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6-J. Taxes.<br />

1. Legal Status. A <strong>morale</strong> fund is an instrumentality of the<br />

Federal Government. As such it is exempt under the<br />

Constitution and Federal Statutes from certain<br />

taxingauthorities. These immunities are included in the<br />

discussion below. Morale Funds should be administered to<br />

take advantage of these exemptions.<br />

2. Federal Taxes Applicable. The MWR officer shall obtain<br />

annually a copy of the Employer's Tax Guide, Circular E<br />

from the District Director of Internal Revenue and shall<br />

comply with its provisions. Employees of MWR activities<br />

are subject to Federal Tax Payment and Withholding<br />

Provisions.<br />

.3. Federal Taxes not Applicable.<br />

a. MWR functions and profits are exempt from the<br />

provisions of the Internal Revenue Code. Returns for<br />

Federal income taxes need not be filed.<br />

b. MWR activities are exempt from payment of the Federal<br />

Communication Tax on the following types of<br />

communications:<br />

C. (1) Long distance telephone or radio telephone<br />

messages.<br />

Domestic telegraph, cable, or radio dispatch<br />

messages. No certificate of exemption is<br />

necessary to establish exemption from the tax on<br />

amounts paid directly for telegraph, telephone,<br />

radio, and cable services or facilities. A MWR<br />

activity may note on any bill submitted that it<br />

is an instrumentality of the United States.<br />

This exemption applies only to official calls<br />

and services and does not apply to personal<br />

calls made through the facilities of the .<br />

activity.<br />

4. Communications with Federal Authorities. The initiation<br />

of inquiries or replies to Federal authorities regarding<br />

taxation and regulations affecting MWR functions and/or<br />

unit <strong>morale</strong> funds shall be cleared via chain of command<br />

with Commandant (G-PXM) before any action is taken.<br />

5. State and Local Tax. Instrumentalities of the United<br />

States Government are not subject to direct taxation by<br />

State or local taxing authorities, except when authorized<br />

by Federal statute. Inquiries or replies to State or<br />

local officials on matters pertaining to taxation shall<br />

be cleared via chain of command with Commandant (G-PXM).<br />

6-13 CH-5

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