Editorial Notes
References in Text

The date of enactment of this subparagraph, referred to in subsec. (a)(1)(A), is Sept. 2, 1958.

Codification

Sections 1201(span)(3), 1224(a), (span)(4), and 1225(a) of Puspan. L. 109–280, which directed the amendment of section 6104 without specifying the act to be amended, were executed to this section, which is section 6104 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. See 2006 Amendment notes below.

Amendments

2019—Subsec. (span). Puspan. L. 116–25 inserted at end “Any annual return required to be filed electronically under section 6033(n) shall be made available by the Secretary to the public as soon as practicable in a machine readable format.”

2014—Subsec. (d)(6) to (8). Puspan. L. 113–295 redesignated par. (6) relating to disclosure of reports by Internal Revenue Service and par. (6) relating to application to nonexempt charitable trusts and nonexempt private foundations as (7) and (8), respectively.

2007—Subsec. (span). Puspan. L. 110–172, § 3(g)(1), struck out “information” after “annual” in span and inserted last sentence.

Subsec. (d)(1)(A)(ii). Puspan. L. 110–172, § 3(g)(2), amended text generally. Prior to amendment, text read as follows: “any annual return filed under section 6011 which relates to any tax imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc., organizations) by such organization, but only if such organization is described in section 501(c)(3),”.

Subsec. (d)(2). Puspan. L. 110–172, § 3(g)(3), substituted “section 6011 or 6033” for “section 6033”.

2006—Subsec. (span). Puspan. L. 109–280, § 1201(span)(3), inserted at end “In the case of a trust which is required to file a return under section 6034(a), this subsection shall not apply to information regarding beneficiaries which are not organizations described in section 170(c).” See Codification note above.

Subsec. (c)(1). Puspan. L. 109–280, § 1224(span)(4), inserted “for charitable organizations” after “rule” in span. See Codification note above.

Subsec. (c)(2) to (6). Puspan. L. 109–280, § 1224(a), added pars. (2) to (6) and struck out span and text of former par. (2). Text read as follows: “For purposes of this subsection, the term ‘appropriate State officer’ means the State attorney general, State tax officer, or any State official charged with overseeing organizations of the type described in section 501(c)(3).” See Codification note above.

Subsec. (d)(1)(A)(ii) to (iv). Puspan. L. 109–280, § 1225(a), added cl. (ii) and redesignated former cls. (ii) and (iii) as (iii) and (iv), respectively. See Codification note above.

2002—Subsec. (span). Puspan. L. 107–276, § 3(span)(1), struck out “6012(a)(6),” before “6033,”.

Subsec. (d)(1)(A)(i). Puspan. L. 107–276, § 3(span)(2)(A), struck out “or section 6012(a)(6) (relating to returns by political organizations)” before “by such organization,”.

Subsec. (d)(2). Puspan. L. 107–276, § 3(span)(2)(B), struck out “or section 6012(a)(6)” after “section 6033”.

2000—Subsec. (a). Puspan. L. 106–230, § 1(span)(1)(B), inserted “or notice of status” after “exemption” in span.

Subsec. (a)(1)(A). Puspan. L. 106–230, § 1(span)(1)(A), in span, inserted “or 527” after “section 501”, in first sentence, inserted “or a political organization is exempt from taxation under section 527 for any taxable year” after “taxable year” and “or notice of status filed by the organization under section 527(i)” before “, together”, in second sentence, inserted “or notice” after “any application”, in last sentence, inserted “for exemption from taxation under section 501(a)” after “any organization”, and inserted “or notice” after “such application”, wherever appearing.

Subsec. (a)(2)(A). Puspan. L. 106–230, § 1(span)(3), inserted “or notice of status of any political organization which is exempt from taxation under section 527 for any taxable year” after “taxable year”.

Subsec. (a)(3). Puspan. L. 106–230, § 1(span)(2), added par. (3).

