A political organization shall be subject to taxation under this subtitle only to the extent provided in this section. A political organization shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes.
A tax is hereby imposed for each taxable year on the political organization taxable income of every political organization. Such tax shall be computed by multiplying the political organization taxable income by the highest rate of tax specified in section 11(b).
For purposes of this section, the political organization taxable income of any organization for any taxable year is an amount equal to the excess (if any) of-
For purposes of this subsection-
For purposes of this subsection, the term "exempt function income" means any amount received as-
to the extent such amount is segregated for use only for the exempt function of the political organization.
For purposes of this title, if any political organization-
such amount shall be treated as an amount not diverted for the personal use of the candidate or any other person. No deduction shall be allowed under this title for the contribution or deposit of any amount described in the preceding sentence.
For purposes of this section-
The term "political organization" means a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function.
The term "exempt function" means the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not such individual or electors are selected, nominated, elected, or appointed. Such term includes the making of expenditures relating to an office described in the preceding sentence which, if incurred by the individual, would be allowable as a deduction under section 162(a).
The term "contributions" has the meaning given to such term by section 271(b)(2).
The term "expenditures" has the meaning given to such term by section 271(b)(3).
The term "qualified State or local political organization" means a political organization-
which would otherwise be required to be reported under this section, and
An organization shall not be treated as failing to meet the requirements of subparagraph (A)(ii) solely by reason of 1 or more of the following:
An organization shall not fail to be treated as a qualified State or local political organization solely because such organization makes de minimis errors in complying with the State reporting requirements and the public inspection requirements described in subparagraph (A) as long as the organization corrects such errors within a reasonable period after the organization becomes aware of such errors.
The term "qualified State or local political organization" shall not include any organization otherwise described in subparagraph (A) if a candidate for nomination or election to Federal elective public office or an individual who holds such office-
If an organization described in section 501(c) which is exempt from tax under section 501(a) expends any amount during the taxable year directly (or through another organization) for an exempt function (within the meaning of subsection (e)(2)), then, notwithstanding any other provision of law, there shall be included in the gross income of such organization for the taxable year, and shall be subject to tax under subsection (b) as if it constituted political organization taxable income, an amount equal to the lesser of-
For purposes of this subsection, the term "net investment income" means the excess of-
For purposes of the preceding sentence, there shall not be taken into account items taken into account for purposes of the tax imposed by section 511 (relating to tax on unrelated business income).
For purposes of this subsection and subsection (e)(1), a separate segregated fund (within the meaning of section 610 of title 18 or of any similar State statute, or within the meaning of any State statute which permits the segregation of dues moneys for exempt functions (within the meaning of subsection (e)(2))) which is maintained by an organization described in section 501(c) which is exempt from tax under section 501(a) shall be treated as a separate organization.
For purposes of this section, a fund established and maintained by an individual who holds, has been elected to, or is a candidate (within the meaning of paragraph (3)) for nomination or election to, any Federal, State, or local elective public office, for use by such individual exclusively for the preparation and circulation of such individual's newsletter shall, except as provided in paragraph (2), be treated as if such fund constituted a political organization.
In the case of any fund described in paragraph (1)-
For purposes of paragraph (1), the term "candidate" means, with respect to any Federal, State, or local elective public office, an individual who-
In the case of a political organization, which is a principal campaign committee, paragraph (1) of subsection (b) shall be applied by substituting "the appropriate rates" for "the highest rate".
For purposes of this subsection, the term "principal campaign committee" means the political committee designated by a candidate for Congress as his principal campaign committee for purposes of-
A candidate may have only 1 designation in effect under subparagraph (A)(ii) at any time and such designation-
Nothing in this subsection shall be construed to require any designation where there is only one political committee with respect to a candidate.
Except as provided in paragraph (5), an organization shall not be treated as an organization described in this section-
The notice required under paragraph (1) shall be transmitted not later than 24 hours after the date on which the organization is established or, in the case of any material change in the information required under paragraph (3), not later than 30 days after such material change.
