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Unrelated Business Income- Exclusions and Carve-Outs

Review of Unrelated Business Taxable Income

While 501(c)(3) organizations are generally recognized as tax-exempt, they may have to pay tax on income derived from certain revenue-generating activities (as opposed to income from donations) known as unrelated business taxable income (UBTI). Income may be considered UBTI if it (1) is from a trade or business, (2) that is regularly carried on, and (3) it is not substantially related to the charitable, educational, or other exempt purpose that is the basis of the organization’s tax-exempt status. See our previous blog for more details on these three factors and how nonprofits report and pay taxes on UBTI.

What are the Exceptions and Exclusions to UBTI?

Federal law permits no more than an insubstantial amount of a nonprofit’s activity to be devoted to unrelated business activity. Engaging in too much unrelated business activity could result in revocation of a nonprofit’s tax-exempt status. Thus, it is important to know the numerous modifications, exclusions, and exceptions from UBTI, including:

Be Aware of State Tax Laws Regarding UBTI

Although some states do not tax UBTI, most states do. How a nonprofit must compute UBTI for state income tax purposes will vary from state to state. While most states that tax UBTI conform in whole or in part to the federal definition of UBTI, many of those states have state-specific modifications.

Further, nonprofits must also determine the amount of UBTI attributable to the states in which it operates. Again, those rules vary from state to state.

While the rules governing Unrelated Business Taxable Income are complicated, The Law Firm for Non-Profits is well-versed in their nuances and here to help you navigate them.

NOTE: The information contained herein is not intended to be legal advice and the reader should know that no Attorney-Client relationship or privilege is formed by the posting or reading of this article which is also not intended to solicit business.

Casey Summar, Partner, The Law Firm for Non-Profits,1812 W Burbank Blvd, #7445, Burbank, CA 91506

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