Irc Section 509 A 1

Section 509 a defines the term private foundation to mean any domestic or foreign organization described in section 501 c 3 other than an organization described in section 509 a 1 2 3 or 4. The two public support tests referenced by irc sections 509 a 1 and 170 b 1 a vi are commonly referred to as the one third support test and the facts and circumstances test. 1 509 a 1 definition of private foundation.

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By an organization described in paragraph 1 or 2 of section 509 a of such code shall be treated as related to the purpose or function constituting the basis for such organization s exemption under section 501 of such code if such payments are made in good faith using a reasonable and objective formula which is consistently applied.

Irc section 509 a 1. A person other than an organization described in paragraph 1 2 or 4 of section 509 a who directly or indirectly controls either alone or together with persons described in clauses ii and iii the governing body of such supported organization. Both tests include a mathematical computation of an organization s public support ratio i e public support total support measured over a five year period ending on the last day of the fiscal year for which the organization is filing its form 990. 26 cfr 1 509 a 1 definition of private foundation.

509 a 1 simply refers to organizations described in section 170 b 1 a i vi. 509 a 1 test the criteria for being a 509 a 1 public charity are not included in code section 509 a 1. I a person other than an organization described in paragraph 1 2 or 4 of section 509 a who directly or indirectly controls either alone or together with persons described in clauses ii and iii the governing body of such supported organization.

Code section 170 b 1 a i v includes subsections for churches schools hospitals and governmental units.