Nonprofit Parking Lot Tax Repealed

Posted on Wednesday, February 05, 2020
Share

One of the provisions included in the Tax Cuts and Jobs Act approved on December 20, 2017, related to nonprofit organizations and unrelated business income (UBI) taxes on qualified transportation fringes.  The provision required nonprofits to include certain transportation and parking fringe benefits paid or incurred after December 31, 2017, in UBI that are no longer deductible under IRC section 274 for for-profit entities.  

As a result of this Act, many nonprofit organizations were required to file Form 990-T to pay these taxes.  On December 20, 2019, the President signed the Taxpayer Certainty and Disaster Tax Relief Act which repealed this tax for nonprofits.  Any nonprofit organization that paid taxes on transportation fringe benefits will be able to claim a refund. 

According to the IRS website, to claim a refund, the organization must file an amended Form 990-T.  If the amended return is being filed only to claim the refund, write “Amended Return – Section 512(a)(7) Repeal” at the top.  The IRS has some additional instructions for amending each of the 2017 and 2018 990-T forms which can be found on their website.  There are time limits for filing for refunds, which are normally three years from the time the original 990-T was filed or two years from the time the tax was paid, whichever was later.

If your organization paid taxes on transportation fringes, make sure you file an amended Form 990-T to get your refund.   

Posted by: Carrie Minnich, CPA

Posted in Mission Minded Nonprofits

Disclaimer: The information contained in Dulin, Ward & DeWald’s blog is provided for general educational purposes only and should not be construed as financial or legal advice on any subject matter. Before taking any action based on this information, we strongly encourage you to consult competent legal, accounting or other professional advice about your specific situation. Questions on blog posts may be submitted to your DWD representative.

"I love working at DWD because of the variety of work I get to experience and the team-like structure that is put in place here. Staff members at any level are more than willing to answer questions and…"
Brandon McKee
DWD Senior Accountant