Formulário 990 Instruções para agendamento L
Instruções para o calendário L (Form 990), transações com pessoas interessadas
Rev. 2023
Formulários Relacionados
- Formulário 990 Calendário L - Transações com Pessoas Interessadas
Department of the Treasury
Internal Revenue Service
2023
Instructions for Schedule L
(Form 990)
Transactions With Interested Persons
Section references are to the Internal Revenue Code unless
Specific Instructions
otherwise noted.
For Parts I, II, and III, report all transactions regardless of
amount. Part IV instructions provide individual and total reporting
thresholds below which reporting isn't required for an interested
person.
Future Developments
For the latest information about developments related to Form
990 and its instructions, such as legislation enacted after they
Each reportable transaction is to be reported in only one part
of Schedule L, as described below.
General Instructions
Interested persons. For purposes of Part I, an interested
person is a disqualified person under section 4958. For
purposes of Parts II–IV, an interested person is one of the
following.
1. For Form 990 filers, a person required to be listed on
Form 990, Part VII, Section A, as a current or former officer,
director, trustee, or key employee; and for Form 990-EZ filers,
a current officer, director, trustee, or key employee required to be
listed on Form 990-EZ, Part IV. For purposes of reporting
management company transactions on Part IV, however, a
former officer, director, trustee, or key employee of the
organization within the last 5 tax years is treated as an interested
person whether or not required to be so listed.
Note. Terms in bold are defined in the Glossary of the
Instructions for Form 990.
Purpose of Schedule
Schedule L (Form 990) is used by an organization that files Form
990 or 990-EZ to provide information on certain financial
transactions or arrangements between the organization and a
disqualified person(s) under section 4958 or other interested
persons. Schedule L is also used to determine whether a
member of the organization's governing body is an
independent member for purposes of Form 990, Part VI, line 1b.
Supplemental information. Parts I–IV can be duplicated if
additional space is needed. Also, Part V may be used to explain
a transaction or to provide additional information.
2. The creator or founder of the organization, including the
sponsoring organizations of a Voluntary Employees' Beneficiary
Association (VEBA).
Who Must File
3. A substantial contributor. For purposes of Schedule L,
The chart at the bottom of this page provides which
organizations must complete all or a part of Schedule L and
must attach Schedule L for Form 990 or 990-EZ.
Parts II–IV, a substantial contributor is an individual or
organization that made contributions during the tax year in the
aggregate of at least $5,000, and whose contributions are
required to be reported on Schedule B (Form 990), Schedule of
Contributors, for the organization’s tax year. A substantial
contributor may include an employer that contributes to a VEBA.
Note. The organization should answer “Yes” to Form 990, Part
IV, line 28a, 28b, or 28c, only if the party to the transaction was
an “interested person” as defined in these instructions, and the
threshold amounts described in the specific instructions to
Schedule L, Part IV, later, are met.
4. For purposes of Part III, a member of the organization’s
grant selection committee.
5. A family member of any individual described above.
If an organization isn't required to file Form 990 or 990-EZ but
chooses to do so, it must file a complete return and provide all of
the information requested, including the required schedules.
6. A 35% controlled entity of one or more individuals
and/or organizations described above.
7. For purposes of Part III, an employee (or child of an
employee) of a substantial contributor or of a 35% controlled
Types of Filers—Schedule L
Type of filer
IF you answer “Yes” to
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
THEN you must complete
.
.
.
.
.
.
.
.
.
.
.
Section 501(c)(3), 501(c)(4), or 501(c)(29)
organization
Form 990, Part IV, line 25a or 25b (regarding excess
benefit transactions)
Schedule L, Part I.
Section 501(c)(3) or 501(c)(4)
Form 990-EZ, Part V, line 40b (regarding excess benefit Schedule L, Part I.
transactions)
All organizations
All organizations
All organizations
All organizations
Form 990, Part IV, line 26 (regarding loans)
Form 990-EZ, Part V, line 38a (regarding loans)
Form 990, Part IV, line 27 (regarding grants)
Schedule L, Part II.
Schedule L, Part II.
Schedule L, Part III.
Schedule L, Part IV.