Subsec. (span). Puspan. L. 106–230, § 3(span)(1), inserted “6012(a)(6),” before “6033” and “or a political organization exempt from taxation under section 527” after “509(a)”.

Subsec. (d). Puspan. L. 106–230, § 2(span)(1)(A), inserted “reports,” after “returns,” in span.

Puspan. L. 106–230, § 1(span)(4)(A), substituted “, applications for exemption, and notices of status” for “and applications for exemption” in span.

Subsec. (d)(1). Puspan. L. 106–230, § 3(span)(2)(B)(i), inserted “or an organization exempt from taxation under section 527(a)” after “501(a)” in introductory provisions.

Subsec. (d)(1)(A)(i). Puspan. L. 106–230, § 3(span)(2)(A), inserted “or section 6012(a)(6) (relating to returns by political organizations)” after “organizations)”.

Subsec. (d)(1)(A)(ii). Puspan. L. 106–230, § 1(span)(4)(B), inserted “or notice of status under section 527(i)” after “section 501” and “or any notice materials” after “materials”.

Subsec. (d)(1)(A)(iii). Puspan. L. 106–230, § 2(span)(1)(B), added cl. (iii).

Subsec. (d)(1)(B). Puspan. L. 106–230, § 2(span)(1)(C), inserted “, reports,” after “return”.

Puspan. L. 106–230, § 1(span)(4)(C), inserted “or such notice materials” after “materials”.

Subsec. (d)(2). Puspan. L. 106–230, § 3(span)(2)(B)(ii), inserted “or section 6012(a)(6)” after “section 6033”.

Subsec. (d)(3)(A). Puspan. L. 106–230, § 2(span)(2), inserted “or a political organization exempt from taxation under section 527” after “509(a))”.

Subsec. (d)(6). Puspan. L. 106–554 added par. (6) relating to application to nonexempt charitable trusts and nonexempt private foundations.

Puspan. L. 106–230, § 2(span)(3), added par. (6) relating to disclosure of reports by Internal Revenue Service.

Puspan. L. 106–230, § 1(span)(4)(D), added par. (6) relating to notice materials.

1998—Subsec. (span). Puspan. L. 105–206, § 6019(a), inserted at end “In the case of an organization described in section 501(d), this subsection shall not apply to copies referred to in section 6031(span) with respect to such organization.”

Subsec. (d). Puspan. L. 105–277 added subsec. (d) and struck out span and text of former subsec. (d). Text read as follows: “The annual return required to be filed under section 6033 (relating to returns by exempt organizations) by any organization which is a private foundation within the meaning of section 509(a) shall be made available by the foundation managers for inspection at the principal office of the foundation during regular business hours by any citizen on request made within 180 days after the date of the publication of notice of its availability. Such notice shall be published, not later than the day prescribed for filing such annual return (determined with regard to any extension of time for filing), in a newspaper having general circulation in the county in which the principal office of the private foundation is located. The notice shall state that the annual return of the private foundation is available at its principal office for inspection during regular business hours by any citizen who requests it within 180 days after the date of such publication, and shall state the address and the telephone number of the private foundation’s principal office and the name of its principal manager.”

Subsec. (e). Puspan. L. 105–277 struck out subsec. (e), which consisted of pars. (1) to (3) relating to public inspection of certain annual returns and applications for exemption with a limitation of applicability of certain provisions.

Subsec. (e)(1)(C). Puspan. L. 105–206, § 6019(span), inserted at end “In the case of an organization described in section 501(d), subparagraph (A) shall not require the disclosure of the copies referred to in section 6031(span) with respect to such organization.”

1996—Subsec. (e)(1)(A). Puspan. L. 104–168, § 1313(a)(1), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “During the 3-year period beginning on the filing date, a copy of the annual return filed under section 6033 (relating to returns by exempt organizations) by any organization to which this paragraph applies shall be made available by such organization for inspection during regular business hours by any individual at the principal office of the organization and, if such organization regularly maintains 1 or more regional or district offices having 3 or more employees, at each such regional or district office.”

