Court Declines to Follow Sherwin-Williams in VEBA UBTI Issue

The United States Court of Federal Claims ruled that a VEBA’s investment income may be considered set aside under Section 512(a)(3)(E) and therefore subject to the unrelated business taxable income if the amounts set aside to pay benefits exceed the account limits under Section 419A.

Document Excerpt

A voluntary employees’ beneficiary association (VEBA) may not avoid the limitation on exempt function income in 26 U.S.C. Section 512(a)(3)(E)(i) merely by allocating investment income toward the payment of welfare benefits during the course of the tax year.

Link http://www.uscfc.uscourts.gov/sites/default/files/BUSH.CNG102108.pdf

About Us

Benefits Forward is a news site for professionals in the field of employment benefits. Our goal is to provide the latest information about the benefits field and to host a community discussion regarding related issues.

Seminars, Conferences & Other Events

  • Sorry, there are no articles in this category.

Sign Up

Enjoy the information on our site? Join the community and become a contributor - it's easy and free. Register today!

How To Post

Already a member but need help posting? Click here for instructions.