General rule
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.
Tax imposed
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).
Political organization taxable income defined
Taxable income defined
Modifications
Exempt function income
Certain uses not treated as income to candidate
Other definitions
Political organization
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.
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).
Contributions
The term “contributions” has the meaning given to such term by section 271(b)(2).
Expenditures
The term “expenditures” has the meaning given to such term by section 271(b)(3).
Qualified State or local political organization
In general
Certain State law differences disregarded
De minimis errors
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.
Participation of Federal candidate or office holder
Exempt organization, which is not political organization, must include certain amounts in gross income
In general
Net investment income
Certain separate segregated funds
section 610 of title 18For purposes of this subsection and subsection (e)(1), a separate segregated fund (within the meaning of 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.
Treatment of newsletter funds
In general
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.
Additional modifications
Candidate
Special rule for principal campaign committees
In general
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”.
Principal campaign committee defined
In general
Designation
Organizations must notify Secretary that they are section 527 organizations
In general
Time to give notice
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.
Contents of notice
Effect of failure
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.
Exceptions
Coordination with other requirements
52 U.S.C. 30101This subsection shall not apply to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 ( et seq.) as a political committee.
Required disclosure of expenditures and contributions
Penalty for failure
Required disclosure
Contents of report
Contracts to spend or contribute
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.
Coordination with other requirements
Election
Electronic filing
Any report required under paragraph (2) with respect to any calendar year shall be filed in electronic form.
Public availability of notices and reports
In general
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)).
Access
Authority to waive
Pub. L. 93–625, § 10(a)88 Stat. 2116Pub. L. 94–455, title XIX, § 1901(b)(33)(C)90 Stat. 1801Pub. L. 95–502, title III, § 302(a)92 Stat. 1702Pub. L. 95–600, title III, § 301(b)(6)92 Stat. 2821Pub. L. 97–34, title I, § 128(a)95 Stat. 203Pub. L. 98–369, div. A, title IV, § 474(r)(16)98 Stat. 843Pub. L. 99–514, title I, § 112(b)(1)100 Stat. 2108Pub. L. 100–647, title I, § 1001(b)(3)(B)102 Stat. 3349Pub. L. 106–230114 Stat. 477Pub. L. 107–276116 Stat. 1929Pub. L. 113–295, div. A, title II, § 220l128 Stat. 4036Pub. L. 115–97, title I, § 13001(b)(2)(D)131 Stat. 2096Pub. L. 116–25, title III, § 3101(b)(1)133 Stat. 1015(Added , , ; amended , , ; , , ; , , ; , , ; , title VII, § 722(c), , , 973; , , ; , , ; , §§ 1(a), 2(a), , , 479; , §§ 1(a), 2(a), (b), 5(a), 6(a)–(c), (e)–(g), , , 1932–1934; (), , ; , , ; , , .)
Editorial Notes
References in Text
Section 610 of title 18Pub. L. 94–283, title II, § 201(a)90 Stat. 496, referred to in subsec. (f)(3), was repealed by , , .
Pub. L. 92–22586 Stat. 3section 30101 of Title 52The Federal Election Campaign Act of 1971, referred to in subsecs. (i)(6) and (j)(5)(A), is , , , which is classified principally to chapter 301 (§ 30101 et seq.) of Title 52, Voting and Elections. Section 301 of the Act is classified to . For complete classification of this Act to the Code, see Tables.
Amendments
Pub. L. 116–252019—Subsec. (j)(7). 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”.
Pub. L. 115–972017—Subsec. (b). struck out par. (1) designation and heading and struck out par. (2) which related to alternative tax in case of capital gains.
Pub. L. 113–295, § 220l52 U.S.C. 30102(e)2 U.S.C. 432(e)2014—Subsec. (h)(2)(A)(i). ()(1), substituted “()” for “()”.
Pub. L. 113–295, § 220l52 U.S.C. 301012 U.S.C. 431Subsecs. (i)(6), (j)(5)(A). ()(2), substituted “( et seq.)” for “( et seq.)”.
Pub. L. 107–276, § 2(b)2002—Subsec. (e)(5). , added par. (5).
Pub. L. 107–276, § 6(c)Subsec. (i)(1)(A). , substituted “electronically” for “, electronically and in writing,”.
Pub. L. 107–276, § 6(g)(1)Subsec. (i)(1)(B). , 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.
Pub. L. 107–276, § 6(g)(2)Subsec. (i)(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”.
Pub. L. 107–276, § 6(f)Subsec. (i)(3)(E), (F). , added subpar. (E) and redesignated former subpar. (E) as (F).
Pub. L. 107–276, § 6(g)(3)Subsec. (i)(4). , 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.”
Pub. L. 107–276, § 1(a)Subsec. (i)(5)(C). , added subpar. (C).
