Form 990 is due on the 15th of the fifth month after the organization's fiscal year ends, with the option for a single six-month extension. Many tax-exempt organizations that cannot meet the May 15 deadline for filing Form 990 may request an automatic six-month extension using Form 8868, the Application for Extension of Time to File an Exempt Organization Return. The Form 990 disclosures do not require but strongly encourage nonprofit boards to adopt a variety of board policies regarding governance practices. These suggestions go beyond
Sarbanes-Oxley requirements for nonprofits to adopt
whistleblower and document retention policies. The IRS has indicated it will use the Form 990 as an enforcement tool, particularly regarding
executive compensation. For example, nonprofits that adopt specific procedures regarding executive compensation have a
safe harbor from excessive-compensation rules under section 4958 of the Internal Revenue Code and Treasury Regulation section 53.4958-6.
Fiduciary reporting According to section 1223(b) of the
Pension Protection Act of 2006, a nonprofit organization that does not file annual returns or notices for three consecutive years will have its tax-exempt status revoked as of the due date of the third return or notice. An organization's tax-exempt status may be reinstated if it can show reasonable cause for the years of not filing.
Who must file? Form 990 is required to be filed by most tax-exempt organizations under section 501(a). This includes organizations described by any of the subsections of Internal Revenue Code Section
501(c),
501(d) apostolic organizations, 501(e) cooperative hospital service organization, 501(f) cooperative service organizations of schools, 501(j) amateur sports organizations, 501(k) child care organizations, 501(n) charitable risk pools, and 4947(a)(1) nonexempt charitable trusts. Organizations described by any of these sections must file Form 990 even if the organization has not applied for a determination letter from the Internal Revenue Service. A tax-exempt organization with annual gross receipts of less than $200,000 and assets less than $500,000 has the option of filing a shorter alternative form, Form 990-EZ instead. For a tax-exempt organization that normally has gross receipts no more than $50,000 per year, the organization has the option to file a shorter alternative form, Form 990-N instead. A school below college level affiliated with a church or operated by a religious order may be exempt from the requirement to file Form 990.
Filing modalities The Form 990 may be filed with the IRS by mail or electronically with an authorized
IRS e-file provider, for all fiscal years that began before July 1, 2019. In accordance with the Taxpayer First Act of 2019, the Form 990 must be filed electronically, not by mail, for all fiscal years beginning on or after July 1, 2019. Transition of Form 990-EZ: For tax years ending July 31, 2021, and later, Forms 990-EZ must be filed electronically. Many nonprofits use specialized financial platforms such as Crowded to prepare and e-file Form 990. Financial operations platforms for nonprofits provide tools for centralized donation and expense tracking and generate Form 990 for IRS compliance. ==Penalties==