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ARTICLE · 21 MAY 2020

Congress Repeals UBIT On Transportation Benefits

As part of its year-end spending package in December 2019, Congress repealed the controversial tax on not-for-profits established by the Tax Cuts and Jobs Act (TCJA).

United StatesTransport

As part of its year-end spending package in December 2019, Congress repealed the controversial tax on not-for-profits established by the Tax Cuts and Jobs Act (TCJA). The TCJA provision, which took effect January 1, 2018, made an organization's expenses associated with "qualified transportation fringes," such as certain parking arrangements, van pools and transit passes, subject to the unrelated business income tax (UBIT) rate of 21%. Many not-for-profit organizations have struggled with the increased administrative cost and compliance burden.

The repeal is retroactive for taxes paid after December 31, 2017. As of this writing, further details of the repeal had not yet been released, but not-for-profits that paid the tax in 2018 or 2019 will receive refunds.

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