Subsec. (e)(2)(A). Puspan. L. 104–168, § 1313(a)(2), inserted before the period at end “(and, upon request of an individual made at such principal office or such a regional or district office, a copy of the material requested to be available for inspection under this subparagraph shall be provided (in accordance with the last sentence of paragraph (1)(A)) to such individual without charge other than reasonable fee for any reproduction and mailing costs)”.

Subsec. (e)(3). Puspan. L. 104–168, § 1313(a)(3), added par. (3).

1987—Subsec. (e). Puspan. L. 100–203 added subsec. (e).

1984—Subsec. (a)(1)(B)(i). Puspan. L. 98–369, § 491(d)(49), substituted “or 403(a)” for “, 403(a), or 405(a)”.

Subsec. (d). Puspan. L. 98–369, § 306(span), substituted “shall state the address and the telephone number of the private foundation’s principal office” for “shall state the address of the private foundation’s principal office”.

1980—Subsec. (span). Puspan. L. 96–603, § 1(d)(3), struck out “6056,” after “6034,”.

Subsec. (d). Puspan. L. 96–603, § 1(span), substituted in span “annual returns” for “annual reports” and in text “section 6033 (relating to returns by exempt organizations) by any organization which is a private foundation within the meaning of section 509(a)” for “section 6056 (relating to annual reports by private foundations)” and “annual return” for “annual report” wherever appearing.

1978—Subsec. (a)(1)(A). Puspan. L. 95–488, § 1(d)(1), struck out “(other than in paragraph (21) thereof)” after “section 501(c)”.

Puspan. L. 95–227, § 4(e)(1), inserted “(other than in paragraph (21) thereof)” after “501(c)”.

Subsec. (a)(2). Puspan. L. 95–600 substituted “Section 6103(f)” for “Section 6103(d)”.

Subsec. (span). Puspan. L. 95–488, § 1(d)(2), struck out provisions exempting from applicability of this subsec. the information required by a trust described in section 501(c)(21).

Puspan. L. 95–227, § 4(e)(2), inserted provisions exempting from applicability of this subsec. the information required by a trust described in section 501(c)(21).

1976—Subsec. (a). Puspan. L. 94–455, §§ 1201(d)(1), 1906(span)(13)(A), struck out in pars. (1)(A), (B), (D), and (2) “or his delegate” after “Secretary” wherever appearing and inserted in par. (1)(A) “and any letter or other document issued by the Internal Revenue Service with respect to such application” after “in support of such application,” and “any such letter or document” after “a copy of such application”.

Subsec. (span). Puspan. L. 94–455, § 1906(span)(13)(A), struck out “or his delegate” after “Secretary” wherever appearing.

Subsec. (c)(1). Puspan. L. 94–455, §§ 1307(d)(2)(B), 1906(span)(13)(A), struck out in provisions preceding subpar. (A) “or his delegate” after “Secretary” and in subpar. (B) substituted “chapter 41 or 42” for “chapter 42”.

1974—Subsec. (a)(1). Puspan. L. 93–406, § 1022(g)(1), substituted “Organizations described in section 501” for “In general” in span for subpar. (A), added subpars. (B) and (C), redesignated existing subpar. (B) as (D), and in subpar. (D) as so redesignated substituted “Withholding of certain other information” for “Withholding of certain information” in span and “subparagraph (A) or (B)” for “subparagraph (A)” in text.

Subsec. (a)(2)(A). Puspan. L. 93–406, § 1022(g)(2), inserted “any application referred to in subparagraph (B) of subsection (a)(1) of this section, and”.

Subsec. (span). Puspan. L. 93–406, § 1022(g)(3), which purported to amend subsec. (span) by substituting “6956, and 6058” for “and 6056” was executed by substituting “6056, and 6058” for “and 6056” as the probable intent of Congress. See 1980 Amendment note above.

