procedures for filing tax returns, monitoring filing deadlines, and managing a trained staff to administer the tax filing system. On August 17, 2021, the Exempt Organizations Rulings & Agreements (EO R&A) office issued an Interim Guidance memorandum, Updated Procedures Relating to Direct Contact (PDF) in the Determination Process, to its employees regarding procedures those employees should use when contacting entities that are applying for tax-exempt status.
The memo notes that the following procedures apply to further ensure taxpayers' effective participation in the exempt organization determinations process, to promote consistency in determinations procedures across TE/GE, and to clarify the Division's processes when the taxpayer authorizes a representative to assist. The memo stipulated the following steps the IRS personnel should follow in assisting tax filers.
If an organization does not submit a Form 2848 (Power of Attorney and Declaration of Representative) with its application for recognition of tax-exempt status or during case processing, contact the primary contact person listed on the application to discuss issues or items in the application, to follow up on Letters 1312 requesting additional information, and to otherwise discuss determinations such as for a potentially adverse case (i.e., for all telephone inquiries) as currently described in Internal Revenue Manual (IRM) 7.20.1.6.
If an organization submits a valid Form 2848 with its application for recognition of tax-exempt status or during case processing, IRS specialists will contact the authorized representative listed on the Form 2848 to discuss issues or items in the application, to follow up on Letters 1312 requesting additional information, and to otherwise discuss determinations such as for a potentially adverse case (i.e., for all telephone inquiries), except as listed below.In the situations below, a specialist should contact the primary contact person listed on the application as currently described in IRM 7.20.1.6.
1 [If] Specialist cannot make contact with the authorized representative listed on Form 2848 within five business days of the initial attempt to contact the authorized representative. The specialist should confirm the authorized representative, the authorized representative's contact information, and preferences for future communications.
2 If the organization's primary contact, board member, officer, or other authorized person contacts the specialist directly, the specialist will discuss the application with that individual and confirm preferences for future communications.
If a Form 2848 or Form 8821 (Tax Information Authorization Form) is invalid and an additional information request is sent, a copy should be returned to the organization, explaining why the form is invalid. If no additional information is needed, a determination letter is prepared and sent to the organization. An additional information letter or determination letter is not sent to the person(s) designated on an invalid Form 2848 or 882.
To accomplish its job of “giving and taking away an organization's tax-exempt status,” the IRS receives and determines qualification for tax exemption for prospective nonprofit organizations that submit Form 1023 or 1024. A vast majority of other nonprofits qualifying 501(c) exempt entities are not required to file for approval. Their ongoing qualification, as well as those initially seeking and receiving approval, is monitored through the annual filing of Forms 990 that report their financial transactions and respond to countless questions about their mission, activities, persons in control, and importantly about program activities they conduct to accomplish their mission.
The IRS disseminates on the Internet and by release to tax and financial publications news about its activities, instructions for form preparation, and instructions for the vast array of rules that apply to a tax-exempt entity. Those who serve nonprofits with their accounting and legal talents and other skills regularly study IRS pronouncements. Beginning in January and throughout the year new rules and guidance and redesigned forms are issued. For example, on January 4, 2021, Internal Revenue Bulletin 2021-1 contained the following information:
ADMINISTRATIVE
Rev. Proc. 2021-1, page 1.
This procedure contains revised procedures for letter rulings and information letters issued by the Associate Chief Counsel (Corporate), Associate Chief Counsel (Employee Benefits, Exempt Organizations, and Employment Taxes), Associate Chief Counsel (Financial Institutions and Products), Associate Chief Counsel (Income Tax and Accounting), Associate Chief Counsel (International), Associate Chief Counsel (Passthroughs and Special Industries), and Associate Chief Counsel (Procedure and Administration). This procedure also contains revised procedures for determination letters issued by the Large Business and International Division, Small Business/Self Employed Division, Wage and Investment Division, and Tax Exempt and Government Entities Division. Rev. Proc. 2020-1 superseded.
Rev. Proc. 2021-2, page 116.
This procedure explains when and how an Associate office within the Office of Chief Counsel provides technical advice, conveyed in technical advice memoranda (TAMs). It also explains the rights that a taxpayer has when a field office requests a TAM regarding a tax matter. Rev. Proc. 2020-2 superseded.
26 CFR 601.105: Examination of returns and claims for refund, credit or abatement; determination of correct tax liability.
Rev. Proc. 2021-3, page 140.
The revenue procedure provides a revised list of areas of the Code under the jurisdiction of the Associate Chief Counsel (Corporate), the Associate Chief Counsel (Financial Institutions and Products), the Associate Chief Counsel (Income Tax and Accounting), the Associate Chief Counsel (Passthroughs and Special Industries), the Associate Chief Counsel (Procedure and Administration), and the Associate Chief Counsel (Employee Benefits, Exempt Organizations and Employment Taxes) relating to matters on which the Service will not issue letter rulings or determination letters. Rev. Proc. 2020-3, 2020-1 I.R.B. 131 is superseded.
26 CFR 601.201: Rulings and determination letters.
EMPLOYEE PLANS
Rev. Proc. 2021-4, page 157.
This document updates Rev. Proc. 2020-4, 2020-1 I.R.B. 148, relating to the types of advice the IRS provides to taxpayers on issues under the jurisdiction of the Commissioner, Tax Exempt and Government Entities Division, Employee Plans Rulings and Agreements, and the procedures that apply to requests for determination letters and private letter rulings.
EXEMPT ORGANIZATIONS
Rev. Proc. 2021-5, page 250.
This revenue procedure sets forth procedures for issuing determination letters on issues under the jurisdiction of the Director, Exempt Organizations (EO) Rulings and Agreements. Specifically, it explains the procedures for issuing determination letters on tax-exempt status (in response to applications for recognition of exemption from Federal income tax under § 501 or § 521 other than those subject to Rev. Proc. 2021-4, this Bulletin (relating to pension, profit-sharing, stock bonus, annuity, and employee stock ownership plans)), private foundation status, and other determinations related to exempt organizations. These procedures also apply to revocation or modification of determination letters. This revenue procedure also provides guidance on the exhaustion of administrative remedies for purposes of declaratory judgment under § 7428. Finally, this revenue procedure provides guidance on applicable user fees for requesting determination letters.
p. 14. Replace first two sentences in second paragraph with the following: Organizations not organized for profit,
