Or. Admin. Code § 137-010-0020

Current through Register Vol. 63, No. 11, November 1, 2024

Section 137-010-0020 - Contents of Annual Reports

(1) A complete annual report for a charitable organization incorporated, headquartered, or organized in a state other than Oregon, including outside of the United States, shall include a completed Attorney General's form CT-12F.

(2) A complete annual report for a trust with both charitable and non-charitable beneficiaries shall include a completed Attorney General's form CT-12S.

(3) A complete annual report for a charitable organization incorporated, organized, or headquartered in Oregon or not described in OAR 137-010-0020(1) or (2) shall include a completed Attorney General's form CT-12.

(4) A complete annual report is required to also include:

(a) A copy of all year-end, federal reporting forms, schedules and attachments filed with the Internal Revenue Service for the same period, such as a form 990, 990EZ, 990PF, or 5227. Organizations are not required to provide copies of a 990N (epostcard) filing if they otherwise provide confirmation that a 990N return was filed with the IRS.

(b) A copy of the independent auditor's report on the corporation's financial records and accompanying financial statements and other attachments if such an audit was prepared.

(c) Updates to information requested in the registration statement, information regarding legal actions as described in OAR 137-010-0010(1), information on whether the organization is ceasing operations in Oregon, and information related to a determination of applicable filing requirements under ORS 128.610 to 128.769.

(d) Information related to revenues, expenditures, and assets, including information necessary to the determination or calculation of applicable fees.

(5) In the event the charitable organization has total annual gross receipts of $50,000 or more or total assets of $100,000 or more, but the organization did not file with the IRS an IRS form 990, 990EZ, 990PF, or 5227 for the reporting period because the organization does not hold tax exempt status, because the organization is eligible to file the 990N, or for some other reason, such organization is required to complete for purposes of its Oregon annual report, an IRS form 990 or 990EZ, including all applicable schedules. If the organization's annual gross receipts are less than $200,000, it may use IRS 990EZ. Otherwise, the organization is required to use IRS form 990. If the IRS form was not filed with the IRS but is provided in connection with Oregon's annual report requirements, the form is required to be clearly labeled as for Oregon purposes only or otherwise identify that the form has not been filed with the IRS. Organizations may request a waiver of this requirement by submitting a written request for a waiver with their annual report, along with an income statement and balance sheet, or statements containing similar information.

(6) Charitable organizations are required to file annual reports covering all time periods preceding the date that the organization requested closure of its registration file or notified the Department that it ceased operations.

(7) A charitable organization is not required to submit as part of its annual report to the Attorney General a copy of any IRS form 990 Schedule B listing of contributors that would be exempt from disclosure under federal law.

Or. Admin. Code § 137-010-0020

1AG 2, f. 2-17-64; 1AG 5, f. 8-3-72, ef. 8-15-72; 1AG 2-1981, f. & ef. 12-1-81; JD 2-1982, f. & ef. 12-30-82; JD 1-1990, f. & cert. ef. 1-25-90; DOJ 4-1998, f. & cert. ef. 4-2-98; DOJ 8-2015, f. & cert. ef. 7/1/2015

Forms referenced are available from the agency.

Stat. Auth.: ORS 128.670

Stats. Implemented: ORS 128.670