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NY Form Instructions 990: What You Should Know
As a charitable organization, your organization usually must file Form 990, but you do not have to file Form 990, Return of Organization Exempt from Tax, if you are not required to do so by law, or if it is not legally required to file a return. The following documents should also be available with your organization's Form 990: Form 990, Return of Organization Exempt from Income Tax Return Schedule (for self-employment tax information). This tax return requires you to report the amount of exempt organizations' income or gain and the amount of its net losses. This schedule is used by the IRS to determine the amount of tax to be withheld from contributions for state and local income tax purposes. If you are using a Schedule B, then you must attach the information required under the table below, along with any information you choose. Form 990, Return of Organization Exempt from Income Tax (For Self-Employment Tax Information) Form 990, Return of Organization Exempt From Income Tax Schedule B — Self-Employment Tax Information Form 990, Return of Organization Exempt from Income Tax Schedule B — Self-Employment Tax Information (for a married filing jointly return) Form 990, Return of Organization Exempt from Income Tax (For Married Filing Separately) New York State Attorney General's Division New York City Taxpayer Services 9-25-11 — Tax Tip : If you work with a trust or estate that does not file one of the forms listed here, you should be aware the state law requires that the information be included in the trust or estate tax return. The New York State Secretary of State has provided the following information regarding the proper filing of Form 990, Return of Organization Exempt from Income Tax. In order for your organization's exempt organization to receive an exemption from income tax and to claim its exemption benefits from the state income tax, you have to be organized as a charity. This is because a corporation can elect to be a charity, but it cannot elect to be exempt from state income tax. Similarly, a sole proprietor or an S-corporation cannot elect to be a public charity, but it can elect to be exempt from the income tax. In order to receive an exemption, all of your organization's income or gains must be from exempt activities. The forms below help you determine whether your organization qualifies for an exemption from the New York State income tax. The forms are for use only for informational purposes.
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