26 USC § 513 - Unrelated trade or business
(a)
General rule
The term “unrelated trade or business” means, in the case of any organization subject to the tax imposed by section
511, any trade or business the conduct of which is not substantially related (aside from the need of such organization for income or funds or the use it makes of the profits derived) to the exercise or performance by such organization of its charitable, educational, or other purpose or function constituting the basis for its exemption under section
501 (or, in the case of an organization described in section
511
(a)(2)(B), to the exercise or performance of any purpose or function described in section
501
(c)(3)), except that such term does not include any trade or business—
(1)
in which substantially all the work in carrying on such trade or business is performed for the organization without compensation; or
(2)
which is carried on, in the case of an organization described in section
501
(c)(3) or in the case of a college or university described in section
511
(a)(2)(B), by the organization primarily for the convenience of its members, students, patients, officers, or employees, or, in the case of a local association of employees described in section
501
(c)(4) organized before May 27, 1969, which is the selling by the organization of items of work-related clothes and equipment and items normally sold through vending machines, through food dispensing facilities, or by snack bars, for the convenience of its members at their usual places of employment; or
(b)
Special rule for trusts
The term “unrelated trade or business” means, in the case of—
(1)
a trust computing its unrelated business taxable income under section
512 for purposes of section
681; or
(2)
a trust described in section
401
(a), orsection
501
(c)(17), which is exempt from tax under section
501
(a);
any trade or business regularly carried on by such trust or by a partnership of which it is a member.
(c)
Advertising, etc., activities
For purposes of this section, the term “trade or business” includes any activity which is carried on for the production of income from the sale of goods or the performance of services. For purposes of the preceding sentence, an activity does not lose identity as a trade or business merely because it is carried on within a larger aggregate of similar activities or within a larger complex of other endeavors which may, or may not, be related to the exempt purposes of the organization. Where an activity carried on for profit constitutes an unrelated trade or business, no part of such trade or business shall be excluded from such classification merely because it does not result in profit.
(d)
Certain activities of trade shows, State fairs, etc.
(1)
General rule
The term “unrelated trade or business” does not include qualified public entertainment activities of an organization described in paragraph (2)(C), or qualified convention and trade show activities of an organization described in paragraph (3)(C).
(2)
Qualified public entertainment activities
For purposes of this subsection—
(A)
Public entertainment activity
The term “public entertainment activity” means any entertainment or recreational activity of a kind traditionally conducted at fairs or expositions promoting agricultural and educational purposes, including, but not limited to, any activity one of the purposes of which is to attract the public to fairs or expositions or to promote the breeding of animals or the development of products or equipment.
(B)
Qualified public entertainment activity
The term “qualified public entertainment activity” means a public entertainment activity which is conducted by a qualifying organization described in subparagraph (C) in—
(ii)
accordance with the provisions of State law which permit the activity to be operated or conducted solely by such an organization, or by an agency, instrumentality, or political subdivision of such State, or
(iii)
accordance with the provisions of State law which permit such an organization to be granted a license to conduct not more than 20 days of such activity on payment to the State of a lower percentage of the revenue from such licensed activity than the State requires from organizations not described in section
501
(c)(3), (4), or (5).
(3)
Qualified convention and trade show activities
(A)
Convention and trade show activities
The term “convention and trade show activity” means any activity of a kind traditionally conducted at conventions, annual meetings, or trade shows, including, but not limited to, any activity one of the purposes of which is to attract persons in an industry generally (without regard to membership in the sponsoring organization) as well as members of the public to the show for the purpose of displaying industry products or to stimulate interest in, and demand for, industry products or services, or to educate persons engaged in the industry in the development of new products and services or new rules and regulations affecting the industry.
(B)
Qualified convention and trade show activity
The term “qualified convention and trade show activity” means a convention and trade show activity carried out by a qualifying organization described in subparagraph (C) in conjunction with an international, national, State, regional, or local convention, annual meeting, or show conducted by an organization described in subparagraph (C) if one of the purposes of such organization in sponsoring the activity is the promotion and stimulation of interest in, and demand for, the products and services of that industry in general or to educate persons in attendance regarding new developments or products and services related to the exempt activities of the organization, and the show is designed to achieve such purpose through the character of the exhibits and the extent of the industry products displayed.
(C)
Qualifying organization
For purposes of this paragraph, the term “qualifying organization” means an organization described in section
501
(c)(3), (4), (5), or (6) which regularly conducts as one of its substantial exempt purposes a show which stimulates interest in, and demand for, the products of a particular industry or segment of such industry or which educates persons in attendance regarding new developments or products and services related to the exempt activities of the organization.
