed on the organization itself
b. Families, or
under section 4912, unless abated.
c. Entities,
Dues notices. An organization that
Line 2c. Enter the amount of taxes, if
who each paid annual dues of $101 or
checked “No” for both Part III-A, lines 1
any, imposed on the organization
less in 2010 (adjusted annually for
and 2, and is thus responsible for
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