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IRS Filing Regulations for Candidates and Committees

Last updated 6/19/02

NOTE: Information on this page comes from the
IRS Website.

Filing Requirements for Political Organizations

A new law (P.L. 106-230) imposes three different reporting and disclosure requirements on section 527 organizations:

Voluntary Compliance Program to Promote Disclosure

On May 2, 2002, the IRS announced a voluntary compliance program to promote disclosure by political organizations (as described in Internal Revenue Code section 527) that file certain forms by July 15, 2002. For additional information, please see News Release 2002-57, Notice 2002-34 and Fact Sheet 2002-11. FAQs regarding Notice 2002-34 are also available.

The political organization must have its own employer identification number (EIN), even if it does not have any employees. To get an EIN, an organization must file Form SS-4, Application for Employer Identification Number. See the Form SS-4 Instructions for more information about how and where to file. For additional information regarding EINs, please see Publication 1635, Understanding Your EIN.

Initial Notice

The new law requires that a political organization notify the IRS both electronically and in writing that the organization is to be treated as a section 527 organization. To notify the IRS, the organization must file Form 8871, Political Organization Notice of Section 527 Status. Click here to access the Form 8871 filing site.

Any organization required to report to the Federal Election Commission as a political committee does not have to file Form 8871. Additionally, any organization which reasonably anticipates that it will have less than $25,000 in gross receipts for any taxable year is excepted from these new disclosure requirements. To search for and view notices filed with the IRS under § 527, see Notices and Reports.

Periodic Reports

The new law also generally requires section 527 political organizations to file periodic reports with the IRS. Political organizations that are not required to file Form 8871 and state and local candidate and party committees are not required to file these periodic reports. All other political organizations are required to report the names and addresses (and occupation and employer if an individual) of all persons who contribute $200 or more after July 1, 2000, and of all persons receiving expenditures of $500 or more after July 1, 2000. The report is filed on Form 8872.

For further information about the filing requirements, see the instructions for Form 8872. Organizations have the option of filing Form 8872 electronically. To search for and view reports filed with the IRS under § 527, see Notices and Reports.

Annual Returns

Finally, the new law expands the annual filing requirements for Form 1120-POL. Currently, organizations with taxable income in excess of the $100 specific deduction must file Form 1120-POL. Under the new law organizations with gross receipts of $25,000 or more for taxable years beginning after June 30, 2000 will also have to file Form 1120-POL.

All political organizations with gross receipts of $25,000 or more for taxable years beginning after June 30, 2000, will be required to file Form 990. Certain small political organizations may file Form 990-EZ instead. See the Form 990 Instructions for more information. Political organizations that receive contributions of $5,000 or more from any one contributor will be required to include Form 990 Schedule B with their return.

For more information about the filing requirements, see Revenue Ruling 2000-49, Rev. Rul. 2000-49, 2000-44 I.R.B. 430.

FAQs regarding the Annual Form Filing Requirements are also available.

Disclosure

All of these notices, reports, and returns are to be made publicly available by the IRS and by the organization. Penalties are provided for failure to comply with these requirements. For more information, see our frequently asked questions, the final regulations published in Internal Revenue Bulletin 1999-17, or download Disclosure Requirements. To view notices and reports filed with the IRS under § 527, see Notices and Reports.

For more information about these disclosure requirements, please contact the IRS Exempt Organizations Customer Service Unit.

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