26 U.S.C. § 527
Political organizations
A political organization shall be subject to taxation under this subtitle only to the extent provided in this section. A political organization shall be considered an organization exempt from income taxes for the purpose of any law which refers to organizations exempt from income taxes.
A tax is hereby imposed for each taxable year on the political organization taxable income of every political organization. Such tax shall be computed by multiplying the political organization taxable income by the highest rate of tax specified in section 11(b).
The term “political organization” means a party, committee, association, fund, or other organization (whether or not incorporated) organized and operated primarily for the purpose of directly or indirectly accepting contributions or making expenditures, or both, for an exempt function.
The term “exempt function” means the function of influencing or attempting to influence the selection, nomination, election, or appointment of any individual to any Federal, State, or local public office or office in a political organization, or the election of Presidential or Vice-Presidential electors, whether or not such individual or electors are selected, nominated, elected, or appointed. Such term includes the making of expenditures relating to an office described in the preceding sentence which, if incurred by the individual, would be allowable as a deduction under section 162(a).
The term “contributions” has the meaning given to such term by section 271(b)(2).
The term “expenditures” has the meaning given to such term by section 271(b)(3).
An organization shall not fail to be treated as a qualified State or local political organization solely because such organization makes de minimis errors in complying with the State reporting requirements and the public inspection requirements described in subparagraph (A) as long as the organization corrects such errors within a reasonable period after the organization becomes aware of such errors.
For purposes of this subsection and subsection (e)(1), a separate segregated fund (within the meaning of section 610 of title 18 or of any similar State statute, or within the meaning of any State statute which permits the segregation of dues moneys for exempt functions (within the meaning of subsection (e)(2))) which is maintained by an organization described in section 501(c) which is exempt from tax under section 501(a) shall be treated as a separate organization.
For purposes of this section, a fund established and maintained by an individual who holds, has been elected to, or is a candidate (within the meaning of paragraph (3)) for nomination or election to, any Federal, State, or local elective public office, for use by such individual exclusively for the preparation and circulation of such individual’s newsletter shall, except as provided in paragraph (2), be treated as if such fund constituted a political organization.
In the case of a political organization, which is a principal campaign committee, paragraph (1) of subsection (b) shall be applied by substituting “the appropriate rates” for “the highest rate”.
The notice required under paragraph (1) shall be transmitted not later than 24 hours after the date on which the organization is established or, in the case of any material change in the information required under paragraph (3), not later than 30 days after such material change.
In the case of an organization failing to meet the requirements of paragraph (1) for any period, the taxable income of such organization shall be computed by taking into account any exempt function income (and any deductions directly connected with the production of such income) or, in the case of a failure relating to a material change, by taking into account such income and deductions only during the period beginning on the date on which the material change occurs and ending on the date on which notice is given under this subsection. For purposes of the preceding sentence, the term “exempt function income” means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.
This subsection shall not apply to any person required (without regard to this subsection) to report under the Federal Election Campaign Act of 1971 (52 U.S.C. 30101 et seq.) as a political committee.
For purposes of this subsection, a person shall be treated as having made an expenditure or contribution if the person has contracted or is otherwise obligated to make the expenditure or contribution.
Any report required under paragraph (2) with respect to any calendar year shall be filed in electronic form.
The Secretary shall make any notice described in subsection (i)(1) or report described in subsection (j)(7) available for public inspection on the Internet not later than 48 hours after such notice or report has been filed (in addition to such public availability as may be made under section 6104(d)(7)).
Section 610 of title 18, referred to in subsec. (f)(3), was repealed by Pub. L. 94–283, title II, § 201(a),
The Federal Election Campaign Act of 1971, referred to in subsecs. (i)(6) and (j)(5)(A), is Pub. L. 92–225,
2019—Subsec. (j)(7). Pub. L. 116–25 struck out “if the organization has, or has reason to expect to have, contributions exceeding $50,000 or expenditures exceeding $50,000 in such calendar year” after “electronic form”.
2017—Subsec. (b). Pub. L. 115–97 struck out par. (1) designation and heading and struck out par. (2) which related to alternative tax in case of capital gains.
2014—Subsec. (h)(2)(A)(i). Pub. L. 113–295, § 220(l)(1), substituted “(52 U.S.C. 30102(e))” for “(2 U.S.C. 432(e))”.
Subsecs. (i)(6), (j)(5)(A). Pub. L. 113–295, § 220(l)(2), substituted “(52 U.S.C. 30101 et seq.)” for “(2 U.S.C. 431 et seq.)”.
2002—Subsec. (e)(5). Pub. L. 107–276, § 2(b), added par. (5).
Subsec. (i)(1)(A). Pub. L. 107–276, § 6(c), substituted “electronically” for “, electronically and in writing,”.
Subsec. (i)(1)(B). Pub. L. 107–276, § 6(g)(1), which directed the insertion of “or, in the case of any material change in the information required under paragraph (3), for the period beginning on the date on which the material change occurs and ending on the date on which such notice is given” after “given”, was executed by making the insertion after “given” the second time appearing, to reflect the probable intent of Congress.
