26 U.S.C. § 506 — Organizations required to notify Secretary

Page 1689 TITLE 26—INTERNAL REVENUE CODE § 507 election of the employer) be excluded from consider- ation all disability or severance payments payable to individuals who are in pay status as of January 1, 1985. The preceding sentence shall not apply to any payment to the extent such payment is increased by any plan amendment adopted after June 22, 1984.’’ REGULATIONS Secretary of the Treasury or his delegate to issue be- fore Feb. 1, 1988, final regulations to carry out amend- ments made by section 1114 of Pub. L. 99–514, see sec- tion 1141 of Pub. L. 99–514, set out as a note under sec- tion 401 of this title. NONENFORCEMENT OF AMENDMENT MADE BY SECTION 1151 OF PUB. L. 99–514 FOR FISCAL YEAR 1990 No monies appropriated by Pub. L. 101–136 to be used to implement or enforce section 1151 of Pub. L. 99–514 or the amendments made by such section, see section 528 of Pub. L. 101–136, set out as a note under section 89 of this title. SAVINGS PROVISION For provisions that nothing in amendment by Pub. L. 115–141 be construed to affect treatment of certain transactions occurring, property acquired, or items of income, loss, deduction, or credit taken into account prior to Mar. 23, 2018, for purposes of determining li- ability for tax for periods ending after Mar. 23, 2018, see section 401(e) of Pub. L. 115–141, set out as a note under section 23 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1800–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of this title. § 506. Organizations required to notify Secretary of intent to operate under 501(c)(4) (a) In general An organization described in section 501(c)(4) shall, not later than 60 days after the organiza- tion is established, notify the Secretary (in such manner as the Secretary shall by regulation pre- scribe) that it is operating as such. (b) Contents of notice The notice required under subsection (a) shall include the following information: (1) The name, address, and taxpayer identi- fication number of the organization. (2) The date on which, and the State under the laws of which, the organization was orga- nized. (3) A statement of the purpose of the organi- zation. (c) Acknowledgment of receipt Not later than 60 days after receipt of such a notice, the Secretary shall send to the organiza- tion an acknowledgment of such receipt. (d) Extension for reasonable cause The Secretary may, for reasonable cause, ex- tend the 60-day period described in subsection (a). (e) User fee The Secretary shall impose a reasonable user fee for submission of the notice under subsection (a). (f) Request for determination Upon request by an organization to be treated as an organization described in section 501(c)(4), the Secretary may issue a determination with respect to such treatment. Such request shall be treated for purposes of section 6104 as an appli- cation for exemption from taxation under sec- tion 501(a). (Added Pub. L. 114–113, div. Q, title IV, § 405(a), Dec. 18, 2015, 129 Stat. 3118.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 114–113, div. Q, title IV, § 405(f), Dec. 18, 2015, 129 Stat. 3120, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [enacting this section and amending sections 6033 and 6652 of this title] shall apply to organizations which are described in section 501(c)(4) of the Internal Revenue Code of 1986 and organized after the date of the enactment of this Act [Dec. 18, 2015]. ‘‘(2) CERTAIN EXISTING ORGANIZATIONS.—In the case of any other organization described in section 501(c)(4) of such Code, the amendments made by this section shall apply to such organization only if, on or before the date of the enactment of this Act— ‘‘(A) such organization has not applied for a written determination of recognition as an organization de- scribed in section 501(c)(4) of such Code, and ‘‘(B) such organization has not filed at least one an- nual return or notice required under subsection (a)(1) or (i) (as the case may be) of section 6033 of such Code. In the case of any organization to which the amend- ments made by this section apply by reason of the pre- ceding sentence, such organization shall submit the no- tice required by section 506(a) of such Code, as added by this Act, not later than 180 days after the date of the enactment of this Act.’’ LIMITATION ON EXPENDITURE OF USER FEES Pub. L. 114–113, div. Q, title IV, § 405(e), Dec. 18, 2015, 129 Stat. 3119, provided that: ‘‘Notwithstanding any other provision of law, any fees collected pursuant to section 506(e) of the Internal Revenue Code of 1986, as added by subsection (a), shall not be expended by the Secretary of the Treasury or the Secretary’s delegate unless provided by an appropriations Act.’’ PART II—PRIVATE FOUNDATIONS Sec. 507. Termination of private foundation status. 508. Special rules with respect to section 501(c)(3) organizations. 509. Private foundation defined. Editorial Notes AMENDMENTS 1969—Pub. L. 91–172, title I, § 101(a), Dec. 30, 1969, 83 Stat. 492, added part heading and analysis for part II. § 507. Termination of private foundation status (a) General rule Except as provided in subsection (b), the sta- tus of any organization as a private foundation shall be terminated only if— (1) such organization notifies the Secretary (at such time and in such manner as the Sec- retary may by regulations prescribe) of its in- tent to accomplish such termination, or (2)(A) with respect to such organization, there have been either willful repeated acts (or