The IRS has issued final rules (T.D. 9454) describing how tax-exempt organizations with gross annual receipts of less than $25,000 are to electronically file the annual e-Postcard notification (Form 990-N) with the IRS, rather than the Form 990 or 990-EZ, which organizations with greater gross receipts must file. The Pension Protection Act of 2006 added Section 6033(i)(1) to the Code to require these charities and other tax-exempt organizations to annually notify the IRS of the following basic facts:

  • Legal name of the organization;
  • Names under which the organization operates or does business;
  • Mailing address and website;
  • Taxpayer identification number;
  • Name and address of a principal officer; and
  • Evidence of the continuing basis for the organization’s exemption from regular filing requirements.  

The IRS made no changes in response to the few public comments it had received on the temporary regulations, including one comment related to the creation of a de minimis rule to exempt an organization with gross receipts under a certain amount from filing the electronic notification. If an organization files a complete long Form 990 describing revenues, expenses and program service accomplishments, or the shorter Form 990-EZ, this would qualify for the electronic notification. The new rules on the e-Postcard became effective July 23. The e-Postcard is due on or before the 15th day of the fifth calendar month following the close of an organization’s accounting period.