Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 2.00 - Regulations Of The Director Of Public Charities
Section 2.02 - Filing of Reports

(a) A public charity that is exempt from filing a return pursuant to Treasury Regulation § 1.6033-2(g)(1)(i) or (ii) or (iv) or (vii).

(b) Any public charity that is not exempt from filing under 940 CMR 2.02(1)(a), but holds property "for any religious purpose" as defined in 940 CMR 2.01, and believes that it would involve a hardship to separate such property from property held for nonreligious purposes for the purposes of filing reports under M.G.L. c. 12, § 8F, or any public charity which is in doubt as to whether property is held "for any religious purpose" as so defined, may make written application to the Director for exemption from filing, and the Director shall have full discretion to grant or deny such exemption either in full or in part.

(c) A public charity which pays its total net income to a department or agency of the Commonwealth, City, Town, or other subdivision of the Commonwealth and which submits a financial report to such agency.

(d) A public charity, all of the trustees of which are duly elected or appointed by a municipal or state department or agency, and the accounts of which are subject to audit by the auditors of the Commonwealth.

Any public charity exempt from filing reports pursuant to 940 CMR 2.02(1)(a) through (d) shall not be required to register under M.G.L. c. 12, § 8E.

(a) A Private Foundation as defined by Internal Revenue Code Section 509(a) which files a complete and accurate copy of Federal Forms 990 PF and 990 AR with its annual report;

(b) A trust which is required to account to the Probate Court on a periodic basis and which files its annual probate account in the form prescribed by M.G.L. c. 206, § 2 with its annual report; and

(c) A trust or other fund which prepares an annual probate account in the form prescribed by M.G.L. c. 206, § 2, the trustee of which is subject to audit by the Comptroller of the Currency, Federal Deposit Insurance Corporation, or Commonwealth of Massachusetts Commissioner of Banks and the funds of which are audited by the independent certified public accountants of the institution holding the funds.

(a) the value of donated land to a land conservation trust;

(b) the value of an unusual, large, nonrecurring, donation of tangible personal or real property to any public charity provided that such property is used in conducting the organization's charitable programs.