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| Duplication Fees
for Exempt Organization Public Disclosure Documents |
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| The IRS
published final regulations on January 5, 2005 providing that
fees for copies of exempt organization documents may be no more
than the fees under the Freedom of Information Act. The
regulation, Treasury Decision 9173, concerns both fees assessed
by the IRS for providing copies of documents that must be made
publicly available and fees that exempt organizations may charge
for copies they must provide requestors.
The regulations make clear that
fees charged by the IRS for supplying copies cannot exceed the
amounts listed in the agency’s Freedom of Information Act Fee
Schedule. Under that schedule, when copies are requested from
the IRS, the first 100 pages copied by or for requestors are
free of charge, unless it is a commercial requestor. The
fee is $.20 a page after the first 100 pages.
Exempt organizations may charge
fees corresponding to the IRS per-page copying fees, however,
they need not provide the first 100 pages free of charge.
The final regulations make permanent the temporary regulations published in the Federal Register on July 9, 2003. These regulations were issued to provide further detail on compliance with rules that require tax-exempt organizations (other than private foundations) to provide copies of certain tax documents to requesting individuals. Generally, these documents must be provided immediately for in-person requests and within 30 days for written requests. The rules allow tax-exempt organizations to charge a reasonable copying fee plus actual postage, if any.
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The IRS Commissioner periodically reviews and sets the fees, which
are currently established at $.20 per page, up to 8 by 14 inches,
made by photocopy or similar process, and actual cost for other
types of duplication.
The regulation concerns documents that
must be made publicly available under Internal Revenue Code 6104,
which contains the exempt organization rules related to public
inspection of certain annual returns, reports, and applications for
exemptions.
Last updated: January 10, 2005
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