ANNUAL FILING REQUIREMENTS FOR CATHOLIC

integrated auxiliaries, conventions or associations of churches, and the exclusively religiousactivities of any religious order. 5Catholic Organizations in the Group RulingIn order for an organization to be included in the USCCB group ruling, it must complete Form0928A, Application for Inclusion in USCCB Group Ruling, and submit it to the Chancery Office ofthe diocese in which the organization’s principal office is located. Organizations alreadyincluded in the Official Catholic Directory (“OCD”) that wish to be included in IRS records (i.e.,the Exempt Organizations Business Master File extract, or “EO BMF”) also must file Form0928A. Section I of Form 0928A asks the applicant whether it is exempt from having to file anannual information return, and if it is exempt, to explain the reason for its exemption. If thediocese recommends an organization for inclusion in the group ruling, it submits to the USCCB aForm 0928-1. If the USCCB approves the organization for inclusion, it completes the Form0928-1 with the organization’s public charity status and its filing requirement or filingexemption, as applicable, and sends this form to the IRS, and a copy to the diocese along with aNotice of Acceptance. The Form 0928-1 signed by the USCCB indicates whether an organizationmust file a Form 990/EZ/N or, if it is exempt from filing, on what basis it is exempt. If anorganization was given a filing requirement and it believes it should be exempt, theorganization may file Form 8940, Request for Miscellaneous Determination, with the IRS torequest exemption from filing Form 990/EZ/N.FILING EXEMPTIONSThis section discusses which exemptions from having to file a Form 990/EZ/N may applyto Catholic organizations. These guidelines are provided for informational purposes only.Whether an organization is required to file an annual information return, and if so, which form,and if not, why not, is a facts-and-circumstances determination. Organizations are stronglyadvised to consult with a tax advisor.Churches and Conventions or Associations of ChurchesAn organization that is a church or a convention or association of churches is not required tofile an annual information return. 6 The IRS uses 14 criteria or characteristics to determinewhether an organization described in section 501(c)(3) qualifies as a church or a convention orassociation of churches. 7 For Catholic organizations, generally only (arch)dioceses, eparchies5Section 6033(a)(3)(A)(i), (iii).Section 6033(a)(3)(A)(i). See also Treas. Reg. § 1.6033-2(g)(1)(i).7The criteria are (1) a distinct legal existence; (2) a recognized creed and form of worship; (3) a definite anddistinct ecclesiastical government; (4) a formal code of doctrine and discipline; (5) a distinct religious history; (6) amembership not associated with any other church or denomination; (7) a complete organization of ordainedministers ministering to their congregations; (8) ordained ministers selected after completing prescribed courses ofstudy; (9) a literature of its own; (10) established places of worship; (11) regular congregations; (12) regular63Annual Filing Requirements for Catholic Organizations – USCCB Office of General Counsel

and parishes qualify for a filing exemption as a church or a convention or association ofchurches. Ministries and other activities that are separately incorporated or otherwise have aseparate civil structure (e.g., a trust) from (arch)dioceses, eparchies and parishes are notexempt from filing as a church or a convention or association of churches, regardless of thenature and extent of the control the diocese, eparchy or parish has over the separatelyorganized ministry or other activity.The following examples illustrate the provisions of this section.Example: Parish and Parish SchoolParish A is in the USCCB group ruling. It operates Catholic School X, whichprovides education through a general academic program to children fromkindergarten through 8th grade. Catholic School X has a school building andemployees, but it is not separately incorporated and does not otherwise have aseparate civil legal existence under state law from Parish A, although it doeshave its own employer identification number, or EIN. Catholic School X is anactivity of Parish A, is covered by Parish A’s filing exemption as a church undersection 6033(a)(3)(A)(i). Catholic School X must still comply with RevenueProcedure 75-50. 8 See Racial Nondiscrimination Policy, below.Example: Parish and Separately Incorporated Parish SchoolParish B is in the USCCB group ruling. It operates Catholic School Y, whichprovides education through a general academic program to children fromkindergarten through 8th grade. Catholic School Y is separately incorporated as anonprofit corporation under the law of State, and so has a separate civil legalexistence from Parish B. Catholic School Y is not covered by Parish A’s filingexemption as a church under section 6033(a)(3)(A)(i). However, Catholic SchoolY may nevertheless be exempt from having to file an annual information return.See Schools Affiliated with a Church or Operated by a Religious Order, below.Example: Diocese and Diocesan Support OrganizationDiocese is in the USCCB group ruling. It operates Diocesan Support Organization(“DSO”), which holds legal title to certain real and personal property. DSO isorganized and operated exclusively for the benefit of Diocese, which supervisesand controls DSO. DSO is a section 509(a)(3) Type I Supporting Organization.DSO is separately incorporated as a nonprofit corporation under the law of State,religious services; (13) Sunday schools for religious instruction of the young; and (14) schools for the preparation ofits ministers.81975-2 CB 587 (1975).4Annual Filing Requirements for Catholic Organizations – USCCB Office of General Counsel

