26 C.F.R. § 1.6081-9 Automatic extension of time to file exempt organization returns.
Title 26 - Internal Revenue
(a) In general. A corporation required to file a return on Form 990–T will be allowed an automatic six-month extension of time to file the return after the date prescribed for filing if the corporation files an application in accordance with paragraph (b) of this section. In any other case, an exempt organization required to file a return on Form 990 (series, except for Form 990–C), 1041–A, 4720, 5227, 6069, or 8870 will be allowed an automatic three-month extension of time to file the return after the date prescribed for filing if the exempt organization files an application in accordance with paragraph (b) of this section. For guidance on extensions of time for an exempt organization to file Form 990–C, “Farmer's Cooperative Association Income Tax Return,” or Form 1120–POL, “U.S. Income Tax Return for Certain Political Organizations,” see §1.6081–3. (b) Requirements. To satisfy this paragraph (b), an application for an automatic extension under this section must— (1) Be submitted on Form 8868, “Application for Extension of Time To File an Exempt Organization Return,” or in any other manner as may be prescribed by the Commissioner; (2) Be filed with the Internal Revenue Service office designated in the application's instructions on or before the date prescribed for filing the return; (3) Show the full amount properly estimated as tentative tax for the exempt organization for the taxable year; and (4) Be accompanied by the full remittance of the amount properly estimated as tentative tax which is unpaid as of the date prescribed for the filing of the return. (c) Termination of automatic extension. The Commissioner may terminate an automatic extension at any time by mailing to the exempt organization a notice of termination. The notice must be mailed at least 10 days prior to the termination date designated in such notice. The notice of termination must be mailed to the address shown on the application for extension or to the exempt organization's last known address. For further guidance regarding the definition of last known address, see §301.6212–2 of this chapter. (d) Penalties. See sections 6651 and 6652(c) for failure to file an exempt organization return or failure to pay the amount shown as tax on the return. (e) Coordination with §1.6081–1. No extension of time will be granted under §1.6081–1 for filing an exempt organization return listed in paragraph (a) of this section until an automatic extension has been allowed pursuant to this section. (f) Effective date. This section applies to requests for extensions of time to file an exempt organization return due after December 7, 2004. [T.D. 9163, 69 FR 70549, Dec. 7, 2004]
Title 26: Internal Revenue
PART 1—INCOME TAXES
Extension of Time for Filing Returns
§ 1.6081-9 Automatic extension of time to file exempt organization returns.
