IRS Analysis Helps Bring UBIT in Focus, Litigation May Still Loom
LAS VEGAS -- There is one upside to the Internal Revenue Service's most recent guidance on Unrelated Business Income Tax: state-chartered credit unions can now ask more specific questions on what counts and what cannot be considered. Katherine Weber, a partner with the law firm Messick & Weber P.C., told attendees at NACUSO's annual conference today that the recently issued technical advice memoranda have cleared up some confusion. "We have the IRS analysis and we can pick it apart," Weber said. "Credit unions can do a better job of figuring out some strategies." For instance, insurance will be subject to UBIT, but selling checks are not, Weber said. UBIT does not apply to federally-chartered credit unions. As a general rule, the IRS asks state- chartered credit unions to look at the service and question whether it promotes saving, Weber added. Meanwhile, as the credit union trade groups continue to work with the IRS on UBIT, NACUSO General Counsel Guy Messick said he expects there will be some litigation pursued on what is and is not related.