N.Y. Comp. Codes R. & Regs. tit. 13 § 91.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 91.7 - Combined annual financial report

(a)Authorization to file a combined annual financial report.

Upon prior written authorization by the Attorney General, a parent charitable organization which has one or more affiliates may file a combined annual financial report for itself and its affiliates. Affiliates that do not have a parent-subsidiary relationship cannot file a combined report. For this purpose affiliate shall include any chapter, branch, auxiliary or other subordinate unit of any registered charitable organization, however designated, whose policies, fund-raising activities and expenditures are supervised or controlled by the parent charitable organization. The Charities Bureau, in its discretion, may deny a request to file a combined report by the parent organization if any of the following facts are present:

(1) The parent organization does not file a group return IRS form 990 for its subordinate organizations with the IRS.

(2) The parent organization and its affiliates do not consolidate their audited financial statements.

(3) The parent organization has one or more affiliates that are not included in the group return and/or consolidated financial statements.

(4) The parent organization has one or more affiliates that are registered and file separately with the Attorney General and, therefore, would not be included in the combined report.

(5) The parent organization and its affiliates have different fiscal years.

(b)What documents to submit.

The following documents constitute a complete combined annual financial report for a charitable organization:

(1) CHAR500-C (combined annual financial report) or a successor form, which shall include identifying and contact information, annual report exemption claim information, information regarding the submission of schedules required under article 7-A and a list affiliate organizations.

(2) Schedules.

(i) Schedule 4a (professional fund raisers [PFR], fund raising counsels [FRC], commercial co-venturers [CCV]) or a successor form schedule is required for either the parent or any of its affiliate organizations that contracted with or used the services of a PFR, FRC or CCV for fund raising activity in New York State during the reporting period and shall indicate the type of fund raising professional, as defined in article 7-A, section 171-a, and include contact information and information regarding the services provided, terms of the contract and fees paid.

(ii) Schedule 4b (government contributions [grants]) or a successor form schedule is required for the parent or any of its affiliate organizations that received a contribution or grant from a government agency during the reporting period and shall include the name of each agency from which contributions were received and the amount of each contribution.

(iii) Schedule 6a (individual affiliate summary) or a successor form schedule is required for each affiliate organization that is part of the combined report and shall include annual report exemption information, a financial summary (if the affiliate is registered under article 7-A and does not claim the article 7-A annual report exemption) and fee information.

(iv) Schedule EDS (Electioneering Disclosure Schedule) or a successor form is required for covered organizations that must file such form pursuant to section 91.6 of this Part.

(3) A consolidated financial statement, including an independent accountant's audit report with accompanying notes prepared in accordance with GAAP.

(4) A copy of the letter from the Attorney General authorizing use of CHAR500-C, its predecessor form or its successor form.

(5) A copy of the parent organization IRS form 990 and schedules.

(6) A copy of the IRS form 990 group return and schedules.

(c)What fees to submit.

(1) Parent organization article 7-A filing fee. The parent organization article 7-A filing fee is $25.

(2) Affiliate organizations combined article 7-A filing fee. The article 7-A fee for each individual affiliate included in the combined annual financial report with a registration type of article 7-A or dual, as defined in section 91.2 of this Part, that does not claim the affiliate article 7-A annual report exemption is $10, up to a maximum of $475 in the aggregate for all individual affiliates included in the combined annual financial report.

(3) Parent organization EPTL filing fee. Parent organization with registration type article 7-A, as defined in section 91.2 of this Part, and parent organizations with registration type dual that claim the parent organization EPTL annual report exemption do not owe any parent organization EPTL filing fee. Otherwise, the parent organization EPTL filing fee is based on the net worth of the parent organization at the end of the reporting period, as indicated in the following schedule:

(i) $25, or any other fee mandated by the EPTL as amended, if the organization's total fund balance at the end of the reporting period is less than $50,000;

(ii) $50, or any other fee mandated by EPTL as amended, if the organization's total fund balance at the end of the reporting period is $50,000 or more but less than $250,000;

(iii) $100, or any other fee mandated by the EPTL as amended, if the organization's total fund balance at the end of the reporting period is $250,000 or more but less than $1 million;

(iv) $250, or any other fee mandated by the EPTL as amended, if the organization's total fund balance at the end of the reporting period is $1 million or more but less than $10 million;

(v) $750, or any other fee mandated by the EPTL as amended, if the organization's total fund balance at the end of the reporting period is $10 million or more but less than $50 million; or

(iv) $1,500, or any other fee mandated by the EPTL as amended, if the organization's total fund balance at the end of the reporting period is $50 million.

(4) Affiliate organizations combined EPTL filing fee. The EPTL fee for each individual affiliate included in the combined annual financial report with a registration type of EPTL or dual, as defined in section 91.2 of this Part, that does not claim the affiliate EPTL annual report exemption is based on the individual affiliate's net worth at the end of the reporting period, as indicated in paragraph (3) of this subdivision.

(5) Total filing fee. The total filing fee is the sum of all of the filings fees in paragraphs (1) through (4) of this subdivision.

(d)When to file.

(1) All combined annual financial reports must be mailed, postmarked by the 15th day of the 5th month after the organization's accounting period ends. For example, a report for the fiscal year ended December 31, 2004 is due by May 15, 2005. If the regular due date falls on a Saturday, Sunday or legal holiday, file on the next business day. A business day is any day that is not a Saturday, Sunday or legal holiday.

(2) Extension of time to submit an annual filing. Organizations filing a combined annual financial report may request an extension of time to submit an annual filing according to the procedures described in section 91.5(f)(3) of this Part.

(e)Certification.

Each consolidated annual financial report shall be signed as follows, and each signature shall be accompanied by the signatory's printed name and title and the date signed. Certifications must be signed by both the president or another authorized officer and the chief financial officer or treasurer.

N.Y. Comp. Codes R. & Regs. Tit. 13 § 91.7

Amended New York State Register July 3, 2018/Volume XL, Issue 27, eff. 7/3/2018