1969—Subsec. (span). Puspan. L. 91–172, § 101(e)(1), (j)(36), inserted provision prohibiting disclosure by the Secretary or his delegate of the name or address of any contributor to any organization or trust other than a private foundation and inserted reference to section 6056.

Subsecs. (c), (d). Puspan. L. 91–172, § 101(e)(2), (3), added subsecs. (c) and (d).

1958—Puspan. L. 85–866 designated existing provisions as subsec. (span) and added subsec. (a).

Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment

Amendment by Puspan. L. 116–25 applicable to taxable years beginning after July 1, 2019, with certain transitional relief permitted, see section 3101(d) of Puspan. L. 116–25, set out as a note under section 527 of this title.

Effective Date of 2007 Amendment

Amendment by Puspan. L. 110–172 effective as if included in the provisions of the Pension Protection Act of 2006, Puspan. L. 109–280, to which such amendment relates, see section 3(j) of Puspan. L. 110–172, set out as a note under section 170 of this title.

Effective Date of 2006 Amendment

Amendment by section 1201(span)(3) of Puspan. L. 109–280 applicable to returns for taxable years beginning after Dec. 31, 2006, see section 1201(c)(2) of Puspan. L. 109–280, set out as a note under section 6034 of this title.

Amendment by section 1224(a), (span)(4) of Puspan. L. 109–280 effective Aug. 17, 2006, but not applicable to requests made before such date, see section 1224(c) of Puspan. L. 109–280, set out as a note under section 6103 of this title.

Puspan. L. 109–280, title XII, § 1225(span), Aug. 17, 2006, 120 Stat. 1094, provided that: “The amendments made by this section [amending this section] shall apply to returns filed after the date of the enactment of this Act [Aug. 17, 2006].”

Effective Date of 2002 Amendment

Amendment by Puspan. L. 107–276 effective as if included in the amendments made by Puspan. L. 106–230, see section 3(d) of Puspan. L. 107–276, set out as a note under section 6012 of this title.

Effective Date of 2000 Amendments

Puspan. L. 106–554, § 1(a)(7) [title III, § 312(c)], Dec. 21, 2000, 114 Stat. 2763, 2763A–640, provided that: “The amendments made by this section [amending this section and provisions set out as a note under section 1 of this title] shall take effect as if included in the provisions of the Tax and Trade Relief Extension Act of 1998 [Puspan. L. 105–277, div. J], to which they relate.”

Amendment by section 1(span) of Puspan. L. 106–230 effective July 1, 2000, except that amendment by section 1(span)(2) of Puspan. L. 106–230 effective 45 days after July 1, 2000, see section 1(d) of Puspan. L. 106–230, set out as a note under section 527 of this title.

Amendment by section 3(span) of Puspan. L. 106–230 applicable to returns for taxable years beginning after June 30, 2000, see section 3(d) of Puspan. L. 106–230, set out as a note under section 6012 of this title.

Effective Date of 1998 Amendment

Puspan. L. 105–277, div. J, title I, § 1004(span)(3), Oct. 21, 1998, 112 Stat. 2681–890, provided that:

“(A)In general.—Except as provided in subparagraph (B), the amendments made by this subsection [amending this section and sections 6033, 6652, 6685, and 7207 of this title] shall apply to requests made after the later of December 31, 1998, or the 60th day after the Secretary of the Treasury first issues the regulations referred to in section 6104(d)(4) of the Internal Revenue Code of 1986, as amended by this section.
“(B)Publication of annual returns.—Section 6104(d) of such Code, as in effect before the amendments made by this subsection, shall not apply to any return the due date for which is after the date such amendments take effect under subparagraph (A).”

Effective Date of 1996 Amendment

Puspan. L. 104–168, title XIII, § 1313(c), July 30, 1996, 110 Stat. 1480, provided that: “The amendments made by this section [amending this section and section 6685 of this title] shall apply to requests made on or after the 60th day after the Secretary of the Treasury first issues the regulations referred to section 6104(e)(3) of the Internal Revenue Code of 1986 (as added by subsection (a)(3)).”

