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

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1987

   Pub. L. 100–203 title X § 10712(a) · 101 Stat. 1330

   Enacted · 26 U.S.C. § 4955

   Added Pub. L. 100–203, title X, § 10712(a), Dec. 22, 1987, 101 Stat. 1330–465

   Source evidence

   Code source credit
   Added Pub. L. 100–203, title X, § 10712(a), Dec. 22, 1987, 101 Stat. 1330–465

   Enacted provision · exact public law section
   (a) General Rule.— Chapter 42 (relating to excise taxes on private foundations and black lung benefit trusts) is amended by redesignating subchapter C as subchapter D and by inserting after subchapter B the following new subchapter: “Subchapter C— Political Expenditures of Section 501(c)(3) Organizations “Sec. 4955. Taxes on political expenditures of section 501(c)(3) organizations. “SEC. 4955. TAXES ON POLITICAL EXPENDITURES OF SECTION 501(c)(3) ORGANIZATIONS. “(a) Initial Taxes.— “(1) On the organization.— 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) On the management.— 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) Additional Taxes.— “(1) On the organization.— 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) On the management.— 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) Special Rules.— For purposes of subsections (a) and (b)— “(1) Joint and several liability.— 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) Limit for management.— 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) Political Expenditure.— For purposes of this section— “(1) In general.— 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) 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 Section 4945.— 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. “(f) Other Definitions.— For purposes of this section— “(1) Section 501(C)(3) organization.— 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) 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.— 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) 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.”

2. 1996

   Taxpayer Bill of Rights 2

   Pub. L. 104–168 title XIII § 1311(c)(1) · 110 Stat. 1452

   1. Substituted · 26 U.S.C. § 4955(e)

      Pub. L. 104–168 substituted “sections 4945 and 4958” for “section 4945” in heading

   2. Inserted · 26 U.S.C. § 4955(e)

      Pub. L. 104–168 inserted “or an excess benefit for purposes of section 4958” before period at end of text

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 104–168 substituted “sections 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.

   Enacted provision · exact public law section
   (1) Subsection (e) of section 4955 is amended— (A) by striking “SECTION 4945” in the heading and inserting “SECTIONS 4945 AND 4958”, and (B) by inserting before the period “or an excess benefit for purposes of section 4958”.

   Effective date note
   Pub. L. 104–168, title XIII, § 1311(d)(1), (2), July 30, 1996, 110 Stat. 1478, provided that:

3 of 3 references resolved to an enrolled provision