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Excise Taxes on Excess Benefit Transactions

tax-irs · IRS · Rule · Published 2001-01-10 · Effective 2001-01-10 · 66 FR 2144

Document

Document number
01-256
Federal Register citation
66 FR 2144
CFR reference
26 CFR 53
Type
Rule
Action
Temporary regulations.
Category
tax-irs
Sub-agency
IRS
Publication date
2001-01-10
Effective date
2001-01-10
Treasury docket
TD 8920

Abstract

This document contains temporary regulations relating to the excise taxes on excess benefit transactions under section 4958 of the Internal Revenue Code, as well as certain amendments and additions to existing Income Tax Regulations affected by section 4958. Section 4958 was enacted in section 1311 of the Taxpayer Bill of Rights 2. Section 4958 imposes excise taxes on transactions that provide excess economic benefits to disqualified persons of public charities and social welfare organizations (referred to as applicable tax-exempt organizations). Disqualified persons who benefit from an excess benefit transaction with an applicable tax-exempt organization are liable for a tax of 25 percent of the excess benefit. Such persons are also liable for a tax of 200 percent of the excess benefit if the excess benefit is not corrected by a certain date. Additionally, organization managers who participate in an excess benefit transaction knowingly, willfully, and without reasonable cause, are liable for a tax of 10 percent of the excess benefit. The tax for which participating organization managers are liable cannot exceed $10,000 for any one excess benefit transaction.

Source

Authoritative
Federal Register document
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