109:1-1-04 Annual report.

(A) Any charitable trust which is required to register with the attorney general pursuant to rule 109:1-1-02 of the Administrative Code, must file an annual report for any taxable year in which such trust has gross receipts of more than five thousand dollars or gross assets of more than fifteen thousand dollars. Such report shall be required for any such charitable trust whose fiscal or calendar year ends after November 19, 1975, the effective date of section 109.31 of the Revised Code. The report shall be one of the following:

(1) All charitable trusts may file, and all organizations that during any taxable year have gross receipts of less than twenty-five thousand dollars, or are otherwise exempt from filing financial information with the internal revenue service, shall file a form prescribed by the attorney general which shall contain a summary of the income, expenses, assets, liabilities, and net worth for the taxable year, and which may contain other information consistent with information contained in federal returns or purposes defined in paragraphs (B)(1) and (2) of rule 109:1-1-01 of the Administrative Code. The report shall be signed by a trustee or officer of the organization submitting the form.

(2) All organizations headquartered in Ohio that are required to file forms 990, 990-PF, or 990-EZ with the internal revenue service, may file a form prescribed by the attorney general certifying that the organization has filed such forms with the internal revenue service, signed or verified by a trustee or officer of the organization.

(3) All other organizations may file complete copies of all annual federal returns required to be filed by the organization with the internal revenue service for the taxable year, together with all schedules, attachments, and reports due with such federal return or returns, excepting lists of donors which are not public record under federal law. Such annual federal returns shall not be deemed to include copies of employment tax returns, or wage reports.

(B) The annual report shall be filed on or before the fifteenth day of the fifth month following the close of the trust’s taxable year. Annual federal returns shall be filed with the attorney general at the same time as required by the internal revenue service, taking into account any applicable extension of the federal filing date.

Assets Fee

Less than $25,000 -0-

$25,000 but less than $100,000 $50.00

$100,000 but less than $500,000 $100.00

$500,000 or more $200.00

The term “assets” refers to the total current value of the trust’s assets which are irrevocably devoted to charitable purposes at the end of the taxable year for which the annual report is being filed. The current value of the assets shall reflect the most recent valuation consistent with generally accepted accounting principles. Filing fees must be paid by check or by other electronic form of payment acceptable to the attorney general, payable to the treasurer, state of Ohio.

Effective: 11/27/2006

R.C. 119.032 review dates: 05/01/2009 and 05/01/2014

Promulgated Under: 119.03

Statutory Authority: 109.27

Rule Amplifies: 109.31

Prior Effective Dates: 5/3/1976, 5/30/1997, 5/13/2004