Frequently Asked Questions
Who is eligible for the Exclusion for Provided Legal and Accounting Services?
Applies to employers who pay their regular employees to provide legal or accounting services to a political party's national committee for convention-related matters.
How does the Exclusion for Provided Legal and Accounting Services work?
Compensation paid by a regular employer for legal or accounting services rendered to a national committee is not treated as a restricted convention expenditure.
What law authorizes the Exclusion for Provided Legal and Accounting Services?
The Exclusion for Provided Legal and Accounting Services is authorized under IRC §9008(d)(4) of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §9008
Source: Internal Revenue Code, Title 26, United States Code
§ 9008. Payments for presidential nominating conventions(a) Establishment of accountsThe Secretary shall maintain in the fund, in addition to any account which he maintains under section 9006(a), a separate account for the national committee of each major party and minor party. The Secretary shall deposit in each such account an amount equal to the amount which each such committee may receive under subsection (b). Such deposits shall be drawn from amounts designated by individuals under section 6096 and shall be made before any transfer is made to any account for any eligible candidate under section 9006(a).
(b) Entitlement to payments from the fund(1) Major partiesSubject to the provisions of this section, the national committee of a major party shall be entitled to payments under paragraph (3), with respect to any presidential nominating convention, in amounts which, in the aggregate, shall not exceed $4,000,000.
(2) Minor partiesSubject to the provisions of this section, the national committee of a minor party shall be entitled to payments under paragraph (3), with respect to any presidential nominating convention, in amounts which, in the aggregate, shall not exceed an amount which bears the same ratio to the amount the national committee of a major party is entitled to receive under paragraph (1) as the number of popular votes received by the candidate for President of the minor party, as such candidate, in the preceding presidential election bears to the average number of popular votes received by the candidates for President of the United States of the major parties in the preceding presidential election.
(3) PaymentsUpon receipt of certification from the Commission under subsection (g), the Secretary shall make payments from the appropriate account maintained under subsection (a) to the national committee of a major party or minor party which elects to receive its entitlement under this subsection. Such payments shall be available for use by such committee in accordance with the provisions of subsection (c).
(4) LimitationPayments to the national committee of a major party or minor party under this subsection, from the account designated for such committee shall be limited to the amounts in such account at the time of payment.
(5) Adjustment of entitlementsThe entitlements established by this subsection shall be adjusted in the same manner as expenditure limitations established by section 315(b) and section 315(d) of the Federal Election Campaign Act of 1971 are adjusted pursuant to the provisions of section 315(c) of such Act.
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