Reg. § 1.1502-100 Corporations exempt from tax.
(a) In general
(1) Computation of tax liability The tax liability for a consolidated return year of a group of two or more corporations described in section which are exempt from taxation under section (hereinafter referred to in this section as “exempt group”) shall be determined on a consolidated basis by applying the provisions of subchapter F of chapter 1 of the code in the manner provided in this section. See section for tax-exempt corporations eligible to file a consolidated return.
(2) Applicability of other consolidated return provisions The provisions of the consolidated return regulations are applicable to an exempt group to the extent they are not inconsistent with the provisions of this section or the provisions of subchapter F of chapter 1 of the Code. For purposes of applying the provisions of the consolidated return regulations to an exempt group, the following substitutions must be made—
(i) The term “exempt group” is substituted for the term “group”;
(ii) The terms “unrelated business taxable income”, “separate unrelated business taxable income”, and “consolidated unrelated business taxable income” are substituted for the terms “taxable income”, “separate taxable income”, and “consolidated taxable income”; and
(iii) The term consolidated liability for tax determined under (or an equivalent term) means the consolidated liability for tax of an exempt group determined under of this section.
(b) The tax liability for a consolidated return year of an exempt group is the tax imposed by section on the consolidated unrelated taxable income for the year (determined under of this section), and by allowing the credits provided in .
(c) Consolidated unrelated business taxable income The consolidated unrelated business taxable income for a consolidated return year shall be determined by taking into account:
(1) The separate unrelated business taxable income of each member of the exempt group (determined under of this section);
(2) Any consolidated net operating loss deduction (determined under ) subject to the limitations provided in section ;
(3) Any consolidated charitable contribution deduction (determined under ) subject to the limitations provided in section ; and
(4) Any consolidated net gain or net loss from the disposition of debt-financed property (as defined in section ) taken into account as provided by section , or from the cutting of timber to which section applies.
(d) Separate unrelated business taxable income
(1) In general The separate unrelated business taxable income of a member of an exempt group must be computed in accordance with the provisions of section covering the determination of unrelated business taxable income of separate corporations, except that:
(i) The provisions of paragraphs (a) through (d), (f) through (k), and (o) of apply; and
(ii) No charitable contributions deduction is taken into account under section .
(2) Section 501(c)(2) organizations. See sections and for special rules applicable to organizations described in section . .
See sections and for special rules applicable to organizations described in section .
[T.D. 7595, 44 FR 10382, Feb. 20, 1979, as amended by T.D. 8677, 61 FR 33325, June 27, 1996; T.D. 8823, 64 FR 36101, July 2, 1999; T.D. 9885, 84 FR 67044, Dec. 6, 2019; T.D. 10018, 89 FR 106878, Dec. 30, 2024]