Pub. L. 107–276, § 6(b)Subsec. (j)(1). , 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).”
Pub. L. 107–276, § 6(e)(1)(A)Subsec. (j)(3)(A). , inserted “, date, and purpose” after “The amount”.
Pub. L. 107–276, § 6(e)(1)(B)Subsec. (j)(3)(B). , inserted “and date” after “the amount”.
Pub. L. 107–276, § 2(a)Subsec. (j)(5)(C) to (F). , added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.
Pub. L. 107–276, § 6(e)(2)Subsec. (j)(7). , added par. (7).
Pub. L. 107–276, § 6(e)(3)lSubsec. (k). , added subsec. (k). Former subsec. (k) redesignated ().
Pub. L. 107–276, § 5(a), added subsec. (k).
lPub. L. 107–276, § 6(e)(3)lSubsec. (). , redesignated subsec. (k) as ().
Pub. L. 106–230, § 1(a)2000—Subsec. (i). , added subsec. (i).
Pub. L. 106–230, § 2(a)Subsec. (j). , added subsec. (j).
Pub. L. 100–6471988—Subsec. (e)(2). 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).”
Pub. L. 99–514, § 112(b)(1)(A)1986—Subsec. (g)(1). , substituted “paragraph (3)” for “section 24(c)(2)”.
Pub. L. 99–514, § 112(b)(1)(B)Subsec. (g)(3). , added par. (3).
Pub. L. 98–369, § 474(r)(16)1984—Subsec. (g)(1). , substituted “section 24(c)(2)” for “section 41(c)(2)”.
Pub. L. 98–369, § 722(c)Subsec. (h)(2)(B). , inserted “Nothing in this subsection shall be construed to require any designation where there is only one political committee with respect to a candidate.”
Pub. L. 97–341981—Subsec. (h). added subsec. (h).
Pub. L. 95–6001978—Subsec. (b)(1). 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.
Pub. L. 95–502Subsec. (c)(3)(D). added subpar. (D).
Pub. L. 94–4551976—Subsec. (b)(2). 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)133 Stat. 1015
In general .—
Transitional relief.—
Small organizations.—
In general .—
Small organization .—
Organizations filing form 990–t .—
Effective Date of 2017 Amendment
Pub. L. 115–97section 13001(c)(1) of Pub. L. 115–97section 11 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 2002 Amendment
Pub. L. 107–276, § 1(b)116 Stat. 1929
Pub. L. 107–276, § 2(c)116 Stat. 1931
Pub. L. 107–276, § 5(b)116 Stat. 1932
Pub. L. 107–276, § 6(h)(1)116 Stat. 1934
Subsectionsand (a) (b).—
Subsection (c).—
Pub. L. 107–276, § 6(h)(4)116 Stat. 1934
Subsectionsand (e)(1) (f).—
Subsectionsand (e)(2) (e)(3).—
Subsection (g).—
In general .—
Transition rule .—
Effective Date of 2000 Amendment
Pub. L. 106–230, § 1(d)114 Stat. 479
In general .—
Organizations already in existence .—
Information availability .—
Pub. L. 106–230, § 2(d)114 Stat. 482
Effective Date of 1988 Amendment
Pub. L. 100–647Pub. L. 99–514section 1019(a) of Pub. L. 100–647section 1 of this titleAmendment by effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, , to which such amendment relates, see , set out as a note under .
Effective Date of 1986 Amendment
Pub. L. 99–514section 151(a) of Pub. L. 99–514section 1 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1984 Amendment
section 474(r)(16) of Pub. L. 98–369section 475(a) of Pub. L. 98–369section 21 of this titleAmendment by applicable to taxable years beginning after , and to carrybacks from such years, see , set out as a note under .
Pub. L. 98–369, div. A, title VII, § 722(c)98 Stat. 973, , , provided that the amendment made by that section is effective for taxable years beginning after .
Effective Date of 1981 Amendment
Pub. L. 97–34, title I, § 128(b)95 Stat. 203
Effective Date of 1978 Amendment
section 301(b)(6) of Pub. L. 95–600section 301(c) of Pub. L. 95–600section 11 of this titleAmendment by applicable to taxable years beginning after , see , set out as a note under .
Effective Date of 1978 Amendment; Election Campaign Contributions; Collateral
Pub. L. 95–502, title III, § 302(b)92 Stat. 1703Pub. L. 99–514, § 2100 Stat. 2095
Effective Date of 1976 Amendment
Pub. L. 94–455section 1901(d) of Pub. L. 94–455section 2 of this titleAmendment by applicable with respect to taxable years beginning after , see , set out as a note under .
Effective Date
Pub. L. 93–625, § 10(e)88 Stat. 2119
Notification of Interaction of Reporting Requirements
Pub. L. 107–276, § 4116 Stat. 1932