§ 4968. Excise tax based on investment income of private colleges and universities
(a) Tax imposed
(b) Applicable educational institution
For purposes of this subchapter—
(1) In general
The term “applicable educational institution” means an eligible educational institution (as defined in section 25A(f)(2))—
(A) which had at least 500 tuition-paying students during the preceding taxable year,
(B) more than 50 percent of the tuition-paying students of which are located in the United States,
(C) which is not described in the first sentence of section 511(a)(2)(B) (relating to State colleges and universities), and
(D) the aggregate fair market value of the assets of which at the end of the preceding taxable year (other than those assets which are used directly in carrying out the institution’s exempt purpose) is at least $500,000 per student of the institution.
(2) Students
(c) Net investment income
(d) Assets and net investment income of related organizations
(1) In general
For purposes of subsections (b)(1)(C) and (c), assets and net investment income of any related organization with respect to an educational institution shall be treated as assets and net investment income, respectively, of the educational institution, except that—
(A) no such amount shall be taken into account with respect to more than 1 educational institution, and
(B) unless such organization is controlled by such institution or is described in section 509(a)(3) with respect to such institution for the taxable year, assets and net investment income which are not intended or available for the use or benefit of the educational institution shall not be taken into account.
(2) Related organization
For purposes of this subsection, the term “related organization” means, with respect to an educational institution, any organization which—
(A) controls, or is controlled by, such institution,
(B) is controlled by 1 or more persons which also control such institution, or
(C) is a supported organization (as defined in section 509(f)(3)), or an organization described in section 509(a)(3), during the taxable year with respect to such institution.
(Added Pub. L. 115–97, title I, § 13701(a), Dec. 22, 2017, 131 Stat. 2167; amended Pub. L. 115–123, div. D, title II, § 41109(a), Feb. 9, 2018, 132 Stat. 159.)