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990-T Require efile for public universities

Belztaxes
Level 1

So I have a 990-T that is required to be efiled for 2020.  However, the software is requiring an exemption status code to be entered in Section B.  This public university is not tax exempt under a 501c3 (its a state school) and has never received an exemption.  Section B of the IRS instructions indicates if that is the case, nothing is to be entered in Section B.  Has anyone found a work around for this?  I cannot be in compliance with the IRS if the software isn't giving me another option?  Thanks in advance.

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4 Comments 4
sjrcpa
Level 15

So, under what section is it tax-exempt?


Ex-AllStar
Belztaxes
Level 1

They don't have an exemption number or status.  When paper filed, we would also indicate 115(A) but that isn't an option in the software.  Not all universities get their exemption status but they are defaulted based on IRS standards for educational organizations.  There is also no group exemption number.

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sjrcpa
Level 15

So, under what IRC Section are they exempt?

Some orgs do not need to apply for exemption but are nonetheless exempt, i.e churches.


Ex-AllStar
qbteachmt
Level 15

A public school (including a university as part of the State) under a governmental entity makes it exempt under section 115, but that doesn't preclude them from obtaining a 501(c)(3) status for individual reporting needs. Otherwise, their reporting is to their school system or to their "owner" such as County or State or School District.

https://www.law.cornell.edu/uscode/text/26/115

I remember we went around and around on this issue in the previous tax year:

https://proconnect.intuit.com/community/proseries-tax-discussions/discussion/mandatory-efile-form-99...

 

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