Читать книгу The Tax Law of Charitable Giving - Bruce Hopkins R., Bruce R. Hopkins, David Middlebrook - Страница 54

In an instance of a tax-exempt organization with two or more unrelated businesses, unrelated business taxable income must first be computed separately with respect to each business.⁵⁶⁸ The organization's unrelated business taxable income for a year is the sum of the amounts (not less than zero) computed for each separate unrelated business, less the specific deduction.⁵⁶⁹ A net operating loss deduction⁵⁷⁰ is allowed only with respect to a business from which the loss arose.

The result of this body of law is that a deduction from one unrelated business for a tax year may not be used by a tax-exempt organization to offset income from another unrelated business for the same tax year. This law generally does not, however, prevent an exempt organization from using a deduction from one tax year to offset income from the same unrelated business in another tax year, where appropriate.

Statutory law does not provide criteria for determining whether a tax-exempt organization has more than one unrelated business or how to identify separate unrelated businesses for purposes of calculating unrelated business taxable income.