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Introduction

SECTION 10. EXEMPT

Internal Revenue Bulletin 2005-20 · 2026-10-03 edition · updated 2026-10-04 · United States

ORGANIZATION ISSUES

Statute or Regulation Act Postponed
1. Sec. 501(h) Under section 501(h), certain eligible 501(c)(3) organizations may elect on Form
5768,_ Election/Revocation of Election by an Eligible Sec. 501(c)(3) Organization_
to Make Expenditures to Influence Legislation, to have their legislative activities
measured solely by expenditures. Form 5768 is effective beginning with a taxable
period, provided it is filed before the end of the organization’s taxable period.
2. Sec. 505(c)(1) An organization must give notice by filing Form 1024,_ Application for Recognition_
of Exemption Under Section 501(a) or for Determination Under Section 120,
to be recognized as an organization exempt under section 501(c)(9) or section
501(c)(17). Generally, if the exemption is to apply for any period before the giving
of the notice, section 505(c)–1T, Q&A–6, of the regulations requires that Form
1024 be filed within 15 months from the end of the month in which the organization
was organized.
3. Sec. 508 and Treas. Reg.
§ 1.508–1
A purported section 501(c)(3) organization must generally file Form 1023,
Application for Recognition of Exemption, to qualify for exemption. Generally,
if the exemption is to apply for any period before the giving of the notice, the
Form 1023 must be filed within 15 months from the end of the month in which
the organization was organized.

2005–20 I.R.B. 1063 May 16, 2005

Statute or Regulation Act Postponed
4. Sec. 527(i)(2) Certain political organizations shall not be treated as tax-exempt section 527
organizations unless each such organization electronically files a notice (Form 8871,
Political Organization Notice of Section 527 Status) not less than 24 hours after the
date on which the organization is established, or, in the case of a material change in
the information required, not later than 30 days after such material change.
5. Sec. 527(j)(2) Under section 527(j)(2), certain tax-exempt political organizations that accept
contributions or make expenditures for an exempt function under section 527
during a calendar year are required to file periodic reports on Form 8872,_ Political_
Organization Report of Contributions and Expenditures, beginning with the first
month or quarter in which they accept contributions or make expenditures, unless
excepted. In addition, tax-exempt political organizations that make contributions or
expenditures with respect to an election for federal office may be required to file
pre-election reports for that election. A tax-exempt political organization that does
not file the required Form 8872, or that fails to include the required information,
must pay an amount calculated by multiplying the amount of the contributions or
expenditures that are not disclosed by the highest corporate tax rate.
6. Sec. 6033(g)(1) and Treas.
Reg. § 1.6033–2(e)
Annual information returns, Forms 990,_ Return of Organization Exempt From_
Income Tax, of certain tax-exempt political organizations described under section
527 must be filed on or before the 15th day of the 5th month following the close of
the taxable year.
7. Sec. 6072(e) and Treas. Reg.
§ 1. 6033–2(e)
Annual returns of organizations exempt under section 501(a) must be filed on or
before the 15th day of the 5th month following the close of the taxable year.
8. Rev. Proc. 80–27,
Section 6.01
The central organization of a group ruling is required to report information
regarding the status of members of the group annually (at least 90 days before the
close of its annual accounting period).

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