(e)
Certain hospital services
In the case of a hospital described in section
170
(b)(1)(A)(iii), the term “unrelated trade or business” does not include the furnishing of one or more of the services described in section
501
(e)(1)(A) to one or more hospitals described in section
170
(b)(1)(A)(iii) if—
(1)
such services are furnished solely to such hospitals which have facilities to serve not more than 100 inpatients;
(f)
Certain bingo games
(1)
In general
The term “unrelated trade or business” does not include any trade or business which consists of conducting bingo games.
(g)
Certain pole rentals
In the case of a mutual or cooperative telephone or electric company, the term “unrelated trade or business” does not include engaging in qualified pole rentals (as defined in section
501
(c)(12)(D)).
(h)
Certain distributions of low cost articles without obligation to purchase and exchanges and rentals of member lists
(1)
In general
In the case of an organization which is described in section
501 and contributions to which are deductible under paragraph (2) or (3) of section
170
(c), the term “unrelated trade or business” does not include—
(2)
Low cost article defined
For purposes of this subsection—
(A)
In general
The term “low cost article” means any article which has a cost not in excess of $5 to the organization which distributes such item (or on whose behalf such item is distributed).
(B)
Aggregation rule
If more than 1 item is distributed by or on behalf of an organization to a single distributee in any calendar year, the aggregate of the items so distributed in such calendar year to such distributee shall be treated as 1 article for purposes of subparagraph (A).
(3)
Distribution which is incidental to the solicitation of charitable contributions described
For purposes of this subsection, any distribution of low cost articles by an organization shall be treated as a distribution incidental to the solicitation of charitable contributions only if—
(i)
Treatment of certain sponsorship payments
(1)
In general
The term “unrelated trade or business” does not include the activity of soliciting and receiving qualified sponsorship payments.
(2)
Qualified sponsorship payments
For purposes of this subsection—
(A)
In general
The term “qualified sponsorship payment” means any payment made by any person engaged in a trade or business with respect to which there is no arrangement or expectation that such person will receive any substantial return benefit other than the use or acknowledgement of the name or logo (or product lines) of such person’s trade or business in connection with the activities of the organization that receives such payment. Such a use or acknowledgement does not include advertising such person’s products or services (including messages containing qualitative or comparative language, price information, or other indications of savings or value, an endorsement, or an inducement to purchase, sell, or use such products or services).
(B)
Limitations
(i)
Contingent payments
The term “qualified sponsorship payment” does not include any payment if the amount of such payment is contingent upon the level of attendance at one or more events, broadcast ratings, or other factors indicating the degree of public exposure to one or more events.
(ii)
Safe harbor does not apply to periodicals and qualified convention and trade show activities
The term “qualified sponsorship payment” does not include—
(I)
any payment which entitles the payor to the use or acknowledgement of the name or logo (or product lines) of the payor’s trade or business in regularly scheduled and printed material published by or on behalf of the payee organization that is not related to and primarily distributed in connection with a specific event conducted by the payee organization, or
(a)
General rule
The term “unrelated trade or business” means, in the case of any organization subject to the tax imposed by section
511, any trade or business the conduct of which is not substantially related (aside from the need of such organization for income or funds or the use it makes of the profits derived) to the exercise or performance by such organization of its charitable, educational, or other purpose or function constituting the basis for its exemption under section
501 (or, in the case of an organization described in section
511
(a)(2)(B), to the exercise or performance of any purpose or function described in section
501
(c)(3)), except that such term does not include any trade or business—
(1)
in which substantially all the work in carrying on such trade or business is performed for the organization without compensation; or
(2)
which is carried on, in the case of an organization described in section
501
(c)(3) or in the case of a college or university described in section
511
(a)(2)(B), by the organization primarily for the convenience of its members, students, patients, officers, or employees, or, in the case of a local association of employees described in section
501
(c)(4) organized before May 27, 1969, which is the selling by the organization of items of work-related clothes and equipment and items normally sold through vending machines, through food dispensing facilities, or by snack bars, for the convenience of its members at their usual places of employment; or
(b)
Special rule for trusts
The term “unrelated trade or business” means, in the case of—
(1)
a trust computing its unrelated business taxable income under section
512 for purposes of section
681; or
(2)
a trust described in section
401
(a), orsection
501
(c)(17), which is exempt from tax under section
501
(a);
any trade or business regularly carried on by such trust or by a partnership of which it is a member.