Subsec. (i)(2). Pub. L. 107–276, § 6(g)(2), inserted “or, in the case of any material change in the information required under paragraph (3), not later than 30 days after such material change” after “established”.
Subsec. (i)(3)(E), (F). Pub. L. 107–276, § 6(f), added subpar. (E) and redesignated former subpar. (E) as (F).
Subsec. (i)(4). Pub. L. 107–276, § 6(g)(3), which directed the insertion of “or, in the case of a failure relating to a material change, by taking into account such income and deductions only during the period beginning on the date on which the material change occurs and ending on the date on which notice is given under this subsection” before period at end, was executed by making the insertion before period at end of first sentence, to reflect the probable intent of Congress.
Pub. L. 107–276, § 6(a), inserted at end “For purposes of the preceding sentence, the term ‘exempt function income’ means any amount described in a subparagraph of subsection (c)(3), whether or not segregated for use for an exempt function.”
Subsec. (i)(5)(C). Pub. L. 107–276, § 1(a), added subpar. (C).
Subsec. (j)(1). Pub. L. 107–276, § 6(b), inserted at end “For purposes of subtitle F, the amount imposed by this paragraph shall be assessed and collected in the same manner as penalties imposed by section 6652(c).”
Subsec. (j)(3)(A). Pub. L. 107–276, § 6(e)(1)(A), inserted “, date, and purpose” after “The amount”.
Subsec. (j)(3)(B). Pub. L. 107–276, § 6(e)(1)(B), inserted “and date” after “the amount”.
Subsec. (j)(5)(C) to (F). Pub. L. 107–276, § 2(a), added subpar. (C) and redesignated former subpars. (C) to (E) as (D) to (F), respectively.
Subsec. (j)(7). Pub. L. 107–276, § 6(e)(2), added par. (7).
Subsec. (k). Pub. L. 107–276, § 6(e)(3), added subsec. (k). Former subsec. (k) redesignated (l).
Pub. L. 107–276, § 5(a), added subsec. (k).
Subsec. (l). Pub. L. 107–276, § 6(e)(3), redesignated subsec. (k) as (l).
2000—Subsec. (i). Pub. L. 106–230, § 1(a), added subsec. (i).
Subsec. (j). Pub. L. 106–230, § 2(a), added subsec. (j).
1988—Subsec. (e)(2). Pub. L. 100–647 inserted at end “Such term includes the making of expenditures relating to an office described in the preceding sentence which, if incurred by the individual, would be allowable as a deduction under section 162(a).”
1986—Subsec. (g)(1). Pub. L. 99–514, § 112(b)(1)(A), substituted “paragraph (3)” for “section 24(c)(2)”.
Subsec. (g)(3). Pub. L. 99–514, § 112(b)(1)(B), added par. (3).
1984—Subsec. (g)(1). Pub. L. 98–369, § 474(r)(16), substituted “section 24(c)(2)” for “section 41(c)(2)”.
Subsec. (h)(2)(B). Pub. L. 98–369, § 722(c), inserted “Nothing in this subsection shall be construed to require any designation where there is only one political committee with respect to a candidate.”
1981—Subsec. (h). Pub. L. 97–34 added subsec. (h).
1978—Subsec. (b)(1). Pub. L. 95–600 substituted “Such tax shall be computed by multiplying the political organization taxable income by the highest rate of tax specified in section 11(b)” for “Such tax shall consist of a normal tax and a surtax computed as provided in section 11 as though the political organization were a corporation and as though the political organization taxable income were the taxable income referred to in section 11” and struck out provision that for purposes of this subsection, the surtax exemption provided by section 11(d) not be allowed.
Subsec. (c)(3)(D). Pub. L. 95–502 added subpar. (D).
1976—Subsec. (b)(2). Pub. L. 94–455 substituted “net capital gain” for “net section 1201 gain” after “organization has a”.
Pub. L. 116–25, title III, § 3101(d),
Amendment by Pub. L. 115–97 applicable to taxable years beginning after
Pub. L. 107–276, § 1(b),
Pub. L. 107–276, § 2(c),
Pub. L. 107–276, § 5(b),
Pub. L. 107–276, § 6(h)(1), (2),
Pub. L. 107–276, § 6(h)(4)–(6),
Pub. L. 106–230, § 1(d),
Pub. L. 106–230, § 2(d),
Amendment by Pub. L. 100–647 effective, except as otherwise provided, as if included in the provision of the Tax Reform Act of 1986, Pub. L. 99–514, to which such amendment relates, see section 1019(a) of Pub. L. 100–647, set out as a note under section 1 of this title.
Amendment by Pub. L. 99–514 applicable to taxable years beginning after
Amendment by section 474(r)(16) of Pub. L. 98–369 applicable to taxable years beginning after
Pub. L. 98–369, div. A, title VII, § 722(c),
Pub. L. 97–34, title I, § 128(b),
Amendment by section 301(b)(6) of Pub. L. 95–600 applicable to taxable years beginning after
Pub. L. 95–502, title III, § 302(b),
Amendment by Pub. L. 94–455 applicable with respect to taxable years beginning after
Pub. L. 93–625, § 10(e),
Pub. L. 107–276, § 4,