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Clear Form

FORM G-6A
(REV. 2009)
STATE OF HAWAII — DEPARTMENT OF TAXATION
INSTRUCTIONS FOR FORM G-6 AND FORM G-6S
IMPORTANT NOTE: MAKE SURE THAT THE APPLICATION IS COMPLETE BEFORE FILING WITH THE
DEPARTMENT OF TAXATION. IF THE APPLICATION IS NOT COMPLETE, THIS OFFICE WILL
NOT REVIEW, CONSIDER, NOR APPROVE YOUR EXEMPTION REQUEST.

GENERAL INSTRUCTIONS A group exemption letter issued by LINE-BY-LINE INSTRUCTIONS


the IRS is the document that grants
PURPOSE OF FORM an exemption from federal income
Use Form G-6 or Form G-6S to ap- FORM G-6 AND FORM G-6S
tax. The letter issued to the central
ply for an exemption from the general organization may or may not cover LINES 1 THROUGH 3
excise tax (GET) based on an organi- subordinate organizations. The instructions for completing Lines
zation’s tax exempt status recognized 1 through 3 are the same for Form G-6
by the Internal Revenue Service (IRS) A.  Group Exemption letter
and Form G-6S. The instructions for
under specific sections of the Internal If the group exemption letter issued completing the rest of Form G-6 starts
Revenue Code (IRC) as indicated be- by the IRS covers the subordinate or- on page 2 and ends on page 3. The
low, or as provided for under Hawaii ganization, submit a copy of the letter instructions for completing the rest of
Revised Statutes (HRS) Chapter 237. along with the completed Form G-6. Form G-6S starts on page 3 and ends
B.  No Group Exemption Letter on page 4.
WHICH FORM TO FILE
First, the subordinate organization
Based on the criteria below, use ei- should verify with the central organi- Line 1.  Name of Organization. The
ther Form G-6 or Form G-6S. zation (e.g. a church, or Boy Scouts) name of the organization should be
The following organizations (except that it is not covered under the group the name that appears in the articles
subordinate organizations) may use exemption letter issued by the IRS. If of incorporation or other organizing
Form G-6S: it is not covered, ask the central or- document, including amendments.
1. Organizations recognized by the ganization to include the subordinate Enter the organization’s mailing ad-
IRS as tax exempt under IRC organization in the next annual group dress and business address (where
sections 501(c)(3), (4), (6), or (8) ruling update that it submits to the records are kept), e-mail address, and
no more than three years be- IRS. A conditional approval of Form website, if any. Provide the name of
fore the filing of Form G-6S. or G-6 may be granted until the subordi- a contact person and daytime tele-
nate organization can show that it is phone number, including the area
2. Organizations that have submit- included in the central organization’s code, at which the contact person can
ted an application to the IRS for group exemption. be reached during business hours. All
tax-exempt status under IRC correspondence with the organization,
sections 501(c)(3), (4), (6), or (8) SPECIFIC INSTRUCTIONS including the notice of exemption ap-
no more than three years be- proval, will be addressed to the con-
fore the filing of Form G-6S. IS YOUR APPLICATION COMPLETE? tact person. The organization may
Before submitting Form G-6 or authorize the Department to provide
All other organizations that do not Form G-6S, review the “Is Your Appli- the approval letter and exemption cer-
fall under categories 1 or 2 above cation Complete?” checklist on Page tificate to the organization’s financial
must use Form G-6 including: 4 of the instructions to ensure the ap- or legal advisor instead of the contact
• Subordinate Organizations (See plication is complete, and the required person. Photocopy charges will apply
Subordinate Organizations be- attachments are included with the ap- to requests for copies of these docu-
low for more information.) plication. ments.

