26 U.S.C. § 7526 — Low-income taxpayer clinics
submitted 28 years ago by Pub. L. 105-206 to r/title-26-INTERNAL-REVENUE-CODE · 622 words · no verdicts yet
This section authorizes grants that match funding for qualified low-income taxpayer clinics. It defines eligible clinics and representatives, caps grants, lists award factors, requires dollar-for-dollar matching funds, and permits Treasury personnel to provide clinic information.
(a) General rule. If appropriated funds are available, the Secretary* may make grants providing matching funds to develop, expand, or continue qualified low-income taxpayer* clinics.
(b) Definitions. (1)(A) A “qualified low-income taxpayer clinic” is a clinic that charges no more than a nominal fee, except reimbursement of actual costs, and either represents low-income taxpayers in disputes with the Internal Revenue Service or runs programs informing people for whom English is a second language about their rights and responsibilities under this title. (B) A clinic qualifies through representation if at least 90 percent of the taxpayers it represents have incomes no higher than 250 percent of the poverty level under criteria set by the Office of Management and Budget Director, and the amount disputed for any tax year generally does not exceed the amount in section 7463. (2) “Clinic” includes a clinical program at an accredited law, business, or accounting school where students represent low-income taxpayers in disputes under this title, and a section 501(c) organization exempt under section 501(a) that meets paragraph (1) by representing taxpayers or referring them to qualified representatives. (3) “Qualified representative” means any individual, whether or not an attorney, authorized to practice before the Internal Revenue Service or the applicable court.
(c) Special rules and limits. (1) Unless a specific appropriation says otherwise, the Secretary may not allocate more than $6,000,000 per year, excluding program-administration costs, to grants under this section. (2) A clinic may receive no more than $100,000 in grants for a year. (3) On a qualified clinic’s application, the Secretary may award a grant lasting several years, but no more than 3 years. (4) In deciding whether to award a grant, the Secretary must consider: (A) how many taxpayers the clinic will serve, including people in its area for whom English is a second language; (B) other clinics serving the same people; (C) the program’s quality, including administrator and representative qualifications and the clinic’s service record; and (D) other funding sources, including grants and contributions, and the sponsoring institution’s endowment and resources. (5) A clinic must provide dollar-for-dollar matching funds for every grant. Matching funds may include salaries, including fringe benefits, of people serving the clinic and equipment costs. Indirect expenses, including the sponsoring institution’s general overhead, do not count. (6) Despite other law, Treasury officers and employees may tell taxpayers that specific funded qualified clinics exist and explain eligibility for their help, and may give the clinics’ locations and contact information.
The Secretary* may, subject to the availability of appropriated funds, make grants to provide matching funds for the development, expansion, or continuation of qualified low-income taxpayer* clinics.
For purposes of this section—
The term “qualified low-income taxpayer clinic” means a clinic that—
does not charge more than a nominal fee for its services (except for reimbursement of actual costs incurred); and
represents low-income taxpayers in controversies with the Internal Revenue Service; or
operates programs to inform individuals for whom English is a second language about their rights and responsibilities under this title.
A clinic meets the requirements of subparagraph (A)(ii)(I) if—
at least 90 percent of the taxpayers represented by the clinic have incomes which do not exceed 250 percent of the poverty level, as determined in accordance with criteria established by the Director of the Office of Management and Budget; and
the amount in controversy for any taxable year* generally does not exceed the amount specified in section 7463.
The term “clinic” includes—
a clinical program at an accredited law, business, or accounting school in which students represent low-income taxpayers in controversies arising under this title; and
an organization described in section 501(c) and exempt from tax under section 501(a) which satisfies the requirements of paragraph (1) through representation of taxpayers or referral of taxpayers to qualified representatives.
The term “qualified representative” means any individual (whether or not an attorney) who is authorized to practice before the Internal Revenue Service or the applicable court.
Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $6,000,000 per year (exclusive of costs of administering the program) to grants under this section.
The aggregate amount of grants which may be made under this section to a clinic for a year shall not exceed $100,000.
Upon application of a qualified low-income taxpayer clinic, the Secretary is authorized to award a multi-year grant not to exceed 3 years.
In determining whether to make a grant under this section, the Secretary shall consider—
the numbers of taxpayers who will be served by the clinic, including the number of taxpayers in the geographical area for whom English is a second language;
the existence of other low-income taxpayer clinics serving the same population;
the quality of the program offered by the low-income taxpayer clinic, including the qualifications of its administrators and qualified representatives, and its record, if any, in providing service to low-income taxpayers; and
alternative funding sources available to the clinic, including amounts received from other grants and contributions, and the endowment and resources of the institution sponsoring the clinic.
A low-income taxpayer clinic must provide matching funds on a dollar-for-dollar basis for all grants provided under this section. Matching funds may include—
the salary (including fringe benefits) of individuals performing services for the clinic; and
the cost of equipment used in the clinic.
Indirect expenses, including general overhead of the institution sponsoring the clinic, shall not be counted as matching funds.
Notwithstanding any other provision of law, officers and employees of the Department of the Treasury may—
advise taxpayers of the availability of, and eligibility requirements for receiving, advice and assistance from one or more specific qualified low-income taxpayer clinics receiving funding under this section, and
provide information regarding the location of, and contact information for, such clinics.
Source credit: (Added Pub. L. 105–206, title III, § 3601(a), July 22, 1998, 112 Stat. 774; amended Pub. L. 116–25, title I, § 1402(a), July 1, 2019, 133 Stat. 997.)
- 1998Enacted · Pub. L. 105-206 · 112 Stat. 774
- 2019Amended · Pub. L. 116-25 · 133 Stat. 997
A history note hasn’t been published yet. The record shows enactment by Pub. L. 105-206 on 1998-07-22.
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