Rev. Proc. 2023-12: Electronic submission of Form 8940
Electronic submission process is required to submit a completed Form 8940
Electronic submission process is required to submit a completed Form 8940
The IRS today issued an advance version of Rev. Proc. 2023-12 to update the procedures for exempt organizations determination letters with respect to the electronically submitted Form 8940, Request for Miscellaneous Determination.
Rev. Proc. 2023-12 [PDF 152 KB] modifies Rev. Proc. 2023-5 to require the electronic submission of Form 8940, except for submissions eligible for the 90-day transition relief.
A related IRS release—IR-2023-70 (April 4, 2023)—explains that beginning April 3, 2023, the IRS made available the electronic version of the Form 8940 that exempt organizations may use to make miscellaneous determination requests. The IRS will accept paper versions of Form 8940 during a 90-day grace period. However, the Form 8940 must be submitted electronically after the grace period.
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)
For more information, contact a tax professional with the KPMG Washington National Tax practice:
Ruth Madrigal | ruthmadrigal@kpmg.com
Preston Quesenberry | pquesenberry@kpmg.com
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