26 USC 7526 – Low-income taxpayer clinics
(a) In general
The Secretary may, subject to the availability of appropriated funds, make grants to provide matching funds for the development, expansion, or continuation of qualified low-income taxpayer clinics.
(b) Definitions
Terms Used In 26 USC 7526
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- including: when used in a definition contained in this title shall not be deemed to exclude other things otherwise within the meaning of the term defined. See 26 USC 7701
- individual: shall include every infant member of the species homo sapiens who is born alive at any stage of development. See 1 USC 8
- Secretary: means the Secretary of the Treasury or his delegate. See 26 USC 7701
- taxable year: means the calendar year, or the fiscal year ending during such calendar year, upon the basis of which the taxable income is computed under subtitle A. See 26 USC 7701
- taxpayer: means any person subject to any internal revenue tax. See 26 USC 7701
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
The term “qualified representative” means any individual (whether or not an attorney) who is authorized to practice before the Internal Revenue Service or the applicable court.
(c) Special rules and limitations
(1) Aggregate limitation
Unless otherwise provided by specific appropriation, the Secretary shall not allocate more than $6,000,000 per year (exclusive of costs of administering the program) to grants under this section.
(2) Limitation on annual grants to a clinic
The aggregate amount of grants which may be made under this section to a clinic for a year shall not exceed $100,000.
(3) Multi-year grants
Upon application of a qualified low-income taxpayer clinic, the Secretary is authorized to award a multi-year grant not to exceed 3 years.
(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.