Does a Non-Profit 501(c)(3) Realize Unrelated Business Taxable Income (UBTI) For Advertising?

Non-profit organizations which are exempt from income tax under 501(a) are subject to tax on unrelated business income. 501(b), 511. Unrelated business income is gross income derived by any organization from any unrelated trade or business, regularly carried on by it, less the deductions allowed. 512. An unrelated trade or business is a trade or business which is not substantially related (aside from the need of such organization for income or funds) to the purpose of the organization. 513. However, unrelated trade or business does not include a trade or business where substantially all the work is performed for the organization without compensation. 513(a)(1). See Rev. Rul. 75-201, 1975-1 CB 164.

The sale of advertising in a publication published by an exempt organization is an unrelated trade or business when the advertising activity is regularly carried on. Reg. 1.512(a)-1(f)(1). See also Rev. Rul. 73-424, 1973-2 CB 190.

Courts have held advertising revenue not to constitute unrelated business income in some circumstances. For example, in National Collegiate Athletic Assn. V. Comm., (1990, CA10) 66 AFTR 2d 90-5602, 914 F.2d 1417, 90-2USTC 50513, revg (1989) 92 TC 456, advertising revenue received by the NCAA from the sale of programs of its annually sponsored championship tournament was not unrelated business income where the tournament lasted less than three weeks and occurred only once a year.

IRS Chief Counsel strongly disagrees with the Tenth circuit. The IRS argues the state court should have taken into account the time spent soliciting the advertisements and preparing the advertising for publication. IRS announced it will continue to litigate the issue in appropriate cases. Action on Decision 1991-015, 7/3/91.

IRS distinguished NCAA where a state university received income from advertising placed in its football souvenir programs. Here, a significant time span was involved over which the activities were conducted. The football season lasted three months and the work in setting up the programs and soliciting adverting took even longer. IRS letter ruling 9137002.

Assuming that the journal is published periodically throughout the year, an exempt organization should not rely on National Collegiate Athletic Assn. The periodic publishing and on going solicitation efforts will likely constitute a unrelated business regularly carried on. See 512.

The court also held advertising revenue does not constitute unrelated business income in US v. American College of Physicians, (1986 S.Ct). In American College of Physicians, the court found that the advertising business contributes importantly to the universitys education program through the training of students.

Also, advertising revenue does not constitute unrelated business income if the advertising contributes to the organizations purpose. For example, publication of legal notices in a bar association journal contributes to the associations exempt purposes by promoting the common interest of the legal profession through providing a single source of information regarding legal events in the county and therefore, wouldnt result in unrelated business income. Rev. Rul. 82-139, 1982-2 CB 108. However, advertising revenue received by a bar association for ads place in its attorney directory are taxable income since the advertising is commercial in nature and represents an effort on the part of advertisers to maximize sales to a certain segment of the public. IRS Letter Ruling 9148054.

Similarly, magazine advertising revenues received by an exempt trucking association did not contribute to the associations exempt purposes where the advertising represented marketing efforts by the advertisers to sell their product. In this case, no systematic effort was made by the organization to advertise products related to the editorial content and no effort was made by the organization to limit advertisements to new products. Florida Trucking Assn Inc. (1986) 87 TC 1039.

It is clear that, with a few exceptions, advertising revenues received by a 501(c)(3) exempt organization will often generate unrelated business taxable income (UBTI).

The Departed

How To Overcome Your Fear Of Success

Ever hear about someone eating something spicy, and oncethey get the spices down, it makes them start sweating?

Well, the other day I was eating lunch with a friend of mine-- Mexican food -- and immediately after gobbling down somehot salsa, sweat starts pouring down my buddy's face, likehe was a fat man in a sauna.

The truth is, sometimes in anticipation of you crossing thefinish line on a project you're working on, your mindbecomes filled with anxiety and fears -- and suddenly YOUstart sweating.

