26 USC 7526 - Low-income taxpayer clinics

U.S Code last checked for updates: Nov 22, 2024

§ 7526.

Low-income taxpayer clinics

(a)

In general

(b)

Definitions

For purposes of this section—

(1)

Qualified low-income taxpayer clinic

(A)

In general

The term “qualified low-income taxpayer clinic” means a clinic that—

(i)

does not charge more than a nominal fee for its services (except for reimbursement of actual costs incurred); and

(ii)

(I)

represents low-income taxpayers in controversies with the Internal Revenue Service; or

(II)

operates programs to inform individuals for whom English is a second language about their rights and responsibilities under this title.

(B)

Representation of low-income taxpayers

A clinic meets the requirements of subparagraph (A)(ii)(I) if—

(i)

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

(ii)

the amount in controversy for any taxable year generally does not exceed the amount specified in section 7463.

(2)

Clinic

The term “clinic” includes—

(A)

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

(B)

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.

(3)

Qualified representative

(c)

Special rules and limitations

(1)

Aggregate limitation

(2)

Limitation on annual grants to a clinic

(3)

Multi-year grants

(4)

Criteria for awards

In determining whether to make a grant under this section, the Secretary shall consider—

(A)

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;

(B)

the existence of other low-income taxpayer clinics serving the same population;

(C)

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

(D)

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.

(5)

Requirement of matching funds

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—

(A)

the salary (including fringe benefits) of individuals performing services for the clinic; and

(B)

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.

(6)

Provision of information regarding qualified low-income taxpayer clinics

Notwithstanding any other provision of law, officers and employees of the Department of the Treasury may—

(A)

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

(B)

provide information regarding the location of, and contact information for, such clinics.

(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.)

cite as: 26 USC 7526