Proposals And Issues Relating to the Tax-Exempt Status of Not-for-Profit Hospitals Including Descriptions for H.R. 1374 And H.R. 790 : Scheduled for a Hearing Before the Committee On Ways And Means On July 10, 1991 Jcx-10-91
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^ See G.C.M. 39843 (April 18, 1991). -8- law is unclear governing the extent to which, in determining the primary ^prrrpose of a tax-exempt organization, the activities and. income of controlled subsidiaries (tax-exempt or taxable) are to be taken into account. Consequently, tax-exempt organizations generally take the position that all activities carried on through controlled subsidiaries (or a chain of subsidiaries) are to be disregarded in determining if the parent organization satisfies the ...primary purpose test. The Internal Revenue Service generally has agreed with this position. Thus, hospitals and other tax-exempt entities can control a virtually unlimited number of subsidiaries (each subsidiary paying tax depending on whether it is a taxable or tax-exempt entity) without affecting the parent's tax-exempt status. Dividends paid by subsidiaries to a tax-exempt parent, however, may be a factor in determining whether the parent organization satisfies the primary purpose test under section 501(c)(3), which requires an organization to conduct exempt purpose activities commensurate in scope with its financial resources.
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