The organization had engaged a third party professional to prepare and file its Form 1023 application for recognition of exemption under section 501(c)(3). The preparer erroneously checked the incorrect box, classifying the organization as a private foundation rather than a public charity. Due to the misclassification, the organization was unable to file a Form 990-N for the 2020 tax year (and prior years) and became delinquent due to its failure to file a Form 990-PF for such years. The organization has since retained nonprofit counsel to correct the aforementioned error. Through counsel, the organization recently filed a Form 8940 request for miscellaneous determination to classify the organization as a public charity retroactive to its date of incorporation which is 7/21/2018. Form 8940 is pending processing. Upon advice of the IRS, the organization is filing this Form 990-PF in the interim to cure its current delinquency. Once the organization receives determination of its public charity status, the organization will re-file with a Form 990-N. the organization did not act willfully with respect to its failure to comply with the annual filing requirements and further, At all times, the organization's board exercised ordinary business care and prudence in retaining professionals to assist with its legal and tax compliance. For these reasons, the organization respectfully request abatement of the penalty imposed pursuant to Internal Revenue Code Section 6652(c).
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