Some of your fears will be real ("What if your projectfails?")... and... some of them will simply be perceived("What will my significant other think of me?" and...ironically, "What if your project fails?").

Steven Pressfield, in his book, The War Of Art, calls thesefears, thoughts and worries, "Resistance".

And "sensing" Resistance, is actually a good thing.

See, when you feel resistance slowly creeping its way intothe back of your mind, it usually means you're about to dosomething with explosive potential -- maybe something thatwill even change your life forever.

Hockey great Wayne Gretsky once said, "You miss 100% of theshots you never take."

So start shooting, and don't be afraid.

My mentor once told me, most of the fears that spend theirtime preoccupying your thoughts (and wasting your time),have all been created, from the ground up, by you -- inside the walls of your own mind.

So don't let all these silly notions and all that othernegative B.S. hold you back.

I know, just as well as you do, that these "bad" thoughtsusually start playing themselves over-and-over again in theback of your mind, like some kind of vicious broken taperecorder... usually at the times you LEAST need to hear them.

Don't worry though.

It's just Resistance telling you you're getting a little outof your comfort zone, and that you're on the right track.

So start taking your shots, and don't be so afraid -- evenif you are sweating like the fat man in the sauna.

Now go sell something,

Craig Garber
http://www.KingOfCopy.com

P.S. Check out all the prior archives you've beenmissing, right here at:http://www.kingofcopy.com/tips/tiparchives.html

Better Cooking

Are We Our Children's Best Role Models When It Comes To Money?

Today, everything from Gameboys to Sony Playstation to Xbox machines are now common in most homes. Though affordable, should our children be able to buy anything they want? This is a question I get from most parents. But what parents fail to understand is, when they try to keep up with what their neighbors have, it puts a major strain on the family's finances. Our children are now copying our ways by trying to keep up with us!

We need to be sure to keep our finances in order and show our children good fiscal responsibility. Money is a precious resource that we work hard for and should not be taken lightly. The average person has a revolving credit debt of over $8500 and bankruptcies are on the rise. What we do as family money managers goes a long way in teaching our children how to manage their own money matters.

Financial mismanagement inside families is a growing problem that can be devastating to children. Losing a home to foreclosure, having to move because of bad debts, learning to do without many of the luxuries they had before can lead to depression, lack of self-confidence, and unresolved feelings toward their parents for putting them into that position.

What is even more painful for children, is how parents isolate them from the reasons why things happened. Children need to understand that it is not their fault and that the parents made the mistakes. Parents must sit their children down and explain how mismanaging finances can put families in financial peril. If children are left to wonder, they will experience the same mistakes when they become adults.

This can be avoided at all costs if parents take the time to learn basic financial management skills. Here are some things you should be doing right now to keep your children from having to go out into life without an understanding of what it takes to financially succeed in this world.

1- Get kids involved in your life!

Show them what you are buying, what things cost in real value terms, and why you need them. Explain the differences between wants and needs and how to manage their money the right way.

2-Get your children involved in making small financial decisions.

This is a good way to show them what can happen if they make the wrong choices in life and what the consequences will be.

3- Make them aware of what money can and cannot do.

Money can make people do strange things. It has been written that it is the root of all evil but it can help those in need. A good example of this is the work that charities do. Money in itself is not bad. Only what people do with it that can turn bad.

4- Get your children involved with your shopping.

Have your children start cutting out coupons and filing them away for you. Use this as a time to teach math and language skills (especially if they are young), and allow them to help you shop by retrieving items on your list. Giving children responsibilities teaches them discipline, which is sorely lackingin our youth.

5- Don't just say no when they ask for something.

Explain to them the reasons behind why they cannot have the item, whether for financial, or other reasons, and show them alternatives that will give them confidence to make proper decisions later in life.

Children are a lot smarter than we give them credit for and they understand things better if you involve them. Don't talk down to them. Let them have a say in their lives. You will see that, we as parents, can change our destructive financial habits, and give our children something they need right now... the financial wisdom to carry throughout their lives.

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