(c)
Advertising, etc., activities
For purposes of this section, the term “trade or business” includes any activity which is carried on for the production of income from the sale of goods or the performance of services. For purposes of the preceding sentence, an activity does not lose identity as a trade or business merely because it is carried on within a larger aggregate of similar activities or within a larger complex of other endeavors which may, or may not, be related to the exempt purposes of the organization. Where an activity carried on for profit constitutes an unrelated trade or business, no part of such trade or business shall be excluded from such classification merely because it does not result in profit.
(d)
Certain activities of trade shows, State fairs, etc.
(1)
General rule
The term “unrelated trade or business” does not include qualified public entertainment activities of an organization described in paragraph (2)(C), or qualified convention and trade show activities of an organization described in paragraph (3)(C).
(2)
Qualified public entertainment activities
For purposes of this subsection—
(A)
Public entertainment activity
The term “public entertainment activity” means any entertainment or recreational activity of a kind traditionally conducted at fairs or expositions promoting agricultural and educational purposes, including, but not limited to, any activity one of the purposes of which is to attract the public to fairs or expositions or to promote the breeding of animals or the development of products or equipment.
(B)
Qualified public entertainment activity
The term “qualified public entertainment activity” means a public entertainment activity which is conducted by a qualifying organization described in subparagraph (C) in—
(ii)
accordance with the provisions of State law which permit the activity to be operated or conducted solely by such an organization, or by an agency, instrumentality, or political subdivision of such State, or
(iii)
accordance with the provisions of State law which permit such an organization to be granted a license to conduct not more than 20 days of such activity on payment to the State of a lower percentage of the revenue from such licensed activity than the State requires from organizations not described in section
501
(c)(3), (4), or (5).
(3)
Qualified convention and trade show activities
(A)
Convention and trade show activities
The term “convention and trade show activity” means any activity of a kind traditionally conducted at conventions, annual meetings, or trade shows, including, but not limited to, any activity one of the purposes of which is to attract persons in an industry generally (without regard to membership in the sponsoring organization) as well as members of the public to the show for the purpose of displaying industry products or to stimulate interest in, and demand for, industry products or services, or to educate persons engaged in the industry in the development of new products and services or new rules and regulations affecting the industry.
(B)
Qualified convention and trade show activity
The term “qualified convention and trade show activity” means a convention and trade show activity carried out by a qualifying organization described in subparagraph (C) in conjunction with an international, national, State, regional, or local convention, annual meeting, or show conducted by an organization described in subparagraph (C) if one of the purposes of such organization in sponsoring the activity is the promotion and stimulation of interest in, and demand for, the products and services of that industry in general or to educate persons in attendance regarding new developments or products and services related to the exempt activities of the organization, and the show is designed to achieve such purpose through the character of the exhibits and the extent of the industry products displayed.
(C)
Qualifying organization
For purposes of this paragraph, the term “qualifying organization” means an organization described in section
501
(c)(3), (4), (5), or (6) which regularly conducts as one of its substantial exempt purposes a show which stimulates interest in, and demand for, the products of a particular industry or segment of such industry or which educates persons in attendance regarding new developments or products and services related to the exempt activities of the organization.
(e)
Certain hospital services
In the case of a hospital described in section
170
(b)(1)(A)(iii), the term “unrelated trade or business” does not include the furnishing of one or more of the services described in section
501
(e)(1)(A) to one or more hospitals described in section
170
(b)(1)(A)(iii) if—
(1)
such services are furnished solely to such hospitals which have facilities to serve not more than 100 inpatients;
(f)
Certain bingo games
(1)
In general
The term “unrelated trade or business” does not include any trade or business which consists of conducting bingo games.
(g)
Certain pole rentals
In the case of a mutual or cooperative telephone or electric company, the term “unrelated trade or business” does not include engaging in qualified pole rentals (as defined in section
501
(c)(12)(D)).
(h)
Certain distributions of low cost articles without obligation to purchase and exchanges and rentals of member lists
(1)
In general
In the case of an organization which is described in section
501 and contributions to which are deductible under paragraph (2) or (3) of section
170
(c), the term “unrelated trade or business” does not include—
(2)
Low cost article defined
For purposes of this subsection—
(A)
In general
The term “low cost article” means any article which has a cost not in excess of $5 to the organization which distributes such item (or on whose behalf such item is distributed).
(B)
Aggregation rule
If more than 1 item is distributed by or on behalf of an organization to a single distributee in any calendar year, the aggregate of the items so distributed in such calendar year to such distributee shall be treated as 1 article for purposes of subparagraph (A).
