1.Which one of the following types of organizations qualifies as an organization exempt from income tax?

a. An "action" organization established for the purpose of influencing legislation pertaining to protection of animal rights.

b. An organization whose purpose is to foster national or international amateur sports competition by providing athletic facilities and equipment.

c. A social club organized and operated exclusively for the pleasure and recreation of its members, supported solely by membership fees, dues, and assessments.

d. All "feeder" organizations, primarily conducting business for profit, but distributing 100% of their profits to organizations exempt from income tax.

答案：C

Explanation

Choice "c" is correct. A social club organized and operated exclusively for the pleasure and recreation of its members, supported "solely" by membership fees, dues, and assessments is exempt from income tax.

Choice "a" is incorrect. An "action" organization may lose its exempt status due to excessive lobbying. "Excess lobbying expenditures" are defined as the greater of the excess of lobbying expenditures over the lobbying nontaxable amount, or the excess of grass roots expenditures over 25% of the lobbying nontaxable amount.

Choice "d" is incorrect. An organization operated primarily for the purpose of carrying out a trade or business for profit cannot claim tax exemption on the ground that all its profits are payable to exempt organizations. It must rely on its own activities of an exempt nature to gain tax exemption. A feeder organization is taxable on its entire income, not just the portion it designates as its unrelated business income.

Choice "b" is incorrect. An organization whose purpose is to foster national or international amateur sports competition may qualify as an exempt organization only if none of its activities involve the providing of athletic facilities or equipment.

2.With regard to unrelated business income of an exempt organization, which one of the following statements is correct?

a. An exempt organization is not taxed on unrelated business income of less than $1,000.

b. An exempt organization that earns any unrelated business income in excess of $100,000 during a particular year will lose its exempt status for that particular year.

c. An unrelated trade or business activity that results in a loss is excluded from the definition of unrelated business.

d. The tax on unrelated business income can be imposed even if the unrelated business activity is intermittent and is carried on once a year.

答案：A

Explanation

Choice "a" is correct. An exempt organization is not taxed on unrelated business income of less than $1,000.

Choice "c" is incorrect. Unrelated business taxable income is the gross income from any unrelated trade or business "regularly" carried on, minus business deductions directly connected therewith. If expenses exceed income, a net operating loss occurs, which is subject to the carryback and carryover provisions of net operating losses.

Choice "d" is incorrect. The tax on unrelated business income is not imposed if the unrelated business activity is intermittent and is carried on once a year. Unrelated business taxable income must be derived from an activity that constitutes a trade or business that is regularly carried on and is not substantially related to the organization's tax-exempt purpose.

Choice "b" is incorrect. No such $100,000 rule exists.

The private foundation status of an exempt organization will terminate if it:

a. Is a foreign corporation.

b. Is governed by a charter that limits the exempt purposes.

c. Becomes a public charity.

d. Does not distribute all of its net assets to one or more public charities.

答案：C

Explanation

Choice "c" is correct. The private foundation status of an exempt organization will terminate if it becomes a public (50% type) charity.

3.Rule: Section 509 private foundations include all Code 501(C)(3) organizations, except:

1. Max 50% charitable deduction donees

2. Broadly publicly-supported organizations

3. Supporting organizations

4. Public safety organizations

Choice "b" is incorrect. A private foundation can have a charter that limits its exempt purpose.

Choice "d" is incorrect. A private foundation is not required to distribute all of its net assets to one or more public charities.

Choice "a" is incorrect. Foreign corporations may qualify as a private foundation.

4.Salud Welfare Associates is an exempt organization that operates under a corporate charter granted by the state in which Salud's principal office is located. Salud's tax on unrelated business taxable income is:

a. Computed at rates applicable to trusts.

b. Credited against the tax on recognized gains.

c. Computed at corporate income tax rates.

d. Abated.

答案：A

Explanation

Rule: Unless the organization is taxable as a trust, its unrelated business taxable income is subject to regular corporate taxes.

Choice "c" is correct. Salud's tax on unrelated business taxable income is computed at corporate income tax rates.

Choices "d", "b", and "a" are incorrect, per the above explanation.

5.Which of the following activities regularly carried out by an exempt organization will not result in unrelated business income?

a. The sale of laundry services by an exempt hospital to other hospitals.

b. The sale of heavy-duty appliances to senior citizens by an exempt senior citizens center.

c. The sale of a trade association of publications used as course materials for the association's seminars, which are oriented towards its members.

d. Accounting and tax services performed by a local chapter of a labor union for its members.

答案：C

Explanation

Rule: Unrelated business income is:

1. Derived from an activity that constitutes a trade or business,

2. Is regularly carried on, and

3. Is not substantially related to the organization's tax-exempt purpose.

Note: An unrelated business does not include any activity where all the work is performed for the organization by unpaid volunteers. Thus, using unpaid volunteers makes that business or activity "related."

Choice "c" is correct. The sale of a trade association of publications used as course materials for the association's seminars, which are oriented towards its members, will not result in unrelated business income.

Choices "a", "b", and "d" are incorrect, per the above explanation.

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