and so has a separate civil legal existence from Diocese. DSO is not covered byDiocese’s filing exemption as a church under section 6033(a)(3)(A)(i). However,DSO may nevertheless be exempt from having to file an annual informationreturn, depending on the facts-and-circumstances. See Integrated Auxiliaries,below.Example: Diocese and Single Member Limited Liability CompanyDiocese is in the USCCB group ruling. It is the sole member and owner of SingleMember Limited Liability Company (“SMLLC”), which holds legal title to realproperty previously owned by Diocese. SMLLC is not included in the USCCBgroup ruling in its own right, but rather is a disregarded entity for federal incometax purposes and is exempt from tax as a part of Diocese. SMLLC is covered byDiocese’s filing exemption as a church under section 6033(a)(3)(A)(i). However,if SMLLC claims tax exempt status in its own right by filing a Form 990/EZ/N,filing a Form 1023 or 1023-EZ or requesting inclusion in the USCCB group ruling,the result would be the same as in Example: Diocese and Diocesan SupportOrganization.Disregarded EntitiesThe above example illustrates that a ministry or activity can be in a separate legal form, but stillbe deemed a part of its owner for federal income tax purposes, including classification of theentity under Section 6033. For purposes of employment and certain excise taxes, however, adisregarded entity is treated as a separate entity. 9 The ministry or activity would need to be aseparate “eligible entity,” usually a single member limited liability company or anunincorporated association with a single owner.10 In order to be disregarded, the entity cannotelect to be treated as separate from its owner, 11 such as by filing a Form 8832, EntityClassification Election, with the IRS, 12 and must not be deemed to elect to be treated asseparate from its owner. 13 An organization is deemed to have made that election if it has been“determined to be” or “claims to be” exempt from tax under Section 501(a). The IRS hasinterpreted this to include filing a Form 1023 or a Form 990. 14 Organizations that have9Treas. Reg. § 301.7701-2(c)(2)(iv); see also Instructions for Form 990 Return of Organization Exempt From IncomeTax, Appendix F (2013).10An “eligible entity” is one that can elect its classification, i.e., if it is a business entity not automatically classifiedas a corporation. Treas. Reg. § 301.7701-3(a). Entities not eligible to be treated as disregarded under Treas. Reg.301.7701-3 include trusts and incorporated entities. Treas. Reg. § 301.7701-2(a), (b)(1).11Treas. Reg. § 301.7701-3(b)(1).12Treas. Reg. § 301.7701-3(c)(1).13Treas. Reg. § 301.7701-3(c)(1)(v)(A).14McCray, Richard A. and Ward L. Thomas, Limited Liability Companies as Exempt Organizations – Update, FY 2001IRS Exempt Organizations Technical Instruction Program. See also Treas. Reg. § 1.6033-2(c)(2)(iv), which requiresthat an organization “claiming” exempt status file a Form 990, 990-EZ or 990-N prior to “establishing” exemptstatus, which the regulation equates with being recognized by the IRS as exempt.5Annual Filing Requirements for Catholic Organizations – USCCB Office of General Counsel

requested inclusion in the USCCB group ruling also have claimed to be exempt insofar as beingrecognized as exempt as part of a group ruling is equivalent to filing a Form 1023. 15Example: Dioceses and State Catholic ConferenceDiocese A and Diocese B are both in the USCCB group ruling. They jointly controlState Catholic Conference Y (“SCC”), which operates as the official public policyvoice on matters of interest to the Catholic Church in State. SCC is operated as ajoint activity of Diocese A and Diocese B, but it is not separately incorporatedand does not otherwise have a separate civil legal existence under state lawfrom Diocese A and Diocese B, although it does have its own employeridentification number, or EIN. The activities of SCC (which in effect are activitiesof the dioceses) are covered by Diocese A’s and Diocese B’s filing exemptions aschurches or conventions or associations of churches under section6033(a)(3)(A)(i).Example: Dioceses and Separately Incorporated State Catholic ConferenceDiocese C and Diocese D are both in the USCCB group ruling. Both dioceses aremembers of and control State Catholic Conference Z (“SCC”), which operates asthe official public policy voice on matters of interest to the Catholic Church inState. SCC is separately incorporated as a nonprofit corporation under the lawof State, and so has a separate civil legal existence from the dioceses. SCC is taxexempt under section 501(a) and described in section 501(c)(4) as a socialwelfare organization. SCC is not covered by Diocese C’s and Diocese D’s filingexemptions as churches or conventions or associations of churches undersection 6033(a)(3)(A)(i). As a 501(c)(4) organization, it is required to file Form990/EZ/N.This example illustrates the principal that an organization that is not described in section501(c)(3) cannot claim a filing exemption as a church or convention or association of churchesunder section 6033(a)(3)(A)(i).Schools Affiliated with a Church or Operated by a Religious OrderThere is a regulatory filing exemption for schools that are affiliated with a church or operatedby a religious order. 16 For this filing exemption to apply, the organization must be aneducational organization (below college level) that is described in section 170(b)(1)(A)(ii). Allorganizations described in 170(b)(1)(A)(ii) are educational, but not all educational organizationsare described in 170(b)(1)(A)(ii). An educational organization is described in section1516See Treas. Reg. § 1.508-1(a)(3)(i)(c).Treas. Reg. § 1.6033-2(g)(1)(vii).6Annual Filing Requirements for Catholic Organizations – USCCB Office of General Counsel

