U.S Code last checked for updates: May 18, 2024
All TitlesTitle 26Subtitle DChapter 42Subchapter B
§ 4951.
Taxes on self-dealing
(a)
Initial taxes
(1)
On self-dealer
(2)
On trustee
(b)
Additional taxes
(1)
On self-dealer
(2)
On trustee
(c)
Joint and several liability
(d)
Self-dealing
(1)
In general
For purposes of this section, the term “self-dealing” means any direct or indirect—
(A)
sale, exchange, or leasing of real or personal property between a trust described in section 501(c)(21) and a disqualified person;
(B)
lending of money or other extension of credit between such a trust and a disqualified person;
(C)
furnishing of goods, services, or facilities between such a trust and a disqualified person;
(D)
payment of compensation (or payment or reimbursement of expenses) by such a trust to a disqualified person; and
(E)
transfer to, or use by or for the benefit of, a disqualified person of the income or assets of such a trust.
(2)
Special rules
For purposes of paragraph (1)—
(A)
the transfer of personal property by a disqualified person to such a trust shall be treated as a sale or exchange if the property is subject to a mortgage or similar lien;
(B)
the furnishing of goods, services, or facilities by a disqualified person to such a trust shall not be an act of self-dealing if the furnishing is without charge and if the goods, services, or facilities so furnished are used exclusively for the purposes specified in section 501(c)(21)(A); and
(C)
the payment of compensation (and the payment or reimbursement of expenses) by such a trust to a disqualified person for personal services which are reasonable and necessary to carrying out the exempt purpose of the trust shall not be an act of self-dealing if the compensation (or payment or reimbursement) is not excessive.
(e)
Definitions
For purposes of this section—
(1)
Taxable period
The term “taxable period” means, with respect to any act of self-dealing, the period beginning with the date on which the act of self-dealing occurs and ending on the earliest of—
(A)
the date of mailing a notice of deficiency with respect to the tax imposed by subsection (a)(1) under section 6212,
(B)
the date on which the tax imposed by subsection (a)(1) is assessed, or
(C)
the date on which correction of the act of self-dealing is completed.
(2)
Amount involved
The term “amount involved” means, with respect to any act of self-dealing, the greater of the amount of money and the fair market value of the other property given or the amount of money and the fair market value of the other property received; except that in the case of services described in subsection (d)(2)(C), the amount involved shall be only the excess compensation. For purposes of the preceding sentence, the fair market value—
(A)
in the case of the taxes imposed by subsection (a), shall be determined as of the date on which the act of self-dealing occurs; and
(B)
in the case of taxes imposed by subsection (b), shall be the highest fair market value during the taxable period.
(3)
Correction
(4)
Disqualified person
The term “disqualified person” means, with respect to a trust described in section 501(c)(21), a person who is—
(A)
a contributor to the trust,
(B)
a trustee of the trust,
(C)
an owner of more than 10 percent of—
(i)
the total combined voting power of a corporation,
(ii)
the profits interest of a partnership, or
(iii)
the beneficial interest of a trust or unincorporated enterprise,
which is a contributor to the trust,
(D)
an officer, director, or employee of a person who is a contributor to the trust,
(E)
the spouse, ancestor, lineal descend­ant, or spouse of a lineal descendant of an individual described in subparagraph (A), (B), (C), or (D),
(F)
a corporation of which persons described in subparagraph (A), (B), (C), (D), or (E) own more than 35 percent of the total combined voting power,
(G)
a partnership in which persons described in subparagraph (A), (B), (C), (D), or (E), own more than 35 percent of the profits interest, or
(H)
a trust or estate in which persons described in subparagraph (A), (B), (C), (D), or (E), hold more than 35 percent of the beneficial interest.
For purposes of subparagraphs (C)(i) and (F), there shall be taken into account indirect stockholdings which would be taken into account under section 267(c), except that, for purposes of this paragraph, section 267(c)(4) shall be treated as providing that the members of the family of an individual are only those individuals described in subparagraph (E) of this paragraph. For purposes of subparagraphs (C) (ii) and (iii), (G), and (H), the ownership of profits or beneficial interests shall be determined in accordance with the rules for constructive ownership of stock provided in section 267(c) (other than paragraph (3) thereof), except that section 267(c)(4) shall be treated as providing that the members of the family of an individual are only those individuals described in subparagraph (E) of this paragraph.
(f)
Payments of benefits
(Added Pub. L. 95–227, § 4(c)(1), Feb. 10, 1978, 92 Stat. 18; amended Pub. L. 96–596, § 2(a)(1)(G), (H), (2)(F), (3)(E), Dec. 24, 1980, 94 Stat. 3469–3471; Pub. L. 102–486, title XIX, § 1940(b), Oct. 24, 1992, 106 Stat. 3035.)
cite as: 26 USC 4951
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