14 Ill. Adm. Code 400.60
Annual Reports for Charitable Organizations
Section 400
Section 400.60 Annual
Reports for Charitable Organizations
a) To complete a proper annual report filing, all annual reports
required under the Act must be filed on the form prescribed by the Attorney
General entitled "AG990-IL" (Illinois Charitable Organization Annual
Report) available on the Attorney General's website at
https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities, and with
the attachments prescribed by the form and this Section, signed by both the
president of the organization or other authorized officer, and the chief fiscal
officer, and with all required statutory fees paid prior to the due date.
b) Each annual financial report is due within six months after
the close of the organization's fiscal year. An organization may request a 60-day
extension of the due date pursuant to Section 4(f) of the Act.
c) Failure to file a complete annual report including all
required attachments, along with payment of fees due prior to the due date,
shall result in the organization being classified delinquent, and shall subject
the organization to the payment of a late filing fee.
d) On each annual report an organization must report separately
all program costs associated with a joint cost fundraising appeal to the extent
such was allocated to charitable program service expense and included on the
annual report as charitable program service expense. The organization must
maintain written records showing how the allocation was determined and the
reasoning behind it.
e) The form and attachments required for an organization's annual
report are determined by the amount of its contributions during the reporting
fiscal period or whether it has used the services of a paid professional fund
raiser as follows:
1) Any organization that received contributions of more than $500,000
in any reporting fiscal year or any organization that employed professional
fund raisers during any part of the fiscal year who raised contributions
totaling more than $25,000 during the organization's fiscal year must file:
A) The Illinois Charitable Organization Annual Report form signed
by the president or other authorized officer and the chief fiscal officer of
the organization;
B) A copy of the Federal Internal Revenue return and/or report as
required by the Internal Revenue Code and incorporated attachments for the same
period;
C) Financial statements and the certification of an independent
certified public accountant. Certification must be in the form of an
unqualified or unmodified opinion letter;
D) All required statutory fees, including all late fees and
re-registration fees; and
E) If the organization employs a professional fund raiser, the
Illinois Fundraising Campaign form for each professional fundraising campaign
conducted during the fiscal period in the form prescribed by the Attorney
General entitled "Form IFC" (Report of Individual Fundraising
Campaign) available on the Attorney General's website at https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities.
2) Any
organization that received contributions of more than $300,000 but less than
$500,000 that did not employ professional fund raisers during any part of the
fiscal year who raised contributions totaling more than $25,000 during the
organization's fiscal year must file:
A) The
Illinois Charitable Organization Annual Report form entitled
"AG990-IL" (Illinois Charitable Organization Annual Report) available
on the Attorney General's website at
https://www.illinoisattorneygeneral.gov/Consumer-Protection/Charities, signed
by the president or other authorized officer and the chief fiscal officer of
the organization;
B) A copy
of the federal Internal Revenue return and/or report as required by the federal
Internal Revenue Code and incorporated attachments for the same period;
C) Reviewed
financial statements that include a report signed by an independent certified
public accountant stating that the independent certified public accountant is
not aware of any material modifications that should be made to the financial
statements in order to permit public evaluation of its operations; and
D) All
required statutory fees, including all late fees and re-registration fees.
3) Any organization that received contributions of more than
$25,000 but not in excess of $300,000, or any organization that employed
professional fund raisers who raised contributions of $25,000 or less during
the organization's fiscal year, need not file an independent certified public
accountant's opinion or reviewed financial statement but must submit all of the
other items required and listed in subsection (e)(1) above.
4) Any organization that received contributions of more than
$15,000 but not in excess of $25,000 during its fiscal year must file an annual
report, but it may make a simplified filing by submitting:
A) A financial statement using the Illinois Charitable
Organization Annual Report form disclosing total receipts, total disbursements
and assets on hand at the fiscal year end, accompanied by an attestation to the
truth of the financial statement; and
B) All required statutory fees.
5) Certain organizations registered under the Act that are not
required to file an annual report for a specific fiscal year under the Act, may
be required to file under the Charitable Trust Act [760 ILCS 55].
f) Charitable organizations that have made a consolidated
registration pursuant to Section 2(g) of the Act shall include in their annual
report such additional detailed financial information as will fairly represent
the financial position of each of the affiliated groups.
g) Extensions of Time
1) The
Attorney General shall, upon written request, extend for 60 days the time for
filing the annual financial report. For organizations that are in compliance
with the registration and annual report requirements of the Solicitation for
Charity Act, w
ritten extension requests are
automatically granted if received on or before the due date. The Attorney
General will accept written requests submitted by mail, email, fax, or
in-person drop-off at the following office address, email address, or fax
number:
Office
of the Illinois Attorney General
Charitable
Trust Bureau
115
South LaSalle Street
Chicago,
Illinois 60603
Email:
Attorney_General@ilag.gov
Fax:
(312) 814-2596
The
Attorney General may also accept written requests submitted to other Attorney
General office locations, email addresses, or fax numbers
.
2) If an organization receives an extension of time from the federal
Internal Revenue Service, that would extend its federal tax return or report
due date to a date later than the Attorney General's due date, the organization
may obtain an additional extension from the Attorney General coinciding with
the same Internal Revenue Service due date. The request for extension of time
made pursuant to this section must be made in writing and include a copy of the
extensions of time granted by the federal Internal Revenue Service or a copy of
the Internal Revenue Service Form 8868 requesting an extension of time.
3) An organization may make a request for extension of time
pursuant to subsection (g)(1), (g)(2), or both (g)(1) and (g)(2). An
organization may make a request for extension of time pursuant to subsection
(g)(1) or (g)(2) separately or at the same time. An organization need not make
an extension request pursuant to subsection (g)(1) in order to make a request
for extension of time pursuant to subsection (g)(2).
4) All requests for extension of time must be made in writing
prior to the organization's original or extended Annual Report due date.
h) Failure to file a timely and complete financial report will
result in penalty fees and/or a fine and subjects the organization's
registration to cancellation.
i) Upon cancellation the organization must cease operations.