The notice required under paragraph (1) shall include information regarding-
In the case of an organization failing to meet the requirements of paragraph (1) for any period, the taxable income of such organization shall be computed by taking into account any exempt function income (and any deductions directly connected with the production of such income) or, in the case of a failure relating to a material change, by taking into account such income and deductions only during the period beginning on the date on which the material change occurs and ending on the date on which notice is given under this subsection. For purposes of the preceding sentence, the term "exempt function income" means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.
This subsection shall not apply to any organization-
This subsection shall not apply to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) as a political committee.
In the case of-
there shall be paid by the organization an amount equal to the rate of tax specified in subsection (b)(1) multiplied by the amount to which the failure relates. For purposes of subtitle F, the amount imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).
A political organization which accepts a contribution, or makes an expenditure, for an exempt function during any calendar year shall file with the Secretary either-
A report required under paragraph (2) shall contain the following information:
Any expenditure or contribution disclosed in a previous reporting period is not required to be included in the current reporting period.
For purposes of this subsection, a person shall be treated as having made an expenditure or contribution if the person has contracted or is otherwise obligated to make the expenditure or contribution.
This subsection shall not apply-
For purposes of this subsection, the term "election" means-
Any report required under paragraph (2) with respect to any calendar year shall be filed in electronic form.
The Secretary shall make any notice described in subsection (i)(1) or report described in subsection (j)(7) available for public inspection on the Internet not later than 48 hours after such notice or report has been filed (in addition to such public availability as may be made under section 6104(d)(7)).
The Secretary shall make the entire database of notices and reports which are made available to the public under paragraph (1) searchable by the following items (to the extent the items are required to be included in the notices and reports):
Such database shall be downloadable.
The Secretary may waive all or any portion of the-
on a showing that such failure was due to reasonable cause and not due to willful neglect.
26 U.S.C. § 527
EDITORIAL NOTES
REFERENCES IN TEXTSection 610 of title 18, referred to in subsec. (f)(3), was repealed by Pub. L. 94-283, title II, §201(a), May 11, 1976, 90 Stat. 496.The Federal Election Campaign Act of 1971, referred to in subsecs. (i)(6) and (j)(5)(A), is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, which is classified principally to chapter 301 (§30101 et seq.) of Title 52, Voting and Elections. Section 301 of the Act is classified to section 30101 of Title 52. For complete classification of this Act to the Code, see Tables.
AMENDMENTS2019-Subsec. (j)(7). Pub. L. 116-25 struck out "if the organization has, or has reason to expect to have, contributions exceeding $50,000 or expenditures exceeding $50,000 in such calendar year" after "electronic form".2017-Subsec. (b). Pub. L. 115-97 struck out par. (1) designation and heading and struck out par. (2) which related to alternative tax in case of capital gains. 2014-Subsec. (h)(2)(A)(i). Pub. L. 113-295, §220(l)(1), substituted "(5 2 U.S.C. 30102(e) )" for "(2 U.S.C. 432(e))".Subsecs. (i)(6), (j)(5)(A). Pub. L. 113-295, §220(l)(2), substituted "(5 2 U.S.C. 30101 et seq.)" for "(2 U.S.C. 431 et seq.)".2002-Subsec. (e)(5). Pub. L. 107-276, §2(b), added par. (5).Subsec. (i)(1)(A). Pub. L. 107-276, §6(c), substituted "electronically" for ", electronically and in writing,".Subsec. (i)(1)(B). Pub. L. 107-276, §6(g)(1), which directed the insertion of "or, in the case of any material change in the information required under paragraph (3), for the period beginning on the date on which the material change occurs and ending on the date on which such notice is given" after "given", was executed by making the insertion after "given" the second time appearing, to reflect the probable intent of Congress. Subsec. (i)(2). Pub. L. 107-276, §6(g)(2), inserted "or, in the case of any material change in the information required under paragraph (3), not later than 30 days after such material change" after "established".Subsec. (i)(3)(E), (F). Pub. L. 107-276, §6(f), added subpar. (E) and redesignated former subpar. (E) as (F).Subsec. (i)(4). Pub. L. 107-276, §6(g)(3), which