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Exempt Organizations Technical Guide›TG 62: Excise Taxes on Taxable Expenditures – IRC Section 4945›Table of Contents

B. Section 4945 – Second Tier Tax and Penalties Example

Publication 5590 — Exempt Organizations Technical Guide TG 62: Excise Taxes on Taxable Expenditures under IRC 4945 · 2026-10-03 edition · updated 2026-10-04 · United States

(1) Continuing with the example above, Agent Davis, prior to issuing a 30-day letter

with the enclosed reports, issues a Thorne letter to Foundation Manager Charlie, who refuses to make correction. DP Charlie disputes that he is liable under Section 4945(a)(2) and plans to file a formal protest to Appeals upon receipt of Agent Davis’ report, issued on January 2, 2013. See the Thorne Letter example below for sample language used in a Thorne letter for a theoretical Section 4945 scenario.

(2) In the example above, Charlie was found to be a CPA who worked for a decade

for a large public charity. After consulting Area Counsel, Agent Davis determines that Charlie is further liable for the Section 6684 penalty for a willful and flagrant violation. The computations for Charlie’s liability are shown below:

Tax Year Tax Amount Code Section Penalty Rate Months Late Penalty
200912 $1,250.00 6651(a)(1) 4.5% 5 $281.25
200912 $1,250.00 6651(a)(2) 0.5% 32 $200.00
200912 $10,000.00 6684 100% N/A $1,250.00
200912 $20,000.00 6684 100% N/A $12,500.00
Total Penalty Total Penalty Total Penalty Total Penalty Total Penalty $14,231.25

(3) Because a penalty under Section 6684 is being proposed, Agent Davis obtains

written supervisory approval for penalty assessment to comply with Section 6751(b)(1) and includes all pertinent documentation in the case file.

(4) As the transaction is not corrected, Private Foundation Bravo is subject to the

second tier tax on the entire amount of the transaction. Without correction, Agent Davis would issue the following formal reports of examination to Private Foundation Bravo and Foundation Manager Charlie that include the second tier tax with a 30-day letter (Letter 3614):

115

Exempt Organizations Excise Tax Audit Changes

(Chapter 41, Chapter 42, and Section 170(f)(10)(F) Excise Taxes)

Taxpayer)

See attached Explanation of Items

Form 4883 (Rev. 1-2004) Catalog Number 42083F

116

Department of the Treasury Internal Revenue Service www.irs.gov

Exempt Organizations Excise Tax Audit Changes

(Chapter 41, Chapter 42, and Section 170(f)(10)(F) Excise Taxes)

Name of Exempt Organization (if different from Taxpayer) Private Foundation Bravo




Taxable Years Ended

Taxable Years Ended

Taxable Years Ended




12/31/2009

Internal Revenue Code Section for Proposed
Adjustment
Internal Revenue Code Section for Proposed
Adjustment
Internal Revenue Code Section for Proposed
Adjustment
4945(a)(2)



1. Adjustments

1. Adjustments
Taxable expenditure
(birthday gift)
25,000.00


1. Adjustments

1. Adjustments




1. Adjustments

1. Adjustments



1. Adjustments

1. Adjustments



1. Adjustments

1. Adjustments



1. Adjustments

1. Adjustments



2. Total Adjustments
Total Adjustments
25,000.00


3. Amount reported on return or as
Previously adjusted
Amount reported on return or as
Previously adjusted
0.00


4.
Total amount as corrected

Total amount as corrected
25,000.00


5. Applicable tax rate %
Applicable tax rate %
5%


6. Initial tax liability as corrected (line 4 x
Line 5)*
Initial tax liability as corrected (line 4 x
Line 5)*
1,250.00
7.
Initial tax liability reported

Initial tax liability reported
0.00


8. Increase (or decrease) in tax
Increase (or decrease) in tax
1,250.00


9. Additional tax (minimum) at 50% (IRC
4945(b)(2))
Additional tax (minimum) at 50% (IRC
4945(b)(2))
12,500.00


10.
Penalties (IRC 6651(a)(1), 6651(a)(2),
6684)

Penalties (IRC 6651(a)(1), 6651(a)(2),
6684)
14,231.25

Explanation of Adjustments See attached Explanation of Items

  • The tax is capped at $10,000 for Section 4945(a)(2) and $20,000 for Section 4945(b)(2). The failure to pay penalty per Section 6651(a)(2) will continue to accrue until the tax

deficiency is fully paid, up to a maximum rate of 25%.

