EO Chapter 41 and 42 Excise Tax Reference Chart - Non-Private Foundations
Internal Revenue Manual Part 4. Examining Process · 2026-10-03 edition · updated 2026-10-04 · United States
The chart below lists the excise taxes under IRC Chapters 41 and 42 applicable to organizations that are not PFs. Each listed tax is described with its key attributes.
IRC Section
Assessed Against
Tax Rate
Form Reported On
2nd Tier Tax Applicable
Additional Resources
IRC 170(f)(10)(F) Tax on premiums paid on personal benefit
EO
100 percent
Form 4720
No
See Note 1
IRC 664(c)(2) Tax on UBIT of charitable remainder trusts
Charitable Remainder Trust
100 percent
Form 4720
No
Treas. Reg. 1.664-1(c)
IRC 4911 Tax on excess lobbying expenditures
EO
25 percent
Form 4720
No
IRC 4912 Tax on disqualifying lobbying expenditures
EO
5 percent
Form 4720
No
Organization Manager
5 percent
Form 4720-A
IRC 4951 Tax on self dealing (black lung trusts)
Self Dealer
10 percent
Form 990-BL, Schedule A
100 percent
Trustee
2.5 percent
50 percent
IRC 4952 Tax on taxable expenditures (black lung trusts)
Trust Fund
10 percent
Form 990-BL, Schedule A
100 percent
Trustee
2.5 percent
50 percent
IRC 4953 Tax on excess contributions (black lung trusts)
Contributor
5 percent
Form 6069 (Make a referral on Form 5666 to LB&I or SB/SE)
No
IRC 4955 Tax on political expenditures of IRC 501(c)(3) organizations
EO
10 percent
Form 4720
100 percent
Organization Manager
2.5 percent (Max $5,000 with respect to any one political expenditure)
Form 4720-A
50 percent (Max $10,000 with respect to any one political expenditure)
IRC 4958 Tax on excess benefit transactions (EBT)
Disqualified Person
25 percent
Form 4720
200 percent
Organization Manager
10 percent (Max $20,000 with respect to any one EBT)
Form 4720-A
No
IRC 4959 Tax on hospital organizations for failure to meet requirements of IRC 501(r)(3)
Hospital Organization
$50,000
Form 4720
No
Notice 2011-52
IRC 4960 Tax on excess expenditures to influence legislation
EO
21 percent
Form 4720
No
IRC 4965 Tax on prohibited tax shelter transaction (PTST)
Tax-Exempt Entity
Highest Income Tax Rate on the Greater of Entity Net Income or 75 percent of Transaction Proceeds. See Note 2
Form 4720 (The PTST is also reported on Form 8886-T)
No
Notice 2007-18
Entity Manager
$20,000 with respect to each approval or act
Form 4720-A
IRC 4966 Tax on taxable distribution by a sponsoring organization with respect to a donor advised fund
Sponsoring Organization
20 percent
Form 4720
No
Notice 2007-21
Fund Manager
5 percent (Max $10,000 with respect to any one taxable distribution)
Form 4720-A
IRC 4967 Tax on prohibited benefit to donor, donor advisor or to related person
Donor/ Donor Advisor/ Related Person
125 percent
Form 4720-A
No
Notice 2007-21
Fund Manager
10 percent (Max $10,000 with respect to any one distribution)
IRC 4968 Excise tax based on investment income of private colleges and universities
EO
1.4 percent
Form 4720
No
Note 1: Personal benefit contracts are certain life insurance, annuity, or endowment contracts where any beneficiary, or certain person(s) related thereto, are the transferors to the exempt organization of such contract.
Note 2: If the tax-exempt entity knew the transaction was a prohibited tax shelter transaction, the tax rate is the greater of 100 percent of the entity net income or 75 percent of the transaction proceeds.
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