
华盛顿——特朗普政府正在考虑发布一项行政命令,将部分非营利组织列为与恐怖主义有关联,此举将立即暂停其免税资格,并可能使其运营陷入瘫痪。
WASHINGTON—The Trump administration is considering an executive order that would list some nonprofit organizations as having terrorist ties, a move that would suspend their tax-exempt status immediately and could cripple their operations.
据知情人士透露,特朗普政府官员已就该命令酝酿数月。知情人士称,该命令仍在审议中,最终可能不会定稿,也不会由特朗普签署。
Trump officials have been working for months on the order, according to people familiar with the matter. The order is still being deliberated and may end up not being finalized or signed by Trump, the people said.
此类行政命令将动用一项未经实践检验的税法条款,并升级政府对免税团体的审查力度,可能将矛头指向特朗普的部分对手和政治反对者。贴上“恐怖主义”标签将给相关团体带来比美国国税局(IRS)通常用于调查和惩处免税组织违法行为的缓慢程序更为直接的后果。
Such an executive order would use an untested tax code section and escalate the administration’s scrutiny of tax-exempt groups, possibly targeting some of Trump’s antagonists and political opponents. Applying the terrorist label would impose much more immediate consequences on groups than the slower procedures typically used by the Internal Revenue Service to examine and penalize tax-exempt organizations for legal violations.
目前尚不清楚任何行政命令可能针对多少团体以及具体是哪些团体。
It wasn’t clear how many groups and which ones could be targeted in any executive order.
特朗普去年签署了一份国家安全备忘录,指示国税局确保没有免税团体从事国内恐怖主义或政治暴力活动,并鼓励向司法部移交线索。官员们已公开强调其相关努力,但鲜少提及动用税法第501(p)条。
Trump signed a national-security memorandum last year that directed the IRS to ensure that no tax-exempt groups are engaged in domestic terrorism or political violence and encouraged referrals to the Justice Department. Officials have highlighted their efforts publicly, but they have talked little about using Section 501(p) of the tax code.
“我们正在审查免税地位被滥用的情况,哪些慈善实体已成为外国影响力活动的资金渠道,以及那些受托管理这些组织的人如何反而助长了暴力,”财政部长斯科特·贝森特于7月表示。“证据指向何处,我们绝不犹豫地追查到底。”据一位直接知情人士和《华尔街日报》审阅的一份备忘录透露,特朗普政府官员最近一直在求助于国税局专家,以帮助评估该行政令的潜在实施情况。
“We are examining where tax-exempt status has been exploited, which charitable entities have become financial conduits for foreign-influence activity, and how those entrusted with stewardship of these organizations have instead enabled violence,” Treasury Secretary Scott Bessent said in July. “Where the evidence leads, we will not hesitate to follow.”Trump administration officials have recently been turning to IRS experts to help evaluate the potential implementation of the executive order, according to a person with direct knowledge of the matter and a memo reviewed by The Wall Street Journal.
另一位知情人士表示,政府官员一直在审查非营利组织的银行记录和其他文件,以帮助起草行政令,并确定哪些团体应被视为从事恐怖主义或支持恐怖主义。
Another person with knowledge of the discussions said administration officials have been reviewing bank records of nonprofits and other documents to help craft the executive order and determine which groups should be considered as engaging in terrorism or supporting it.
据多位知情人士透露,官员们正在审查第501(p)(2)(C)条,该条款授权总统通过行政令将这些团体指定为支持或从事恐怖活动。一旦作出该指定,这些团体的免税地位将自动被暂停,此举可能损害其财务状况并切断捐款来源。
Officials are reviewing Section 501(p)(2)(C), which gives the president authority to label these groups in an executive order as supporting or engaging in terrorist activities, according to some of the people familiar with the matter. Following that designation, those groups would automatically have their tax-exempt statuses suspended, a move that could damage their finances and dry up donations.
目前已有九个组织因涉嫌与恐怖主义有关联而被暂停免税资格。律师表示,这些决定源于财政部等联邦机构的制裁指定,而非白宫正在考虑的那种总统直接裁定。
There are already nine organizations that have had their tax exemptions suspended for alleged terrorist ties. Those decisions flowed from sanctions designations by federal agencies such as the Treasury Department, not from the kind of direct presidential determination the White House is considering, lawyers said.
一位白宫官员表示,关于潜在行政令的任何讨论都是推测性的。白宫去年4月曾告诉记者,没有起草或考虑采取此类行动。财政部和国税局未回应置评请求。
A White House official said any discussions about a potential executive order are speculative. The White House told reporters last April that no such action was being drafted or considered. The Treasury Department and IRS didn’t respond to requests for comment.
美国国税局(IRS)的常规规定要求该机构在撤销或暂停非营利组织免税资格时遵循特定程序。这包括详细审计、正式通知以及向法院提起诉讼的权利。根据第501(p)条款作出的认定不能基于税务理由提出质疑;相关组织很可能需要提起诉讼,以证明其不存在恐怖主义关联。
IRS rules normally require the agency to follow procedures to revoke or suspend nonprofit groups’ tax-exempt status. That includes a detailed audit, formal notice and the right to go into court. A 501(p) designation can’t be challenged on tax grounds; the organization would likely need to sue to demonstrate that it doesn’t have terrorist links.
