Chapter 24.40 RCW

TAX REFORM ACT OF 1969, STATE IMPLEMENTATIONNOT FOR PROFIT CORPORATIONS

Sections

24.40.010Application.
24.40.020Articles of incorporation deemed to contain prohibiting provisions.
24.40.030Articles of incorporation deemed to contain provisions for distribution.
24.40.040Rights, powers, of courts, attorney general, not impaired.
24.40.050Construction of references to federal code.
24.40.060Present articles of incorporation may be amendedApplication to new corporation.
24.40.070Severability1971 c 59.
24.40.080Tax reform act of 1969, state implementationCharitable trusts.


Application.

This chapter shall apply to every not for profit corporation to which Title 24 RCW applies, and which is a "private foundation" as defined in section 509 of the Internal Revenue Code of 1954, and which has been or shall be incorporated under the laws of the state of Washington after December 31, 1969. As to any such corporation so incorporated before January 1, 1970, this chapter shall apply only for its federal taxable years beginning after December 31, 1971.



Articles of incorporation deemed to contain prohibiting provisions.

The articles of incorporation of every corporation to which this chapter applies shall be deemed to contain provisions prohibiting the corporation from:
(1) Engaging in any act of "self-dealing" (as defined in section 4941(d) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by section 4941(a) of the Internal Revenue Code of 1954;
(2) Retaining any "excess business holdings" (as defined in section 4943(c) of the Internal Revenue Code of 1954), which would give rise to any liability for the tax imposed by section 4943(a) of the Internal Revenue Code of 1954;
(3) Making any investment which would jeopardize the carrying out of any of its exempt purposes, within the meaning of section 4944 of the Internal Revenue Code of 1954, so as to give rise to any liability for the tax imposed by section 4944(a) of the Internal Revenue Code of 1954; and
(4) Making any "taxable expenditures" (as defined in section 4945(d) of the Internal Revenue Code of 1954) which would give rise to any liability for the tax imposed by section 4945(a) of the Internal Revenue Code of 1954.



Articles of incorporation deemed to contain provisions for distribution.

The articles of incorporation of every corporation to which this chapter applies shall be deemed to contain a provision requiring such corporation to distribute, for the purposes specified in its articles of incorporation, for each taxable year, amounts at least sufficient to avoid liability for the tax imposed by section 4942(a) of the Internal Revenue Code of 1954.



Rights, powers, of courts, attorney general, not impaired.

Nothing in this chapter shall impair the rights and powers of the courts or the attorney general of this state with respect to any corporation.



Construction of references to federal code.

All references to sections of the Internal Revenue Code of 1954 shall include future amendments to such sections and corresponding provisions of future internal revenue laws.



Present articles of incorporation may be amendedApplication to new corporation.

Nothing in this chapter shall limit the power of any corporation not for profit now or hereafter incorporated under the laws of the state of Washington
(1) to at any time amend its articles of incorporation or other instrument governing such corporation by any amendment process open to such corporation under the laws of the state of Washington to provide that some or all provisions of RCW 24.40.010 and 24.40.020 shall have no application to such corporation; or
(2) in the case of any such corporation formed after June 10, 1971, to provide in its articles of incorporation that some or all provisions of RCW 24.40.010 and 24.40.020 shall have no application to such corporation.



Severability1971 c 59.

If any provision of RCW 24.40.010 through 24.40.070 or the application thereof is held invalid, such invalidity shall not affect the other provisions or applications of RCW 24.40.010 through 24.40.070 which can be given effect without the invalid provision or application, and to this end the provisions of RCW 24.40.010 through 24.40.070 are declared to be severable.



Tax reform act of 1969, state implementationCharitable trusts.

See RCW 11.110.200 through 11.110.260.