Form 990, Part IV, line 28a, 28b, or 28c (regarding
business transactions)
Jan 10, 2024
Cat. No. 51522J
entity of such person, but only if the employee (or child of an
employee) received the grant or assistance by the direction or
advice of the substantial contributor or designee or of the 35%
controlled entity, or under a program funded by the substantial
contributor that was intended primarily to benefit such
employees (or their children).
If an interested person has status as such other than by being a
substantial contributor or related to one, then make no reference
to the substantial contributor status. For example, if grantee Jane
Smith is both a substantial contributor and the spouse of Director
John Smith, then they must be listed by name in column (a), and
column (b) must state “spouse of Director John Smith” or words
to similar effect.
Refer to the specific instructions under each Part for
Describe the transaction in column (c).
•
information on how to report substantial contributors or
those related to substantial contributors.
TIP
State in column (d) whether the transaction has been
•
corrected.
Identify in Part V the organization manager(s), if any, that
•
An interested person for purposes of Parts II–IV doesn't
include a section 501(c)(3) organization, an exempt organization
with the same tax-exempt status (for example, section 501(c)(3)
or 527 status) as the filing organization, or a governmental unit
or instrumentality. Treat as a section 501(c)(3) organization a
foreign organization for which the filing organization has made a
reasonable judgment (or has an opinion of U.S. counsel) that the
foreign organization is described in section 501(c)(3).
participated in the transaction, knowing that it was an excess
benefit transaction.
Excess benefit transaction. An excess benefit transaction is
generally a transaction in which an applicable tax-exempt
organization directly or indirectly provides to or for the use of a
disqualified person an economic benefit the value of which
exceeds the value of the consideration received by the
organization for providing such benefit. For special section 4958
rules governing transactions with donor advised funds and
supporting organizations, see the special rules under Section
4958 Excess Benefit Transactions in Appendix G in the
Instructions for Form 990, or Appendix E in the Instructions for
Form 990-EZ.
Applicable tax-exempt organizations are generally limited to
organizations which (without regard to any excess benefit) are
section 501(c)(3) public charities, section 501(c)(4) or 501(c)
(29) organizations, or organizations that had such status at any
time during the 5-year period ending on the date of the excess
benefit transaction.
Reasonable effort. The organization isn't required to provide
information about a transaction if it is unable to secure sufficient
information to conclude that the transaction is reportable after
making a reasonable effort to obtain such information. An
example of a reasonable effort is for the organization to distribute
a questionnaire annually to each person that it believes may be
an interested person, as described earlier, requesting
information relevant to determining whether a transaction is
reportable. The questionnaire may include the name and title of
each person reporting information, blank lines for the person’s
signature and signature date, and the pertinent instructions and
definitions for Schedule L interested persons and transactions.
Section 501(c)(3), 501(c)(4), and 501(c)(29) organizations
should refer to the Instructions for Form 990, Part IV, lines 25a–
25b (or Form 990-EZ, Part V, line 40b) before completing Part I.
For more information on excess benefit transactions, section
4958, and special rules for donor advised funds and supporting
organizations, see Appendix G in the Instructions for Form 990
(or Appendix E in the Instructions for Form 990-EZ) and Pub.
557, Tax-Exempt Status for Your Organization.
Example. A substantial contributor whether to the organization
states that they would like Mr. X and Ms. Y to be beneficiaries of
a grant. The organization inquires of the substantial contributor
Mr. X and Ms. Y are interested persons with respect to the
organization because of a family or business relationship they
have with the substantial contributor (using the pertinent
instructions and definitions), and the substantial contributor
replies in writing that they aren't. Whether they actually are
interested persons or not, the organization has made a
reasonable effort in this situation.
Line 2. Enter the amount of excise tax incurred by disqualified
persons and organization managers under section 4958 for the
transactions reported on line 1, whether or not assessed by the
IRS, unless abated. Form 4720, Return of Certain Excise Taxes
Under Chapters 41 and 42 of the Internal Revenue Code, must
be filed to report and pay the tax on excess benefit transactions.
Part I. Excess Benefit Transactions
(To be completed by section 501(c)(3), 501(c)(4), and 501(c)(29)
organizations.)
Line 1. For each excess benefit transaction involving an
organization described in section 501(c)(3), 501(c)(4), or 501(c)
(29), regardless of amount, provide information relating to each
of the following.
