Notes on 26 U.S.C. § 527 : US Code - Notes

Search Notes on 26 U.S.C. § 527 : US Code - Notes

(Added Pub. L. 93-625, Sec. 10(a), Jan. 3, 1975, 88 Stat. 2116;
amended Pub. L. 94-455, title XIX, Sec. 1901(b)(33)(C), Oct. 4,
1976, 90 Stat. 1801; Pub. L. 95-502, title III, Sec. 302(a), Oct.
21, 1978, 92 Stat. 1702; Pub. L. 95-600, title III, Sec. 301(b)(6),
Nov. 6, 1978, 92 Stat. 2821; Pub. L. 97-34, title I, Sec. 128(a),
Aug. 13, 1981, 95 Stat. 203; Pub. L. 98-369, div. A, title IV, Sec.
474(r)(16), title VII, Sec. 722(c), July 18, 1984, 98 Stat. 843,
973; Pub. L. 99-514, title I, Sec. 112(b)(1), Oct. 22, 1986, 100
Stat. 2108; Pub. L. 100-647, title I, Sec. 1001(b)(3)(B), Nov. 10,
1988, 102 Stat. 3349; Pub. L. 106-230, Secs. 1(a), 2(a), July 1,
2000, 114 Stat. 477, 479; Pub. L. 107-276, Secs. 1(a), 2(a), (b),
5(a), 6(a)-(c), (e)-(g), Nov. 2, 2002, 116 Stat. 1929, 1932-1934.)
REFERENCES IN TEXT
Section 610 of title 18, referred to in subsec. (f)(3), was
repealed by Pub. L. 94-283, title II, Sec. 201(a), May 11, 1976, 90
Stat. 496. See section 441b of Title 2, The Congress.
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, as amended, which is classified principally to chapter 14
(Sec. 431 et seq.) of Title 2, The Congress. Section 301 of the Act
is classified to section 431 of Title 2. For complete
classification of this Act to the Code, see Short Title note set
out under section 431 of Title 2 and Tables.
AMENDMENTS
2002 - Subsec. (e)(5). Pub. L. 107-276, Sec. 2(b), added par.
(5).
Subsec. (i)(1)(A). Pub. L. 107-276, Sec. 6(c), substituted
"electronically" for ", electronically and in writing,".
Subsec. (i)(1)(B). Pub. L. 107-276, Sec. 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, Sec. 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, Sec. 6(f), added subpar.
(E) and redesignated former subpar. (E) as (F).
Subsec. (i)(4). Pub. L. 107-276, Sec. 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, Sec. 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, Sec. 1(a), added subpar. (C).
Subsec. (j)(1). Pub. L. 107-276, Sec. 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, Sec. 6(e)(1)(A), inserted ",
date, and purpose" after "The amount".
Subsec. (j)(3)(B). Pub. L. 107-276, Sec. 6(e)(1)(B), inserted
"and date" after "the amount".
Subsec. (j)(5)(C) to (F). Pub. L. 107-276, Sec. 2(a), added
subpar. (C) and redesignated former subpars. (C) to (E) as (D) to
(F), respectively.
Subsec. (j)(7). Pub. L. 107-276, Sec. 6(e)(2), added par. (7).
Subsec. (k). Pub. L. 107-276, Sec. 6(e)(3), added subsec. (k).
Former subsec. (k) redesignated (l).
Pub. L. 107-276, Sec. 5(a), added subsec. (k).
Subsec. (l). Pub. L. 107-276, Sec. 6(e)(3), redesignated subsec.
(k) as (l).
2000 - Subsec. (i). Pub. L. 106-230, Sec. 1(a), added subsec.
(i).
Subsec. (j). Pub. L. 106-230, Sec. 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, Sec. 112(b)(1)(A),
substituted "paragraph (3)" for "section 24(c)(2)".
Subsec. (g)(3). Pub. L. 99-514, Sec. 112(b)(1)(B), added par.
(3).
1984 - Subsec. (g)(1). Pub. L. 98-369, Sec. 474(r)(16),
substituted "section 24(c)(2)" for "section 41(c)(2)".
Subsec. (h)(2)(B). Pub. L. 98-369, Sec. 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".
EFFECTIVE DATE OF 2002 AMENDMENT
Pub. L. 107-276, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.
Section 722(c) of Pub. L. 98-369 provided that the amendment made
by that section is effective for taxable years beginning after Dec.
31, 1981.
EFFECTIVE DATE OF 1981 AMENDMENT
Section 128(b) of Pub. L. 97-34 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;
COLLATERAL
Section 302(b) of Pub. L. 95-502, as amended by Pub. L. 99-514,
Sec. 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(f)) 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 DATE
Section 10(e) of Pub. L. 93-625 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, Sec. 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 [2 U.S.C.
431 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 [2 U.S.C. 431 et
seq.]."