CHAPTER 4. Exempt Corporations [23701. - 23778.]

Chapter 4 added by Stats. 1949, Ch. 557.

§§ 23701–23778 · 63 sections

1. ARTICLE 1. Exemptions From This Part §§ 23701–23712 · 44 sections

   • § 23701 (a) Organizations which are organized and operated for nonprofit purposes within the provisions of a specific section of this article, or are defined in…
   • § 23701a (a) Labor, agricultural, or horticultural organizations other than cooperative organizations described in Section 24404 or 24405 (unless the cooperative…
   • § 23701b A fraternal order described in Section 501(c)(8) of the Internal Revenue Code.
   • § 23701c A cemetery company described in Section 501(c)(13) of the Internal Revenue Code.
   • § 23701d (a) A corporation, community chest or trust, organized and operated exclusively for religious, charitable, scientific, testing for public safety, literary, or…
   • § 23701e A business league, chamber of commerce, real estate board, or a board of trade described in Section 501(c)(6) of the Internal Revenue Code, except that the…
   • § 23701f (a) A civic league, social welfare organization, or local organization of employees described in Section 501(c)(4) of the Internal Revenue Code, except as…
   • § 23701g A social organization described in Section 501(c)(7) of the Internal Revenue Code.
   • § 23701h (a) A corporation described in Section 501(c)(2) of the Internal Revenue Code, relating to certain title-holding companies. (b) (1) Notwithstanding…
   • § 23701i A voluntary employees’ beneficiary association described in Section 501(c)(9) of the Internal Revenue Code.
   • § 23701j A teacher’s retirement fund association described in Section 501(c)(11) of the Internal Revenue Code.
   • § 23701k Religious or apostolic corporations, if such corporations have a common treasury or community treasury even if such corporations engaged in business for the…
   • § 23701l (a) A domestic fraternal society described in Section 501(c)(10) of the Internal Revenue Code, except as otherwise provided. (b) For purposes of this section,…
   • § 23701n (a) A supplemental unemployment compensation trust described in Section 501(c)(17) of the Internal Revenue Code, except as otherwise provided. (b) The…
   • § 23701p A trust or plan which meets the requirements of Public Law 87-792, 76 U.S. Stats. 809, approved October 10, 1962 (the Self-Employed Individuals Tax Retirement…
   • § 23701r (a) A political organization.However, a political organization shall be subject to tax under this part with respect to its “political organization taxable…
   • § 23701s (a) An employee-funded pension trust described in Section 501(c)(18) of the Internal Revenue Code, except as otherwise provided. (b) The last sentence in…
   • § 23701t (a) A homeowners’ association organized and operated to provide for the acquisition, construction, management, maintenance, and care of residential association…
   • § 23701u An organization is operated exclusively for exempt purposes listed in Section 23701f and its net earnings are devoted exclusively to charitable purposes if…
   • § 23701v (a) An organization of owners of manufactured homes or mobilehomes, who are tenants in a mobilehome park, formed for the purpose of purchasing the mobilehome…
   • § 23701w A veteran’s organization, as defined by Section 501(c)(19) of the Internal Revenue Code.
   • § 23701x (a) A corporation or trust described in Section 501(c)(25) of the Internal Revenue Code, relating to certain title-holding companies. (b) (1) Notwithstanding…
   • § 23701y A credit union as defined in Section 14002 of the Financial Code. In addition, those credit unions are exempt from all other taxes and licenses, state, county,…
   • § 23701z An organization established pursuant to Section 5005.1 of the Corporations Code by three or more corporations as an arrangement for the pooling of self-insured…
   • § 23701aa A public bank as defined in Section 57600 of the Government Code. In addition, a public bank is exempt from all other taxes and licenses, state, county, and…
   • § 23702 Section 502 of the Internal Revenue Code, relating to feeder organizations, shall apply, except as otherwise provided. (a) Exemption shall not be allowed to…
   • § 23703 (a) For purposes of this section, “charitable corporation” means a corporation defined in Section 12582.1 of the Government Code that is required to comply…
   • § 23703.5 Section 501(p) of the Internal Revenue Code, relating to suspension of tax-exempt status of terrorist organizations, shall apply, except as otherwise provided:…
   • § 23703.7 Section 501(q) of the Internal Revenue Code, relating to special rules for credit counseling organizations, shall apply, except as otherwise provided. (a) The…
   • § 23704 Section 501(e) of the Internal Revenue Code, relating to cooperative hospital service organizations, shall apply, except as otherwise provided. (a) References…
   • § 23704.3 Section 501(o) of the Internal Revenue Code, relating to treatment of hospitals participating in provider-sponsored organizations, shall apply, except that the…
   • § 23704.4 Section 501(k) of the Internal Revenue Code, relating to the treatment of certain organizations providing care of children, shall apply, except as otherwise…
   • § 23704.5 Section 501(h) of the Internal Revenue Code, relating to expenditures by public charities engaged in activities to influence legislation, shall apply, except…
   • § 23704.6 Section 504 of the Internal Revenue Code, relating to status after organization ceases to qualify for exemption under Section 501(c)(3) because of substantial…
   • § 23705 (a) (1) An organization described in Section 23701i (voluntary employee’s beneficiary associations) or 23701q (qualified group legal service plans) which is…
   • § 23706 Any exemption from the bank and corporation franchise tax under Chapter 2 (commencing with Section 23101) or the corporation income tax under Chapter 3…
   • § 23707 (a) Except as provided in subdivision (b), the status of any organization as a private foundation shall be terminated only if— (1) Such organization notifies…
   • § 23708 (a) For the purposes of this part, unless otherwise indicated in context, the term “an organization exempt from tax” shall mean an organization which has…
   • § 23709 (a) For the purposes of this part the term “private foundation” means a domestic or foreign organization defined in the Internal Revenue Code as a private…
   • § 23710 Any organization exempted from taxes imposed under this part pursuant to the provisions of this article shall not be disqualified for such exemption on the…
   • § 23711 Section 529 of the Internal Revenue Code, relating to qualified state tuition programs, shall apply, except as otherwise provided. (a) Section 529(a) of the…
   • § 23711.4 For taxable years beginning on or after January 1, 2016, Section 529A of the Internal Revenue Code, relating to qualified ABLE programs, added by Section 102…
   • § 23711.5 The Golden State Scholarshare Trust, established pursuant to Article 19 (commencing with Section 69980) of Chapter 2 of Part 42 of the Education Code, is an…
   • § 23712 Section 530 of the Internal Revenue Code, relating to Coverdell education savings accounts, shall apply, except as otherwise provided. (a) Section 530(a) of…
2. ARTICLE 2. Taxation of Business Income of Certain Article 1 Organizations §§ 23731–23741 · 12 sections

