Brief Case

Treas. Reg. § 1.501(c)(5)-1

Labor, agricultural, and horticultural organizations.
eCFR editorial change effective 2016-07-12 · current · last amended by T.D. 8726, 62 FR 40449, July 29, 1997
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(a) The organizations contemplated by section 501(c)(5) as entitled to exemption from income taxation are those which:
(1) Have no net earnings inuring to the benefit of any member, and
(2) Have as their objects the betterment of the conditions of those engaged in such pursuits, the improvement of the grade of their products, and the development of a higher degree of efficiency in their respective occupations.
(b)
(1) General rule. An organization is not an organization described in section 501(c)(5) if the principal activity of the organization is to receive, hold, invest, disburse or otherwise manage funds associated with savings or investment plans or programs, including pension or other retirement savings plans or programs.
(2) Exception. Paragraph (b)(1) of this section shall not apply to an organization which—
(i) Is established and maintained by another labor organization described in section 501(c)(5) (determined without regard to this paragraph (b)(2));
(ii) Is not directly or indirectly established or maintained in whole or in part by one or more—
(A) Employers;
(B) Governments or agencies or instrumentalities thereof; or
(C) Government controlled entities;
(iii) Is funded by membership dues from members of the labor organization described in this paragraph (b)(2) and earnings thereon; and
(iv) Has not at any time after September 2, 1974 (the date of enactment of the Employee Retirement Income Security Act of 1974, Pub. L. 93-406, 88 Stat. 829) provided for, permitted or accepted employer contributions.
(3) Example. The principles of this paragraph (b) are illustrated by the following example:
Example.

Trust A is organized in accordance with a collective bargaining agreement between labor union K and multiple employers. Trust A forms part of a plan that is established and maintained pursuant to the agreement and which covers employees of the signatory employers who are members of K. Representatives of both the employers and K serve as trustees. A receives contributions from the employers who are subject to the agreement. Retirement benefits paid to K's members as specified in the agreement are funded exclusively by the employers' contributions and accumulated earnings. A also provides information to union members about their retirement benefits and assists them with administrative tasks associated with the benefits. Most of A's activities are devoted to these functions. From time to time, A also participates in the renegotiation of the collective bargaining agreement. A's principal activity is to receive, hold, invest, disburse, or otherwise manage funds associated with a retirement savings plan. In addition, A does not satisfy all the requirements of the exception described in paragraph (b)(2) of this section. (For example, A accepts contributions from employers.) Therefore, A is not a labor organization described in section 501(c)(5).

(c) Organizations described in section 501(c)(5) and otherwise exempt from tax under section 501(a) are taxable upon their unrelated business taxable income. See part II (section 511 and following), subchapter F, chapter 1 of the Code, and the regulations thereunder.
Source credit, amendments & notes

[T.D. 6500, 25 FR 11737, Nov. 26, 1960; 25 FR 14021, Dec. 31, 1960, as amended by T.D. 8726, 62 FR 40449, July 29, 1997]

Treas. Reg. § 1.501(c)(5)-1 — Labor, agricultural, and horticultural organizations. · eCFR editorial change effective 2016-07-12 · https://pensionresource.website/EAMain?content=EAMain.Law&id=cfr26-1.501%28c%29%285%29-1&asof=2016-03-28 · printed Oct 16, 2026
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  • (a) (a) The organizations contemplated by section 501(c)(5) as …
  • (b) (b)
  • (c) (c) Organizations described in section 501(c)(5) and otherw…
Implements
I.R.C. § 501 Exemption from tax on corporations, certain trusts, etc.

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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, 1998CFR 1997 annual edition (revised as of 1997-04-01) run 127View
Apr 1, 1998Mar 31, 2000CFR 1998 annual edition (revised as of 1998-04-01) run 127T.D. 8726, 62 FR 40449, July 29, 1997View · Redline (sign in)
Apr 1, 2000Mar 31, 2006CFR 2005 annual edition (revised as of 2005-04-01) run 127T.D. 8726, 62 FR 40449, July 29, 1997View · Redline (sign in)
Apr 1, 2006currenteCFR editorial change effective 2016-07-12 run 2T.D. 8726, 62 FR 40449, July 29, 1997View · Redline (sign in)
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