Part II. Loans to and/or From
Interested Persons
Report details on loans, including salary advances, payments
made pursuant to a split-dollar life insurance arrangement that
are treated as loans under Regulations section 1.7872-15, and
other advances and receivables (referred to collectively as
“loans”), as described on Form 990, Part IV, line 26 (including
receivables reported on Form 990, Part X, line 5, 6, or 22); on
Form 990-EZ, Part V, line 38a; or on Form 990, Part IV, line 26 (if
the organization reported an amount on Form 990, Part X, line 5,
6, or 22). Report only loans between the organization and
interested persons that are outstanding as of the end of the
organization's tax year. Report each loan separately, regardless
of amount.
Identify in column (a) the disqualified person(s) that
•
received an excess benefit in the transaction. If the person has
interested person status only as a substantial contributor, a
family member of a substantial contributor, a 35% controlled
entity of a substantial contributor, or an employee of a
substantial contributor or 35% controlled entity of a substantial
contributor, then enter the term “substantial contributor” or
“related to substantial contributor” (as the case may be) instead
of the interested person's name, in order to protect the
confidentiality of the substantial contributor.
Identify in column (b) the relationship between the
•
disqualified person and the organization (for example, “officer”
or “family member of director”). If “substantial contributor” was
entered in column (a), enter “substantial contributor” here as
well. If “related to substantial contributor” was entered in column
(a), then describe the relationship without referring to specific
names, for example, “child of employee of 35% controlled
entity of substantial contributor.”
In addition to loans originally made between the organization
and an interested person, also report loans originally between
the organization and a third party or between an interested
person and a third party that were transferred so as to become a
debt outstanding between the organization and an interested
person.
Exceptions. Don't report the following in Part II.
2
2023 Instructions for Schedule L (Form 990)
Excess benefit transactions reported on Schedule L, Part I.
Advances under an accountable plan as described in the
•
•
Column (h). State whether the organization's governing body
(or a committee of the governing body) approved the loan
transaction.
instructions for Part II of Schedule J (Form 990), Compensation
Information.
Column (i). State whether the loan is evidenced by a
Pledges receivable that would qualify as charitable
•
promissory note or other written agreement signed by the debtor.
contributions when paid.
Accrued but unpaid compensation owed by the organization.
•
•
Part III. Grants or Assistance
Benefiting Interested Persons
Loans from a credit union made to an interested person on the
same terms as offered to other members of the credit union.
Tax-exempt bonds purchased from the filing organization
•
Report each grant or other assistance (including provision of
goods, services, or use of facilities), regardless of amount,
provided by the organization to any interested person at any time
during the organization's tax year. Examples of grants are
scholarships, fellowships, discounts on goods or services,
internships, prizes, and awards. A grant includes the gift portion
of a part-sale, part-gift transaction.
and held by an interested person, so long as the interested
person purchased the bonds on the same terms as offered to the
general public.
Deposits into a bank account (when the bank is an interested
•
person) in the ordinary course of business, on the same terms
as the bank offers to the general public.
Receivables for a section 501(c)(9) VEBA from a sponsoring
•
organization or contributing employer of the VEBA, if those
receivables were created in the ordinary course of business and
have been due for 90 days or fewer.
See Reasonable effort, earlier, applicable to Part III.
TIP
Receivables outstanding that were created in the ordinary
•
Exceptions. Don't report the following in Part III.
course of the organization's business on the same terms as
offered to the general public (such as receivables for medical
services provided by a hospital to an officer of the hospital).
Excess benefit transactions reported on Schedule L, Part I.
•
Loans reported (or not required to be reported) on
•
Schedule L, Part II.
Column (a). Identify the interested person that was the debtor
or creditor on the loan. If the person has interested person status
only as a substantial contributor, a family member of a
Business transactions that don't contain any gift element and
•
that are engaged in to serve the direct and immediate needs of
the organization, such as payment of compensation (including
taxable and nontaxable fringe benefits treated as compensation)
to an employee or independent contractor in exchange for
services of comparable value. Some business transactions may
be reportable on Schedule L, Part IV.
substantial contributor, a 35% controlled entity of a substantial
contributor, or an employee of a substantial contributor or 35%
controlled entity of a substantial contributor, then enter the term
“substantial contributor” or “related to substantial contributor” (as
the case may be) instead of the interested person's name, in
order to protect the confidentiality of the substantial contributor.