   • § 23731 Every organization or trust exempt under this chapter, except as provided in this article, is subject to the tax imposed upon its unrelated business taxable…
   • § 23732 Section 512 of the Internal Revenue Code, relating to unrelated business taxable income, applies, except as otherwise provided. (a) Section 512(a)(2) of the…
   • § 23734 (a) Section 513 of the Internal Revenue Code, relating to unrelated trade or business, shall apply, except as otherwise provided. (b) Section 513(g) of the…
   • § 23735 (a) Section 514 of the Internal Revenue Code, relating to unrelated debt-financed income, shall apply, except as otherwise provided. (b) Section 10214 of…
   • § 23736 Sections 23736.1 to 23736.4, inclusive, shall apply to any organization described in Section 23701d or Section 23701n except— (a) A religious organization…
   • § 23736.1 (a) For the purposes of this article, the term “prohibited transaction” means any transaction in which an organization subject to this article— (1) Lends any…
   • § 23736.2 An organization described in Section 23701d which is subject to the provisions of this article, except those specified in Sections 23736, shall not be exempt…
   • § 23736.3 An organization described in Section 23701n or Section 23701d, except as specified in Section 23736, shall be denied exemption under Section 23736.2 only for…
   • § 23736.4 Any organization denied exemption under Section 23701d or Section 23701n by reason of the provisions of Section 23736.2 with respect to any taxable year…
   • § 23737 In the case of any organization described in Section 23701d to which this article is applicable, exemption under Article 1 (commencing with Section 23701)…
   • § 23740 Section 4911 of the Internal Revenue Code, relating to tax on excess expenditures to influence legislation, shall apply, except as otherwise provided. (a)…
   • § 23741 Notwithstanding any other provision in this part, in the case of a church exempt from taxes imposed under this part pursuant to Article 1 (commencing with…
3. ARTICLE 3. Returns of Exempt Organizations §§ 23771–23778 · 7 sections

   • § 23771 (a) Except as provided in subdivision (b), every organization, otherwise exempt under Article 1 (commencing with Section 23701), but having income of the…
   • § 23772 (a) For the purposes of this part— (1) Except as provided in paragraph (2), every organization exempt from taxation under Section 23701 and every trust treated…
   • § 23774 (a) Except as provided in subdivision (b), every organization exempt from filing an annual information return by reason of subdivision (a) of Section 23772,…
   • § 23775 Except for purposes of amending the articles of incorporation to set forth a new name, under regulations prescribed by the Franchise Tax Board, the corporate…
   • § 23776 (a) Any organization which has suffered the suspension or forfeiture provided for in Section 23775 may, in accordance with Section 23305a, be relieved…
   • § 23777 The exemption granted to any organization under the provisions of Article 1 (commencing with Section 23701) of this chapter may be revoked by the Franchise Tax…
   • § 23778 An organization whose exemption was revoked under Section 23703 or 23777 may be reestablished as an exempt organization upon: (a) The filing or payment of both…