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IRS revises Form 8940, Request for Miscellaneous Determination, to allow electronic filing

Written on Apr 21, 2023

As part of ongoing efforts to improve service for the tax-exempt community, the IRS issued the revised Form 8940, Request for Miscellaneous Determination, and its instructions to allow electronic filing. 

On April 3, IRS released the electronic version of the Form 8940 that exempt organizations use to make miscellaneous determination requests online at Pay.gov. The IRS will provide a 90-day grace period during which it will continue to accept paper versions of Form 8940 (Rev. 6-2011); however, after this grace period the Form 8940 must be submitted electronically. 

In addition to the miscellaneous requests that were previously made using Form 8940, the following miscellaneous requests are now also made on Form 8940: 

  • Government entities requesting voluntary termination of exempt status under section 501(c)(3) (previously a letter request) 

  • Canadian registered charities requesting inclusion in Tax Exempt Organization Search database (TEOS) of organizations eligible to receive tax-deductible charitable contributions (Pub. 78 data) or a determination on public charity classification (previously a letter request) 

  • Private foundations giving notice only of intent to terminate private foundation status under section 507(b)(1)(B) (previously provided on Form 8940 or by general correspondence) 

Most exempt organizations described in section 501(c) are required to submit an annual Form 990-series return. The Form 990 Overview Course shows which forms to file, when they are due, public disclosure of returns and offers other tips on preparing an annual filing. Exempt organization officers and board members should review all of the courses available in the StayExempt.irs.gov Virtual Small to Mid-Sized Tax-Exempt Workshop