This article concerning the new requirement that certain large exempt organizations file their 2005 IRS Forms 990 (generally due May 15, 2006) in electronic format is part of the Pillsbury Winthrop Shaw Pittman LLP Tax Page, a World Wide Web demonstration project, no portion of which is intended and cannot be construed as legal or tax advice. Comments are welcome on the design or content of this material.

On May 2, 2006, the Internal Revenue Service reminded certain large exempt organizations that their annual information returns for 2005 must be filed electronically by May 15, 2006. IRS News Release 2006-73.

This new electronic filing requirement was imposed by temporary regulations adopted in early 2005 (T.D. 9175), and generally applies to any exempt organization required to file IRS Form 990, Return of Organization Exempt from Tax, or IRS Form 990-PF, Return of Private Foundation or Section 4947(a)(1) Trust Treated as a Private Foundation, for a taxable year if the organization is required to file at least 250 returns (including information returns, such as IRS Form W-2, Wage and Tax Statement, or IRS Form 1099-MISC, Miscellaneous Income) with the IRS during the calendar year ending with or within that taxable year.

However, the effective date provisions cause the electronic filing requirement to apply for taxable years ending on or after December 31, 2005 (and before December 31, 2006) only to exempt organizations having at least $100 million in assets. For taxable years ending on or after December 31, 2006, the electronic filing requirement applies to any exempt organization having at least $10 million in assets and to any private foundation or other organization required to file IRS Form 990-PF, without regard to the amount of the private foundation's or other organization's assets.

The IRS also reminded exempt organizations that they can obtain an authomatic three-month extension to file IRS Form 990 or 990-PF by filing IRS Form 8868.

This material is not intended to constitute a complete analysis of all tax considerations. Internal Revenue Service regulations generally provide that, for the purpose of avoiding United States federal tax penalties, a taxpayer may rely only on formal written opinions meeting specific regulatory requirements. This material does not meet those requirements. Accordingly, this material was not intended or written to be used, and a taxpayer cannot use it, for the purpose of avoiding United States federal or other tax penalties or of promoting, marketing or recommending to another party any tax-related matters.

© 2006