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INDEX OF LAWS INDEX OF LAWS

NOTE: THIS PAGE ALSO NOTES PERIODIC FILINGS THAT MAY BE QUARTERLY OR MONTHLY

 

 

IRS Financial Report or Postcard

Employee Filings

 

Corporation Annual Update

Charitable Solicitation License Renewal

Charitable Trust Financial Report

Employee Filings

Sales Tax

Special Program License Renewals






 

IRS Financial Report or e-Postcard

 

Even though a charity has been exempted by the IRS from taxes, the charity must still file annually with the IRS. The filing date for all financial filings is the 15th day of the 5th month following the end of the charity's fiscal year.  Here are the filing thresholds and the forms that must be filed, with links to each form or information about the form.

 

NOTE: Because the IRS is phasing in a newly revised Form 990, the filing thresholds will change each year until the new form is fully implemented in 2010. The thresholds below are for fiscal years with beginning dates after December 31, 2006 and before January 1, 2008. For filing thresholds for the 2008, 2009 and 2010 fiscal years, go to the charities section of the IRS website.

 

 Public Charities

Gross receipts for the fiscal year: File Form:
Less than $25,000 990-N (E-Postcard)*
$25,000 or more, but less than $100,000 

990-EZ (Instructions), Schedule A (Instructions), other Schedules, as required

 

Gross receipts $100,000 or more  Form 990 (Instructions), Schedule A (Instructions), and other Schedules and forms, as required

 

IMPORTANT: The e-Postcard for small organizations is a new requirement starting with fiscal years that have beginning dates after December 31, 2006. Information on filing the 990-N is found on the IRS website. If a charity fails to file this new form for three years, it will lose its tax exempt status.

 

Private Foundations

Private foundations must file IRS Form 990-PF (Instructions). Private foundations must file annually with the IRS even if they hold no assets. Under IRS rules, a copy of the 990-PF must be sent to the state Attorney General's office. Most private foundations will have two reasons to send a copy of the 990-PF to the Attorney General's office -- following the IRS rule and fulfilling the annual reporting requirement of charitable trust registration.

 

For more information about filing requirements, including extension requests, go to the IRS Rules page of this website.

 

OTHER SCHEDULES & FORMS:

 

Schedule B

Most charities will also need to file Schedule B, Schedule of Contributors. This Schedule is exempt from public disclosure for public charities; however private foundations must disclose Schedule B.

 

990-T

Some organizations may need to file this form. The general rule is that a charity that has unrelated business income of $1,000 or more during the fiscal year is subject to payment of Unrelated Business Income Tax (UBIT). For discussions about what is considered unrelated business income and who must file the form, go to Form 990-T (Instructions), the article on the IRS website that discusses Special Rules, and Publication 598.

 

Forms 5227 & 1041-A

IRS Forms 5227 (Instructions) and 1041-A are annual filings for split-interest trusts (charitable lead trusts and charitable remainder trusts). For more information, go to the Trust page of this website.

 

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Employee Filings

 

For information on periodic reporting requirements for employees, refer to the Employment Laws page of this website and follow links to the U. S. Department of Labor Compliance Guides. There is also a chart in The Michigan Nonprofit Management Manual that is available for sale at the online bookstore page of the MNA's website.

 

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Corporation Annual Update

 

Every Michigan nonprofit corporation must file an Annual Information Update by October 1 each year. In August, the Corporation Division sends the form to each nonprofit corporation at the mailing address the Corporation Division currently has on file for the organization.  The form must be completed and returned by October 1, along with a filing fee.  This form asks if there are any changes in information (resident agent, registered address, board members). This form is no longer available on the Corporation Division website because each form bears an identifying bar code that is specific to the corporate entity. If the corporation does not receive the form in the mail or cannot locate it, call the Corporation Division at 517-241-6470. It is important to keep the Corporation Division informed of any address changes so the form can be sent to the appropriate person or office.

 

If a corporation's annual filing is more than two years late, the corporation will be automatically dissolved by the Corporation Division.  The corporation will then need to file a Form 525, CERTIFICATE OF RENEWAL OF CORPORATE EXISTENCE, along with any missed annual filings and filing fees, plus a penalty for each late filing.

 

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Charitable Solicitation License Renewal

 

The charitable solicitation license expires each year approximately seven months following the end of the organization's fiscal year.  You will be notified of the expiration date when you receive notice that the Charitable Trust Section has approved the license application.  Make a note of this date.

 

The renewal application must be submitted to the Charitable Trust Section 30 days prior to the expiration of the license.  The renewal form is the same as the initial application form, the Application for License to Solicit Donations. For more information on procedures used by the Charitable Trust Section go to the charity page of the attorney general's website. You can also find information on the instructions for the Application for License to Solicit Donations.

 

If the charity needs more time to prepare the financial information and is unable to file a renewal application 30 days prior to the license expiration date, a letter should be sent to the Charitable Trust Section requesting a 90-day extension of the license. A second 90-day extension can be requested by sending a copy of the IRS Form 8868 that was filed with the IRS requesting a second extension.

 

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Charitable Trust Financial Report

 

Charities that are registered as charitable trusts with the Attorney General's Charitable Trust Section must file a financial accounting with the Charitable Trust Section six months following the end of each financial year. The reporting requirement may be fulfilled by submitting a copy of the organization's IRS 990, 990-EZ, 990-PF, a bank trust accounting, or a treasurer's report that includes a statement of income and expenses and a balance sheet. Very small organizations that have less than $25,000 in annual gross receipts AND hold less than $100,000 in assets may request a waiver of the annual reporting by calling the Charitable Trust Section at 517-373-1152 and requesting a waiver form. The waiver may be requested only after the organization has completed registration and filed at least one financial report.

 

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Employee Filings

 

For information on periodic reporting requirements for employees, refer to the Employment Laws page of this website. There is also a chart in The Michigan Nonprofit Management Manual that is available for sale at the online bookstore page of the MNA's website.

 

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Sales Tax

 

To register to pay sales tax on items sold and determine how frequently payments must be made, go to the Michigan Department of Treasury website.

 

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Special Program License Renewals

 

If the charity operates any programs that are subject to licensing or permits, or if any staff members are required to maintain a license or professional status, put procedures in place to ensure these are renewed as required. You may want to scan through the list of requirements on the Index of Laws page, keeping in mind that the list may not include every requirement that applies to your organization.

 

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