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

G. Correcting an Excess Benefit Transaction

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

(1) An excess benefit transaction is corrected by undoing the excess benefit to the

extent possible and taking any additional measures necessary to place the ATEO in a financial position not worse than it would be if the disqualified person were dealing under the highest fiduciary standards. See Section 4958(f)(6) and Treas. Reg. 53.4958-7(a).

(2) In the case of any correction of an excess benefit transaction involving a DAF

described in Section 4958(c)(2), no amount repaid may be held in any DAF. See Section 4958(f)(6).

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