On August 8, the IRS released a new one page Form 8940, Request for Miscellaneous Determination, to obtain advance approval on certain activities. The form can be used to make requests for:
- Advance approval of certain private foundation set-asides.
- Advance approval of private foundation voter registration activities.
- Advance approval of private foundation scholarship procedures.
- Exemption from Form 990 filing requirements.
- Advance determination that a potential grant or contribution is an unusual grant, excluded from certain public support calculations.
- Change in (or initial determination of) type of Section 509(a)(3) supporting organization.
- Reclassification of foundation status, including a voluntary request from a public charity for private foundation status.
- Termination of private foundation status under Section 507(b)(1)(B) (advance ruling request).
- Termination of private foundation status under Section 507(b)(1)(B) (60-month period ended).
- The form comes with instructions and requests certain information to support the nine types of requests that can be submitted. A user fee must accompany many of the requests for a determination. See IRS website.
What’s Not Covered
Organizations applying for recognition of 501(c)(3) tax-exempt status, will still file Form 1023 and can at the same time request an advance approval of scholarship procedures or an exception from filing Form 990.