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Las Vegas Nevada Form 8868: What You Should Know

The IRS requires a copy of the organization's Form 8868 within two weeks of Form 990-T being filed. Taxpayers may also electronically file Form 8868 using the IRS website. You can also print out form 8888(Form 8888). The Form 8888 is filed by a taxpayer filing under Chapter 21 or Division 1, 2, 3, or 6, depending on the filing status of the business. Taxpayers filing under Chapter 7 or Division 7 need to attach Form 8868 to the return. See IRS Publication 949 for more information. If the organization is not a charitable organization and the organization has failed to file a Form 990-T or Form 990-EZ for the fiscal period, the following penalties may apply. See IRS Publication 513 for more information. A Form 8889 will be generated. The Form 8889 will then be mailed to you at your address listed on the Form 8889. The fee is 35. (For most organizations, this means that you pay the 35 fees). If the organization is a private foundation, the organization will not receive a Form 8889 due to Form 990-T or Form 990-EZ. Your foundation will receive a Form 990-T or Form 990-EZ due to failure to register and pay the filing fee. See IRS Publication 949 for more information. If the organization is not a private foundation and the organization was not exempt on the last day of the calendar year as a private foundation, then the failure to file Form 8868 is a felony and a fine of not less than 9,500 or more than 100,000 may be imposed, although the penalty may be reduced by not more than 25 percent of the gross proceeds of the offense, depending upon the circumstances. See the Penalties for Criminally Fail to File an Annual Return in part II of Publication 514, Tax Guide for Small Business Investors. If the organization fails to withhold federal income taxes under the Internal Revenue Code and the offense does not result in criminal conviction, you will not be subject to criminal prosecution and you and the organization (if they are related persons) under an administrative action under 28 U.S.C. § 552 are eligible for relief from liability (including an application for a ruling regarding your tax liability). See the Relief from Civil Penalties section in Publication 515, Tax Guide for Small Business.

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