§4955 — Title 26 Internal Revenue Code | U.S. Code

Summary

A 501(c)(3) nonprofit must pay a tax of 10% on any money it spends to support or oppose a candidate for public office. If an organization manager agreed to the spending knowing it was political, that manager must pay 2.5% of the amount unless the agreement wasn’t willful and there was reasonable cause. If the nonprofit does not fix the improper spending within the taxable period, the nonprofit must pay 100% of the amount. Any manager who refused to agree to the fix must pay 50% of the amount. Multiple managers can be held together for the whole amount. The 2.5% manager tax is capped at $5,000 per expenditure, and the 50% manager tax is capped at $10,000 per expenditure. If tax is paid under these rules, that spending won’t count as a taxable expenditure under section 4945 or as an excess benefit under section 4958. Key terms in one line each: “Political expenditure” means money spent to take part in or influence a political campaign for or against a candidate (including published statements). A group set up mainly to promote a candidate also includes payments for that candidate’s speeches, travel, polls or studies, advertising, fundraising, or other expenses that mainly boost that person. “Section 501(c)(3) organization” means an organization that would be described in section 501(c)(3) and is tax‑exempt under section 501(a). “Organization manager” means officers, directors, trustees, or employees with authority over the spending. “Correction” means getting back money if possible, putting safeguards in place, and any other steps the Secretary requires. “Taxable period” means from the date of the spending until the earlier of mailing a notice of deficiency under section 6212 or the date the 10% tax is assessed.

Title 26, §4955

Internal Revenue Code — Source: USLM XML via OLRC

(a)(1)There is hereby imposed on each political expenditure by a section 501(c)(3) organization a tax equal to 10 percent of the amount thereof. The tax imposed by this paragraph shall be paid by the organization.

(2)There is hereby imposed on the agreement of any organization manager to the making of any expenditure, knowing that it is a political expenditure, a tax equal to 2½ percent of the amount thereof, unless such agreement is not willful and is due to reasonable cause. The tax imposed by this paragraph shall be paid by any organization manager who agreed to the making of the expenditure.

(b)(1)In any case in which an initial tax is imposed by subsection (a)(1) on a political expenditure and such expenditure is not corrected within the taxable period, there is hereby imposed a tax equal to 100 percent of the amount of the expenditure. The tax imposed by this paragraph shall be paid by the organization.

(2)In any case in which an additional tax is imposed by paragraph (1), if an organization manager refused to agree to part or all of the correction, there is hereby imposed a tax equal to 50 percent of the amount of the political expenditure. The tax imposed by this paragraph shall be paid by any organization manager who refused to agree to part or all of the correction.

(c)For purposes of subsections (a) and (b)—

(1)If more than 1 person is liable under subsection (a)(2) or (b)(2) with respect to the making of a political expenditure, all such persons shall be jointly and severally liable under such subsection with respect to such expenditure.

(2)With respect to any 1 political expenditure, the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $5,000, and the maximum amount of the tax imposed by subsection (b)(2) shall not exceed $10,000.

(d)For purposes of this section—

(1)The term “political expenditure” means any amount paid or incurred by a section 501(c)(3) organization in any participation in, or intervention in (including the publication or distribution of statements), any political campaign on behalf of (or in opposition to) any candidate for public office.

(2)In the case of an organization which is formed primarily for purposes of promoting the candidacy (or prospective candidacy) of an individual for public office (or which is effectively controlled by a candidate or prospective candidate and which is availed of primarily for such purposes), the term “political expenditure” includes any of the following amounts paid or incurred by the organization:

(A)Amounts paid or incurred to such individual for speeches or other services.

(B)Travel expenses of such individual.

(C)Expenses of conducting polls, surveys, or other studies, or preparing papers or other materials, for use by such individual.

(D)Expenses of advertising, publicity, and fundraising for such individual.

(E)Any other expense which has the primary effect of promoting public recognition, or otherwise primarily accruing to the benefit, of such individual.

(e)If tax is imposed under this section with respect to any political expenditure, such expenditure shall not be treated as a taxable expenditure for purposes of section 4945 or an excess benefit for purposes of section 4958.

(f)For purposes of this section—

(1)The term “section 501(c)(3) organization” means any organization which (without regard to any political expenditure) would be described in section 501(c)(3) and exempt from taxation under section 501(a).

(2)The term “organization manager” means—

(A)any officer, director, or trustee of the organization (or individual having powers or responsibilities similar to those of officers, directors, or trustees of the organization), and

(B)with respect to any expenditure, any employee of the organization having authority or responsibility with respect to such expenditure.

(3)The terms “correction” and “correct” mean, with respect to any political expenditure, recovering part or all of the expenditure to the extent recovery is possible, establishment of safeguards to prevent future political expenditures, and where full recovery is not possible, such additional corrective action as is prescribed by the Secretary by regulations.

(4)The term “taxable period” means, with respect to any political expenditure, the period beginning with the date on which the political expenditure occurs and ending on the earlier of—

(A)the date of mailing a notice of deficiency under section 6212 with respect to the tax imposed by subsection (a)(1), or

(B)the date on which tax imposed by subsection (a)(1) is assessed.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1996—Subsec. (e). Pub. L. 104–168 substituted “section 4945 and 4958” for “section 4945” in heading and inserted “or an excess benefit for purposes of section 4958” before period at end of text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1996 Amendment Pub. L. 104–168, title XIII, § 1311(d)(1), (2), July 30, 1996, 110 Stat. 1478, provided that: “(1) In general.—The

Amendments

made by this section [enacting section 4958 of this title and amending this section and section 4963, 6213, 7422, and 7454 of this title] (other than subsection (b)) [amending section 501 of this title] shall apply to excess benefit transactions occurring on or after September 14, 1995. “(2) Binding contracts.—The

Amendments

referred to in paragraph (1) shall not apply to any benefit arising from a transaction pursuant to any written contract which was binding on September 13, 1995, and at all times thereafter before such transaction occurred.”

Effective Date

Pub. L. 100–203, title X, § 10712(d), Dec. 22, 1987, 101 Stat. 1330–468, provided that: “The

Amendments

made by this section [enacting this section and amending section 4962, 4963, 6213, 6501, 6503, 6684, 7422, and 7454 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [Dec. 22, 1987].”

§4955 Taxes on political expenditures of section 501(c)(3) organizations

Summary

Title 26, §4955

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Statutory Notes and Related Subsidiaries

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Effective Date

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Citations & Metadata