A Look At New IRS Guidance For Nonprofits Calculating UBTI

By Shira Helstrom (September 10, 2018, 4:24 PM EDT) -- With some exceptions, organizations subject to the unrelated business income tax under Internal Revenue Code Section 511 that have more than one unrelated trade or business may rely on a "reasonable, good-faith interpretation" of IRC Sections 511 through 514 when identifying different trades or businesses for purposes of the new silo rules under Section 512(a)(6) pending issuance of proposed regulations. The Internal Revenue Service has identified use of the North American Industry Classification System, or NAICS, as a "reasonable, good-faith interpretation." The IRS is requesting comments on how to set forth an administrable method for identifying separate trades or businesses for purposes of the new rules that will not significantly increase the administrative burden on organizations in complying with the new rules or on the IRS in implementing and enforcing the new rules....

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