- 12 - 990-T, Exempt Organization Business Income Tax Return, for each of the years in issue. OPINION Section 511(a)(1) imposes the unrelated business income tax (UBIT) on the unrelated business taxable income (UBTI) of certain tax-exempt organizations. Section 512 defines UBTI as follows: SEC. 512. UNRELATED BUSINESS TAXABLE INCOME. (a) Definition.--For purposes of this title-- (1) General Rule.--Except as otherwise provided in this subsection, the term "unrelated business taxable income" means the gross income derived by any organization from any unrelated trade or business (as defined in section 513) regularly carried on by it, less the deductions allowed by this chapter which are directly connected with the carrying on of such trade or business, both computed with the modifications provided in subsection (b). Accordingly, income is UBTI if it arises from a regularly carried-on trade or business that is not substantially related to the organization's tax-exempt purpose. See sec. 1.513-1(a) Income Tax Regs. Royalties, however, are excluded from UBTI pursuant to section 512(b)(2).5 See Sierra Club, Inc. v. 5 Sec. 512(b) provides: SEC. 512(b). Modifications.--The modifications referred to in subsection (a) are the following: * * * * * * * (2) There shall be excluded all royalties (including overriding royalties) whether measured by (continued...)Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011