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EXCISE TAX (IRC SECTION 4940) LEGAL COUNSEL FOR PHILANTHROPY AND THE NONPROFIT SECTOR

EXCISE TAX (IRC SECTION 4940)


INFORMATION AND RESOURCES ON NONPROFIT LAW & REGULATION
      NONPROFIT LAW LIBRARY     STATE-BY-STATE REGISTRATION & COMPLIANCE

Excise Tax (IRC Section 4940)

Effective for tax years starting after December 20, 2019, a private foundation is subject to an annual excise tax equivalent to 1.39% of its net investment income

The tax is calculated and paid annually along with the foundation's filing of IRS Form 990-PF. If the excise tax is expected to be greater than $500, then the foundation will need to make estimated quarterly tax payments. Calculations for the estimated tax payments can be made using IRS Form 990-W and paid through the Electronic Federal Tax Payment System (EFTPS), www.eftps.gov.

Note: Some private operating foundations are not subject to this tax. Refer to the IRS definition of an exempt operating foundation for details.