(3)
Distribution which is incidental to the solicitation of charitable contributions described
For purposes of this subsection, any distribution of low cost articles by an organization shall be treated as a distribution incidental to the solicitation of charitable contributions only if—
(i)
Treatment of certain sponsorship payments
(1)
In general
The term “unrelated trade or business” does not include the activity of soliciting and receiving qualified sponsorship payments.
(2)
Qualified sponsorship payments
For purposes of this subsection—
(A)
In general
The term “qualified sponsorship payment” means any payment made by any person engaged in a trade or business with respect to which there is no arrangement or expectation that such person will receive any substantial return benefit other than the use or acknowledgement of the name or logo (or product lines) of such person’s trade or business in connection with the activities of the organization that receives such payment. Such a use or acknowledgement does not include advertising such person’s products or services (including messages containing qualitative or comparative language, price information, or other indications of savings or value, an endorsement, or an inducement to purchase, sell, or use such products or services).
(B)
Limitations
(i)
Contingent payments
The term “qualified sponsorship payment” does not include any payment if the amount of such payment is contingent upon the level of attendance at one or more events, broadcast ratings, or other factors indicating the degree of public exposure to one or more events.
(ii)
Safe harbor does not apply to periodicals and qualified convention and trade show activities
The term “qualified sponsorship payment” does not include—
(I)
any payment which entitles the payor to the use or acknowledgement of the name or logo (or product lines) of the payor’s trade or business in regularly scheduled and printed material published by or on behalf of the payee organization that is not related to and primarily distributed in connection with a specific event conducted by the payee organization, or
Source
(Aug. 16, 1954, ch. 736, 68A Stat. 172; Pub. L. 86–667, § 4,July 14, 1960, 74 Stat. 536; Pub. L. 91–172, title I, § 121(b)(4), (c),Dec. 30, 1969, 83 Stat. 541, 542; Pub. L. 94–455, title XIII, §§ 1305(a),
1311
(a),Oct. 4, 1976, 90 Stat. 1716, 1729; Pub. L. 95–502, title III, § 301(a),Oct. 21, 1978, 92 Stat. 1702; Pub. L. 96–605, title I, § 106(b),Dec. 28, 1980, 94 Stat. 3524; Pub. L. 99–514, title XVI, §§ 1601(a),
1602(a), (b),Oct. 22, 1986, 100 Stat. 2766, 2767; Pub. L. 101–508, title XI, § 11101(d)(1)(G),Nov. 5, 1990, 104 Stat. 1388–405; Pub. L. 103–66, title XIII, § 13201(b)(3)(H),Aug. 10, 1993, 107 Stat. 459; Pub. L. 105–34, title IX, § 965(a),Aug. 5, 1997, 111 Stat. 893; Pub. L. 109–280, title XII, § 1220(b),Aug. 17, 2006, 120 Stat. 1088.)
Inflation Adjusted Items for Certain Years
For inflation adjustment of certain items in this section, see Revenue Procedures listed in a table under section 1 of this title.
Amendments
2006—Subsec. (j). Pub. L. 109–280, which directed the addition of subsec. (j) tosection
513, without specifying the act to be amended, was executed by making the addition to this section, which is section 513 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress.
1997—Subsec. (i). Pub. L. 105–34added subsec. (i).
1993—Subsec. (h)(2)(C)(ii). Pub. L. 103–66substituted “calendar year 1992” for “calendar year 1989”.
1990—Subsec. (h)(2)(C)(ii). Pub. L. 101–508inserted before period at end “, by substituting ‘calendar year 1987’ for ‘calendar year 1989’ in subparagraph (B) thereof”.
1986—Subsec. (d)(3)(B). Pub. L. 99–514, § 1602(a), inserted “or to educate persons in attendance regarding new developments or products and services related to the exempt activities of the organization”.
Subsec. (d)(3)(C). Pub. L. 99–514, § 1602(b), substituted “section
501
(c)(3), (4), (5), or (6)” for “section
501
(c)(5) or (6)” and inserted “or which educates persons in attendance regarding new developments or products and services related to the exempt activities of the organization”.
Subsec. (h). Pub. L. 99–514, § 1601(a), added subsec. (h).
1980—Subsec. (g). Pub. L. 96–605added subsec. (g).
1978—Subsec. (f). Pub. L. 95–502added subsec. (f).
1976—Subsec. (d). Pub. L. 94–455, § 1305(a), added subsec. (d).
Subsec. (e). Pub. L. 94–455, § 1311(a), added subsec. (e).
1969—Subsec. (a)(2). Pub. L. 91–172, § 121(b)(4), inserted reference to local associations of employees described in section
501
(c)(4) of this title and organized before May 27, 1969.
