Brief Case

Treas. Reg. § 1.501(a)-1

Exemption from taxation.
CFR 2014 annual edition (revised as of 2014-04-01) · superseded Apr 1, 2015 · last amended by T.D. 7859, 47 FR 54298, Dec. 2, 1982
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The earliest stored text of this section is effective Apr 1, 1997. Showing that version.
(a) In general; proof of exemption.
(1) Section 501(a) provides an exemption from income taxes for organizations which are described in section 501 (c) or (d) and section 401(a), unless such organization is a feeder organization (see section 502), or unless it engages in a transaction described in section 503. However, the exemption does not extend to unrelated business taxable income of such an organization (see part III (Section 511 and following), subchapter F, chapter 1 of the Code).
(2) An organization, other than an employees' trust described in section 401(a), is not exempt from tax merely because it is not organized and operated for profit. In order to establish its exemption, it is necessary that every such organization claiming exemption file an application form as set forth below with the district director for the internal revenue district in which is located the principal place of business or principal office of the organization. Subject only to the Commissioner's inherent power to revoke rulings because of a change in the law or regulations or for other good cause, an organization that has been determined by the Commissioner or the district director to be exempt under section 501(a) or the corresponding provision of prior law may rely upon such determination so long as there are no substantial changes in the organization's character, purposes, or methods of operation. An organization which has been determined to be exempt under the provisions of the Internal Revenue Code of 1939 or prior law is not required to secure a new determination of exemption merely because of the enactment of the Internal Revenue Code of 1954 unless affected by substantive changes in law made by such Code.
(3) An organization claiming exemption under section 501(a) and described in any paragraph of section 501(c) (other than section 501(c)(1) shall file the form of application prescribed by the Commissioner and shall include thereon such information as required by such form and the instructions issued with respect thereto. For rules relating to the obtaining of a determination of exempt status by an employees' trust described in section 401(a), see the regulations under section 401.
(b) Additional proof by particular classes of organizations.
(1) Organizations mentioned below shall submit with and as a part of their applications the following information:
(i) Mutual insurance companies shall submit copies of the policies or certificates of membership issued by them.
(ii) In the case of title holding companies described in section 501(c)(2), if the organization for which title is held has not been specifically notified in writing by the Internal Revenue Service that it is held to be exempt under section 501(a), the title holding company shall submit the information indicated herein as necessary for a determination of the status of the organization for which title is held.
(iii) An organization described in section 501(c)(3) shall submit with, and as a part of, an application filed after July 26, 1959, a detailed statement of its proposed activities.
(2) In addition to the information specifically called for by this section, the Commissioner may require any additional information deemed necessary for a proper determination of whether a particular organization is exempt under section 501(a), and when deemed advisable in the interest of an efficient administration of the internal revenue laws, he may in the cases of particular types of organizations prescribe the form in which the proof of exemption shall be furnished.
(3) An organization claiming to be specifically exempted by section 6033(a) from filing annual returns shall submit with and as a part of its application a statement of all the facts on which it bases its claim.
(c) Private shareholder or individual defined. The words private shareholder or individual in section 501 refer to persons having a personal and private interest in the activities of the organization.
(d) Requirement of annual returns. For the annual return requirements of organizations exempt under section 501(a), see section 6033 and § 1.6033-1.
(e) Certain Puerto Rican pension, etc., trusts. Effective for taxable years beginning after December 31, 1973, section 1022(i)(1) of the Employee Retirement Income Security Act of 1974 (ERISA) (88 Stat. 942) provides that trusts under certain Puerto Rican pension, etc., plans (as defined under P.R. Laws Ann. tit. 13, section 3165, and the articles thereunder), all of the participants of which are residents of the Commonwealth of Puerto Rico, are to be treated only for purposes of section 501(a) as trusts described in section 401(a). The practical effect of section 1022(i)(1) is to exempt these trusts from U.S. income tax on income from their U.S. investments. For purposes of section 1022(i)(1), the term residents of the Commonwealth of Puerto Rico means bona fide residents of Puerto Rico, and persons who perform labor or services primarily within the Commonwealth of Puerto Rico, regardless of residence for other purposes, and the term participants is restricted to current employees who are not excluded under the eligibility provisions of the plan.
Source credit, amendments & notes

[T.D. 6500, 25 FR 11737, Nov. 26, 1960, as amended by T.D. 7428, 41 FR 34619, Aug. 16, 1976; T.D. 7859, 47 FR 54298, Dec. 2, 1982]

Treas. Reg. § 1.501(a)-1 — Exemption from taxation. · CFR 2014 annual edition (revised as of 2014-04-01) · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr26-1.501%28a%29-1&asof=1967-04-26 · printed Oct 16, 2026
On this page
  • (a) In general; proof of exemption.
  • (b) Additional proof by particular classes of organizations.
  • (c) Private shareholder or individual defined.
  • (d) Requirement of annual returns.
  • (e) Certain Puerto Rican pension, etc., trusts.
Implements
I.R.C. § 501 Exemption from tax on corporations, certain trusts, etc.
Cited by (code & regs)
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Also cited in 1 other documents
IRS / Treasury
Revenue Rulings
  • Rev. Rul. 2008-40Modified Jul 28, 2008 — Transfer of amounts; nonqualified foreign trust; transition relief. This ruling provides that the transfer of amounts from a trust under a plan qualified under… (e)
    Modified by Notice 2012-6

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Also cite this provision (1)
  • PLR 200521012 May 27, 2005 — Special Rules for Pensions, Annuities, and Certain Other Deferred Income UIL 3405.00-00 (e)

Each row is a version of the text as published by the official source. Code dates are the edition/release point that first reflected the change; regulation dates are eCFR effective dates. The library checks the official sources automatically, so new versions appear here on their own; “run” opens the sync that recorded a version.

EffectiveThroughSourceAmended by
Apr 1, 1997Mar 31, 2015CFR 2014 annual edition (revised as of 2014-04-01) run 127T.D. 7859, 47 FR 54298, Dec. 2, 1982View
Apr 1, 2015Jun 29, 2017eCFR amendment effective 2016-07-12 run 26T.D. 9674, 79 FR 37631, July 2, 2014View · Redline (sign in)
Jun 30, 2017currenteCFR amendment effective 2017-06-30 run 2T.D. 9819, 82 FR 29732, June 30, 2017View · Redline (sign in)
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