New York Codes, Rules and Regulations › Title 13 - DEPARTMENT OF LAW › Chapter V - CHARITABLE USES AND PURPOSES › Part 91 - CHARITABLE ORGANIZATIONS › Section 91.5 - Annual filing

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Registration types.
Charitable organizations registered with the Attorney General
				  pursuant to article 7-A or the EPTL or both shall file with the Attorney
				  General annually, pursuant to their registration type, as defined in section
				  91.2   of this Part, and according to the following
				  instructions.
(b)
Annual filing.
Charitable organizations registered with the Attorney General
				  are required to file annually with the Charities Bureau. In any reporting
				  period where the organization's finances exceed certain thresholds, the
				  organization must submit a detailed financial report and a filing fee, as
				  described in subdivisions (c) and (d) of this section. In any reporting period
				  where the organization's finances do not exceed certain financial thresholds,
				  however, the organization may use the annual filing form to claim exemption
				  from the annual report requirement and submit that annual filing without
				  additional information, attachments or fees, as described in subdivision (e) of
				  this section.
(c)
What
				documents to submit.
The following documents constitute a complete annual filing
				  for a charitable organization:
(1)
				CHAR500 (annual filing for charitable organizations) or a successor form, which
				shall include identifying and contact information, annual report exemption
				claim information (see subdivision [e] of this section) and information
				regarding the submission of schedules required under article 7-A.
(2) CHAR500 article 7-A schedules.
(i) Schedule 4a (professional fund raisers
				[PFR], fund raising counsels [FRC], commercial co-venturers [CCV]) or a
				successor form schedule is required for organizations that contracted with or
				used the services of a PFR, FRC or CCV for fund raising activity in New York
				State during the reporting period and shall indicate the type of fund raising
				professional, as defined in article 7-A section 171-a, and include contact
				information and information regarding the services provided, terms of the
				contract and fees paid.
(ii)
				Schedule 4b (government contributions [grants]) or a successor form schedule is
				required for organizations that received a contribution or grant from a
				government agency during the reporting period and shall include the name of
				each agency from which contributions were received and the amount of each
				contribution.
(iii) Schedule EDS
				(Electioneering Disclosure Schedule) or a successor form is required for
				covered organizations that must file such form pursuant to section 91.6   of this
				Part.
(3) CHAR500
				attachments.
(i) All organizations that do not
				claim annual report exemptions for all laws under which they are registered, as
				described in subdivision (e) of this section, must include a copy of the
				following IRS forms with their submission of the CHAR500, regardless of whether
				such IRS forms are submitted or required to be submitted to the IRS:
(a) a copy of the complete IRS form 990,
				990-EZ or 990-PF with schedules; and
(b) a copy of the complete IRS form 990-T, if
				applicable.
(ii)
				Organizations with article 7-A and dual registration types, as defined in
				section 91.2   of this Part, that are not claiming the article 7-A annual report
				exemption, as described in subdivision (e) of this section, and whose total
				support and revenue for the reporting period exceed $100,000 must include
				additional attachments according to the following schedule:
(a) a copy of an independent accountant's
				review report and financial statements with accompanying notes prepared in
				accordance with generally accepted accounting principles (GAAP), if total
				support and revenue for the reporting period is more than $100,000 but less
				than $250,000;
(b) a copy of an
				independent accountant's audit report and financial statements with
				accompanying notes prepared in accordance with GAAP, if total support and
				revenue for the reporting period is more than $250,000.
(iii) Organizations with article 7-A and dual
				registration types whose financial information is included in a consolidated
				certified public accountant's audit or review report may file such consolidated
				audit or review report with its annual financial report in lieu of filing a
				separate audit or review report for the registrant alone, as long as such
				consolidated audit or review report includes or attaches supplemental schedules
				containing the following:
(a) a statement of
				financial position for each consolidated entity; and
(b) a statement of activities for each
				consolidated entity; and
(c)
				consolidating adjustments.