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IRS Proposes New Regulations To Clarify Basis For Revocation of Exemption For Excess Benefits

IRS Proposes New Regulations To Clarify Basis For Revocation of Exemption For Excess Benefits

IRS Proposes New Regulations To Clarify Basis For Revocation of Exemption For Excess Benefits

Service will make judgment call based on “all relevant facts and circumstances” By Eric Vieland Montgomery McCracken

The Internal Revenue Service has proposed new regulations that would help Section 501(c)(3) charities and (c)(4) social welfare organizations understand the IRS’ approach to enforcing various restrictions on private inurement, private benefit and excess benefit transactions. (Published in Federal Register, 9/9/05.)

Under existing law, an organization is not exempt under section 501(c)(3) or 501(c)(4) if any of its net earnings inure to the benefit of any person with a personal or private interest in the activities of the organization. This is termed the “private inurement” prohibition, and it is absolute. Furthermore, an organization is not exempt under Section 501(c)(3) if more than...

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