• Organizations that filed Form SIGNATURE AND TITLE: Form G-6 Line 2.  GET Exemption Sections:
1023 or 1024 more than 3 or Form G-6S must be signed and Check the box on the application for
years before this application was dated by an officer or person with a the section which describes the orga-
made. valid power of attorney. nization. Only organizations which are
described below may receive a GET
WHERE TO FILE exemption.
Subordinate Organizations
The completed application and Section 237-23(a)(3), HRS: “Fra-
A subordinate organization is a the required attachments should be
chapter, local, post, or unit of a central ternal benefit societies, orders, or
mailed to: associations, operating under the
organization (e.g. a church or the Boy
Scouts). A subordinate organization Hawaii Department of Taxation lodge system, or for the exclusive
may or may not be incorporated, but it Technical Section benefit of the members of the fra-
must have an organizing document. P. O. Box 259 ternity itself, operating under the
Honolulu, HI 96809-0259 lodge system, and providing for the
A central organization is an organi- payment of death, sick, accident,
zation that has one or more subordi- prepaid legal services, or other
nates under its general supervision or TELEPHONE NUMBER: 808-587-1577 benefits to the members of such so-
control. A central organization may be cieties, orders or associations, and
a subordinate itself, such as a State PROCESSING TIME: Processing of
Form G-6 or Form G-6S will usually to their dependents.”
organization that has subordinate
units and is itself affiliated with a cen- take approximately 6 to 8 weeks from Section 237-23(a)(4), HRS: “Cor-
tral (national) organization. the date the complete application is porations, associations, trusts, or
received by the Department. societies organized and operated
exclusively for religious, charitable,
FORM G-6A PAGE 2
(REV. 2009)