Subsec. (c). Pub. L. 91–172, § 121(c), substituted “Advertising, etc., activities” for “Special rule for certain publishing businesses”, in heading, and, in text, substituted provisions extending definition of trade or business to include any activity carried on for the production of income from the sale of goods or the performance of services, for provisions referring to publishing businesses carried on by an organization during a taxable year beginning before Jan. 1, 1953.
Effective Date of 2006 Amendment
Amendment by Pub. L. 109–280applicable to taxable years beginning after Aug. 17, 2006, with transition rule for existing organizations, see section 1220(c) ofPub. L. 109–280, set out as a note under section
501 of this title.
Effective Date of 1997 Amendment
Section 965(b) ofPub. L. 105–34provided that: “The amendment made by this section [amending this section] shall apply to payments solicited or received after December 31, 1997.”
Effective Date of 1993 Amendment
Amendment by Pub. L. 103–66applicable to taxable years beginning after Dec. 31, 1992, see section 13201(c) ofPub. L. 103–66, set out as a note under section
1 of this title.
Effective Date of 1990 Amendment
Amendment by Pub. L. 101–508applicable to taxable years beginning after Dec. 31, 1990, see section 11101(e) ofPub. L. 101–508, set out as a note under section
1 of this title.
Effective Date of 1986 Amendment
Section 1601(b) ofPub. L. 99–514provided that: “The amendment made by this section [amending this section] shall apply to distributions of low cost articles and exchanges and rentals of member lists after the date of the enactment of this Act [Oct. 22, 1986].”
Section 1602(c) ofPub. L. 99–514provided that: “The amendments made by this section [amending this section] shall apply to activities in taxable years beginning after the date of the enactment of this Act [Oct. 22, 1986].”
Effective Date of 1980 Amendment
Section 106(c)(2) ofPub. L. 96–605provided that: “The amendment made by subsection (b) [amending this section] shall apply to taxable years beginning after December 31, 1969.”
Effective Date of 1978 Amendment
Section 301(b) ofPub. L. 95–502provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1969.”
Effective Date of 1976 Amendment
Section 1305(b) ofPub. L. 94–455provided that: “The amendments made by subsection (a) [amending this section] apply to qualified public entertainment activities in taxable years beginning after December 31, 1962, and to qualified convention and trade show activities in taxable years beginning after the date of enactment of this Act [Oct. 4, 1976].”
Section 1311(b) ofPub. L. 94–455, as amended by Pub. L. 99–514, § 2,Oct. 22, 1986, 100 Stat. 2095, provided that: “The amendment made by this section [amending this section] shall apply to all taxable years to which the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [this title] applies.”
Effective Date of 1969 Amendment
Amendment by Pub. L. 91–172applicable to taxable years beginning after Dec. 31, 1969, see section 121(g) ofPub. L. 91–172, set out as a note under section
511 of this title.
Effective Date of 1960 Amendment
Amendment by Pub. L. 86–667applicable to taxable years beginning after Dec. 31, 1959, see section 6 ofPub. L. 86–667, set out as a note under section
501 of this title.
Conducting of Certain Games of Chance Not Treated as Unrelated Trade or Business
Pub. L. 98–369, div. A, title III, § 311,July 18, 1984, 98 Stat. 786, as amended by Pub. L. 99–514, § 2, title XVIII, § 1834,Oct. 22, 1986, 100 Stat. 2095, 2852, provided that:
“(a) General Rule.—For purposes of section 513 of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] (defining unrelated trade or business), the term ‘unrelated trade or business’ does not include any trade or business which consists of conducting any game of chance if—
“(1) such game of chance is conducted by a nonprofit organization,
“(2) the conducting of such game by such organization does not violate any State or local law, and
“(3) as of October 5, 1983—
“(A) there was a State law (originally enacted on April 22, 1977) in effect which permitted the conducting of such game of chance by such nonprofit organization, but
“(B) the conducting of such game of chance by organizations which were not nonprofit organizations would have violated such law.
“(b) Effective Date.—Subsection (a) shall apply to games of chance conducted after June 30, 1981, in taxable years ending after such date.”
[Section 1834 ofPub. L. 99–514, as amended by Pub. L. 100–647, title VI, § 6201,Nov. 10, 1988, 102 Stat. 3730, provided in part that: “The amendment made by this section [amending section 311 ofPub. L. 98–369, set out above] shall apply to games of chance conducted after October 22, 1986, in taxable years ending after such date”.]
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, April 16, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
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