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Exempt Organizations Technical Guide›TG 65: Excise Taxes - Excess Benefit Transactions - IRC Section 4958›Table of Contents

Disregarded Benefits

0224 Publ 5835 (PDF) · 2026-10-03 edition · updated 2026-10-04 · United States

(1) The following economic benefits are generally disregarded for Section 4958. See

Treas. Reg. 53.4958-4(a)(4).

a. Nontaxable Fringe Benefits - An economic benefit that’s excluded from

income under Section 132 except any liability insurance premium, payment, or reimbursements that must be considered under Treas. Reg. 53.49584(b)(1)(ii)(B)(2). See Treas. Reg. 53.4958-4(a)(4)(i).

b. Expense Reimbursements paid under an "accountable plan" under Treas.

Reg. 1.62-2(c) See Treas. Reg. 53.4958-4(a)(4)(ii).

c. Economic benefits provided to volunteers for the organization if the benefit is

provided to the public in exchange for a membership fee or contribution of $75 or less per year. See Treas. Reg. 53.4958-4(a)(4)(iii).

d. Economic benefits provided to members of an organization solely due to the

payment of a membership fee, or to a donor solely because of a charitable

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contribution, regardless of whether the donor is eligible to claim the deduction, if:

  • Any non-disqualified person paying a membership fee or making a

charitable contribution above a specified amount is given the option of receiving substantially the same benefit; and

  • The disqualified person and a significant number of non-disqualified

persons make a payment or charitable contribution of at least the specified amount. See Treas. Reg. 53.4958-4(a)(4)(iv).

e. Economic benefits provided to a person solely because the person is a

member of a charitable class that the ATEO intends to benefit as part of the accomplishment of its exempt purpose. See Treas. Reg. 53.4958-4(a)(4)(v).

f. Any transfer of an economic benefit to or for the use of a governmental unit,

as defined in Section 170(c)(1) if the transfer is for exclusively public purposes. See Treas. Reg. 53.4958-4(a)(4)(vi).

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