Unrelated Business Taxable Income (UBTI)
Candlefocus EditorUBTI applies to organizations that are exempt from federal income tax under sections 501(c)(3) and 501(c)(4) of the Internal Revenue Code. These organizations must pay taxes on any unrelated business income, at the same rates as taxable corporations.
In general, UBTI is defined as any income that is not substantially related to and supportive of the mission or activities of the organization. For example, a tax-exempt organization operating a gift shop would be liable for UBTI on profits from the shop because this activity is not related to their primary purpose. Any income generated from an advertisement in a publication published by the organization may also be considered UBTI.
The Internal Revenue Service refers to UBTI as a trade or business that is “not regularly carried on” by the exempt organization. This means that even if the organization is generating some income from the activity, if it is not continuously or predictably repeated, the income may be considered UBTI.
In order to accurately calculate UBTI, expenses associated with the unrelated activity must be identified and separated from other expenses. This includes any costs to generate, maintain, or support activities that produce UBTI, as well as any other expenses such as legal fees, salaries, rent and travel.
Nonprofit organizations may use the information collected to determine the amount of UBTI they will owe the IRS each year. If a nonprofit organization fails to pay UBTI in a timely manner, they may be subject to Penalty Taxes.
Organizations should take the time to review their activities and ensure that UBTI is accounted for and paid properly to avoid any negative ramifications. Taking a proactive approach is important since UBTI can potentially be a major source of income for a non-profit organization.