Department of the Treasury

Form 4883 (Rev. 1-2004) Catalog Number 42083F Internal Revenue Service

Catalog Number 42083F

Department of the Treasury Internal Revenue Service www.irs.gov

117

Exempt Organizations – Report of Examination

1. Form No.
4720
2. Area Office
[Insert name of your area]
3. Date of Report
[Insert date]

4. Name and Address of Taxpayer

Private Foundation Bravo
[Insert street address]
[Insert city, state, and zip code]


4. Name and Address of Taxpayer

Private Foundation Bravo
[Insert street address]
[Insert city, state, and zip code]


4. Name and Address of Taxpayer

Private Foundation Bravo
[Insert street address]
[Insert city, state, and zip code]


4. Name and Address of Taxpayer

Private Foundation Bravo
[Insert street address]
[Insert city, state, and zip code]


4. Name and Address of Taxpayer

Private Foundation Bravo
[Insert street address]
[Insert city, state, and zip code]


4. Name and Address of Taxpayer

Private Foundation Bravo
[Insert street address]
[Insert city, state, and zip code]

5. Name and Address of Private Foundation or
Other Exempt Organization (If different from Item
4)



5. Name and Address of Private Foundation or
Other Exempt Organization (If different from Item
4)



5. Name and Address of Private Foundation or
Other Exempt Organization (If different from Item
4)



5. Name and Address of Private Foundation or
Other Exempt Organization (If different from Item
4)



5. Name and Address of Private Foundation or
Other Exempt Organization (If different from Item
4)



5. Name and Address of Private Foundation or
Other Exempt Organization (If different from Item
4)



6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
7. Tax Period(s) Ended 7. Tax Period(s) Ended 7. Tax Period(s) Ended 8. Private Foundation’s
or other Exempt
Organization’s
Employer Identification
Number_(If different_
from Item 6)
8. Private Foundation’s
or other Exempt
Organization’s
Employer Identification
Number_(If different_
from Item 6)
8. Private Foundation’s
or other Exempt
Organization’s
Employer Identification
Number_(If different_
from Item 6)
9. Tax Period(s) Ended 9. Tax Period(s) Ended 9. Tax Period(s) Ended
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6/30/2010 6/30/2010
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6. Social Security
Number or Employer
Identification Number

[Insert EIN]
6. Social Security
Number or Employer
Identification Number

[Insert EIN]





10. Reporter Preparer’s Name

[Insert your name]

10. Reporter Preparer’s Name

[Insert your name]

10. Reporter Preparer’s Name

[Insert your name]

10. Reporter Preparer’s Name

[Insert your name]

10. Reporter Preparer’s Name

[Insert your name]

10. Reporter Preparer’s Name

[Insert your name]

10. Reporter Preparer’s Name

[Insert your name]

11. Agreement Secured
(Check one.)
Yes
No

11. Agreement Secured
(Check one.)
Yes
No

11. Agreement Secured
(Check one.)
Yes
No

11. Agreement Secured
(Check one.)
Yes
No

11. Agreement Secured
(Check one.)
Yes
No


12. Findings Discussed with (Name and Title)
[Insert name of a foundation manager or representative]

12. Findings Discussed with (Name and Title)
[Insert name of a foundation manager or representative]

12. Findings Discussed with (Name and Title)
[Insert name of a foundation manager or representative]

12. Findings Discussed with (Name and Title)
[Insert name of a foundation manager or representative]

12. Findings Discussed with (Name and Title)
[Insert name of a foundation manager or representative]

12. Findings Discussed with (Name and Title)
[Insert name of a foundation manager or representative]

12. Findings Discussed with (Name and Title)
[Insert name of a foundation manager or representative]
13. Agreement Date
[Leave blank]
13. Agreement Date
[Leave blank]
13. Agreement Date
[Leave blank]
13. Agreement Date
[Leave blank]
13. Agreement Date
[Leave blank]

14a. Summary of Proposed Adjustments

14a. Summary of Proposed Adjustments

14a. Summary of Proposed Adjustments

14a. Summary of Proposed Adjustments

14a. Summary of Proposed Adjustments

14a. Summary of Proposed Adjustments

14a. Summary of Proposed Adjustments
14b. Penalty 14b. Penalty 14b. Penalty 14b. Penalty 14b. Penalty
Internal
Revenue
Code Section
(1)
Period
Covered by
Examination
(2)
Period
Covered by
Examination
(2)
Period
Covered by
Examination
(2)
Amount of Tax
(3)
Amount of Tax
(3)
Additional Tax
(4)
Internal
Revenue
Code Section
(1)
Internal
Revenue
Code Section
(1)
Internal
Revenue
Code Section
(1)
Amount
(2)
Amount
(2)
4945(a)(1) 6/30/2010 6/30/2010 6/30/2010 4,000.00 4,000.00 25,000.00

See attached Explanation of Items

16. Attachments

Form 4621 Rev (1-2004) Catalog Number 41830Q

118

Deparatment of the Treasury Internal Revenue Service www.irs.gov

Exempt Organizations – Report of Examination

See attached Explanation of Items

16. Attachments

Form 4621 Rev (1-2004) Catalog Number 41830Q

119

Deparatment of the Treasury Internal Revenue Service www.irs.gov

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▸Contents — Publication 5590 — Exempt Organizations Technical Guide TG 62: Excise Taxes on Taxable Expenditures under IRC 4945

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