26-U.S.C.-4967
§4967 – Taxes On Prohibited Benefits
Pathway
Title 26 > Subtitle D > Chapter 42 > Subchapter G > Section 4967
Details
- Reference: Section 4967
- Legend: §4967 – Taxes On Prohibited Benefits
- USCode Year: 2013
Provision Content
(a) Imposition of taxes
(1) On the donor, donor advisor, or related person
There is hereby imposed on the advice of any person described in subsection (d) to have a sponsoring organization make a distribution from a donor advised fund which results in such person or any other person described in subsection (d) receiving, directly or indirectly, a more than incidental benefit as a result of such distribution, a tax equal to 125 percent of such benefit. The tax imposed by this paragraph shall be paid by any person described in subsection (d) who advises as to the distribution or who receives such a benefit as a result of the distribution.
(2) On the fund management
There is hereby imposed on the agreement of any fund manager to the making of a distribution, knowing that such distribution would confer a benefit described in paragraph (1), a tax equal to 10 percent of the amount of such benefit. The tax imposed by this paragraph shall be paid by any fund manager who agreed to the making of the distribution.
(b) Exception
No tax shall be imposed under this section with respect to any distribution if a tax has been imposed with respect to such distribution under section 4958.
(c) Special rules
For purposes of subsection (a)—
(1) Joint and several liability
If more than one person is liable under paragraph (1) or (2) of subsection (a) with respect to a distribution described in subsection (a), all such persons shall be jointly and severally liable under such paragraph with respect to such distribution.
(2) Limit for management
With respect to any one distribution described in subsection (a), the maximum amount of the tax imposed by subsection (a)(2) shall not exceed $10,000.
(d) Person described
A person is described in this subsection if such person is described in section 4958(f)(7) with respect to a donor advised fund.
(Added Pub. L. 109–280, title XII, §1231(a), Aug. 17, 2006, 120 Stat. 1097.)
Effective Date
Section applicable to taxable years beginning after Aug. 17, 2006, see section 1231(c) of Pub. L. 109–280, set out as an Effective Date of 2006 Amendment note under section 4963 of this title.
U.S. Encyclopedia of Law Coverage
26-U.S.C.-4945 in the Legal Encyclopedia: Taxes
In this entry about 26-U.S.C.-4945, find legal reference material, bibliographies and premiere content related to taxes in the American Encyclopedia of Law, presenting a comprehensive view of the United States taxes-specific issues, written by authorities in the field.
26-U.S.C.-4942 in the Legal Encyclopedia: Tax Exempt Organizations
In this entry about 26-U.S.C.-4942, find legal reference material, bibliographies and premiere content related to tax exempt organizations in the American Encyclopedia of Law, presenting a comprehensive view of the United States tax exempt organizations-specific issues, written by authorities in the field.
26-U.S.C.-4952 in the Legal Encyclopedia: Estate Law
In this entry about 26-U.S.C.-4952, find legal reference material, bibliographies and premiere content related to estate law in the American Encyclopedia of Law, presenting a comprehensive view of the United States estate law-specific issues, written by authorities in the field.
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