170(b)(1)(A)(ii) if its primary function is the presentation of formal instruction and it has (1) aregularly scheduled curriculum, (2) a regular faculty of qualified teachers, (3) a regularlyenrolled student body, and (4) facilities where its educational activities are regularly carriedon. 17In addition to being described in section 170(b)(1)(A)(ii), the school must be of a generalacademic nature below college level, that is affiliated with a church or operated by a religiousorder. A school included in the USCCB group ruling that otherwise meets these requirementswill automatically be considered “affiliated with a church” by virtue of its inclusion in the groupruling.18Racial Nondiscrimination PolicyAll private schools in section 501(c)(3), including Catholic schools, must avoid racialdiscrimination in both policy and practice, and must comply with policy publicationrequirements as set forth in Revenue Procedure 75-50. 19 Therefore, all Catholic schoolsincluded in the group ruling must comply with the requirements of Rev. Proc. 75-50 and mustmake annual certification of compliance with those requirements. A private school that doesnot have a racially nondiscriminatory policy as to students does not qualify for exemption.20 Aschool is an educational organization described in § 170(b)(1)(A)(ii), and includes preschools,primary, secondary, preparatory, or high schools, and colleges and universities, whetheroperated as a separate legal entity or as an activity of a church or other organization describedin section 501(c)(3).Under Rev. Proc. 75–50, a school must show affirmatively that it— has adopted a racially nondiscriminatory policy as to students, i.e., include a statementin its charter, bylaws, or other governing instrument, or in a resolution of its governingbody, that it has a racially nondiscriminatory policy as to students and therefore doesnot discriminate against applicants and students on the basis of race, color, and nationalor ethnic origin; is operating under a racially nondiscriminatory policy as to students; and has made this policy known to all segments of the general community served by theschool.Therefore, there is a requirement to adopt a policy, operate in accord with that policy, andpublish it.17Treas. Reg. § 1.170A-9(c)(1); see also Rev. Rul. 69-492, 1969-2 CB 36; PLR 200817045.Treas. Reg. § 1.6033-2(h)(2)(i).191975-2 C.B. 587; see Rev. Rul. 75-231, 1975-1 C.B. 158.20See Rev. Rul. 71–447, 1971–2 C.B. 230.187Annual Filing Requirements for Catholic Organizations – USCCB Office of General Counsel

Statement of Nondiscriminatory PolicyEvery school must adopt a statement of nondiscriminatory policy, and then include it in all itsbrochures and catalogues dealing with student admissions, programs, and scholarships, andpublish it annually. A school adopts a statement of policy by including it in its charter, bylaws,or other governing instrument. If a school is not separately incorporated from its parish ordiocese, it may not have such a governing instrument. In that case, the policy can be formallyadopted by a resolution of the parish or diocese (i.e., the governing body) that it has a raciallynondiscriminatory policy as to students and therefore does not discriminate against applicantsand students on the basis of race, color, and national or ethnic origin.A statement substantially similar to the following is acceptable for this purpose:St. Mary’s School admits students of any race, color, national and ethnic origin toall the rights, privileges, programs, and activities generally accorded or madeavailable to students at the school. It does not discriminate on the basis of race,color, national and ethnic origin in administration of its educational policies,admissions policies, scholarship and loan programs, and athletic and otherschool-administered programs.Further, every school must include a reference to its racially nondiscriminatory policy in otherwritten advertising that it uses as a means of informing prospective students of its programs.The following is an example of an acceptable reference:St. Mary’s School admits students of any race, color, and national or ethnicorigin.Annual Publication of the PolicyThe annual “publication” requirement can be met in several ways:i.ii.If 75% of the students for the preceding three years are Catholic, the school may publishits policy in a diocesan or parish newsletter, unless the school advertises in newspapersof general circulation.21 In addition, a statement of diocesan policies for all schoolswithin a diocese may be included in the official diocesan newspaper with a listing of thenames of the schools within the diocese that comply with the policy; 22 orIf a school draws its students from local communities and has a raciallynondiscriminatory policy, and the school can demonstrate that it currently enrollsstudents of minority groups in meaningful numbers, the school may satisfy its21See Sec. 4.03(2)(a) of Rev. Proc. 75-50.The IRS approved this approach in a letter to the predecessor of the United States Conference of CatholicBishops on March 10, 1976.228Annual Filing Requirements for Catholic Organizations – USCCB Office of General Counsel

iii.publication requirement by including its statement of its policy as to students in all itsbrochures and catalogues dealing with student admissions, programs, andscholarships; 23 orA school not described in (i) or (ii) may be required to publish its policy in a newspaperof general circulation, or by using broadcast media, unless it draws a substantialpercenta

Mar 01, 2015 · Form 990, Return of Organization Exempt From Income Tax, is an “information return,” as distinguished from an income tax return. Form 990-EZ, Short Form Return of Organization Exempt from Income Tax, is also an information return. Organizations do not report or pay tax with a