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Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
2026-07-06 10:51:44 -04:00

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LegalText 26 U.S.C. § 4953 Tax on excess contributions to black lung benefit trusts us united_states_code code_section 26 INTERNAL REVENUE CODE 42 PRIVATE FOUNDATIONS; AND CERTAIN OTHER TAX-EXEMPT ORGANIZATIONS 4953 26 U.S.C. § 4953 current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc26@119-100.zip /us/usc/t26/s4953 data/legal/raw/us/code/title-26/usc26.xml 92c2a2625c6a63e04f959119239ed184753da0d5846bcef5ca267e3b21b2d868 a261f094809116f42a96648a3d5eee80fa010379d67412551c21dd5c900b27f4 abe02140a853faa0e241b22f2c8c1882aae18a4d651a6a97ab690423128c1a0f 2026-07-04 official
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26 U.S.C. § 4953 - Tax on excess contributions to black lung benefit trusts

Text

(a) Tax imposed There is hereby imposed for each taxable year a tax in an amount equal to 5 percent of the amount of the excess contributions made by a person to or under a trust or trusts described in section 501(c)(21). The tax imposed by this subsection shall be paid by the person making the excess contribution.

(b) Excess contribution For purposes of this section, the term “excess contribution” means the sum of—

(1) the amount by which the amount contributed for the taxable year to a trust or trusts described in section 501(c)(21) exceeds the amount of the deduction allowable to such person for such contributions for the taxable year under section 192, and

(2) the amount determined under this subsection for the preceding taxable year, reduced by the sum of—

(A) the excess of the maximum amount allowable as a deduction under section 192 for the taxable year over the amount contributed to the trust or trusts for the taxable year, and

(B) amounts distributed from the trust to the contributor which were excess contributions for the preceding taxable year.

(c) Treatment of withdrawal of excess contributions Amounts distributed during the taxable year from a trust described in section 501(c)(21) to the contributor thereof the sum of which does not exceed the amount of the excess contribution made by the contributor shall not be treated as—

(1) an act of self-dealing (within the meaning of section 4951),

(2) a taxable expenditure (within the meaning of section 4952), or

(3) an act contrary to the purposes for which the trust is exempt from taxation under section 501(a).

(Added Pub. L. 95227, § 4(c)(1), Feb. 10, 1978, 92 Stat. 22.)