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

Other Section 4958 Issues

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

(1) Though not all-inclusive, the list below shows examples of transactions between

an ATEO and disqualified person that could raise Section 4958 issues:

a. Exempt organization’s payment of a disqualified person's personal expenses

b. Disqualified person’s use of the exempt organization's vehicles for personal

reasons

c. Disqualified person’s use of the exempt organization's real property for

personal reasons

d. Disqualified person’s lease of property to the exempt organization in

exchange for rent

e. Whether amounts the disqualified person received from the exempt

organization are loans

f. Whether amounts the disqualified person received from the exempt

organization are loan repayments

g. Exempt organization’s payment of personal expenses for a disqualified

person's family members

h. Exempt organization’s payments to a for-profit corporation owned by the

disqualified person

i. Disqualified person embezzled funds from an exempt organization

j. Exempt organization and disqualified person revenue-sharing arrangements

k. Exempt organization’s transfer of assets to or from a for-profit organization

controlled by the disqualified person

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