Presented by
Alvin Brown and Associates,
tax attorney, formerly with the Office of the Chief Counsel of the IRS.
Call
: (888) 712-7690

         (703) 425-1400
for all IRS tax issues,
problems and emergencies.


Other Tax Topics
of interest to taxpayers and consultants


Testimony by Alvin S. Brown before the House Ways and Means Committee


Selecting a Tax Attorney


Tax Preparation Services

Tax Preparation Info

Offer In Compromise

Old OIC

States Offer in Compromise
Notice of Levy

Old Levy
IRS Tax Liens

Old Liens

IRS Audits

Audit Techniques Guide

Criminal Investigation

Tax Litigation

Penalty

Installment Agreements

Statute of Limitations

Frivolous Tax Argument

Interest Abatement

IRS Misconduct

IRS Abuses

Tax Fraud

Fraud Statutes

Bankruptcy

Tax Reform Legislation

Tax Shelters

Tax Court

Trust Fund Penalty

Legislation

Important Links

Criminal Tax Manual

Innocent Spouse Relief
Tax Refunds
Tax Liens - Suing the IRS
Appeals
Taxpayer Rights
New Tax Legislation
Information
Seizures and IRS Enforcement
IRS Tax Code and Regulations
Taxpayer Advocate and Problem Resolution 
Tax Penalties

IRS Collection
Freedom of Information
Taxpayer Privacy
Innocent Spouse Relief
Employee-Independent Contractor Issues
IRS mployee Misconduct
Bankruptcy and Offers in Compromise
Why Tax Protesters Lose
Federal Courts 
Write Your Congressman
Tax Exempt Organizations

   



1.501(c)(17)-3. Relation to other sections of the Code
(a) Taxability of benefit distributions

(1) Separation benefits. --If the separation benefits described in section 501(c)(17)(D)(i) are funded entirely by employer contributions, then the full amount of any separation benefit payment received by an employee is includible in his gross income under section 61(a). If any such separation benefit is funded by both employer and employee contributions, or solely by employee contributions, the amount of any separation benefit payment which is includible in the gross income of the employee is the amount by which such distribution and any prior distributions of such separation payments exceeds the employee's total contributions to fund such separation benefits.

(2) Sick and accident benefits. --Any benefit payment received from the trust under the part of the plan, if any, which provides for the payment of sick and accident benefits must be included in gross income under section 61(a), unless specifically excluded under section 104 or 105 and the regulations thereunder. See section 105(b) and §1.105-2 for benefit payments expended for medical care, benefit payments in excess of actual medical expenses, and benefit payments which an employee is entitled to receive irrespective of whether or not he incurs expenses for medical care. See section 213 and §1.213-1(g) for benefit payments representing reimbursement for medical expenses paid in prior years. See §1.501(c)(17)-2(i) for the requirement that a trust described in section 501(c)(17) which receives employee contributions must be part of a written plan which provides for the allocation of the cost of funding sick and accident benefits.

(b) Exemption as a voluntary employees' beneficiary association. --Section 501(c)(17)(E) contemplates that a trust forming part of a plan providing for the payment of supplemental unemployment compensation benefits may, if it qualifies, apply for exemption from income tax under section 501(a) either as a voluntary employees' beneficiary association described in section 501(c)(9) or as a trust described in section 501(c)(17).

(c) Returns. --A trust which is described in section 501(c)(17) and which is exempt from tax under section 501(a) must file a return in accordance with section 6033 and the regulations thereunder. If such a trust realizes any unrelated business taxable income, as defined in section 512, the trust is also required to file a return with respect to such income.

(d) Effective date. --Section 501(c)(17) shall apply to taxable years beginning after December 31, 1959, and shall apply to supplemental unemployment benefit trusts regardless of when created or organized. [Reg. §1.501(c)(17)-3.]

BACK TO REGULATIONS RELATED TO SEC. 501

BACK TO SEC. 501 EXEMPTION FROM TAX ON CORPORATIONS, CERTAIN TRUSTS, ETC.

Click here to Contact Us

[Top of Page]

 

 

[ Home ] Services ] FAQ ] Site Map ] Contact Us ]

Presented by Alvin Brown and Associates, tax attorney, formerly with the Office of the Chief Counsel of the IRS. 
Call us for all IRS tax issues, problems and emergencies
Protect yourself from IRS intimidation, errors, and penalties.
www.irstaxattorney.com - ab@irstaxattorney.com - (888) 712-7690 - (703) 425-1400

Web Design & Web Development by Web Design Company YottaDesign, LLC