Rev. Rul. 71-236

Pursuant to the authority contained in section 6081(a) of the Internal Revenue Code of 1954, the time for filing Part III of Form 990, Return of Organization Exempt From Income Tax, and Form 990-AR, Annual Report of Private Foundation, or equivalent, for taxable years beginning after December 31, 1969, by an organization that meets one of the tests contained in the next paragraph is hereby extended until:

1. Thirty days after the organization receives a final determination of its private foundation status under section 509 of the Code from the Internal Revenue Service; or,

2. Six months from the due date for filing these returns,

whichever occurs first.

This extension applies to an organization exempt from Federal income tax under section 501(c)(3) of the Code that meets one of the following tests:

1. The organization, on or before the date Form 990 is required to be filed, has filed Form 4653, Notification Concerning Foundation Status, without admitting to being a private foundation, and has not received a final determination of its private foundation status by the due date for filing Form 990; or,

2. The organization has submitted a statement in connection with Form 1023, Exemption Application, to the effect that it is not a private foundation, on or before the date Form 990 is required to be filed, and has not received a final determination of its private foundation status by the due date for filing Form 990.

The above extension does not apply to Parts I and II of Form 990. Therefore, an organization to which the above extension applies must file Form 990 by the due date for filing the return, and complete Parts I and II as required. Instead of completing Part III, or paying the four percent tax on its investment income pursuant to sections 4940 and 4948 of the Code, the organization may indicate at the top of page 3 of Form 990 that a final determination of its private foundation status is still pending.

If the organization is finally determined to be a private foundation, it must file an amended Form 990, with Part III completed, and pay any tax due as of the date Form 990 was due, with interest as provided by law. The organization will also be required to file Form 990-AR at that time, and publish notice of the availability thereof as required by section 6104(d) of the Code.

If an organization that has not requested a determination that it is not a private foundation fails, without reasonable cause, to complete Part III of Form 990, pay the four percent excise tax, or file Form 990-AR or the equivalent report and publish notice thereof, it may be liable for penalties arising from these omissions if it is subsequently determined to be a private foundation.

¹ Also released as Technical Information Release 1079, dated May 10, 1971.