10 P.S. § 379 - Accountability and disclosure

Cite as:10 P.S. § 379
Currency:Current through P.A. Acts 2018-133
 
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(a) Reporting.-- An institution of purely public charity that does not register with the Department of State under the act of December 19, 1990 (P.L. 1200, No. 202), known as the Solicitation of Funds for Charitable Purposes Act, including institutions exempted from registration undersection 6(a) of the Solicitation of Funds for Charitable Purposes Act, shall file an annual report with the bureau. The report shall be filed within 135 days after the close of the institution's fiscal year unless an extension is granted by the department. The report shall be in a format approved by the department and shall include:

(1) A copy of the annual return filed or required to be filed with the Internal Revenue Service.

(2) The date the institution of purely public charity was organized under applicable law.

(3) Any revocation of tax-exempt status by the Internal Revenue Service.

(4) The following information on each affiliate of the institution of purely public charity:

(i) The name and type of organization.

(ii) Whether the affiliate is organized on a for-profit or nonprofit basis.

(iii) The relationship of each affiliate to the institution of purely public charity making the report.

(5) The relationship of the institution of purely public charity with any other nonprofit corporation or unincorporated association if the relationship involves formal governance or the sharing of revenue.

(b) Regulations.-- The department shall promulgate regulations to require institutions of purely public charity which register under section 5 of the Solicitation of Funds for Charitable Purposes Act to include the information set forth in subsection (a).

(c) Amendments to annual returns.-- An institution of purely public charity which files an amended annual return with the Internal Revenue Service shall file a copy of the amended annual return with the bureau within ten days of its filing with the Internal Revenue Service.

(d) Exemption from filing.-- Each of the following institutions of purely public charity shall be exempt from the reporting requirements of this section:

(1) A bona fide duly constituted religious institution and such separate groups or corporations which form an integral part of a religious institution and are exempt from filing an annual return pursuant to the Internal Revenue Code of 1986 ( Public Law 99-514, 26 U.S.C. § 1 et seq.).

(2) An institution of purely public charity which receives contributions of less than $25,000 per year provided that the institution's program service revenue does not equal or exceed $5,000,000.

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