directed the insertion of "or, in the case of a failure relating to a material change, by taking into account such income and deductions only during the period beginning on the date on which the material change occurs and ending on the date on which notice is given under this subsection" before period at end, was executed by making the insertion before period at end of first sentence, to reflect the probable intent of Congress. Pub. L. 107-276, §6(a), inserted at end "For purposes of the preceding sentence, the term 'exempt function income' means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function."Subsec. (i)(5)(C). Pub. L. 107-276, §1(a), added subpar. (C).Subsec. (j)(1). Pub. L. 107-276, §6(b), inserted at end "For purposes of subtitle F, the amount imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c)."Subsec. (j)(3)(A). Pub. L. 107-276, §6(e)(1)(A), inserted ", date, and purpose" after "The amount".Subsec. (j)(3)(B). Pub. L. 107-276, §6(e)(1)(B), inserted "and date" after "the amount". Subsec. (j)(5)(C) to (F). Pub. L. 107-276, §2(a), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.Subsec. (j)(7). Pub. L. 107-276, §6(e)(2), added par. (7).Subsec. (k). Pub. L. 107-276, §6(e)(3), added subsec. (k). Former subsec. (k) redesignated (l). Pub. L. 107-276, §5(a), added subsec. (k).Subsec. (l). Pub. L. 107-276, §6(e)(3), redesignated subsec. (k) as (l). 2000-Subsec. (i). Pub. L. 106-230, §1(a), added subsec. (i).Subsec. (j). Pub. L. 106-230, §2(a), added subsec. (j).1988-Subsec. (e)(2). Pub. L. 100-647 inserted at end "Such term includes the making of expenditures relating to an office described in the preceding sentence which, if incurred by the individual, would be allowable as a deduction under section 162(a)." 1986-Subsec. (g)(1). Pub. L. 99-514, §112(b)(1)(A), substituted "paragraph (3)" for "section 24(c)(2)".Subsec. (g)(3). Pub. L. 99-514, §112(b)(1)(B), added par. (3). 1984-Subsec. (g)(1). Pub. L. 98-369, §474(r)(16), substituted "section 24(c)(2)" for "section 41(c)(2)". Subsec. (h)(2)(B). Pub. L. 98-369, §722(c), inserted "Nothing in this subsection shall be construed to require any designation where there is only one political committee with respect to a candidate." 1981-Subsec. (h). Pub. L. 97-34 added subsec. (h).1978-Subsec. (b)(1). Pub. L. 95-600 substituted "Such tax shall be computed by multiplying the political organization taxable income by the highest rate of tax specified in section 11(b)" for "Such tax shall consist of a normal tax and a surtax computed as provided in section 11 as though the political organization were a corporation and as though the political organization taxable income were the taxable income referred to in section 11" and struck out provision that for purposes of this subsection, the surtax exemption provided by section 11(d) not be allowed.Subsec. (c)(3)(D). Pub. L. 95-502 added subpar. (D).1976-Subsec. (b)(2). Pub. L. 94-455 substituted "net capital gain" for "net section 1201 gain" after "organization has a".
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENT Pub. L. 116-25, title III, §3101(d), July 1, 2019, 133 Stat. 1015, provided that:"(1) IN GENERAL.-Except as provided in paragraph (2), the amendments made by this section [amending this section and sections 6011, 6033, and 6104 of this title] shall apply to taxable years beginning after the date of the enactment of this Act [July 1, 2019]. "(2) TRANSITIONAL RELIEF.-"(A) SMALL ORGANIZATIONS.-"(i) IN GENERAL.-In the case of any small organizations, or any other organizations for which the Secretary of the Treasury or the Secretary's delegate (hereafter referred to in this paragraph as the 'Secretary') determines the application of the amendments made by this section would cause undue burden without a delay, the Secretary may delay the application of such amendments, but such delay shall not apply to any taxable year beginning on or after the date that is 2 years after the enactment of this Act."(ii) SMALL ORGANIZATION.-For purposes of clause (i), the term 'small organization' means any organization-"(I) the gross receipts of which for the taxable year are less than $200,000; and"(II) the aggregate gross assets of which at the end of the taxable year are less than $500,000."(B) ORGANIZATIONS FILING FORM 990-T.-In the case of any organization described in section 511(a)(2) of the Internal Revenue Code of 1986 which is subject to the tax imposed by section 511(a)(1) of such Code on its unrelated business taxable income, or any organization required to file a return under section 6033 of such Code and include information under subsection (e) thereof, the Secretary may delay the application of the amendments made by this section, but such delay shall not apply to any taxable year beginning on or after the date that is 2 years after the enactment of this Act."