scientific, or educational purposes, cause of certain intervening ration, articles of association, con-
as well as that of operating senior events beyond the organization’s stitution, trust instrument, or any
citizens housing facilities qualify- control or, because after exercis- other written instrument by which
ing for a loan under the laws of ing reasonable diligence (taking it is created and sets forth the pur-
the United States as authorized by into account the organization’s poses of the organization. A subor-
section 202 of the Housing Act of experience), the organization was dinate organization may or may not
1959, as amended, as well as that unaware of the necessity of the be incorporated, but it must have an
of operating a prepaid legal servic- application; organizing document.
es plan, as well as that of operating B. By-Laws — Submit a copy of the
or managing a homeless facility, or (3) The organization reasonably re-
lied on the written advice of the organization’s executed by-laws. If
any other program for the homeless the organization does not have any
authorized under part VII of chapter Department; or
by-laws, the organization should
356D.” provide a written statement to this
(4) The organization was unaware of
Section 237-23(a)(5), HRS: “Busi- the necessity for filing the applica- effect.
ness leagues, chambers of com- tion and reasonably relied on a C. and D. IRS Determination Letter
merce, boards of trade, civic qualified tax professional, includ- Granting Federal Tax Exemption
leagues, agricultural and horticultur- ing a tax professional employed — Submit a copy of the IRS letter
al organizations, and organizations by the organization, and the tax granting the organization exemption
operated exclusively for the benefit professional failed to make or ad- from the federal income tax. If the
of the community and for the pro- vise the organization to file the ap- IRS has not yet issued the deter-
motion of social welfare which shall plication. mination letter, the Department can
include the operation of a prepaid approve the Form G-6 on a condi-
legal service plan, and from which The request for a retroactive effec- tional basis. It is recommended that
no profit inures to the benefit of any tive date must be accompanied by a you file Form G-6 even if you have
private stockholder or individual.” detailed affidavit describing the events not yet received the IRS determina-
that led to the failure to make a valid tion letter. Upon receipt of the IRS
Section 237-23(a)(6), HRS: “Hos- application and to the discovery of the determination letter, a copy must
pitals, infirmaries, and sanitaria.” failure. When the organization relied be submitted to the Department,
on a qualified tax professional for ad- and the Department will change the
Line 3. Effective date requested. vice, the organization’s affidavit must
Enter the date the organization wants conditional exemption to a perma-
describe the engagement and respon- nent exemption. If the IRS does not
to have the exemption begin. If no date sibilities of the professional as well as
is indicated, the effective date will be make a favorable determination,
the extent to which the organization the Department will revoke the con-
the date the application is filed with relied on the professional. The affidavit
the Department of Taxation, or if the ditional exemption.
must be accompanied by a dated dec-
application is filed within the first 3 laration, signed by an authorized rep- If the organization is covered under
months of the organization’s activity resentative of the organization, which a group exemption granted by the
in Hawaii, then the exemption will be states “Under penalties provided by IRS to a central organization, sub-
effective as of the date the organization section 231-36,HRS, I declare that I mit (1) a copy of the IRS letter grant-
started its activities in Hawaii. Any have examined this request, including ing the central organization a group
taxable income received prior to the accompanying documents, and, to the exemption from the federal income
effective date of the exemption is best of my knowledge and belief, the tax, and (2) a letter from the central
subject to the GET. request contains all the relevant facts organization stating that the subor-
relating to the request, and such facts dinate organization is included in
Required statement: are true, correct, and complete.” The the IRS group exemption letter.
The Department may grant retroac- individual who signs for the organiza- Note: Churches, their integrated
tive approval if the organization can tion must have personal knowledge of auxiliaries, and conventions or as-
show that it acted reasonably and in the facts and circumstances at issue. sociations of churches, or any or-
good faith by not filing it’s application The request for retroactive approval ganization (other than a private
sooner. If the requested effective date of an organization’s application must foundation) normally having annual
is before the date the application is also state whether the Department is gross receipts of not more than
filed and the effective dates indicated examining or auditing the organiza- $5,000 are not required to apply for
above do not apply, attach a statement tion’s returns for periods within the ret- recognition of exempt status with
to the application, in the form of an af- roactive request period. the IRS, therefore, they are not re-
fidavit as described below, giving rea- quired to submit the IRS determi-
sons why the requested effective date COMPLETING FORM G-6 nation letter. The organization must
should be granted (i.e., how the orga- enter its federal employer identifica-
nization acted reasonably and in good Line 4.  Under what section of tion number on line 5C.
faith), and why the application was not the IRC is the applicant qualified
submitted earlier. An organization will for federal tax exemption? If the organization is a subordinate
be considered to have acted reason- If you do not know the section, contact controlled by a central organization
ably and in good faith if: the IRS. (for example, a church or the Boy
(1) The organization files its applica- Scouts), check with the central orga-
tion before the Department dis- Line 5.  Items A - E MUST Be Sub- nization to see if it has been issued
covers the organization has not mitted With the Completed Applica- a group exemption letter that cov-
filed an application for exemption; tion: ers the subordinate organization.
A. Articles of Organization — The If the group exemption letter does
(2) The organization inadvertently organization must include an exe- not cover the subordinate organiza-
failed to file the application be- cuted copy of its articles of incorpo- tion, ask the central organization to
FORM G-6A PAGE 3
(REV. 2009)