Compensation to a person listed on Form 990, Part VII,
•
Section A (including taxable and nontaxable fringe benefits
treated as compensation).
Column (b). Identify the relationship between the interested
person and the organization. If “substantial contributor” was
entered in column (a), enter “substantial contributor” here as
well. If “related to substantial contributor” was entered in column
(a), then describe the relationship without referring to specific
names, for example, “child of employee of 35% controlled
entity of substantial contributor.”
Grants to employees (and their children) of a substantial
•
contributor or 35% controlled entity of a substantial contributor,
awarded on an objective and nondiscriminatory basis based on
pre-established criteria and reviewed by a selection committee,
as described in Regulations section 53.4945-4(b).
Grants or assistance provided to an interested person as a
•
member of the charitable class or other class (such as a member
of a section 501(c)(5), 501(c)(6), or 501(c)(7) organization) that
the organization intends to benefit in furtherance of its exempt
purpose, if provided on similar terms as provided to other
members of the class, such as short-term disaster relief, poverty
relief, or trauma counseling. However, grants for travel, study
(such as scholarships or fellowships), or other similar purposes
(such as to achieve a specific objective, produce a report or
other similar product, or improve or enhance a literary, artistic,
musical, scientific, teaching, or other similar capacity, skill, or
talent of the grantee) like those described in section 4945(d)(3)
aren't excluded from reporting under this exception.
If an interested person has status as such other than by being a
substantial contributor or related to one, then make no reference
to the substantial contributor status. For example, if grantee Jane
Smith is both a substantial contributor and the spouse of Director
John Smith, then they must be listed by name in column (a), and
column (b) must state “spouse of Director John Smith” or words
to similar effect.
Column (c). Describe the organization's purpose for engaging
in the loan.
Column (d). Check either “To” or “From,” whichever is
(But see Schools, later, for instructions on how to report grants,
scholarships, and other assistance from colleges, universities,
and primary and secondary schools.) Grants that are awards
recognizing past achievements also aren't excluded from
reporting under this exception. Grants for travel, study, or similar
purposes don't include such purposes as short-term disaster
relief, poverty relief, or trauma counseling.
applicable.
Column (e). Enter the original dollar amount owed (the loan
principal).
Column (f). Enter the balance due as of the end of the
organization's tax year, including outstanding principal, accrued
interest, and any applicable penalties and collection costs. For
Form 990 filers, the sum total indicated in column (f) must equal
the total of Form 990, Part X, Balance Sheet, column (B), lines 5
and 6 (for amounts owed to the organization), and column (B),
line 22 (for amounts owed by the organization).
Grants or assistance to a section 501(c)(3) organization.
•
Column (a). Enter the name of the interested person that
benefited from the grant or assistance. If the person has
interested person status only as a substantial contributor, a
family member of a substantial contributor, a 35% controlled
entity of a substantial contributor, or an employee of a
substantial contributor or 35% controlled entity of a substantial
contributor, then enter the term “substantial contributor” or
“related to substantial contributor” (as the case may be) instead
Column (g). Answer “Yes” if any payment by the debtor was
past due as of the end of the organization's tax year, or if the
debtor is otherwise in default under the terms and conditions of
the loan.
3
2023 Instructions for Schedule L (Form 990)
of the interested person's name, in order to protect the
confidentiality of the substantial contributor.
Business transactions. Business transactions include but
aren't limited to joint ventures and contracts of sale, lease,
license, insurance, and performance of services, whether
initiated during the organization's tax year or ongoing from a
prior year.
Column (b). Describe the relationship between the interested
person that benefited from the grant or assistance and the
organization, such as “spouse of the Director.” If “substantial
contributor” was entered in column (a), enter “substantial
contributor” here as well. If “related to substantial contributor”
was entered in column (a), then describe the relationship without
referring to specific names, for example, “child of employee of
35% controlled entity of substantial contributor.”
If an interested person has status as such other than by being
a substantial contributor or related to one, then make no
reference to the substantial contributor status. For example, if
grantee Jane Smith is both a substantial contributor and the
spouse of Director John Smith, then they must be listed by name
in column (a), and column (b) must state “spouse of Director
John Smith” or words to similar effect.
