excess benefit

(1) Excess benefit transaction (A) In general The term “excess benefit transaction” means any transaction in which an economic benefit is provided by an applicable tax-exempt organization directly or indirectly to or for the use of any disqualified person if the value of the economic benefit provided exceeds the value of the consideration (including the performance of services) received for providing such benefit. For purposes of the preceding sentence, an economic benefit shall not be treated as consideration for the performance of services unless such organization clearly indicated its intent to so treat such benefit. (B) Excess benefit The term “excess benefit” means the excess referred to in subparagraph (A).

Source

26 USC § 4958(c)(1)


Scoping language

For purposes of this section
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