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bupersinst 1710.16 - Fitness, Sports and Deployed Forces Support

bupersinst 1710.16 - Fitness, Sports and Deployed Forces Support

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7. Taxes<br />

BUPERSINST <strong>1710.16</strong><br />

a. Legal Status. Recreation funds are instrumentalities of<br />

the Federal Government <strong>and</strong> should participate in whatever<br />

immunities such status may derive under the Constitution <strong>and</strong><br />

Federal Statutes.<br />

b. Tax Exemption Certificate. The unit shall obtain this<br />

certificate from the Regional Internal Revenue Service Office by<br />

filing Form SS4. The IRS will issue the comm<strong>and</strong> an employer’s<br />

identification number to validate the recreation fund’s tax<br />

exempt status.<br />

c. Federal Taxes Not Applicable<br />

(1) Monies derived from recreation functions are excluded<br />

from the provisions of the Internal Revenue Code.<br />

(2) To acquire a tax-free number or employer ID number,<br />

contact your local fleet recreation coordinator for assistance.<br />

(3) Recreation activities are exempt from payment of<br />

the Federal Communication tax on the following types of<br />

communications:<br />

messages.<br />

(a) Long distance telephone or radio telephone<br />

(b) Domestic telegraph, cable or radio dispatch<br />

messages. No certificate of exemption is necessary for the<br />

purpose of establishing exemption from the tax on amounts paid<br />

directly for telegraph, telephone, radio <strong>and</strong> cable services or<br />

facilities. A recreation fund may note on any bill submitted<br />

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

This exemption applies only to official calls <strong>and</strong> services <strong>and</strong><br />

does not apply to personal calls placed from the activity.<br />

(c) Communications with Federal Authorities. The<br />

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

regarding taxation <strong>and</strong> regulations affecting recreation functions<br />

<strong>and</strong>/or recreation funds shall be cleared via the chain of comm<strong>and</strong><br />

with BUPERS (Pers-65) before any action is taken.<br />

(d) State <strong>and</strong> Local Tax. Instrumentalities of the<br />

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

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

Federal statute. The initiation of inquiries or replies to state<br />

Enclosure (2)

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