The formulas
- Nontaxable amount: 20% of the first $500,000 of exempt purpose expenditures; $100,000 + 15% of the next $500,000; $175,000 + 10% of the next $500,000; $225,000 + 5% of the rest; never more than $1,000,000
- Grassroots nontaxable amount = 25% of the lobbying nontaxable amount
- Excess = greater of (lobbying - nontaxable) and (grassroots - grassroots nontaxable); tax = 25% of excess
How it works
A public charity that elects under section 501(h) measures its lobbying against a sliding scale of its exempt purpose expenditures in section 4911(c). Grassroots lobbying, which tries to influence legislation by affecting the opinions of the general public, has its own cap of one quarter of the overall amount.
If either limit is exceeded in a year, section 4911(a) imposes a 25 percent tax on the larger excess. The tool covers the annual test only; it does not apply the separate multi-year averaging that decides whether an electing organization keeps its exemption.
Illustrative figures only. Check the result against your firm's methodology before relying on it.
Common questions
Does grassroots lobbying count toward the overall limit too?
Yes. Grassroots expenditures are part of total lobbying expenditures and are also tested against their own 25 percent cap.
What is the most an electing charity can spend tax-free?
The lobbying nontaxable amount never exceeds $1,000,000, reached at $17,000,000 of exempt purpose expenditures.
Sources
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