Massachusetts Form 5768 2016-2025

Massachusetts Form 5768: What You Should Know

Nov 10, 2025 — Section 501(c)(3) organizations that have filed Form 5768 (election under section 501(h)): Complete Part II-B Filed by: Elected by: The Secretary of the Commonwealth of Massachusetts Section 501(c)(3) Organizations that have filed Form 5768 (election under section 501(h)): The following elections may be made by the Secretary: The Secretary is authorized to elect to use a separate election for a certain tax treatment or penalty. This election must be made by submitting a written request, under penalty of perjury, with a copy of the following statement on a form provided to the Secretary of the Commonwealth of Massachusetts to the office in which Form 5768 was filed: “I, _______ and in the name of the ___________________ of _______________, do make and file as of _____________ the enclosed written statement of election to use a separate election for one or more of the above-mentioned tax treatments or penalties.” If the Secretary is unsure whether the election made by the organization in accordance with the notice above will be allowed by the Internal Revenue Service for a tax treatment or penalty, the Secretary shall advise the organization if he or she should file a proposed return as an election under section 1120(b) (2) (A) (i) (H) of the Internal Revenue Code of 1986 and shall send a detailed description of the proposed tax treatment or penalty to the organization and any authorized representative, as follows: A. “The tax treatment or penalty you seek will not be allowed by the Internal Revenue Service. However, if the election you have requested will not be allowed by the IRS, you should notify the Office of the Commissioner of Internal Revenue, Internal Revenue Service, One Treasury Plaza, 10th Floor, New York, NY 10, Attn: Director, Office of Tax Programs.” B. “The tax treatment or penalty you seek will be allowed by the Internal Revenue Service.” If not so allowed, or if you have other information necessary to understand whether the election will be allowed by the IRS, then you should also notify the Office of the Commissioner of Internal Revenue, Internal Revenue Service, One Treasury Plaza, 10th Floor, New York, NY 10, Attn: Director, Office of Tax Programs.” C.

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