Frequently Asked Questions
Who is eligible for the Exclusion of Trade Secrets from Public Disclosure?
Applies to organizations described in section 501 or 527 that submit supporting papers for tax-exempt status containing proprietary intellectual property.
How does the Exclusion of Trade Secrets from Public Disclosure work?
Exempt organizations can request the Secretary to withhold from public inspection any information that relates to trade secrets, patents, processes, or styles of work if disclosure would adversely affect the organization.
What law authorizes the Exclusion of Trade Secrets from Public Disclosure?
The Exclusion of Trade Secrets from Public Disclosure is authorized under IRC §6104 of the Internal Revenue Code (Title 26, United States Code).
Statutory Text — IRC §6104
Source: Internal Revenue Code, Title 26, United States Code
§ 6104. Publicity of information required from certain exempt organizations and certain trusts(a) Inspection of applications for tax exemption or notice of status(1) Public inspection(A) Organizations described in section 501 or 527If an organization described in section 501(c) or (d) is exempt from taxation under section 501(a) for any taxable year or a political organization is exempt from taxation under section 527 for any taxable year, the application filed by the organization with respect to which the Secretary made his determination that such organization was entitled to exemption under section 501(a) or notice of status filed by the organization under section 527(i), together with any papers submitted in support of such application or notice, and any letter or other document issued by the Internal Revenue Service with respect to such application or notice shall be open to public inspection at the national office of the Internal Revenue Service. In the case of any application or notice filed after the date of the enactment of this subparagraph, a copy of such application or notice and such letter or document shall be open to public inspection at the appropriate field office of the Internal Revenue Service (determined under regulations prescribed by the Secretary). Any inspection under this subparagraph may be made at such times, and in such manner, as the Secretary shall by regulations prescribe. After the application of any organization for exemption from taxation under section 501(a) has been opened to public inspection under this subparagraph, the Secretary shall, on the request of any person with respect to such organization, furnish a statement indicating the subsection and paragraph of section 501 which it has been determined describes such organization.
(B) Pension, etc., plansThe following shall be open to public inspection at such times and in such places as the Secretary may prescribe:(i) any application filed with respect to the qualification of a pension, profit-sharing, or stock bonus plan under section 401(a) or 403(a), an individual retirement account described in section 408(a), or an individual retirement annuity described in section 408(b),
(ii) any application filed with respect to the exemption from tax under section 501(a) of an organization forming part of a plan or account referred to in clause (i),
(iii) any papers submitted in support of an application referred to in clause (i) or (ii), and
(iv) any letter or other document issued by the Internal Revenue Service and dealing with the qualification referred to in clause (i) or the exemption from tax referred to in clause (ii).
Except in the case of a plan participant, this subparagraph shall not apply to any plan referred to in clause (i) having not more than 25 participants.
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