['Retirement Benefits']
['Pension Protection Act (PPA)']
05/18/2022
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.
...
Pension Protection Act of 2006
Title XII Provisions Relating to Exempt Organizations
Subtitle B Reforming Exempt Organizations
Part 1 General Reforms
(a) IN GENERAL.-Section 501 (relating to exemption from tax on corporations, certain trusts, etc.) is amended by redesignating subsection (q) as subsection (r) and by inserting after subsection (p) the following new subsection:
"( q) SPECIAL RULES FOR CREDIT COUNSELING ORGANIZATIONS.-
"(1) IN GENERAL.-An organization with respect to which the provision of credit counseling services is a substantial purpose shall not be exempt from tax under subsection (a) unless such organization is described in paragraph (3) or (4) of subsection (c) and such organization is organized and operated in accordance with the following requirements:
"(A) The organization-
"( i) provides credit counseling services tailored to the specific needs and circumstances of consumers,
"( ii) makes no loans to debtors (other than loans with no fees or interest) and does not negotiate the making of loans on behalf of debtors,
"(iii) provides services for the purpose of improving a consumer's credit record, credit history, or credit rating only to the extent that such services are incidental to providing credit counseling services, and
"(iv) does not charge any separately stated fee for services for the purpose of improving any consumer's credit record, credit history, or credit rating.
"(B) The organization does not refuse to provide credit counseling services to a consumer due to the inability of the consumer to pay, the ineligibility of the consumer for debt management plan enrollment, or the unwillingness of the consumer to enroll in a debt management plan.
"(C) The organization establishes and implements a fee policy which-
"( i) requires that any fees charged to a consumer for services are reasonable,
"(ii) allows for the waiver of fees if the consumer is unable to pay, and
"(iii) except to the extent allowed by State law, prohibits charging any fee based in whole or in part on a percentage of the consumer's debt, the consumer's payments to be made pursuant to a debt management plan, or the projected or actual savings to the consumer resulting from enrolling in a debt management plan.
"(D) At all times the organization has a board of directors or other governing body-
"( i) which is controlled by persons who represent the broad interests of the public, such as public officials acting in their capacities as such, persons having special knowledge or expertise in credit or financial education, and community leaders,
"(ii) not more than 20 percent of the voting power of which is vested in persons who are employed by the organization or who will benefit financially, directly or indirectly, from the organization's activities (other than through the receipt of reasonable directors' fees or the repayment of consumer debt to creditors other than the credit counseling organization or its affiliates), and
"(iii) not more than 49 percent of the voting power of which is vested in persons who are employed by the organization or who will benefit financially, directly or indirectly, from the organization's activities (other than through the receipt of reasonable directors' fees).
"(E) The organization does not own more than 35 percent of-
"( i) the total combined voting power of any corporation (other than a corporation which is an organization described in subsection (c)(3) and exempt from tax under subsection (a)) which is in the trade or business of lending money, repairing credit, or providing debt management plan services, payment processing, or similar services,
"(ii) the profits interest of any partnership (other than a partnership which is an organization described in subsection (c)(3) and exempt from tax under subsection (a)) which is in the trade or business of lending money, repairing credit, or providing debt management plan services, payment processing, or similar services, and
"(iii) the beneficial interest of any trust or estate (other than a trust which is an organization described in subsection (c)(3) and exempt from tax under subsection (a)) which is in the trade or business of lending money, repairing credit, or providing debt management plan services, payment processing, or similar services.
"(F) The organization receives no amount for providing referrals to others for debt management plan services, and pays no amount to others for obtaining referrals of consumers.
"(2) ADDITIONAL REQUIREMENTS FOR ORGANIZATIONS DESCRIBED IN SUBSECTION (c )(3).-
"(A) IN GENERAL.-In addition to the requirements under paragraph (1), an organization with respect to which the provision of credit counseling services is a substantial purpose and which is described in paragraph (3) of subsection (c) shall not be exempt from tax under subsection (a) unless such organization is organized and operated in accordance with the following requirements:
"( i) The organization does not solicit contributions from consumers during the initial counseling process or while the consumer is receiving services from the organization.