Certain management company transactions with former of-
ficers, etc. A business transaction also includes a transaction
between the organization and a management company of
which a former officer, director, trustee, or key employee of the
organization (within the last 5 tax years, even if not listed on
Form 990, Part VII, Section A, because the individual didn’t
receive any compensation from the organization) is a direct or
indirect 35% owner (as measured by stock ownership (voting
power or value, whichever is greater) of a corporation, profits or
capital interest (whichever is greater) in a partnership or limited
liability company, or beneficial interest in a trust), or an officer,
director, or trustee.
Column (c). Enter the total dollar amount of grants and other
assistance provided to the interested person during the
organization's tax year.
Aggregate reporting. The organization can aggregate multiple
individual transactions between the same parties, or list them
separately. If aggregation is chosen, report the aggregate
amount in column (c) and describe the various types of
transactions (for example, “consulting,” “rental of real property”)
in column (d).
Column (d). Describe the type of assistance provided to the
interested person.
Column (e). Describe the organization's purpose in providing
Exceptions. Don't report the following in Part IV.
assistance to the interested person.
Excess benefit transactions reported on Schedule L, Part I.
•
Schools. Colleges, universities, and primary and secondary
schools aren't required to identify interested persons to whom
they provided scholarships, fellowships, and similar financial
assistance. Instead, these organizations must, on Part III, group
each type of financial assistance (for example, need-based
scholarships, merit scholarships, discounted tuition) provided to
interested persons on separate lines. For each line, the school
should report in column (c), the aggregate dollar amount of each
type of assistance, the type of assistance in column (d), and the
purpose of the assistance in column (e), unless such reporting
would be an unauthorized disclosure of student education
records under the Family Educational Rights and Privacy Act
(FERPA). Columns (a) and (b) should be left blank for these
lines.
Loans reported (or not required to be reported) on
•
Schedule L, Part II.
Grants and other assistance reported (or not required to be
•
reported) on Schedule L, Part III (however, this exception doesn't
apply to transactions covered by the business transaction
exception described in the Part III instructions earlier; such
transactions may need to be reported in Part IV).
Compensation reported on Form 990, Part VII, Section A,
•
unless the compensation was to a family member of another
person reported on Form 990, Part VII, Section A.
Deposits into or withdrawals from a bank account (when the
•
bank is an interested person) in the ordinary course of business,
on the same terms as the bank offers to the general public.
The organization's charging of membership dues to its
•
officers, directors, etc.
If the organization transfers funds to an interested person to
Part IV. Business Transactions
Involving Interested Persons
•
make investments on behalf of the organization as its agent or
contractor (but not as part of a joint venture), the amount of the
transaction for purposes of Part IV reporting isn't the entire
amount transferred but the management fees or other service
fees or carried interest (if any) of the interested person.
Report on Part IV business transactions for which payments
were made during the organization's tax year between the
organization and an interested person, if such payments
exceeded the reporting thresholds described below, and
regardless of when the transaction was entered into by the
parties. The “ordinary course of business” exception to reporting
business relationships on Form 990, Part VI, line 2, doesn't apply
for purposes of Schedule L, but see the exception below for
publicly traded companies.
Transactions with publicly traded companies in the ordinary
•
course of the publicly traded company’s business, on the same
terms as it generally offers to the public (or more favorable for
the filing organization).
Example 1. T, a family member of an officer of the
organization, serves as an employee of the organization and
receives during the organization's tax year compensation of
$15,000, which isn't more than 1% of the organization's total
revenue. The organization is required to report T's compensation
as a business transaction on Schedule L, Part IV, because the
organization's compensation to a family member of an officer
exceeds $10,000, whether or not T's compensation is reported
on Form 990, Part VII.
Example 2. X, the child of a current director listed on Form
990, Part VII, Section A, is a first-year associate at a law
partnership that the organization pays $150,000 during the
organization's tax year. The organization isn't required to report
this business transaction on account of X's employment
relationship to the law firm.
