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last updated 7/16/2009

Questions about charitable trust registration

The 4Ws of Charitable Trust Registration:

The Iowa Attorney General has a legal mandate to oversee charitable trusts.  Beginning July 1, 2009, charitable trusts are required to register with the Attorney General, pursuant to Iowa Code 633A.5107.  This statute gives the Attorney General a tool to discover the location of charitable assets in the state, and to better ensure that the purposes of any specific charitable entity are being properly fulfilled.

Who Must Register?

  • Charitable trusts administered in Iowa with more than $25,000 in assets

  • Essentially all charitable trusts receiving federal tax benefits
    • Trusts with 501 (c) (3) status

    • Charitable Remainder Trusts

    • Charitable Lead trusts

What Must Be Filed?

  • Registration Form
    • The registration form requires that trusts provide information about the organization and purposes of the trust. 

    • The form asks filers to also provide a copy of the trust’s organizing instrument and basic financial information. 

    • Filers may choose to complete the financial information section on the form, OR provide a copy of the organization’s tax return, OR provide a copy of the annual report to the trustees, as provided in Iowa Code § 633A.4213.

  • Annual Report
    • Following initial registration, trusts must submit an annual report.  This requirement may be satisfied by either:

    • Filing an Attorney General Form, OR

    • Providing a copy of the organization’s tax return, OR

    • Providing a copy of the annual report to the trustees, as provided in Iowa Code § 633A.4213.


When Must It Be Filed?

  • REGISTRATION FORM
    • New trusts must file the Registration Form within 60 days of the creation of a new trust.

    • Existing trusts must complete initial filing within 135 days of the close of the trust’s next fiscal year after effective date of act (07/01/2009).  For example:
      • If trust year ends 6/30/09: file by 11/15/10

      • If trust year ends 7/1/09:  file by 11/16/09

      • If trust year ends 12/31/09: file by 05/15/10
  • ANNUAL REPORT
    • Must be filed within 135 days of the close of the trust’s next fiscal year (after 07/01/2009). 

    • If submitting the registration form, there is no need to submit the annual report until the following year.


Where Does It Get Filed?

  • Via U.S. Mail
  • Charitable Trust Registration
    Iowa Attorney General’s Office
    Hoover Bldg, Second Floor
    1305 E. Walnut
    Des Moines, IA  50319

  • Via Email: charitabletrust@iowa.gov

 

More questions about Charitable Trust registration?  Contact the Attorney General’s Office at 515-281-5164 OR charitabletrust@iowa.gov.