include it in the next annual group Under the Laws of. Enter the state or sheet from Hawaii activities only. If no
ruling update that it submits to the foreign country where the organization assets or liabilities are from Hawaii ac-
IRS. A conditional approval of this was legally created. tivities, the organization should state
application for exemption from GET this on Schedule C.
may be granted until the subordi- Name of the Central Organization.
If part of a central (national) organiza- If the organization is a church that
nate organization can show that it operates a preschool or day-care cen-
is included in the central organiza- tion, indicate the name of the central
organization. ter, a comparative balance sheet for
tion’s group exemption letter. the preschool or day-care center must
E. $20 Registration Fee — There is a Organization’s Accounting Year End. be provided in addition to and sepa-
one-time registration fee of $20 that Enter the month and day the organiza- rate from the comparative balance
must be paid. Make the check pay- tion’s annual accounting period ends. sheet for the church.
able to: HAWAII STATE TAX COL-
LECTOR. If the organization has a Character of Organization. Indicate SCHEDULE D — COMPARATIVE
general excise tax license and has the character of the organization, for STATEMENT OF RECEIPTS AND
already paid the $20 GET fee, the example: educational, scientific, busi- DISBURSEMENTS:
organization does not have to pay ness league, civic league, or an or- The organization must provide an
the $20 registration fee with the ganization for the promotion of social itemized statement of receipts and
Form G-6. The organization must welfare. disbursements for the previous year
enter their Hawaii Tax I.D. Number and the current year. If the organization
on line 5E. If the organization has Purpose for Which Organized. Fully was recently formed and it has not
an employer’s withholding identi- describe the purpose for which the or- generated any income nor incurred
fication number but not a GET li- ganization was formed. When describ- expenses, prepare a projected budget
cense, the organization must pay ing the organization’s purpose and ac- of anticipated income and related
the $20 registration fee with this tual activities in Hawaii, do not merely expenses covering the current year
application since there is no fee for repeat the purpose clause from the and the next year. The statement
acquiring an employer’s withholding articles of organization. should be a compilation of receipts
identification number. Do not enter and expenses for the year, not a listing
the withholding identification num- Actual Activities in Hawaii. Fully de-
scribe what the organization’s activi- of checks and deposits.
ber in the space provided.
ties are, who conducts them, when and If the organization is engaging in
F. Form BB-1 — If the organization is where they take place, how it relates business both within and without Ha-
or will be engaging in any fundrais- to its purpose, and how it is funded. waii, including a central (national) or-
ing activities and does not have a ganization that is opening or establish-
GET license, it must submit Form Types of Income. Fully describe all ing a Hawaii chapter, the organization
BB-1, State of Hawaii Basic Busi- types and sources of income (e.g., do- must provide a comparative statement
ness Application, to apply for a GET nations, grants, fundraisers) that the of receipts and disbursements from
license. In general, “fundraising organization receives. Hawaii activities only. If no receipts and
activities” (e.g., golf tournaments, disbursements are from Hawaii activi-
bake sales, car washes, silent auc- Disposition of Income. Fully describe ties, the organization should state this
tions) are activities conducted with how the organization uses its income. on Schedule D.
the intention of generating income,
and are outside of the organiza- SCHEDULE B — LIST OF OFFICERS, If the organization is a church that
tion’s stated exempt purpose. In- DIRECTORS OR TRUSTEES: operates a preschool or day-care cen-
come from fundraising activities are List the full name, address, daytime ter, a comparative statement of re-
subject to the GET. telephone number, office held, salary, ceipts and disbursements for the pre-
and time devoted to duties for each of- school or day-care center must be pro-
ficer, director, or trustee, as applicable. vided in addition to and separate from
SCHEDULE INSTRUCTIONS the comparative statement of receipts
Attach a separate sheet if more space
is needed. and disbursements for the church.
NOTE: SCHEDULES A, B, C, and D
MUST BE COMPLETED.
SCHEDULE C — COMPARATIVE COMPLETING FORM
SCHEDULE A — STATEMENT OF BALANCE SHEET: G-6S
ORGANIZATION: The comparative balance sheet
must show assets, liabilities, and net Line 4.  Date Organization’s Hawaii
Date of Inception. Enter the date worth as of the end of the previous Activity Began. Enter the date that
(month, day, year) the organization year and current year. If the organiza- the organization’s Hawaii activity be-
was legally created. This date should tion was recently formed and it has not gan if the date is different from the or-
be consistent with the your organizing yet acquired any assets nor incurred ganization’s date of inception.
document. liabilities, you need not complete this
schedule. The organization should, Line 5.  Items A - C MUST Be Submit-
Date Organization’s Hawaii Activity ted With the Completed Application:
Began if Different from Date of In- however, state on Schedule C that
ception. Enter the date (month, day, they do not have any assets or liabili- A. Federal Form 1023 or 1024 — If
year) the organization began its activi- ties. you are an organization described
ties in Hawaii if different from the date If the organization is engaging in in IRC section 501(c)(3), submit a
of inception. Subordinate organiza- business both within and without Ha- copy of the federal Form 1023, in-
tions are to enter the date their Hawaii waii, including a central (national) or- cluding all attachments such as the
activity began, whether or not that date ganization that is opening or establish- organization’s articles of incorpora-
is the same as the date of inception. ing a Hawaii chapter, the organization tion and by-laws, that you filed with
must provide a comparative balance the IRS. If you are an organization
FORM G-6A PAGE 4
(REV. 2009)

