Kenneth M Scott, CPA, Esq.

Your NPO and Unrelated Business Income

Nonprofit organizations are exempt from federal income tax under certain circumstances, but there are situations where they may be subject to taxation. One of those situations is when a nonprofit organization engages in activities that generate unrelated business income (UBI).

Unrelated business income is defined by the Internal Revenue Service (IRS) as income earned by a nonprofit organization from a trade or business that is not related to its tax-exempt purpose. Examples of UBI can include advertising revenue, rental income, or income from selling merchandise.

While UBI can be a valuable source of revenue for nonprofits, it is important to understand when this income is taxable. According to the IRS, an activity is considered an unrelated trade or business if it meets three criteria:

1. The activity must be a trade or business,

2. The activity must be regularly carried on, and

3. The activity must not be substantially related to the organization’s exempt purpose.

If an activity meets all three criteria, any income generated from that activity is considered UBI and may be subject to taxation.

There are certain exceptions to UBI taxation. For example, if the income is generated from an activity that is substantially related to the nonprofit’s exempt purpose, it may be exempt from taxation. Additionally, if the income generated from an activity is less than $1,000, it may not be subject to taxation.

It is important for nonprofit organizations to understand the rules surrounding UBI and taxation to avoid potential penalties or loss of tax-exempt status. Nonprofits that generate UBI must file Form 990-T, Exempt Organization Business Income Tax Return, and pay any applicable taxes.

Nonprofits should carefully evaluate any potential sources of UBI and consult with tax professionals to ensure compliance with IRS rules and regulations.

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