据《华尔街日报》查阅的内部记录显示,联邦调查局(FBI)、国税局和财政部自去年以来一直在合作调查免税组织与恐怖主义的关联。
The Federal Bureau of Investigation, IRS and Treasury Department have been working together to investigate tax-exempt groups for terrorism connections since last year, according to internal records reviewed by the Journal.
“我们看到一个新的执法基础设施正在跨机构建立,”前国税局官员、现任Caplin & Drysdale律师事务所律师Carolyn Schenck表示。“这些工具本身都不新鲜。新鲜且可能影响深远的是,将它们针对同一组织、同一行为组合在一起使用。”Schenck说,如果政府动用第501(p)条款暂停某组织的免税资格,该组织很可能需要提起诉讼,主张该认定属于武断和反复无常,才能寻求法院推翻决定。这可能颇具挑战,因为政府的部分证据可能被视为机密。
“We’re seeing a new enforcement infrastructure being connected across agencies,” said Carolyn Schenck, a former IRS official who is now at law firm Caplin & Drysdale. “None of these tools is new. What is new and potentially very consequential is putting them together around the same organizations and the same conduct.”If the administration uses section 501(p) to suspend a group’s tax-exempt status, the group would likely need to sue and allege that the designation was arbitrary and capricious in order to get a court to reverse the decision, Schenck said. That could be challenging because some of the government’s evidence could be considered classified.
但在诉讼期间,受影响组织将对其任何净收入纳税,且向其捐款将不再享受税收抵扣。
But during those lawsuits, affected groups would be taxed on any net income and contributions to them wouldn’t be tax deductible.
“引用该条款的总统公开选择利用税收制度打击特定群体,这一选择会招致审视,”前纽约州助理检察长Kevin Frankel表示。“其独特价值在于触及反恐怖主义和制裁体系之外的组织,实际上意味着针对国内团体。”自特朗普第二任期开始以来,政府及其盟友一直在寻找调查和惩罚某些非营利组织的途径。
“A president who cites it is openly choosing to use the tax system against a designated group, and that choice draws scrutiny,” said Kevin Frankel, a former New York assistant attorney general. “Its distinct value is reaching organizations outside the foreign-terrorism and sanctions systems, which in practice means domestic groups.”Since the start of Trump’s second term, the administration and its allies have been searching for ways to investigate and penalize some nonprofit organizations.
特朗普已下令贝森特利用财政部的反恐与金融情报办公室,审查相关团体的资金流向,并试图追踪任何非法资金渠道。
Trump has ordered Bessent to use the Treasury’s terrorism and financial-intelligence office to examine groups’ financial flows and try to trace any illicit funding streams.
司法部起诉非营利组织“南方贫困法律中心”,指控其涉嫌通过秘密支付线人费用欺骗捐赠者。该中心否认了这些指控。国会和州政府中的特朗普盟友已将多个非营利组织提交给政府,要求对其免税资格进行潜在的撤销或暂停。
The Justice Department indicted the nonprofit Southern Poverty Law Center for allegedly defrauding contributors by secretly paying informants. SPLC has denied the charges. Trump allies in Congress and in state governments have referred nonprofits to the administration for potential revocation or suspension of their tax-exempt status.
据一名与会者透露,去年底的跨部门会议上,白宫副幕僚长斯蒂芬·米勒询问政府官员,为何没有更多努力去调查米勒认为与恐怖组织(如安提法)有联系的非营利团体。特朗普去年9月通过行政命令将安提法指定为国内恐怖组织。安提法是一个松散的群体,而非正式的免税组织。
During interagency meetings late last year, White House deputy chief of staff Stephen Miller asked administration officials why more efforts hadn’t been made to probe nonprofit groups that Miller believed had ties to terrorist organizations, such as antifa, according to a meeting participant. Trump designated antifa as a domestic terrorist organization through an executive order last September. Antifa is a loose collective, rather than a formal tax-exempt organization.
众议院筹款委员会的共和党人一直在将一些团体提交给国税局,要求调查其与外国恐怖组织的联系。得克萨斯州共和党州长格雷格·阿博特去年底致信贝森特,要求暂停“美伊关系委员会”的免税资格,并指控该组织本身与恐怖网络有联系。该组织否认了这些指控。
Republicans on the House Ways and Means Committee have been referring groups to the IRS for investigation of foreign terrorist ties. Texas Republican Gov. Greg Abbott penned a letter to Bessent late last year requesting the suspension of the Council on American-Islamic Relations’ tax status and alleged that the organization has its own ties to terrorist networks. The group has denied the charges.
这一潜在的特朗普行政命令源于“9·11”袭击事件后制定的政策。时任总统小布什签署了一项行政命令,授权政府将特定个人和团体(包括非营利组织)指定为与恐怖主义有关联,从而冻结其资产。
The potential Trump order stems from policies created after the Sept. 11, 2001, attacks. President George W. Bush signed an executive order that allowed the administration to designate select people and groups, including nonprofit organizations, as being linked to terrorism, enabling a freezing of their assets.
在布什第一任期的后期,国会赋予总统权力,可通过行政令认定某些非营利组织与恐怖主义有关联,而这一认定将自动导致相关团体的免税资格被暂停。该法律还允许国务院将某些团体认定为恐怖主义关联组织,这同样可以暂停其免税资格。
Later in Bush’s first term, Congress gave presidents the power to certify through an executive order that some nonprofits were tied to terrorism and for that designation to automatically lead to groups having their tax-exempt status suspended. That law also allows the State Department to designate groups as terrorist affiliates, which can also suspend tax exemption.