What Could Possibly Go Wrong? – Issues with a Tax-Exempt Entity’s Private Inurement and Excess Compensation

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What Could Possibly Go Wrong? – Issues with a Tax-Exempt Entity’s Private Inurement and Excess Compensation

Program originally presented Thursday, June 8, 2023

This advanced CLE course is designed to provide an update on unique federal tax issues facing tax-exempt entities and will review the types of transactions that may constitute “private inurement” and “excess benefit transactions” that could lead to the imposition of penalties under the Internal Revenue Code. This course will also provide an overview of executive compensation issues specifically facing tax-exempt entities including the I.R.C. § 4960 excise tax on excess compensation.

Topics presented include:

• Overview of the private inurement rules and excess benefit transactions
• Summary of the intermediate sanctions penalty regime under I.R.C. § 4958 and the types of tax-exempt organizations to which it applies
• Tips for avoiding excess benefit transactions including the “rebuttable presumption of reasonableness” procedure
• Overview of executive compensation issues unique to tax-exempt entities
• I.R.C. § 4960 tax on excess tax-exempt organization executive compensation – when it applies, what it applies to, and unique related party rules and safe harbor
• Exceptions to the application of the IRC § 4960 excise tax

Attend this CLE to hear a comprehensive examination of issues with a tax-exempt entity’s private inurement and excess compensation.

Panelists:
Noel Fleming, Esq.
Founding Partner, Fleming Petenko Law
Philadelphia

James R. Malone, Jr., Esq.
Principal, Post & Schell, P.C.
Philadelphia

Deone Powell, Esq.
General Counsel & Chief Legal Officer
Vanguard Charitable
Malvern

Stephanie S. Vogel, Esq.
Partner, Tax and Employee Benefits, Dilworth Paxson, LLP
Philadelphia

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