EFFECTIVE DATE OF 2017 AMENDMENT Amendment by Pub. L. 115-97 applicable to taxable years beginning after Dec. 31, 2017, see section 13001(c)(1) of Pub. L. 115-97, set out as a note under section 11 of this title.
EFFECTIVE DATE OF 2002 AMENDMENT Pub. L. 107-276, §1(b), Nov. 2, 2002, 116 Stat. 1929, provided that: "The amendments made by subsection (a) [amending this section] shall take effect as if included in the amendments made by Public Law 106-230." Pub. L. 107-276, §2(c), Nov. 2, 2002, 116 Stat. 1931, provided that: "The amendments made by this section [amending this section] shall take effect as if included in the amendments made by Public Law 106-230." Pub. L. 107-276, §5(b), Nov. 2, 2002, 116 Stat. 1932, provided that: "The amendment made by subsection (a) [amending this section] shall apply to any tax assessed or amount imposed after June 30, 2000." Pub. L. 107-276, §6(h)(1), (2), Nov. 2, 2002, 116 Stat. 1934, provided that:"(1) SUBSECTIONS (a) AND (b).-The amendments made by subsections (a) and (b) [amending this section] shall apply to failures occurring on or after the date of the enactment of this Act [Nov. 2, 2002]."(2) SUBSECTION (c).-The amendments made by subsection (c) [amending this section] shall take effect as if included in the amendments made by Public Law 106-230." Pub. L. 107-276, §6(h)(4) -(6), Nov. 2, 2002, 116 Stat. 1934, provided that: "(4) SUBSECTIONS (e)(1) AND (f).-The amendments made by subsections (e)(1) and (f) [amending this section] shall apply to reports and notices required to be filed more than 30 days after the date of the enactment of this Act [Nov. 2, 2002]."(5) SUBSECTIONS (e)(2) AND (e)(3).-The amendments made by subsections (e)(2) and (e)(3) [amending this section] shall apply to reports required to be filed on or after June 30, 2003. "(6) SUBSECTION (g).-"(A) IN GENERAL.-The amendments made by subsection (g) [amending this section] shall apply to material changes on or after the date of the enactment of this Act. "(B) TRANSITION RULE.-In the case of a material change occurring during the 30-day period beginning on the date of the enactment of this Act, a notice under section 527(i) of the Internal Revenue Code of 1986 (as amended by this Act) shall not be required to be filed under such section before the later of-"(i) 30 days after the date of such material change, or"(ii) 45 days after the date of the enactment of this Act [Nov. 2, 2002]."
EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106-230, §1(d), July 1, 2000, 114 Stat. 479, provided that:"(1) IN GENERAL.-Except as provided in paragraphs (2) and (3), the amendments made by this section [amending this section and sections 6104 and 6652 of this title] shall take effect on the date of the enactment of this section [July 1, 2000]."(2) ORGANIZATIONS ALREADY IN EXISTENCE.-In the case of an organization established before the date of the enactment of this section, the time to file the notice under section 527(i)(2) of the Internal Revenue Code of 1986, as added by this section, shall be 30 days after the date of the enactment of this section."(3) INFORMATION AVAILABILITY.-The amendment made by subsection (b)(2) [amending section 6104 of this title] shall take effect on the date that is 45 days after the date of the enactment of this section." Pub. L. 106-230, §2(d), July 1, 2000, 114 Stat. 482, provided that: "The amendment made by subsection (a) [amending this section] shall apply to expenditures made and contributions received after the date of the enactment of this Act [July 1, 2000], except that such amendment shall not apply to expenditures made, or contributions received, after such date pursuant to a contract entered into on or before such date."
