Section 7526 - Low-income taxpayer clinics(a) In generalThe 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) DefinitionsFor purposes of this section-
(1) Qualified low-income taxpayer clinic(A) In generalThe 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 taxpayersA 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) ClinicThe 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 representativeThe 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 limitationUnless 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 clinicThe 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 grantsUpon 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 awardsIn 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 fundsA 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 clinicsNotwithstanding 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.Added Pub. L. 105-206, title III, §3601(a), July 22, 1998, 112 Stat. 774; amended Pub. L. 116-25, title I, §1402(a), July 1, 2019, 133 Stat. 997.EDITORIAL NOTES
AMENDMENTS2019-Subsec. (c)(6). Pub. L. 116-25 added par. (6).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2019 AMENDMENTPub. L. 116-25, title I, §1402(b), July 1, 2019, 133 Stat. 997, provided that: "The amendment made by this section [amending this section] shall take effect on the date of the enactment of this Act [July 1, 2019]."
EFFECTIVE DATE Pub. L. 105-206, §3601(c), July 22, 1998, 112 Stat. 776, provided that: "The amendments made by this section [enacting this section] shall take effect on the date of the enactment of this Act [July 22, 1998]."
- Secretary
- The term "Secretary" means the Secretary of the Treasury or his delegate.
- taxable year
- The term "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. "Taxable year" means, in the case of a return made for a fractional part of a year under the provisions of subtitle A or under regulations prescribed by the Secretary, the period for which such return is made.
- taxpayer
- The term "taxpayer" means any person subject to any internal revenue tax.