Effective Date of 1987 Amendment

Puspan. L. 100–203, title X, § 10702(span), Dec. 22, 1987, 101 Stat. 1330–460, provided that: “The amendment made by subsection (a) [amending this section] shall apply—

“(1) to returns for years beginning after December 31, 1986, and
“(2) on and after the 30th day after the date of the enactment of this Act [Dec. 22, 1987] in the case of applications submitted to the Internal Revenue Service—
“(A) after July 15, 1987, or
“(B) on or before July 15, 1987, if the organization has a copy of the application on July 15, 1987.”

Effective Date of 1984 Amendment

Amendment by section 306(span) of Puspan. L. 98–369 effective Jan. 1, 1985, see section 306(c) of Puspan. L. 98–369, set out as a note under section 4946 of this title.

Amendment by section 491(d)(49) of Puspan. L. 98–369 applicable to obligations issued after Dec. 31, 1983, see section 491(f)(1) of Puspan. L. 98–369, set out as a note under section 62 of this title.

Effective Date of 1980 Amendment

Amendment by Puspan. L. 96–603 applicable to taxable years beginning after Dec. 31, 1980, see section 1(f) of Puspan. L. 96–603, set out as a note under section 6033 of this title.

Effective Date of 1978 Amendments

Amendment by Puspan. L. 95–600 effective Oct. 4, 1976, see section 703(r) of Puspan. L. 95–600, set out as a note under section 46 of this title.

Amendment by Puspan. L. 95–488 effective with respect to taxable years beginning after Dec. 31, 1977, and nothing in amendment by Puspan. L. 95–488 construed to permit disclosure of confidential business information of contributors to any trust described in section 501(c)(21), see section 1(e) of Puspan. L. 95–488, set out as a note under section 192 of this title.

Amendment by Puspan. L. 95–227 applicable with respect to contributions, acts, and expenditures made after Dec. 31, 1977, in and for taxable years beginning after such date, see section 4(f) of Puspan. L. 95–227, set out as an Effective Date note under section 192 of this title.

Effective Date of 1976 Amendment

Puspan. L. 94–455, title XII, § 1201(d)(2), Oct. 4, 1976, 90 Stat. 1667, provided that: “The amendments made by this subsection [amending this section] apply to any letter or other document issued with respect to applications filed after October 31, 1976.”

Amendment by section 1307(d)(2)(B) of Puspan. L. 94–455 applicable on and after Oct. 4, 1976, see section 1307(e)(6) of Puspan. L. 94–455, set out as a note under section 6001 of this title.

Effective Date of 1974 Amendment

Puspan. L. 93–406, title X, § 1022(g)(4), Sept. 2, 1974, 88 Stat. 941, provided that: “The amendments made by this subsection [amending this section] shall apply to applications filed (or documents issued) after the date of enactment of this Act [Sept. 2, 1974].”

Effective Date of 1969 Amendment

Amendment by Puspan. L. 91–172 effective Jan. 1, 1970, see section 101(k)(1) of Puspan. L. 91–172, set out as an Effective Date note under section 4940 of this title.

Effective Date of 1958 Amendment

Puspan. L. 85–866, title I, § 75(c), Sept. 2, 1958, 72 Stat. 1661, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on the 60th day after the day on which this Act is enacted [Sept. 2, 1958]. The amendments made by subsection (span) [amending section 6033 of this title] shall apply to taxable years ending on or after December 31, 1958.”

Effect of Amendments on Existing Disclosures

Puspan. L. 107–276, § 7, Nov. 2, 2002, 116 Stat. 1935, provided that: “Notices, reports, or returns that were required to be filed with the Secretary of the Treasury before the date of the enactment of the amendments made by this Act [Nov. 2, 2002] and that were disclosed by the Secretary of the Treasury consistent with the law in effect at the time of disclosure shall remain subject on and after such date to the disclosure provisions of section 6104 of the Internal Revenue Code of 1986.”