described in IRC sections 501(c) Department, and the Department withholding identification number in
(4), (6), or (8), submit a copy of the will change the conditional exemp- the space provided.
federal Form 1024, including all at- tion to a permanent exemption. If D. Form BB-1 — If the organization is
tachments such as the organiza- the IRS does not make a favorable or will be engaging in any fundrais-
tion’s articles of incorporation and determination, the Department will ing activities and does not have a
by-laws, that you filed with the IRS. revoke the conditional exemption. GET license, it must submit Form
If the federal Form 1023 or 1024 C. $20 Registration Fee — A one- BB-1, State of Hawaii Basic Busi-
was filed more than three years be- time registration fee of $20 must be ness Application, to apply for a GET
fore this application is made, Form paid. Make the check payable to: license. In general, “fundraising
G-6S may not be used. You must HAWAII STATE TAX COLLECTOR. activities” (e.g., golf tournaments,
use Form G-6. If the organization has a general bake sales, car washes, silent auc-
excise license and has already paid tions) are activities conducted with
B. IRS Determination Letter Grant- the $20 general excise license fee, the intention of generating income,
ing Federal Tax Exemption — the organization does not have to and are outside of the organiza-
Submit a copy of the IRS letter pay the $20 registration fee with the tion’s stated exempt purpose. In-
granting your organization exemp- Form G-6S. The organization must come from fundraising activities are
tion from the federal income tax. enter their Hawaii Tax I.D. Number subject to the GET.
If the IRS has not yet issued the on line 5C. If the organization has
determination letter, the Depart- an employer’s withholding identi- Line 6. List the Organization’s
ment can approve the Form G-6S fication number but not a general Hawaii activities and related in-
on a conditional basis. It is recom- excise license, the organization come from those activities.
mended that you file Form G-6S must pay the $20 registration fee List each of the organization’s Hawaii
even if you have not yet received since there is no fee for acquiring activities in the left column. In the right
the IRS determination letter. Upon an employer’s withholding identi- column, identify the kind of income re-
receipt of the IRS determination let- fication number. Do not enter the ceived, if any, from each activity. Ex-
ter, a copy must be submitted to the amples are printed on the first line of
item 6.

Is Your Application Complete?


Form G-6 and Form G-6S filers:
__ The application is signed.
__ A check is enclosed or the organization’s Hawaii General Excise Tax I.D. Number is filled-in, as applicable.
__ A statement supporting request for retroactive approval of exemption is enclosed, if applicable.
__ Form BB-1, State of Hawaii Basic Business Application, if applicable.

Form G-6 Filers:


__ All items in Schedules A and B are complete.
__ Schedule C, Comparative Balance Sheet for Hawaii Activities, is completed for 2 full years (not applicable for
organizations less than a year old having no assets).
__ Schedule D, Comparative Statement of Receipts and Disbursements for Hawaii Activities, is completed for 2 full
years (or 2 year projected budget).
__ Articles of Incorporation, including amendments, are enclosed.
__ Current by-laws are enclosed.
__ A copy of the IRS determination letter approving federal tax exemption is enclosed or the box on line 5 C is
checked.

Form G-6S Filers:


__ Information requested on both pages of Form G-6S is completely filled in.
__ A copy of the organization’s federal Form 1023 or Form 1024 filed within 3 years of this application, including
ALL attachments, is enclosed.
__ A copy of the IRS determination letter approving federal tax exemption is enclosed or the box on line 5B is
checked.

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