Rev. Rul. 54-393

Advice is requested whether an organization claiming exempt status under the provisions of section 101 of the Internal Revenue Code of 1939 is required to file an annual information return on Form 990 or Form 990-A prior to establishment of exempt status under the provisions of section 39.101-1 of Regulations 118.

The Internal Revenue Service does not require the filing of an information return prior to the establishment of exempt status by the organization concerned. In any case in which an organization files an information return prior to the establishment of exempt status, the District Director will return it to the organization together with an appropriate exemption application and a request that such exemption application be completed and returned to his office.

The mere claim or contention by an organization that it is exempt from Federal income tax under section 101 of such Code does not relieve that organization of filing Federal income tax returns and paying the tax. The original due date for filing a return and paying tax may occur before an organization has received a ruling or determination letter from the Service granting exempt status. In such a case, in lieu of filing a return and paying the tax, the organization may request an extension of time for performing those acts.

A request for an extension of time for filing an income tax return must be made in accordance with the provisions of Mim. 6157, C.B. 1947-2, 64, or Rev. Rul. 54-86, C.B. 1954-1, 79. A request for an extension of time for payment of the tax must be made in accordance with the provisions of section 39.56-2 of Regulations 118.

An organization which has established its exempt status with the Internal Revenue Service is required to file an information return on Form 990 or 990-A, annually, unless specifically excepted under section 54(f) of such Code, on or before the 15th day of the fifth full month following the close of its annual accounting period, beginning with the first of such dates that falls after the exemption letter is issued by the Service.

For information regarding the return forms required to be filed in the case of a cooperative association exempt under section 101(12) or a religious or apostolic association or corporation exempt under section 101(18), see section 39.101-1(e) of Regulations 118.