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Pension Protection Act of 2006: Credit Counseling
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Credit counseling reform.
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Below is only the section of the Pension Protection Act of 2006 that
addresses credit counseling organizations and has been "cleaned up" a bit to
help make it easier to read.
To view this section in in its original form:
Click Here
To view the Pension Protection Act of 2006 in its entirety go to:
http://www.govtrack.us/congress/bill.xpd?bill=h109-4
The new law states that a credit counseling organization shall not be exempt from tax under 501
(a) unless such credit counseling organization is organized and operated in
accordance with the following requirements:
For credit counseling organizations described in section 501, subsection (c),
paragraph (3) or (4):
- The credit counseling organization must provide credit counseling services tailored to the specific needs and
circumstances of consumers.
- The credit counseling organization must not make loans to debtors (other than loans with no fees or interest) and
must not negotiate the making of loans on behalf of debtors.
- The credit counseling organization may provide services for the
purpose of improving a consumers credit record, credit history, or
credit rating only to the extent that such services are incidental to
providing credit counseling services.
- The credit counseling organization must not charge any separately
stated fee for services for the purpose of improving any consumers
credit record, credit history, or credit rating.
- The credit counseling organization must not refuse to provide credit
counseling services to a consumer due to the inability of the consumer
to pay, the ineligibility of the consumer for debt management plan
enrollment, or the unwillingness of the consumer to enroll in a debt
management plan.
- The credit counseling organization must establish and implement a
fee policy which:
- requires that any fees charged to a consumer for services are reasonable,
- allows for the waiver of fees if the consumer is unable to pay, and
- except to the extent allowed by State law, prohibits charging any fee
based in whole or in part on a percentage of the consumers debt, the consumers
payments to be made pursuant to a debt management plan, or the projected or
actual savings to the consumer resulting from enrolling in a debt management
plan.
- At all times the credit counseling organization must have a board of directors or
other governing body -
- which is controlled by persons who represent the broad interests of the
public, such as public officials acting in their capacities as such, persons
having special knowledge or expertise in credit or financial education, and
community leaders,
- not more than 20 percent of the voting power of which is vested in
persons who are employed by the organization or who will benefit financially,
directly or indirectly, from the organizations activities (other than through
the receipt of reasonable directors fees or the repayment of consumer debt to
creditors other than the credit counseling organization or its affiliates), and
- not more than 49 percent of the voting power of which is vested in
persons who are employed by the organization or who will benefit financially,
directly or indirectly, from the organizations activities (other than through
the receipt of reasonable directors fees).
- The credit counseling organization must not own more than 35 percent
of -
- the total combined voting power of any corporation (other than a
corporation which is an organization described in subsection (c)(3) and exempt
from tax under subsection (a)) which is in the trade or business of lending
money, repairing credit, or providing debt management plan services, payment
processing, or similar services,
- the profits interest of any partnership (other than a partnership which
is an organization described in subsection (c)(3) and exempt from tax under
subsection (a)) which is in the trade or business of lending money, repairing
credit, or providing debt management plan services, payment processing, or
similar services, and
- the beneficial interest of any trust or estate (other than a trust which
is an organization described in subsection (c)(3) and exempt from tax under
subsection (a)) which is in the trade or business of lending money, repairing
credit, or providing debt management plan services, payment processing, or
similar services.
- The credit counseling organization must not receive any amount for
providing referrals to others for debt management plan services, and
must not pay any amount to others for obtaining referrals of consumers.
IN ADDITION TO THE RULES UP TOP, for credit counseling organizations
described in section 501,
subsection (c), paragraph (3):
- The credit counseling organization must not solicit contributions from consumers during the
initial counseling process or while the consumer is receiving services from the
organization.
- The aggregate revenues of the credit counseling organization which are from payments of
creditors of consumers of the credit counseling organization and which are attributable to debt
management plan services must not exceed the applicable percentage of the total
revenues of the organization.
- APPLICABLE PERCENTAGE
- IN GENERAL.For purposes of subparagraph (A)(ii), the applicable
percentage is 50 percent.
- TRANSITION RULE.Notwithstanding clause (i), in the case
of an organization with respect to which the provision of credit
counseling services is a substantial purpose and which is described in
paragraph (3) of subsection (c) and exempt from tax under subsection
(a) on the date of the enactment of this subsection, the applicable
percentage is:
- 80 percent for the first taxable year of such organization
beginning after the date which is 1 year after the date of the
enactment of this subsection, and
- 70 percent for the second such taxable year beginning after such
date, and
- 60 percent for the third such taxable year beginning after such
date.
IN ADDITION TO THE RULES UP TOP, for organizations described in section 501,
subsection (c), paragraph (4):
- The credit counseling organization must notify the Secretary, in such
manner as the Secretary may by regulations prescribe, that it is applying
for recognition as a credit counseling organization.
EFFECTIVE DATE
- IN GENERAL.Except as provided in paragraph (2), the
amendments made by this section shall apply to taxable years beginning
after the date of the enactment of this Act.
- TRANSITION RULE FOR EXISTING ORGANIZATIONS.In the case of any
organization described in paragraph (3) or (4) of section 501(c) of the
Internal Revenue Code of 1986 and with respect to which the provision of
credit counseling services is a substantial purpose on the date of the
enactment of this Act, the amendments made by this section shall apply to
taxable years beginning after the date which is 1 year after the date of
the enactment of this Act.
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