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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