In general, an organization must report business transactions
on Part IV with an interested person if (a) all payments during the
tax year between the organization and the interested person
exceeded $100,000; (b) all payments during the tax year from a
single transaction between such parties exceeded the greater of
$10,000 or 1% of the filing organization's total revenue for the tax
year; (c) compensation payments during the tax year by the
organization to a family member of a current or former officer,
director, trustee, or key employee of the organization listed on
Form 990, Part VII, Section A, exceeded $10,000; or (d) in the
case of a joint venture with an interested person, the
organization has invested $10,000 or more in the joint venture,
whether or not during the tax year, and the profits or capital
interest of the organization and of the interested person each
exceeds 10% at some time during the tax year.
4
2023 Instructions for Schedule L (Form 990)
Example 3. The facts are the same as in Example 2, except
that X is a partner of the law firm and has an ownership interest
in the law firm of 36% of the profits. The organization must report
the business transaction because the law firm is a 35%
controlled entity of X and the dollar amount is in excess of the
$100,000 aggregate threshold.
Example 4. The facts are the same as in Example 3, except
that the law firm entered into the transaction with the
organization before X's parent became a director of the
organization. X’s parent became a director during the
organization’s tax year. The organization must report all
payments made during its tax year to the law firm for the
transaction.
Column (b). Enter the relationship between the interested
person and the organization. For example:
Key employee of the organization;
•
•
•
Family member of the former Director; or
Entity more than 35% owned by (a) the former Director, and
(b) the President. If “substantial contributor” was entered in
column (a), enter “substantial contributor” here as well. If “related
to substantial contributor” was entered in column (a), then
describe the relationship without referring to specific names, for
example, “child of employee of 35% controlled entity of
substantial contributor.”
If an interested person has status as such other than by being a
substantial contributor or related to one, then make no reference
to the substantial contributor status. For example, if grantee Jane
Smith is both a substantial contributor and the spouse of Director
John Smith, then they must be listed by name in column (a), and
column (b) must state “spouse of Director John Smith” or words
to similar effect.
Example 5. The facts are the same as in Example 3, except
that X is the child of a former director listed on Form 990, Part
VII, Section A. The organization is required to report the
business transaction, as family members of former directors
listed in Part VII are interested persons.
Example 6. The facts are the same as in Example 3, except
that the organization pays $75,000 in total during the
organization's tax year for 15 separate transactions to collect
debts owed to the organization. None of the transactions
involves payments to the law partnership in excess of $10,000.
The organization isn't required in this instance to report the
business transactions, because the dollar amounts don't exceed
either the $10,000 transaction threshold or the $100,000
aggregate threshold.
Example 7. The facts are the same as in Example 6, except
that the organization pays $105,000 instead of $75,000.
Because the aggregate payments for the business transactions
exceed $100,000, the organization must report all the business
transactions. The organization can report the transactions on an
aggregate basis or list them separately.
Column (c). The dollar amount of the transaction is the cash or
fair market value of other assets and services provided by the
organization during the tax year, net of reimbursement of
expenses. For joint ventures with interested persons, report the
total amount invested by the organization in the joint venture as
of the end of the organization's tax year, whether or not the
organization invested any part of the amount during the tax year.
Column (d). Describe the transaction(s) by type, such as
employment or independent contractor arrangement, rental of
property, or sale of assets.
Column (e). Check “Yes” if all or part of the consideration paid
by the organization is based on a percentage of revenues of the
organization. For instance, check “Yes” if a management fee is
based on a percentage of revenues, or a legal fee owed to
outside attorneys by a public interest law firm is a percentage of
the amount collected.
Column (a). Enter the name of the interested person involved in
the direct or indirect business relationship with the organization.
If the person has interested person status only as a substantial
contributor, a family member of a substantial contributor, a 35%
controlled entity of a substantial contributor, or an employee
of a substantial contributor or 35% controlled entity of a
substantial contributor, then enter the term “substantial
Part V. Supplemental Information
Use Part V if the organization needs additional space to explain
a transaction or provide additional information. On Part V, identify
the specific part and line number that each response supports, in
the order in which those parts and lines appear on Schedule L
(Form 990). Part V can be duplicated if more space is needed.
contributor” or “related to substantial contributor” (as the case
may be) instead of the interested person's name, in order to
protect the confidentiality of the substantial contributor.
5
2023 Instructions for Schedule L (Form 990)