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99-514, to which such amendment relates, see section 1019(a) of Pub. L. 100-647, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1986 AMENDMENT Amendment by Pub. L. 99-514 applicable to taxable years beginning after Dec. 31, 1986, see section 151(a) of Pub. L. 99-514, set out as a note under section 1 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT Amendment by section 474(r)(16) of Pub. L. 98-369 applicable to taxable years beginning after Dec. 31, 1983, and to carrybacks from such years, see section 475(a) of Pub. L. 98-369, set out as a note under section 21 of this title.Pub. L. 98-369, div. A, title VII, §722(c), July 18, 1984, 98 Stat. 973, provided that the amendment made by that section is effective for taxable years beginning after Dec. 31, 1981.
EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97-34, title I, §128(b), Aug. 13, 1981, 95 Stat. 203, provided that: "The amendments made by this section [amending this section] shall apply to taxable years beginning after December 31, 1981."
EFFECTIVE DATE OF 1978 AMENDMENT Amendment by section 301(b)(6) of Pub. L. 95-600 applicable to taxable years beginning after Dec. 31, 1978, see section 301(c) of Pub. L. 95-600, set out as a note under section 11 of this title.
EFFECTIVE DATE OF 1978 AMENDMENT; ELECTION CAMPAIGN CONTRIBUTIONS; COLLATERALPub. L. 95-502, title III, §302(b), Oct. 21, 1978, 92 Stat. 1703, as amended by Pub. L. 99-514, §2, Oct. 22, 1986, 100 Stat. 2095, provided that:"(1) The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1974, except that notwithstanding any other provision of law to the contrary, no amounts held at the date of enactment of this bill [Oct. 21, 1978] by an organization described in section 527(e)(1) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] in escrow, in separate accounts for the payment of Federal taxes, or in any other fund which are proceeds described in section 527(c)(3)(D) of such Code may be used, directly or indirectly, to make a contribution or expenditure (as defined in section 301(e) and (f) of the Federal Election Campaign Act of 1971; 2 U.S.C. 431 [(e) and] (f) [now 5 2 U.S.C. 30101(8) and (9) ]) in connection with any election held before January 1, 1979."(2) Such amounts as described in (1) above shall not be considered as security or collateral for any loan by any State or national bank or any other person or organization."
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-455 applicable with respect to taxable years beginning after Dec. 31, 1976, see section 1901(d) of Pub. L. 94-455, set out as a note under section 2 of this title.
EFFECTIVE DATEPub. L. 93-625, §10(e), Jan. 3, 1975, 88 Stat. 2119, provided that: "The amendments made by subsections (a), (b), (c), and (d) [enacting this section and amending sections 501 and 6012 of this title] shall apply to taxable years beginning after December 31, 1974."
NOTIFICATION OF INTERACTION OF REPORTING REQUIREMENTS Pub. L. 107-276, §4, Nov. 2, 2002, 116 Stat. 1932, provided that:"(a) IN GENERAL.-The Secretary of the Treasury, in consultation with the Federal Election Commission, shall publicize-"(1) the effect of the amendments made by this Act [amending this section and sections 6012, 6033, 6104, and 7207 of this title], and"(2) the interaction of requirements to file a notification or report under section 527 of the Internal Revenue Code of 1986 and reports under the Federal Election Campaign Act of 1971 [5 2 U.S.C. 30101 et seq.]."(b) INFORMATION.-Information provided under subsection (a) shall be included in any appropriate form, instruction, notice, or other guidance issued to the public by the Secretary of the Treasury or the Federal Election Commission regarding reporting requirements of political organizations (as defined in section 527 of the Internal Revenue Code of 1986) or reporting requirements under the Federal Election Campaign Act of 1971 [5 2 U.S.C. 30101 et seq.]."
- Internal Revenue Code of 1986
- The term "Internal Revenue Code of 1986" means this title, and the term "Internal Revenue Code of 1939" means the Internal Revenue Code enacted February 10, 1939, as amended.
- Secretary of the Treasury
- The term "Secretary of the Treasury" means the Secretary of the Treasury, personally, and shall not include any delegate of his.
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- State
- The term "State" shall be construed to include the District of Columbia, where such construction is necessary to carry out provisions of this title.
- corporation
- The term "corporation" includes associations, joint-stock companies, and insurance companies.
- person
- The term "person" shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.
- taxable year
- The term "taxable year" means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
- trade or business
- The term "trade or business" includes the performance of the functions of a public office.