Ashby Wildlife Foundation, a Section 501(c)(3) public charity on a calendar year, sells advertising space in its quarterly magazine to commercial firms and runs a public car park that is unrelated to its exempt purpose. For 2024 these unrelated activities produced 14,000 dollars of gross income from the combined operations. The foundation's exempt-function income and its annual Form 990 filing are handled separately. The treasurer asks whether a separate return is needed for the unrelated income and, if so, which one. Which return must Ashby file to report and pay tax on the unrelated business income for 2024?
- AForm 990, Return of Organization Exempt From Income Tax, because unrelated business income is reported only on the organisation's annual information return and no separate return exists.
- BForm 1120, U.S. Corporation Income Tax Return, because unrelated business income is taxed exactly like a taxable corporation's income on the standard corporate return.
- CForm 990-N (e-Postcard), because the small amount of unrelated income may be reported electronically without filing a full unrelated business income tax return.
- DForm 990-T, Exempt Organization Business Income Tax Return, because an exempt organisation with 1,000 dollars or more of gross income from an unrelated trade or business must file it in addition to its annual information return. Correct
Why A is wrong: Form 990 reports the organisation's overall activities for information purposes but does not compute or pay the unrelated business income tax; a separate Form 990-T is required, so claiming no separate return exists is wrong.
Why B is wrong: Although the unrelated income is taxed at corporate rates, an exempt organisation reports it on the dedicated Form 990-T rather than the ordinary Form 1120, so naming the standard corporate return is the wrong form.
Why C is wrong: Form 990-N is only a small-organisation information notice and cannot report or pay tax on unrelated business income, so it does not satisfy the duty to file Form 990-T once the 1,000 dollar gross income test is met.
Why D is correct: An exempt organisation that has gross income of 1,000 dollars or more from an unrelated trade or business must file Form 990-T to report and pay the unrelated business income tax, and this filing is separate from the annual Form 990 information return.