Current through Register Vol. 41, No. 3, September 23, 2024
A.
Documentation required for registration . Except as provided in subsection B of
this section, every charitable organization subject to registration, pursuant
to § 57-49 of the Code of Virginia , shall file with the commissioner an
annual registration renewal on a form prescribed by the commissioner or the
Unified Registration Statement, with all questions answered, with two
signatures, and with all attachments required by Chapter 5 (§ 57-48 et
seq.) of Title 57 of the Code of Virginia, on or before the 15th day of the
fifth calendar month following the end of the organization's fiscal year. The
completed registration statement shall include the following attachments:
1. Fee. The appropriate annual fee in the
amount prescribed in subsection E of § 57-49 of the Code of Virginia, made
payable to "Treasurer of Virginia";
2. Financial report. A copy of one of the
following:
a. The completed IRS Form 990, Form
990-PF, or Form 990-EZ, for the past fiscal year, with all schedules, as
required by the IRS, except Schedule B, and with all attachments, as filed with
the IRS. The form must be signed or , if the form is filed electronically with
the IRS, the organization must submit a copy of the IRS e-file signature
authorization ;
b. Certified
audited financial statements for the past fiscal year; or
c. If the annual income of the organization
qualifies the organization to file Form 990-N with the IRS, a certified
treasurer's report for the past fiscal year;
3. Key personnel. A listing for the current
fiscal year of the officers, directors, trustees, and principal salaried
executive staff officer, including their names , addresses, and titles within
the organization;
4. Contracts. A
signed copy of all current contracts with any professional fund-raising counsel
and any professional solicitor, as required by § 57-54 of the Code of
Virginia ;
5. Governing documents.
If the organization is incorporated, a copy of any certificate of
incorporation, any articles of incorporation, or amendments to these documents
not previously filed with the commissioner ; if unincorporated, any amendments
to the governing documents not previously filed with the
commissioner;
6. Bylaws. A copy of
any bylaws or amendments to that document not previously filed with the
commissioner; and
7. Tax exemption.
If the organization is listed with the IRS as tax exempt, a copy of any IRS
determination letter or subsequent notifications of modification not previously
filed with the commissioner.
B. Consolidated, or "joint," registration. A
statewide or national charitable or civic organization may file a consolidated,
or "joint," registration with the commissioner, as described in subsection B of
§ 57-49 of the Code of Virginia , on behalf of its local chapters, which
shall not be considered complete unless accompanied by all supporting
documentation specified in subsection A of this section, if:
1. The parent organization shares a group IRS
exemption status with its chapters and all financial reporting is consolidated
in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in
its certified audited financial statements ; if the organization's annual
income qualifies the organization to file Form 990-N with the IRS, in its
certified treasurer's report; or
2.
Each chapter has its own separate IRS exemption status, but the organization's
articles of incorporation or bylaws state that all financial matters are
managed by the parent organization and all financial reporting is consolidated
in the parent organization's IRS Form 990, Form 990-PF, or Form 990-EZ, or in
its certified audited financial statements ; if its annual income qualifies the
organization to file Form 990-N with the IRS, in its certified treasurer's
report.
C. Standard of
reporting contributions. Every charitable organization subject to registration,
pursuant to § 57-49 of the Code of Virginia , shall:
1. Report the gross contributions when the
solicitation does not include goods or services;
2. Report as gross contributions the
valuation of any goods or services solicited for resale. Such valuation shall
be determined as prescribed in the American Institute of Certified Public
Accountants standards for reporting donated goods and services;
3. Report the gross contributions when the
solicitation includes the sale or donation of tickets for use by third parties,
or when the goods or services sold are of nominal value; and
4. Report contributions, which may be
reported as the net contributions only, when received from special events
including, but not limited to, dinners, dances, carnivals, raffles, and bingo
games, when the goods or services offered are of more than nominal value in
return for a payment higher than the direct cost of the goods or services
provided.
D. Extension
of time to file with the commissioner . Any charitable organization that cannot
complete its registration renewal on or before the 15th day of the fifth
calendar month following the end of the organization's fiscal year may request
in writing, as provided in subsection E of § 57 -49 of the Code of
Virginia , an extension of time to file with the commissioner . Payment of fees
is not required with such a request. Fees are due when the registration is
filed. A charitable organization may request an extension of time to file with
the commissioner , and an extension may be granted under the following
conditions:
1. The charitable organization
shall send a written request to the commissioner stating that the organization
is requesting an extension of time to file with the commissioner its
registration renewal. If the organization has requested , from the IRS , an
extension of time to file its IRS Form 990, Form 990-PF, or Form 990-EZ, the
organization may send to the commissioner a copy of the IRS extension request
in lieu of the written request.
2.
If no time period is specified in the written request for extension of time to
file, the commissioner shall grant an extension of time to file of 90
days.
3. If the charitable
organization is unable to complete its registration renewal within the time
period granted by the commissioner in the extension of time to file, the
charitable organization may request an additional extension of time to
file.
4. In any case, the extension
or total of all extensions requested from and granted by the commissioner shall
be for no longer than six months after the 15th day of the fifth calendar month
following the end of the organization's fiscal year.
5. The organization's registration shall
lapse if the annual renewal is not filed by the 15th day of the fifth calendar
month following the end of the organization's fiscal year and no extension of
time to file is requested from and granted by the commissioner, or if the
annual renewal is not filed by the end of the extension period granted. If the
organization's registration lapses, the organization shall file an initial
registration and pay the initial registration fee in addition to the annual
registration fee , as prescribed by
2VAC5-610-20.
Statutory Authority: § 57-66 of the Code of
Virginia.