"(ii) The aggregate revenues of the organization which are from payments of creditors of consumers of the organization and which are attributable to debt management plan services do not exceed the applicable percentage of the total revenues of the organization.
"(B) APPLICABLE PERCENTAGE.-
"( i) IN GENERAL.-For purposes of subparagraph (A )(ii), the applicable percentage is 50 percent.
"(ii) TRANSITION RULE.-Notwithstanding clause ( i), in the case of an organization with respect to which the provision of credit counseling services is a substantial purpose and which is described in paragraph (3) of subsection (c) and exempt from tax under subsection (a) on the date of the enactment of this subsection, the applicable percentage is-
"(I) 80 percent for the first taxable year of such organization beginning after the date which is 1 year after the date of the enactment of this subsection, and
"(II) 70 percent for the second such taxable year beginning after such date, and
"(III) 60 percent for the third such taxable year beginning after such date.
"(3) ADDITIONAL REQUIREMENT FOR ORGANIZATIONS DESCRIBED IN SUBSECTION (c)(4).-In addition to the requirements under paragraph (1), an organization with respect to which the provision of credit counseling services is a substantial purpose and which is described in paragraph (4) of subsection (c) shall not be exempt from tax under subsection (a) unless such organization notifies the Secretary, in such manner as the Secretary may by regulations prescribe, that it is applying for recognition as a credit counseling organization.
"(4) CREDIT COUNSELING SERVICES; DEBT MANAGEMENT PLAN SERVICES.- For purposes of this subsection-
"(A) CREDIT COUNSELING SERVICES.- The term 'credit counseling services' means-
"( i) the providing of educational information to the general public on budgeting, personal finance, financial literacy, saving and spending practices, and the sound use of consumer credit,
"(ii) the assisting of individuals and families with financial problems by providing them with counseling, or
"( iii) a combination of the activities described in clauses ( i) and (ii).
"(B) DEBT MANAGEMENT PLAN SERVICES.-The term 'debt management plan services' means services related to the repayment, consolidation, or restructuring of a consumer's debt, and includes the negotiation with creditors of lower interest rates, the waiver or reduction of fees, and the marketing and processing of debt management plans.".
(b) DEBT MANAGEMENT PLAN SERVICES TREATED AS AN UNRELATED BUSINESS.-Section 513 (relating to unrelated trade or business) is amended by adding at the end the following:
"( j) DEBT MANAGEMENT PLAN SERVICES.-The term 'unrelated trade or business' includes the provision of debt management plan services (as defined in section 501(q )(4)(B)) by any organization other than an organization which meets the requirements of section 501(q).".
(c) EFFECTIVE DATE.-
(c)(1) IN GENERAL.- Except as provided in paragraph (2), the amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
(c)(2) TRANSITION RULE FOR EXISTING ORGANIZATIONS.-In the case of any organization described in paragraph (3) or (4) of section 501(c) of the Internal Revenue Code of 1986 and with respect to which the provision of credit counseling services is a substantial purpose on the date of the enactment of this Act, the amendments made by this section shall apply to taxable years beginning after the date which is 1 year after the date of the enactment of this Act.
READ MORESHOW LESS
['Retirement Benefits']
['Pension Protection Act (PPA)']
Load More
J. J. Keller is the trusted source for DOT / Transportation, OSHA / Workplace Safety, Human Resources, Construction Safety and Hazmat / Hazardous Materials regulation compliance products and services. J. J. Keller helps you increase safety awareness, reduce risk, follow best practices, improve safety training, and stay current with changing regulations.
Copyright 2025 J. J. Keller & Associate, Inc. For re-use options please contact copyright@jjkeller.com or call 800-558-5011.