Treasury has issued proposed regulations that clarify a provision in the 2017 tax law that requires nonprofit organizations to calculate unrelated business income tax (“UBIT”) separately for each trade or business. The summary for the proposed regs is as follows:
This document contains proposed regulations that provide guidance on how an exempt organization subject to the unrelated business income tax described in section 511 of the Internal Revenue Code (Code) determines if it has more than one unrelated trade or business, and, if so, how the exempt organization calculates unrelated business taxable income. The proposed regulations also clarify that the definition of “unrelated trade or business” applies to individual retirement accounts. Additionally, the proposed regulations provide that inclusions of subpart F income and global intangible low-taxed income are treated in the same manner as dividends for purposes of section 512. The proposed regulations affect exempt organizations.
Posted by Lewis J. Saret, Co-General Editor, Wealth Strategies Journal.