26 USC 4955 - Taxes on political expenditures of section 501(c)(3) organizations

U.S Code last checked for updates: May 06, 2024

§ 4955.

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

(a)

Initial taxes

(1)

On the organization

(2)

On the management

(b)

Additional taxes

(1)

On the organization

(2)

On the management

(c)

Special rules

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

(1)

Joint and several liability

(2)

Limit for management

(d)

Political expenditure

For purposes of this section—

(1)

In general

(2)

Certain other expenditures included

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)

Coordination with sections 4945 and 4958

(f)

Other definitions

For purposes of this section—

(1)

Section 501(c)(3) organization

(2)

Organization manager

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)

Correction

(4)

Taxable period

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.

(Added Pub. L. 100–203, title X, § 10712(a), Dec. 22, 1987, 101 Stat. 1330–465; amended Pub. L. 104–168, title XIII, § 1311(c)(1), July 30, 1996, 110 Stat. 1478.)

cite as: 26 USC 4955